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HomeMy WebLinkAbout06-11-2018 CCPColumbia Heights 14f1- 1 2016 1. CALL TO ORDER /ROLL CALL 2. INVOCATION Cl COLUMBIA HEIGHTS www.columbiaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 590 401h AVE NE MONDAY, JUNE 11, 2018 7:00 PM Invocation provided by Rachel James, First Lutheran 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie euesgens Nick Novitsky City Manager Walter R. Fehst Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally- responsible manner. 5. APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation of Outstanding Citizen Award to Tanya Moore. 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of May 29, 2018 pg 5 MOTION: Move to approve the minutes of the City Council work session of June 4, 2018 pg 14 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Traffic commission minutes from May 7, 2018 pg 16 MOTION: Move to accept the EDA commission minutes from May 7, 2018 pg 20 MOTION: Move to accept the Planning Commission minutes from May 1, 2018 pg 27 City of Columbia Heights June 11, 2018 City Council Agenda Page 2 C. Consideration of Revocation of Rental Licenses for 4625 and 4633 Tyler Street NE. pg 40 MOTION: Move to table the Public Hearing to consider the revocation of rental licenses at 4625 and 4633 Tyler Street NE until the City Council meeting of August 13, 2018. D. Approval of Out of State Conference Attendance pg 41 MOTION: Move to approve attendance of Councilmember Buesgens at the 11th Annual Growing Sustainable Communities Conference October 2 -3 2018, as budgeted monies are available, and to authorize payment in advance for registration and lodging and provide reimbursement for mileage. E. Approve Agreement re Anoka - Hennepin Narcotics And Violent Crimes Task Force pg 43 MOTION: Move to authorize the Mayor, City Manager and Police Chief to enter into a Joint and Cooperative Agreement for the Formation and Administration of the Anoka - Hennepin Narcotics and Violent Crimes Task Force. F. Amendment Consideration of the Fiscal Year 2018 Contributions Fund Budget. pg 64 MOTION: Move to waive the reading of Resolution 2018 -34, there being ample copies available to the public. MOTION: Move to approve Resolution 2018 -34, a resolution authorizing an amendment to the Fiscal Year 2018 Contributions Fund budget. G. Approve Permits for the 2018 Jamboree pg 66 MOTION: Move to authorize staff to close Huset Parkway from 39th to 40th Avenues for the time period from Tuesday afternoon, June 19, through Sunday, June 24, 2018. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2018 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. MOTION: Move to authorize fireworks at dusk on Saturday, June 23, 2018 and to waive the Fire Department fireworks display permit fee. H. Consideration of Resolution No. 2018 -35, a Resolution Amending the Fiscal Year 2018 pg 67 Special Projects Fund Budget; and Authorization for Condition Assessments of the Parking Ramps. MOTION: Move to waive the reading of Resolution No. 2018 -35, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2018 -35, a resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing an amendment to the Fiscal Year 2018 Special Projects Fund budget. MOTION: Move to accept the proposal from Kimley -Horn & Associates in the amount of $15,400 for professional services in connection to the inspection of both Municipal parking ramps located in the Central Business District, and authorize the City Manager to take all actions necessary to perform the City's obligations under the Professional Service Agreement as a whole, including without limitation to execution of any documents to which the City is a party referenced in or attached to the Professional Service Agreement. City of Columbia Heights City Council Agenda June 11, 2018 Page 3 I. Approve Resolution for a Joint Grant Application Supporting the Reconstruction of 37th Ave from Central Avenue to Stinson Boulevard pg 77 MOTION: Move to waive the reading of Resolution 2018 -37, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -37 in support of the request for Federal STP funds for the 37th Avenue Improvements from Central Avenue to Stinson Boulevard. J. Request Authorization to Expend Funds for 2018 Pathways program pg 82 MOTION: Move to approve the expenditure of approximately $12,000 to send one current employee to the 2018 Pathways program. K. Approve Business License Applications pg 85 MOTION: Move to approve the items as listed on the business license agenda for June 11, 2018. L. Review of Bills pg 87 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $899,806.64. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS pg 99 A. First Reading of Ordinance No. 1649, an Ordinance amending City Code of 2005 relating to institutional uses in commercial areas within the City of Columbia Heights. MOTION: Waive the reading of Ordinance No. 1649, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1649, being and Ordinance amending City Code of 2005 relating to institutional uses in commercial areas within the City of Columbia Heights, for June 25th, 2018 at approximately 7:00 p.m. in the City Council Chambers. B. First Reading of Ordinance No. 1647, an ordinance amending City Code of 2005 relating to Zoning and Land Development, and establishing a PUD District pg 107 MOTION: Move to waive the reading of Ordinance No. 1647, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1647, being an ordinance amending City Code of 2005 relating to Zoning and Land Development, and establishing a Planned Unit Development District within the City of Columbia Heights, for June 25, 2018 at approximately 7:00 P.M. in the City Council Chambers. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions pg 114 a. SECOND Reading of Ordinance 1648 Amending Chapter 2, Section 10 and Chapter 6, Section 53 pertaining to the Direction of the Police Department. MOTION: Move to waive the reading of the Ordinance No. 1648, there being ample copies available to the public. City of Columbia Heights City Council Agenda June 11, 2018 Page 4 MOTION: Move to approve Ordinance No.1648, being an ordinance amending Chapter 2, Section 10 and Chapter 6, Section 53 of the City's Charter pertaining to the Direction of the Police Department. B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager Report of the City Attorney 11. COMMUNITY FORUM At this time, individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form for the Council Secretary's record, and limit their comments to five minutes. Individuals are asked to state their name for the record. The City Council will listen to the brief remarks, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting in which they are raised. It has been a long- standing practice that the Community Forum not be used as a platform for campaigning or voicing positions for or against any candidate running for political office. 12. ADJOURNMENT Walt Fehst, City Manager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno @columbiaheightsmn.sov, to make arrangements. OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 29, 2018 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday May 29, 2018 the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:04 p.m. 1A. Appoint Secretary Pro Tem Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to appoint Nancy Becker as Secretary Pro Tem. All Ayes, Motion Carried. Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr., Councilmember Buesgens, and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Keith Dahl; Economic Development Manager Joe Kloiber; Finance Director, Gary Gorman; Fire Chief, and Nancy Becker; Council Secretary Pro Tem 2. INVOCATION Invocation provided by Bill Hugo, St Matthew 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. 5. APPROVAL OF AGENDA Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to approve the agenda as presented. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of May 14, 2018 B. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for May 29, 2018, in that they have met the requirements of the Property Maintenance Code. City Council Minutes May 29, 2018 Page 2 of 9 C. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 29, 2018. D. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $676,659.51. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to approve the Consent Agenda as presented. All Ayes, Motion carried. 8. PUBLIC HEARINGS A. Approval Consideration of Resolution 2018 -32, a Resolution for the Issuance of Tax Exempt Bonds Keith Dahl, Community Development Manager reported that the City received an Application for Financial Assistance from Love To Grow On, a Minnesota nonprofit for the issuance of a revenue note in one or more series, not to exceed a principle amount of $3,800,000. The Tax Exempt Bonds would be issued as a conduit revenue bond secured solely by revenues derived from the Subject Project. Thus, the Tax Exempt Bonds will not constitute a general obligation of the City; will not be secured by or payable from any property or assets of the City; and will not be secured by any taxing power of the City. Furthermore, the issuance of the Tax Exempt Bonds will have no adverse impact on the credit rating of the City, even in the event that the Applicant encounters financial difficulties with respect to the Subject Project. The Applicant has paid the application fee, deposited an escrow to cover all expenses incurred by the City for attorney and consultant fees, as well as agreed to pay an issuance fee equal to 1% of the principal amount issued for the Tax Exempt Bonds. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Resolution 2018 -32, there being ample copies available to the public. All Ayes, Motion Carried. Gina Fiorini, Kennedy & Graven clarified that the City is acting as a conduit, to allow the borrower to get the benefit of a tax exempt rate. Mayor Schmitt asked for assurance that the City will not need the funds for any projects this year. Dahl confirmed that there are not any projects planned for this year. Dahl reported the funds would be deposited into Fund 226, to be used towards Special Projects. Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve Resolution No. 2018 -32, a resolution authorizing the issuance, sale and delivery of a revenue obligation for the benefit of Love To Grow on, authorizing the execution and delivery of the revenue obligation and related documents, and approving other actions related thereto. All Ayes, Motion Carried. B. First Reading of Ordinance 1648 Amending Chapter 2, Section 10 and Chapter 6, Section 53 pertaining to the Direction of the Police Department. City Attorney Jim Hoeft reported that the Charter Commission has been consideration two issues pertaining to the City's Charter. The first issue was to change the Mayor's term from two years to four years. The Council considered that amendment at their February 12th meeting, the item was not approved. Ordinance 1648 would authorize the City Manager to oversee and direct the Police Department, rather than the Mayor, as the Charter currently indicates. City Council Minutes May 29, 2018 Page 3 of 9 Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of the Ordinance No. 1648, there being ample copies available to the public. All Ayes, Motion Carried. Councilmember Buesgens reported that 10 of 14 neighboring Charter Cities operate with the City Manager overseeing the Police Department. Buesgens reported that historically some of the Mayors have informally given the responsibility to the City Manager, while some have not. Buesgens stated she is in support of the change, for reasons including the fact that the Charter was written nearly 100 years ago, and the City Manager (whoever that may be) would likely be better qualified in personnel matters. Councilmember Williams agreed with Councilmember Buesgens. City Manager Walt Fehst agreed that things have changed over the years, and it makes sense to make the change. Fehst indicated that while there have not been any negative issues in the past, the City may be at risk in the future. Mayor Schmitt questioned the pay increase the former Mayor received due in part to hiring of the former Police Chief. Manager Fehst indicated that the Mayor at the time made the decision to include the whole council in the interview process. Finance Director Joe Kloiber stated that if the City plans to combine the Public Safety functions, that it would be problematic if the oversight of the departments were by different people. City Attorney Jim Hoeft reported the City Managers in the past have been involved in the hiring of the past three Police Chiefs, indicating the City Manager has the training and education to do so. Hoeft compared the City of Colombia Heights to a corporation, with the Council serving as the Board of Directors, and the City Manager as the CEO. KT Jacobs -4104 Monroe St. asked if there have been any problems with the current structure. Manager Fehst stated that since he has been with the City there have been no problems. Jim Hoeft clarified that if the item does not move to a second reading, it will revert back to the Charter Commission for consideration. If a second reading is scheduled, a unanimous approval is required. If not unanimous it goes back to the Charter Commission. The commission can then decide whether to leave the Charter as is, modify the resolution, or submit for a ballot question. Mayor Schmitt indicated she would prefer the item be decided by the citizens, and placed on a future ballot. Motion by Councilmember Buesgens, seconded by Councilmember Williams to schedule the second reading of Ordinance No. 1648, being an ordinance amending Chapter 2, Section 10 and Chapter 6, Section 53 of the City's Charter pertaining to the Direction of the Police Department forJune 11, 2018, at approximately 7:00 p.m. in the City Hall Council Chambers. A roll call vote was taken. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Buesgens attended the Recycling Recognition Ceremony in Anoka County, the Northeast Bank movie night, HeightsNEXT perennial exchange, the Community Education Pow Wow, she assisted with weeding the Lions Garden, attended Planning Commission training, attended the swearing -in of Officer City Council Minutes May 29, 2018 Page 4 of 9 Jamie Mittelstaedt, planted flowers with the Beautification Committee, and attended the VFW Memorial Day Service. Councilmember Williams announced Valley View Elementary School Urban Liaison Adriana Morales has been named the Columbia Heights Public Schools 2017 -2018 Employee of the Year. Williams also announced $292,000 in scholarships were awarded to High School Seniors. Councilmember Murzyn, Jr. attended Iftar with a Cop, the swearing -in of Officer Jamie Mittelstaedt, and the VFW Memorial Day Service. Councilmember Novitsky participated in calling a meat raffle at Millers, he presented three scholarships on behalf of the Lions, and attended Iftar with a Cop. Mayor Schmitt attended the Pow Wow, attended the Multi- cultural Advisory meeting, attended the Morning side Cemetery & Bunker Hills Park Veterans Day celebration, and the VFW Memorial Day service. Walt Fehst announced there will be a Meet and Greet at the City of Peace Neighborhood Center on June 6th from 5:00 -7:00. Manager Fehst announced candidate filing will run through June 5tn, with offices remaining opening until 5:00 on June 5t h 11. COMMUNITY FORUM Joyce Meyer, 4931 -4933 Jackson St NE reported she has received a condemnation letter from the City. Ms Meyer stated she intends to hire a contractor to take care of the restoration in her basement following a recent pipe break. City Attorney Jim Hoeft explained that the City is willing to work with the property owner, and instructed the property owner to contact the Building Official by June 1St 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to adjourn. All Ayes, Motion carried. Meeting adjourned at 8:25 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Resolution 2018 -32 RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A REVENUE OBLIGATION FOR THE BENEFIT OF LOVE TO GROW ON; AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE OBLIGATION AND RELATED DOCUMENTS; AND APPROVING OTHER ACTIONS RELATED THERETO BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota (the "City "), as follows: City Council Minutes May 29, 2018 Page 5 of 9 Section 1. Findings. 1.01. Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act "), authorizes the City to carry out the public purposes described in the Act by providing for the issuance of revenue obligations to provide funds to finance revenue - producing enterprises, whether or not operated for profit. 1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance or refinance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations. 1.03. Love To Grow On, a Minnesota nonprofit corporation, or any of its affiliates (the "Borrower "), has proposed that the City issue its revenue obligation (the "Note "), in one or more series, as a taxable or tax - exempt obligation, in an aggregate principal amount not to exceed $3,800,000. The Borrower has proposed to apply the proceeds of the Note to (i) finance the acquisition, construction, and equipping of an approximately 13,000 square foot early childhood educational facility located at 6499 Lakota Trail in Lino Lakes, Minnesota (the "Project "); (ii) finance capitalized interest on the Note during construction of the Project, if necessary; (iii) fund required reserves for the Note, if any; and (iv) pay the costs of issuing the Note. 1.04. The Project financed with the proceeds of the Note will be owned and operated by the Borrower. 1.05. The Borrower has represented to the City that it is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as amended (the "Code "), as a result of the application of Section 501(c)(3) of the Code. 1.06. Section 147(f) of the Code, and regulations promulgated thereunder, and Section 469.154, subdivision 4 of the Act require that, prior to the issuance of the Note, the City Council approve the issuance of the Note after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in the official newspaper of and a newspaper of general circulation in the City at least fourteen (14) days prior to the public hearing date. 1.07. On the date hereof, the City Council conducted a public hearing on the Project and the issuance of the Note. A notice of public hearing was published at least fourteen (14) days prior to the regularly scheduled meeting of the City Council in the Sun Focus, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Code and the Act. At the public hearing, a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of the Note. 1.09. Pursuant to Section 469.154 of the Act, prior to the issuance of the Note by the City, the Commissioner of the Minnesota Department of Employment and Economic Development ( "DEED ") must approve the costs of the Project to be funded by the Note on the basis of an application submitted by the City with all required attachments and exhibits (the "DEED Application "). 1.09. The Note is to be issued under the terms of this resolution. Northeast Bank, a Minnesota banking and insurance corporation (the "Lender "), has agreed to purchase the Note. The proceeds derived from the sale of the Note to the Lender (the "Loan ") are to be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement (the "Loan Agreement ") between the City and the Borrower. Proceeds of the Note will be applied by the Borrower to (i) finance the acquisition, construction, and equipping of the Project; (ii) finance capitalized 9 City Council Minutes May 29, 2018 Page 6 of 9 interest on the Note, if necessary; (iii) fund required reserves for the Note, if any; and (iv) pay the costs of issuing the Note. The proceeds of the Note will be disbursed pursuant to the Loan Agreement and a Disbursing Agreement (the "Disbursing Agreement ") between the Borrower, the Lender, and a disbursing agent named therein. 1.10. The loan repayments required to be made by the Borrower under the terms of the Loan Agreement and certain other rights will be assigned to the Lender under the terms of a Pledge Agreement (the "Pledge Agreement ") between the City and the Lender. 1.11. In consideration of the Loan by the City and to secure the payment of its obligations under the Loan Agreement and the principal of, premium, if any, and interest on the Note when due, the Borrower will execute and deliver a mortgage agreement granting a mortgage lien on certain property of the Borrower (the "Mortgage "), an assignment of leases and rents (the "Assignment "), and other security documents that are intended to secure timely payment of the Loan. 1.12. The principal of, premium, if any, and interest on the Note (i) shall be payable solely from the revenues pledged and otherwise available therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement. Section 2. The Note. 2.01. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Note in an aggregate principal amount not to exceed $3,800,000. The Note shall bear interest at rates designated by the terms of the Note, and shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of the Note now on file with the City, with the amendments referenced herein. The City hereby authorizes the Note to be issued as a "tax- exempt bond" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 2.02. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note shall be substantially in the form now on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the name of the Note, the aggregate principal amount of the Note, the stated maturity of the Note and the maturity date of the Note, the interest rate on the Note, and the terms of optional and mandatory redemption of the Note) as the Mayor and the City Manager (the "Mayor" and the "City Manager," respectively), in their discretion, shall determine. The Mayor and the City Manager are authorized and directed to prepare the Note, and the Note shall be delivered to the Lender. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Note by the City shall be conclusive evidence of such determination. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Note. 2.03. The Note shall be a special, limited obligation of the City, and the principal of, premium, if any, and interest on the Note shall be payable solely from the proceeds of the Note, the revenues derived from the Borrower pursuant to the terms of the Loan Agreement and the security provided by the Borrower in accordance with the terms of the Loan Agreement, the Mortgage, the Assignment, and any and all other security of any kind or nature provided by the Borrower (or an affiliate) to the Lender. 10 City Council Minutes May 29, 2018 Page 7 of 9 2.04. As provided in the Loan Agreement, the loan repayments to be made by the Borrower under the Loan Agreement will produce revenues sufficient to pay the principal of, premium, if any, and interest on the Note when due. The Note shall not be payable from or charged upon any funds other than the revenues pledged to its payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Note shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Note or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder, which will be assigned to the Lender under the Pledge Agreement. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreement, and the revenues and assets thereunder, which will be assigned to the Lender under the Pledge Agreement. The Note shall recite that the Note is issued pursuant to the Act and that the Note, including interest and premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitations. 2.05. It is hereby found and determined that the Project furthers the purposes set forth in the Act, and therefore the Project constitutes a "project" within the meaning of Section 469.153, subdivision 2(b) of the Act. The City acknowledges, finds, determines, and declares that the issuance of the Note is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Note and the other actions of the City under the Loan Agreement, the Pledge Agreement, and this resolution constitute a public purpose and are in the best interests of the City. In accordance with Section 469.154 of the Act, the City Manager and other City staff are hereby authorized and directed to cause a draft copy of the DEED Application, together with drafts of all required attachments and exhibits, to be prepared by Kennedy & Graven, Chartered, as bond counsel ('Bond Counsel "). The City Manager and other officers, employees, attorneys, and agents of the City are hereby authorized to provide DEED with any information needed for this purpose, and the City Manager is authorized to initiate and assist in the preparation of such documents as may be deemed appropriate by Bond Counsel. Section 3. Agreements. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Loan Agreement and the Pledge Agreement. All of the provisions of the Loan Agreement and the Pledge Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement and the Pledge Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 4. Disbursements of Note Proceeds. The proceeds of the Note shall be disbursed in accordance with the terms of the Loan Agreement and the Disbursing Agreement. Section 5. Other Documents. The Mayor, the City Manager, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Note, including one or more certificates of the City, an endorsement of the City to the tax certificate of the Borrower, an Information Return for Tax - Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and M City Council Minutes May 29, 2018 Page 8 of 9 appropriate in connection with the issuance, sale, and delivery of the Note. The City hereby authorizes Bond Counsel to prepare, execute, and deliver its approving legal opinion with respect to the Note. Section 6. The City and Its Officers, Employees, and Agents. 6.01. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. 6.02. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer or employee executing the Note shall be liable personally on the Note or be subject to any personal liability or accountability by reason of the issuance thereof. 6.03. No provision, covenant, or agreement contained in the aforementioned documents, the Note, or in any other document relating to the Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Note, as provided therein. 6.04. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Note, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holders from time to time of the Note. Section 7. Severability. In case any one or more of the provisions of this resolution, other than the provisions contained in Section 2.03 hereof, or of the aforementioned documents, or of the Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Note, but this resolution, the aforementioned documents, and the Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. Section 8. Validity of the Nate. The Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Note, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. Section 9. Authorization for Other Acts. The officers of the City, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Note for the full, punctual, 12 City Council Minutes May 29, 2018 Page 9 of 9 and complete performance of all the terms, covenants, and agreements contained in the Note, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any person delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager. Section 10. Designation as Bank - Qualified Obligation. The City hereby designates the Note as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Code. Section 11. Payment of Costs. The Borrower has agreed to pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the Note is issued. It is understood and agreed that the Borrower shall indemnify the City against all liabilities, losses, damages, costs, and expenses (including attorneys' fees and expenses incurred by the City) arising with respect to the Project or the Note as provided for and agreed to by and between the Borrower and the City in the Loan Agreement. Section 12. Payment of City's Administrative Fee. The Loan Agreement will require the Borrower to pay the City's bond administrative fee when the Note is issued. Section 13. Effective Date. This resolution shall be in full force and effect from and after its passage. Ordinance 1648 THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: CHAPTER 2, FORM OF GOVERNMENT Section 10. THE MAYOR. The mayor , and direction of G4 poiiee officers 4 the 6W,Gn shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. tO 6id 4e rtR9 nfi rhG4 be under. the sigie eentrei 4 t e nq yrr 13 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: June 4, 2018 Time of Meeting: 7:00 PM Location of Meeting: Conference Room #1 Purpose of Meeting: Work Session CALL TO ORDER /ROLL CALL - The meeting was called to order at 7:00 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Williams, Novitsky and Buesgens Also present: Walt Fehst; City Manager, Kelli Bourgeois; Human Resources Director /Assistant to the City Manager, Lenny Austin; Police Chief, Kevin Hansen; Public Works Director, Joe Hogeboom; Community Development Director, Keith Dahl; Economic Development Manager, Akua Opoku; Housing & Economic Development Intern, and Katie Bruno; City Clerk. Discussion regarding Pathways Program Police Chief Lenny Austin reported the City has had two police officers successfully participate in the Pathways Program. Currently the City has a CSO that would be an excellent candidate for the program. Hennepin County Technical College has lengthened the course to 22 weeks, based on feedback from participating agencies. With the additional instruction time, the cost has increased from $7,000 to approximately $12,000 per candidate; there may be grant funds available. The hope is to move this candidate into one of the two open positions within the police department. Austin indicated that this is an unbudgeted expense, noting that with the current vacancies some of the costs will be offset. Kelli Bourgeois, Human Resources Director /Assistant to the City Manager indicated that this will allow the City to attract high quality CSO candidates, and to give the City the advantage of working with the CSO, prior to them being hired as an officer. Chief Austin indicated the item will be brought to a future council meeting for consideration. City Hall Master Plan Cindy McCleary, representing Leo A. Daly gave an overview of a proposed plan to build a new City Hall, with a connection to Murzyn Hall. Councilmember Murzyn, Jr. suggested an expansion to the main hall at Murzyn Hall be considered along with the new construction. Councilmember Buesgens agreed that expanding Murzyn Hall is a good idea. Community Development Director Joe Hogeboom stated that while he likes the Farmers Market, he questioned if that space could be used as a viable development site, and find an alternate location for a Farmers Market. Hogeboom also stated that this option would allow for Mill Street to become a Parkway, with access to Huset Park. Hansen suggested incorporating the Huset Park Master Plan, along with the project. Councilmember Buesgens requested the additional plaza areas be included in the costs, not be priced separately. Councilmember Williams suggested focusing on the improvements to Murzyn Hall and the construction of a new City Hall. Director Hansen reported modifications will be made to the presented concept, and requested the Council provide any additional comments, stating the final costs will be determined following council direction. McCleary suggested pricing the public space separately. The council all agreed that this is the preferred site. 14 City Council Work Session June 4, 2018 Page 2 of 2 Columbia Heights Design Guidelines Akua Opoku; Housing & Economic Development Intern shared Staff's recommendation that the Design Guidelines be updated every 8 -10 years, in order to follow along with the Comprehensive Plan. Another recommendation is to establish a clear facade for city buildings. Mayor Schmitt indicated there are numerous ethnic restaurants in the City, who's decor preferences may not fit into our guidelines. Director Hogeboom stated that the design guidelines apply to new commercial development, and new residential development (other than single family and twin homes). Hogeboom clarified that the guidelines are not required, and developers are encouraged to consider the guidelines when possible. Councilmember Buesgens indicated that the Comprehensive Plan Steering Committee requested the Design Guidelines be updated. Councilmember Williams suggested the City discuss height restrictions as part of the design guidelines. Mayor Schmitt stated that the Fire Department may not be replacing their ladder truck, and that may be a factor when considering building height. Keith Dahl; Economic Development Manager asked for direction from the council regarding next steps. Dahl indicated he will budget accordingly to bring in a consultant for Community Engagement events in 2019. Mayor Schmitt asked for a timeline. Director Hogeboom explained the Comprehensive Plan review process can take up to six months. Following approval of the Comp Plan, the Zoning Code will need to be updated. The Design Guidelines will follow the 2040 Comp Plan. Meeting Adjourned at 8:08 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Wi OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, May 7, 2018 CALL TO ORDER The meeting was called to order by Chairperson Carlson at 5:30 p.m. ROLL CALL Members present: Commissioners Carlson, Clerkin, and Olson Members absent: Commissioners Doty and Schluender Staff present: Kathy Young, Assistant City Engineer Lenny Austin, Police Chief Sue Schmidtbauer, Public Works Secretary Council Liaison: Connie Buesgens Residents Present: None APPROVAL OF MINUTES Motion by Carlson, seconded by Olson, to approve the minutes of November 6, 2017 as presented. Motion passed unanimously. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS A. REQUEST TO DESIGNATE 46 1/2 AVENUE AS ONE -WAY EAST BOUND On March 19, 2018 a westbound vehicle on 46 1/2 Avenue flew over the Jefferson Street divide and crashed through the entrance of a house on the west side of Jefferson Street. Although this was the most dramatic incident, the guard rail and fence have been hit by westbound vehicles at least annually. Once before, a vehicle ended up teetering on the retaining wall. In all other incidents the guardrail or fence stopped the vehicles. Public Works staff reviewed the options to improve safety, which consist of do nothing, close 46 1/2 Avenue at Jefferson Street, or designate 46 1/2 Avenue as one -way east bound. Due to ongoing accidents at the intersection, to do nothing is not a viable option. Staff is requesting 46 1/2 Avenue be designated as one -way east bound. This will have the least impact on travel and plowing operations. In Columbia Heights, 14 households will need to go north on Monroe Street and use one of the other east -west streets to access Jefferson Street. Traffic counts will be obtained on 46 1/2 Avenue and on Monroe Street before the meeting in June. Clerkin stated he was almost hit 3 -4 times this winter on westbound 46 1/2 Avenue. It's difficult to 16 Traffic Commission Minutes — May 7, 2018 Page 2 stop when coming down the hill if a driver is not paying attention. The hill is also difficult for motorcycles. He feels making 46 1/2 a one -way eastbound would solve a lot of problems. Olson agrees; it's somewhat of a blind intersection. Carlson questioned how far 46 1/2 Avenue would be designated as one -way and how it would affect residents in the trailer court. Young advised people in Hilltop most likely take Monroe north to 48th and then cut over. She does not feel they would take 46 1/2 Avenue. Motion by Olson, seconded by Clerkin to call a Public Hearing with residents at the next Traffic Commission meeting in June to designate 46 1/2 Avenue as one -way eastbound from Jefferson Street to Monroe Street. Upon vote: Clerkin, aye; Olson, aye; Carlson, nay. 2 ayes —1 nay. Motion passed. B. REQUEST TO INSTALL THREE WAY STOP AT THE INTERSECTION OF 48TH AVENUE AND MONROE STREET. The Police Department had a comment posted to its Facebook page requesting 3 -way stop signs at the intersection of 48th Avenue and Monroe Street due to speeding and vehicles running the stop sign at the base of the hill. Staff would like to consider this request because if 46 1/2 Avenue is changed to a one -way street, the traffic volume on Monroe Street will increase. The intersection at 481h Avenue and Monroe Street is a T- intersection. Currently northbound traffic on Monroe Street has a stop sign at 48th Avenue. Eastbound traffic on 48th Avenue slows to turn either northbound or southbound onto Monroe Street. There have been no reported traffic accidents within the past five years and visibility at the intersection is good. City staff contacted the City of Hilltop regarding the stop sign and they consider it necessary as a safety measure for the children walking to /from school on Monroe Street. This intersection will probably come up at the Public Hearing because traffic volume will increase on Monroe Street if 46 1/2 Avenue is designated as one -way. For consistency, a three way stop at this intersection should be considered, although it does not meet the criteria for stop signs. Motion by Olson, seconded by Clerkin to do nothing. Motion passed unanimously. OTHER NEW BUSINESS None REPORTS CITY ENGINEER 1. Request for stop signs at the intersection of Madison Street and 42nd Avenue The decision of the Traffic Commission was appealed to the City Council. The City Council approved stop signs at the intersection, stopping traffic on Madison Street. These signs were installed on May 3rd MA Traffic Commission Minutes — May 7, 2018 Page 3 2. No Parking on south side of 39th Avenue from the roundabout to Central Avenue. During the Public Hearing for the street rehabilitation project, business owners requested No Parking be designated on the south side of 39th Avenue from the roundabout to Central Avenue. The City Council will consider this at their meeting on May 14th. This request did not come through the Traffic Commission because it took place in a Public Hearing setting. 3. University Avenue (TH 47) Construction MnDOT has closed University Avenue from 27th Avenue in Minneapolis to 44th Avenue in Columbia Heights for construction. The road will be closed until mid -June. Either 37th Avenue or 40th Avenue intersections will be open during construction. The official detour is East River Road for truck traffic and Central Avenue for cars. Chief Austin stated the Police Department has received calls related to traffic complaints in the residential areas. Most of the complaints are on 3rd and 4th Streets. They're working to obtain additional signage, stop signs for intersection and pedestrian traffic. He also has officers working on traffic control. The speed trailer is being set up in these areas on a rotating basis. The biggest concern of residents is traffic volume, not speed. He feels most trucks are using 44th Avenue as the other streets are pretty narrow. Young advised that the designated detour for trucks is East River Road. The Police Department will continue to monitor and hopefully the Public Works Director will have further suggestions regarding signage to help with some of the traffic. 4. Requests for Disabled Parking Signs At the request of the residents, • A Disabled Parking sign has been installed at 4224 Van Buren Street, Permit number H54883, and A Disabled Parking sign has been removed at 3959 Quincy Street. 5. There's been a request by the EDA to either move our meeting to 5:00 p.m. or to potentially meet on a different day. The EDA currently meets the first Monday of the month at 6:30 p.m. They would like to change their meeting time to 6:00 p.m. Young asked if the commissioners felt residents who request issues would have a problem getting here at 5:00. Carlson said yes as a lot of people work until 5:00. We do not need to make a decision today. This item will be included in our next agenda packet POLICE CHIEF None COMMISSIONERS 1. Carlson had a request by someone who works for the City of Minneapolis to design a pattern for stop signs in the Columbia Heights. Carlson feels this would result in taking down and putting up stop signs where we don't need to. He would like some type of report on the stop 18 Traffic Commission Minutes — May 7, 2018 Page 4 signs in Minneapolis. Chief Austin will try to get him something. ADJOURNMENT Motion by Olson, seconded by Clerkin to adjourn the meeting at 5:58 p.m. Motion passed unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 19 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF MAY 7, 2018 The meeting was called to order at 6:30 pm by Vice President, Donna Schmitt. Members Present: Murzyn, Schmitt, Buesgens, Novitsky, Herringer, and Williams (arrived at 6:33 pm) Members Absent: Szurek Staff Present: Walt Fehst, Keith Dahl, Joseph Hogeboom, and Shelley Hanson PLEDGE OF ALLEGIANCE- RECITED CONSENT AGENDA 1. Approve minutes of April 2, 2018. 2. Approve Financial Report & Payment of Bills for March, 2018 - Resolution 2018 -07 Questions from Members: There were no questions. Motion by Murzyn, seconded by Buesgens, to approve the Minutes of April 2, 2018, and the Financial Report and Payment of Bills for March, 2018 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2018-07 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Month of March 2018 and the Payment of the Bills for the Month of March 2018. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of March 2018 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and 20180507—EDA—Minutes 20 EDA Minutes Page 2 May 7, 2018 WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 7th Offered by: Seconded by: Roll Call: BUSINESS ITEMS day of May _, 2018 Murzyn Buesgens All ayes 1. Relocation of 3841 Central Avenue Dahl stated that on November 6, 2017, the Columbia Height Economic Development Authority (the "EDA ") directed staff to offer the residential structure located at 3841 Central Avenue NE, Columbia Heights, MN (the "Residential Structure ") for one dollar ($1.00) to the Greater Metropolitan Housing Corporation (the "GMHC "); and if accepted, authorized staff to prepare a Bill of Sale, Waiver of Trespass, and Waiver of Liability for the GMHC to relocate the Residential Structure onto 3805 2nd Street NE (the " Subject Project "). However, before acceptance, two (2) separate situations occurred which prolonged the approval consideration of the Subject Project; (1) a pipe burst occurred on November 21, 2017 and (2) the cost to relocate the Residential Structure onto 3805 2nd Street NE was significantly higher than what was originally anticipated. Therefore, the GMHC required an extended amount of time to reevaluate the feasibility of the Subject Project. Kurt, from GMHC, stated it would have cost $120,000 to relocate the house to the 2nd St property. Enclosed in the packets for discussion were two documents, the Scope of Work and Pro Forma. Both of these documents have been updated to reflect changes to the Subject Project. The main difference is that instead of relocating the Residential Structure onto 3805 2nd Street NE, the GMHC now proposes to purchase the vacant property located at 666 40th Avenue NE (the "Subject Property ") for one dollar ($1.00) so that they may relocate the Residential Structure to it. Currently, the Subject Property is owned by the City of Columbia Heights (the "City ") and was assessed by Anoka County to have a 2019 estimated market land value of $52,500. Dahl told members that Public works is not in favor of making this property a gateway to Huset Park because of the alley located behind the home. It would not provide a safe entryway into the park. 20180507 EDA Minutes 21 EDA Minutes Page 3 May 7, 2018 If the EDA were to consider this as an option, the City Council would need to consider the conveyance of the Subject Property for one dollar ($1.00), as well as a rezoning amendment since the Subject Property is currently zoned as LB, Limited Business District. The LB District allows for a single - family dwelling as a Conditional Use; however it requires an accessory structure to contain a commercial use. Dahl told members that since GMHC will not have a commercial use associated with the Residential Structure, a zoning amendment will be required. He went on to say that businesses have not shown an interest in these properties and because they are small lots, several properties would need to be purchased in order to do any kind of a business development. Hogeboom told members that in the new Comprehensive Plan Update this area will be considered as "transitional" so that properties can be used as residential or business uses. Since 40th Avenue is already a mix of residential and businesses this will allow properties along that street to be conforming uses, rather than having the status of "non- conforming" as is the case now. Based on the Scope of Work and the Pro Forma, the GMHC projects a loss of profit in the amount of $72,153.00. Please note that the Pro Forma was based on a sale price in the amount of $250,000. Due to the location of the Subject Property on Huset Park, staff anticipates this figure to be conservative. Regardless, the GMHC would like to purchase the Subject Property for one dollar ($1.00) and formally requests that the EDA consider providing gap funding in the amount equal to what it would cost for the EDA to demolish the Residential Structure. STAFF RECOMMENDATION: If the EDA desires to preserve the unique architectural characteristics of the Residential Structure, staff recommends a formal motion requesting that the City Council consider selling 666 40th Avenue NE to the Greater Metropolitan Housing Corporation for one dollar ($1.00), as well as a motion providing gap funding in the amount equal to the cost of demolition for the Residential Structure located at 3841 Central Avenue NE, for an amount of $25,000. [questions from members: Kurt from Greater Metropolitan Housing Corp was present to answer questions regarding this project. He told members that GMHC was formed in 1973 and is a local non - profit with 40 years of experience concentrating on providing affordable housing. He said they have done several projects of this nature, but it is not necessarily a cost saving option. He said the costs to move a home, construct a new foundation, build a garage, and bring it up to today's code can be cost prohibitive in most cases. He said the house on Central Avenue is in good shape and the decision is whether the City wants to keep older homes like this or just build a new one. Herringer asked the size of the lot on 40th Avenue. Hogeboom stated it is 40 x 125 and that the house is 30 feet wide which would allow for the 5 foot side yard setbacks to be met. This lot is in the middle of the block and would need to be re -zoned to allow it to be used residentially. He said staff would be recommending that a portion of the LB district be zoned back to residential as most of it is currently used that way. Dahl said this is the only lot we have that would work and because it is closer, the cost to relocate there would be less. Schmitt asked if the re- zoning would affect their taxes and insurance at all. Hogeboom said the taxes are based on the use of the property now, so that wouldn't change. He said it could actually help current owners as the 20180507—EDA—Minutes 22 EDA Minutes Page 4 May 7, 2018 properties would change to a conforming use, which would allow them to expand or add on to their house if they chose. It also would make selling the homes easier, getting financing easier, and getting insurance easier, as the non - conforming status sometimes raises red flags for these things. Williams thought 40th Avenue should be kept as a business zoned district. He said the high density housing that is being added to the city will result in the need for more businesses to serve the needs of the residents. Hogeboom said we are not doing away with businesses. He said everything that is now being used as a business would stay that way. Hogeboom stated that most of these uses are near the Central Avenue intersection or the University Avenue intersection. He said that the properties in the middle of 401h Avenue that are currently used as residential would become residential in the re- zoning process. Buesgens thought this made sense since these properties will continue to be used residentially and it is hard to find someone who wants to buy these properties for commercial use. Novitsky thought we should give commercial a chance and didn't think the properties along 40th Avenue should be zoned back to residential. Herringer asked what we paid for the property on Central. Dahl said we paid $200,000 for the property and it is estimated that it would cost $25,000 to demo the house to make the lot available for redevelopment (which is the same amount of the gap financing being proposed by staff). Dahl said he has talked to the Realtors we have been working with over the last few years and they feel this house will sell for $275,000 - $300,000 once it is moved and brought up to code, as it will have a walkout basement facing the park and a new garage. This will enable GMHC to meet all expenses. Herringer was concerned that GMHC would come back to the EDA for additional funds if they couldn't get that much for it. Kurt previously told members they still needed to firm up prices from contractors, and that he was working under the assumption where it would sell in the range of $250,000, which wouldn't cover all the estimated expenses. That is why the gap of $72,000 was used by GMHC. If they get closer to $300,000 as the City estimates, there shouldn't be a problem. Dahl told members that is why staff recommends setting a firm amount of $25,000 gap financing so that GMHC can make their decision knowing what they have to work with. He said a 3 BR and 3 bath house on the park with a walk out basement should sell for the $300,000 amount. Schmitt asked when it would be done and ready to be occupied. Kurt said he estimated late fall or sometime early 2019. Murzyn thinks a house on that property is a better use of the site. There are homes on either side and it is located in the middle of the block, with homes located across the street as well. Schmitt asked what "transitional zoning" means. Dahl said it allows the city to guide the Comp Plan in a transitional way. In Land Use terms, it means the property could be used either way to create a mixed use area. Since we are operating under the old Comp Plan, we would have to re -zone the properties in this block, which would meet the guidelines established for the new Comp Plan. He said it is better to re -zone a block or two, so we don't spot zone each individual property, and it will conform with the new Comp Plan once it's approved. 20180507—EDA-Minutes 23 EDA Minutes Page 5 May 7, 2018 Fehst said the future "Transitional" classification allows for either residential or commercial use so it gives the City more flexibility along this corridor. Hogeboom said that if GHMC wasn't involved, the alternative would be to re -zone the property on 40th Avenue to residential, and sell it as part of our Single Family Lot Sales Program for development and then demo the one on Central Avenue. Either way it will cost $25,000 to get rid of the house on Central Avenue. And the fact that 666 401h Avenue was donated to us limits the amount of money we have expended on that property. Novitsky said even though the lot was donated, the City still paid money to demolish the building. Hogeboom agreed, and reminded members that it cost $37,000 to tear down that building due to asbestos and other environmental issues. Novitsky said if we are now selling the lot for $1we are losing potential revenue than if we were to sell the lot for more under the Single Family Lot Sales Program where we could recoup most of the expense to tear down the old commercial building. Herringer said we have lost money on all of the properties we purchased, tore down, and sold for new single family homes. He is not in favor of gap financing in excess of the $25,000 under any circumstances. Dahl told members that if the EDA wishes to sell 666 40th Avenue to GMHC and relocate the house onto that property then further action may be required by the Planning Commission at a future meeting and staff will update the EDA accordingly. Motion by Buesgens, seconded by Schmitt, to request that the City Council call for a public hearing on May 29, 2018 at approximately 7:00 PM for the proposed conveyance of 666 40th Avenue NE to the Greater Metropolitan Housing Corporation. All ayes - MOTION PASSED. Motion by Buesgens, seconded by Schmitt, to provide gap funding in the amount of $25,000 for relocation of the residential structure located at 3841 Central Avenue NE to 665 40th Avenue NE. Roll Call: ayes- Buesgens, Murzyn, Herringer, and Schmitt (as long as the amount is capped at $25,000). Nays- Williams and Novitsky MOTION PASSED. OTHER BUSINESS 1. Subsidized Interest Loan Program Discussion Dahl explained that after the Annual State of the Cities Address on April 20, 2018, Jeffrey Neisen, Vice President of Commercial Lending at Lake Community Bank contacted the Community Development Department to inquire about more information with respect to the Fagade Improvement Grant Program. Jeff was interested in identifying a public - private partnership that would increase the amount of funds reinvested into commercial properties throughout the City of Columbia Heights (the "City "), specifically for businesses or commercial property owners to renovate, retrofit, modernize, or remodel their current space. One concept discussed was in regards to a subsidized interest loan program where the Columbia Heights Economic Development Authority (the "EDA ") would agree to pay a portion of a borrower's accrued interest over a specified period of time. 20180507—EDA—Minutes 24 EDA Minutes Page 6 May 7, 2018 For instance, the following examples were prepared to depict a subsidized interest loan program, and to determine what the true cost of the program would be to the EDA if a program such as this was offered. Furthermore, the examples were calculated based on an amortization schedule for a loan amount of $5,000, $15,000, and $30,000 over a three -year repayment period at a traditional interest rate of 5.50 %, and the EDA would subsidize 2.75% over the specified repayment period. Commercial Loan of $5,000.00: The total three -year cost to the EDA would be a subsidy in the amount of $217.50 with a monthly payment of $6.04. Commercial Loan of $15,000.00: The total three -year cost to the EDA would be a subsidy in the amount of $653.00 with a monthly payment of $18.14. Monthly Payment Total Interest Paid Total Repayment Borrower $ 144.96 $ 217.50 $ 5,217.50 Columbia Heights ED $ 6.04 $ 217.50 $ 217.50 TOTA $ 151.00 $ 435.00 $ 5,435.00 J Commercial Loan of $15,000.00: The total three -year cost to the EDA would be a subsidy in the amount of $653.00 with a monthly payment of $18.14. Commercial Loan of $30,000.00: The total three -year cost to the EDA would be a subsidy in the amount of $1,306.00 with a monthly payment of $36.28. Monthly Payment Total Interest Paid Total Repayment Borrower $ 869.72 $ 1,306.00 $ 31,306.00 Columbia Heights ED $ 36.28 $ 1,306.00 $ 1,306.00 TOTA $ 906.00 1 $ 2,612.00 $ 32,612.00 Ultimately, a subsidized interest loan program would be a relatively inexpensive way for the EDA to encourage reinvestment of commercial properties throughout the City, and may have a combined use with the Facade Improvement Grant Program to encourage more substantial improvement, renovation, and remodel projects. Dahl told members this would be two separate programs that businesses would have the opportunity to take advantage of. 25 Monthly Payment Total Interest Paid Total Repayment Borrower $ 434.86 $ 653.00 $ 15,653.00 Columbia Heights ED $ 18.14 $ 653.00 $ 653.00 TOTA $ 453.00 $ 1,306.00 $ 16,306.00 1 Commercial Loan of $30,000.00: The total three -year cost to the EDA would be a subsidy in the amount of $1,306.00 with a monthly payment of $36.28. Monthly Payment Total Interest Paid Total Repayment Borrower $ 869.72 $ 1,306.00 $ 31,306.00 Columbia Heights ED $ 36.28 $ 1,306.00 $ 1,306.00 TOTA $ 906.00 1 $ 2,612.00 $ 32,612.00 Ultimately, a subsidized interest loan program would be a relatively inexpensive way for the EDA to encourage reinvestment of commercial properties throughout the City, and may have a combined use with the Facade Improvement Grant Program to encourage more substantial improvement, renovation, and remodel projects. Dahl told members this would be two separate programs that businesses would have the opportunity to take advantage of. 25 EDA Minutes Page 7 May 7, 2018 Staff was seeking a discussion with the EDA Commission Members to determine if further pursuit should be given to develop a subsidized interest loan program or a comparable program with the concept. Dahl told members that staff has been working on a survey that will be given to businesses later this year in order to get feedback from the business community. He said these surveys will be handed out by the Fire Department when they do their annual inspection of businesses throughout the city. He told members it might be a good idea to hold off implementing such a program until we get the survey results. If the EDA decides to endorse further development of this program, staff recommends enacting a formal motion. Questions from members: Herringer asked how lengthy the survey was. Dahl said there are about 20 questions which he gave several examples of. He told members that a long survey and a short survey have been prepared. Staff recommends using the long form this year and then every three years. The short form would be used in between. Schmitt said there are other entities that provide loan and grant money to businesses also. She suggested gathering a list of those possibilities so that they can be given to business owners. Staff said they would reach out to other banks in the area to see if they would be interested in doing a similar program. Dahl said it is a good idea to prepare a list of options and financing help that are available to help businesses grow, expand, or remodel. Motion by Buesgens, seconded by Murzyn, to authorize staff to continue the development of a subsidized interest loan program, and engage local stakeholders to evaluate their level of interest. All ayes. MOTION PASSSED. The meeting was adjourned at 7:38 pm. Respectfully submitted, Shelley Hanson Secretary 20180507—EDA—Minutes 26 MINUTES OF PLANNING COMMISSION MAY 1, 2018 6:00 PM The meeting was called to order at 6:00 pm by Chair Szurek. The following member was sworn in: New member Tom Kaiser. Commission Members present- Novitsky, Hoium, Kaiser, Sahnow, and Szurek. Commission Members absent: Fiorendino and Schill Also present were Elizabeth Holmbeck (Planner), Shelley Hanson (Secretary), John Murzyn (Council Liaison), and Kevin Hansen (Public Works Director). APPROVAL OF MINUTES Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of April 3, 2018. All ayes. MOTION PASSED. COMPREHENSIVE PLAN UPDATE Lance Bernard, from HKGI was present at the meeting to explain that the draft plan has been completed and is in the process of holding the 3 necessary public hearings. The 15 member Advisory Committee held its last meeting April 23, 2018 to review the document. The Committee is pleased with the outcome of the draft and the public engagement activities that have occurred to date. Staff will make a few minor changes based on their feedback before getting Council approval on the draft at its May 14, 2018 meeting and so that it can be sent out to adjacent jurisdictions and other governmental agencies for review. At the end of the 6 month review period, staff will determine if any changes need to be made to the 2040 Comprehensive Plan before seeking approval from the City Council in December in order to submit the final document prior to year -end. Comments from members: Hoium asked how the attendance was at the Public Meetings held. Lance responded that there were approximately 25 people at the Public comment meeting held April 19th. He said two more are scheduled for May 2nd and May 4th. Lance said they actually had more participation in the earlier meetings when they were seeking input from residents regarding where they wanted the City to focus its goals for the future. Lance told members that residents can also comment on the draft on -line. He said there have been about 50 hits on the on -line site, but just a few comments have been made and most of those were regarding pedestrian traffic and transportation needs. Hoium asked how close the draft follows the advisory group's recommendations. Lance said overall it followed their input very closely, although it can't get quite as detailed as some wanted. Commission member Kaiser who was on the advisory committee said the draft is a good reflection of what priorities were set by the committee. He personally is very happy with what is included in this new plan. 27 Planning Minutes Page 2 May 1, 2018 Holmbeck reminded members to look over the Plan and if they have any feedback or comments to get them to her by May 10th. They can do so on -line, by email, or drop off written notes at the office. Members who have reviewed the Plan said it takes about two hours to read through. Szurek stated she hoped the needs of the City were met, and that it didn't focus on special interest groups. Lance assured her that it focuses on the vision for the City as a whole. She asked if there were any big changes from the previous plan. Lance stated this one has added more language on economic market trends, sustainability, water conservation and energy efficiency issues. No one in the audience had any questions or comments on this issue. PUBLIC HEARING CASE #: 2018 -0501 APPLICANT: City of Columbia Heights LOCATION: 3939 Central Ave NE REQUEST: Conditional Use Permit & Variance Holmbeck explained that the City of Columbia Heights is requesting a Conditional Use Permit to allow a monument sign with a Dynamic LED component to be constructed at the Municipal Library located at 3939 Central Avenue NE, per Section 9.106 (P)(12)(c) of City Code. Section 9.104 (H) (4) requires the Planning Commission to hold a public hearing to consider the Conditional Use Permit application and submit its recommendation to the City Council. In conjunction with the CUP, the City is also requesting Variances from the required setback and square footage requirements for the monument sign per City Code Section 9.106 (P) (12) (a) (2). Section 9.104 (G) of the Zoning Ordinance requires the Planning Commission to hold a public hearing to consider the Variance application and submit its recommendation to the City Council. Construction of the new Municipal Library was completed in June 2016 with the official grand opening on June 26, 2016. Due to visibility issues along Central Avenue, the proposed location of the monument sign is closer to the front (west) property line than is currently permitted by City Code. The building itself was constructed at this distance (allowed by City Code); therefore, in order to effectively promote upcoming events and information the location of the monument sign is proposed to be placed on an adjacent plane to the building, closer to Central Avenue. Renderings of the proposed sign and a narrative detailing the requests are included with this report for the Planning Commission's review. ZONING ORDINANCE The property located at 3939 Central Ave. NE is located in the Central Business (CB) Zoning District. The properties to the north, south and west are located in the Central Business (CB) Zoning District and the properties to the east are located in R -3 Multiple Family Residential Zoning District. In the CBD (Central Business District), a Dynamic LED sign requires a Conditional Use Permit. 28 Planning Commission Minutes Page 3 May 1, 2018 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Avenue" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. The proposed monument sign meets the design guidelines. FINDINGS OF FACT- Conditional Use Permit Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. This is correct. Dynamic LED signs are allowed as a Conditional Use in the Central Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides this area for Commercial uses. While not specifically commercial, the City Library, a Government Office, is a permitted use in the Central Business District. The plan notes that reinvestment in this area will be key to the future success of the City's historic downtown. One of the Comprehensive Plan goals is to establish and maintain a strong sense of community. This area is considered the City's gateway, physical improvements to the corridor such as the newly constructed library facility and now a new attractive monument sign aims to achieve this goal. Enabling the City to promote events and information through the use of an electronic display sign provides a service that supports residents in the community, and therefore, appears to be consistent with the goals outlined in the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The City will have to abide by specific standards as they relate to LED signs. These standards were adopted to limit disturbing influences on neighboring properties. Given the location of the property in the Central Business District, as well as the location of the proposed sign and its orientation to Central Avenue, it appears that the use will not impose hazards on the neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity should not be diminished by the placement of a dynamic LED sign on the subject property. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The City will have to abide by standards and design guidelines as they relate to LED signs. These standards help to ensure compatibility in new development with the appearance of the existing surrounding area. 29 Planning Commission Minutes Page 4 May 1, 2018 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. Staff does not anticipate that the sign will influence traffic congestion. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The proposed sign will be subject to certain standards outlined in the City's Ordinance which governs the use of Dynamic LED Signs, therefore it is assumed that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. FINDINGS OF FACT - Variances Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. Due to visibility issues along Central Avenue, the sign is proposed to be located closer to the property line than currently permitted by City Code. The sign will be used for City communication efforts; the request to have a larger sign is being made to ensure the messaging is visible. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. As previously stated, due to the buildings proximity to Central Avenue, the sign is proposed to be located closer and slightly larger than permitted to ensure visibility. 30 Planning Commission Minutes Page 5 May 1, 2018 C) The practical difficulties caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. Holmbeck told members that the Planning Commission must make a recommendation to the City Council on both the Conditional Use Permit and the Variances. They are both being discussed at one time. RECOMMENDATION — Conditional Use Permit — Staff recommends approval of Resolution No. 2018 -26, approving the a Conditional Use Permit for the property located at 3939 Central Avenue NE., subject to certain conditions. RECOMMENDATION — Variances - Staff recommends approval of Resolution No. 2018 -27, approving the Variances for the property located at 3939 Central Avenue NE. Questions /Comments from members; Kevin Hansen was present to answer questions the members had. Sahnow asked about the durability of the sign since it will be closer to the road. He wondered whether it would stand up to snow being thrown up from the plows and if it would be a good investment for the City. Hansen stated that the sign is designed for MN weather conditions and that the base is larger in order to protect the LED portion of the sign. The base will be constructed with the same stone to match the Library building itself. So he thinks overall, this will be a well- designed sign that will serve the City well. Novitsky said the sign is about 50% larger than our code allows and what other businesses are expected to adhere to. Novitsky said the Liquor stores needed variances also, so why not change the sign ordinance, so all businesses have the same playing field. He also thinks the Liquor store signs are too big and too bright. Holmbeck told him we can have the signs tested to check and see if the illumination of the sign is 31 Planning Commission Minutes Page 6 May 1, 2018 too bright. Novitsky then stated that he thinks the sign should be on the north side of the driveway as the proposed location will block visibility of the northbound traffic for those pulling out onto Central Avenue. Holmbeck explained that the sign will be set back about 5 feet from the sidewalk. Hansen told members that the Library Board didn't want the sign located on the north side of the driveway as it is too close to the building and the meeting room on that corner of the building. They think it would be very distracting to have it illuminating into the room. They also felt the sign would be more visible to traffic coming from the north if it wasn't so close to the building and the wall that is located on the north side. Hoium asked if the cost of this sign was included in the capital cost of the Library Project. He stated that he agreed with Novitsky about changing the sign ordinance so everyone has the same rules. Hoium also remembered that we made another business on Central move their sign because of visibility issues. Holmbeck said that case involved someone who had their sign located at a corner, and there is a setback rule in those cases, to make sure traffic from both streets have visibility. Hansen told him that the cost of the sign was planned as part of the project and that $65,000 still remains for the design and installation of this sign. Kaiser asked if the sign would be lit 24 hours a day. Holmbeck said there is a provision in the code that signs must be dimmed at night and it is stated in Condition #7. She told members that if they wished to put other conditions about when the sign can be lit, they are free to do so. Hansen said the sign can be shut down completely after a certain hour or they can dim it over night as the codes requires. Since it is an LED sign the cost of leaving it on at a dimmed status would be acceptable. Kaiser then asked if the sign were vandalized, can it be easily repaired. Hansen said they will spray it with an anti - vandalism coating which makes removal of graffiti much easier. If the illuminated portion is damaged, there are small panels that can be replaced as needed. Public Hearing Opened. Tim Utz from 4141 Stinson Blvd said the business to the south, Heights Rental, has vehicles and equipment parked in front of their business all day long which obstructs visibility for those pulling out of the driveway already. He said the depiction on site today was not the actual location of the sign. Utz felt that the sign won't be seen from northbound traffic until they are past all the equipment set out at the Rental business, and will further obstruct visibility for those trying to exit the Library onto Central Avenue. He said he was 100% opposed to the sign on the south side of the driveway. He agrees they need signage but not where it is proposed. Utz also said if the City is going to keep giving variances for City owned property, then they should change the Ordinance for other businesses as well. 32 Planning Commission Minutes Page 7 May 1, 2018 Kevin Hansen said the sign and trailer that was on site was so members could visualize the size, not the actual location. He said that it needed to be reversed for actual placement. Hansen explained that the only part of the sign that requires a variance is the base, and the base is set back from the sidewalk a few feet. He said the LED portion meets the setback. He said the height of the base was chosen keeping in mind the height of a driver in a passenger car so they can see over it. The sidewalk along Central is 10 feet wide and cars must move slowly to cross it to exit into northbound traffic, so he didn't feel it would interfere as exiting traffic is already yielding. Hansen said the trucks and equipment have always been parked out front of the business, but the Library Board and staff feel the location of the sign on the south side will be most visible to traffic going north or south. Hansen showed members the property line for the Rental business as well as the access easement they have along the north side of the business that is actually Library property, but they are allowed to use. K. T. Jacobs from 4104 Monroe St thinks the sign will bother residents in the apartment building across the street. She also felt that the sign would obstruct vision for drivers who may not see children that may be on the sidewalk. She understands that the Library Board doesn't want the sign on the north side, but they have drapes and blinds on the windows to block it out should the brightness bother them. The City and the Library should be setting an example, not a dangerous precedent. Szurek asked why the south side location was set in stone. She agreed there could be visibility issues. Hoium and Novitsky also agreed. Hansen told members that if the sign were located on the north side of the driveway it would be up against a retaining wall and too close to the building so that it would not be visible for southbound traffic. And he said even with the window coverings, it would probably still be visible and distracting in the meeting room. Novitsky recommends the sign be located on the north side of the driveway. Hansen said it would have to go back to the Library Board and would have to be re- designed again due to the wall. Hoium asked if residents of the apartments were notified since no one was present to comment on this sign. Holmbeck said a notice is published in the Focus Newspaper, is available on Cable, on our website, and on our bulletin boards, as well as notices being mailed to owners within 350 feet. It is up to the owners of rental property to notify their residents. Kaiser asked if the Rental business was redeveloped and the new building is located closer to the street, what would happen to the sign then. Hansen said the new building could be matched with the same setbacks as the Library as part of the Site Plan process, and it would have an impact on the sign, but he thought it would still be visible at the proposed location. 33 Planning Commission Page 8 May 1, 2018 Hoium asked if this is the only sign designating the building as a Library. Hansen said there is lettering on the south side of the building, but this sign is needed to further identify it. Motion by Szurek, seconded by Hoium to close the Public Hearing. All ayes. MOTION PASSED. Motion by Hoium, seconded by Kaiser, to waive the reading of Resolution No. 2018 -26, there being ample copies to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Kaiser, to recommend that the City Council approve Resolution No. 2018 -26, approving the Conditional Use Permit for the property located at 3939 Central Ave NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance, including: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 34 Planning Commission Minutes Page 9 May 1, 2018 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 9. The area around the base of the sign shall be landscaped. All ayes - MOTION PASSED. Motion by Hoium, seconded by Kaiser, that the Planning Commission recommends the City Council approve Resolution 2018 -27, approving the Variances for the property located at 3939 Central Avenue NE. as follows: 1. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to exceed fifty (50) square feet, by twenty four and two tenths (24.2) square feet, for a total surface area of seventy four and two tenths (74.2) square feet. 2. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to be located four (4) feet off of the required five (5) feet to a distance of one (1) foot from the edge of the monument sign to the front (west) property line. Roll Call: Sahnow, Hoium, Kasiser, and Szurek —aye Novitsky —nay MOTION PASSED. The following Resolutions will go to the City Council at the May 14th meeting. RESOLUTION NO. 2018 -26 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DYNAMIC LED MONUMENT SIGN FOR THE COLUMBIA HEIGHTS MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2018 -0501) has been submitted by the City of Columbia Heights to the City Council requesting a Conditional Use Permit at the following site: ADDRESS: 3939 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (13)(12)(c)(d), to allow for a dynamic LED Monument Sign to be located in the CB, Central Business District on the property located at 3939 Central Ave NE. 35 Planning Commission Minutes Page 10 May 1, 2018 WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on May 1St, 2018; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights adopts the following findings of the Planning Commission: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance, including: CONDITIONS 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the P0, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 36 Planning Commission Minutes Page 11 May 1, 2018 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 9. The area around the base of the sign shall be landscaped. 37 Planning Commission Minutes Page 12 May 1, 2018 RESOLUTION NO. 2018 -27 A RESOLUTION APPROVING VARIANCES FOR A MONUMENT SIGN FOR THE COLUMBIA HEIGHTS MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2018 -0501) has been submitted by the City of Columbia Heights to the City Council requesting a Variance at the following site: ADDRESS: 3939 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: 1. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to exceed fifty (50) square feet, by twenty four and two tenths (24.2) square feet, for a total surface area of seventy four and two tenths (74.2) square feet. 2. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to be located four (4) feet off of the required five (5) feet to a distance of one (1) foot from the edge of the monument sign to the front (west) property line. WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on May 1, 2018; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a variance. They are as follows: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 38 Planning Commission Minutes Page 13 May 1, 2018 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the City and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the variance. OTHER BUSINESS A. Proposed Text Amendments to the Zoning Code Holmbeck explained that she will be bringing proposed text amendments to the Zoning Code before the Planning Commission at the June meeting. At the City Council's request language is being changed to the Limited Business classification to remove Institutional (K -12 schools) and Religious facilities as permitted uses in this district. The meeting was adjourned at 7:12 pm. Respectfully submitted, Shelley Hanson Secretary 39 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARINGS ITEM NO. 7C MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Public Hearing to Consider Revocation of Rental Licenses for 4625 and 4633 Tyler Street NE DEPARTMENT: Police Department CITY MANAGER'S APPR VAL: BY /DATE: Chief Austin /06 -06 -2018 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? #2: Economic Strength SHORT TERM GOAL (IF APPLICABLE): Choose an item. Additional Goal? Choose an item. BACKGROUND: The Police Department had requested a public hearing be continued to this Council meeting to consider the revocation of the rental licenses at 4625 and 4633 Tyler Street NE due to issues at those locations. Since that time, the owner Bradley Schumacher, has continued to make progress in correcting violations at these buildings. STAFF RECOMMENDATION: The property owner at 4625 and 4633 Tyler Street NE, Mr. Schumacher, has moved forward to comply with some of the violations that have occurred on those properties; which were leading to the recommendation to revoke the rental license. The property owner has now contracted with a professional property management company to reduce the number of calls for service to avoid future violations of the Property Maintenance Code. The Police Department has been advised the properties have also been listed for sale and are being actively marketed. The owner has been advised that the Police Department will recommend to table to revocation hearing until the August 13th council meeting to allow Mr. Schumacher time to remedy the violations. During that time, the police department will continue to monitor police calls for service on those properties to determine if they are within reasonable limits compared to other rental properties of similar size in the city. If issues arise between now and then that the Police Department feels require the revocation hearing to be expedited, we will be in contact with the Council and a new revocation hearing date will be scheduled. The Police Department's recommendation is to continue this hearing until the August 13th council meeting. RECOMMENDED MOTION(S): Motion to table the public hearing to consider the revocation of rental licenses at 4625 and 4633 Tyler Street NE until the City Council meeting of August 13th, 2018. ATTACHMENTS: none 40 0 CH COLUMBIA HEIGHTS AGENDA SECTION V CONSENT ITEM NO. 7D MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approval of Out of State Conference Attendance DEPARTMENT: Administration CITY MANAGER'S APPROVAL: BY /DATE: Katie Bruno / June 6, 2018 7 CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The City of Columbia Heights adopted an Elected Officials Out -of -State Travel Policy on November 14, 2005. Councilmember Buesgens has requested authorization for expenses to attend the Growing Sustainable Communities Conference October 2 -3, 2018 in Dubuque, Iowa. Estimated costs as required are: Registration $145 Housing $350 Mileage 285 Total $780 RECOMMENDED MOTION: Move to approve attendance of Councilmember Buesgens at the 11th Annual Growing Sustainable Communities Conference October 2 -3 2018, as budgeted monies are available, and to authorize payment in advance for registration and lodging and provide reimbursement for mileage. Attachments: City of Columbia Heights Elected Officials Out of State Travel Policy Ell CITY OF COLUMBIA HEIGHTS ELECTED OFFICIALS OUT -OF -STATE TRAVEL POLICY The City of Columbia Heights recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events, and other assignments. This policy sets forth the conditions under which out -of -state travel will be reimbursed by the City. General Guidelines The event, workshop, conference, or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out -of -state travel request, the Council will consider the following: • Whether the elected official will be receiving training on issues relevant to the city or to his or her role as the Mayor or as a council member. • Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at or under consideration by the City, where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full council. Whether the elected official has been specifically assigned by the Council to testify on behalf of the city at the United States Congress or to otherwise meet with federal officials on behalf of the city. • Whether the city has sufficient funding available in the budget to pay for the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The city may make payments in advance for airfare, lodging, and registration if specifically approved by the council. Otherwise, all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the city's policy for out -of -state travel by city employees. DATE OF ADOPTION: November 14, 2005 42 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM:' Approve Agreement re Anoka - Hennepin Narcotics and Violent Crimes Task Force DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Chief Lenny Austin /06 -06 -2018 BY /DATE: % CITY STRATEGY: #1; Safe Community Additional Strategy? c-01-se an SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? BACKGROUND: The City of Columbia Heights is currently a party to a Joint and Cooperative Agreement for the Formation and Administration of the Anoka - Hennepin Narcotics and Violent Crimes Task Force. That agreement has been updated, and the Anoka County Sheriff's Office is requesting that the City of Columbia Heights sign this version. New to this agreement is a Strategic Enforcement Plan, which outlines the strategies and objectives for the Task Force for 2018. The Columbia Heights Police Department has an officer assigned to the Task Force, and we find this partnership to be an effective part of our strategy for fighting crime, hotspots and disorder. STAFF RECOMMENDATION: The agreement has been reviewed by City Attorney Hoeft, who recommends that this be presented to City Council for their approval. RECOMMENDED MOTION(S): MOTION: Move to authorize the Mayor, City Manager and Police Chief to enter into a Joint and Cooperative Agreement for the Formation and Administration of the Anoka - Hennepin Narcotics and Violent Crimes Task Force. ATTACHMENTS: Joint and Cooperative Agreement for the Formation and Administration of the Anoka - Hennepin Narcotics and Violent Crimes Task Force 43 JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKA- HENNEPIN NARCOTICS AND VIOLENT CRIMES TASK FORCE I. PARTIES The parties to this agreement are political subdivisions of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section § 471.59, as amended. II. PROBLEM AND PURPOSE The parties hereto find that drug abuse and related violent criminal activities have increased significantly within and between their communities in recent years. As communities located on or near the northern borders of Minneapolis and St. Paul, a significant amount of drug traffic, violent crime, and organized criminal gang activity has emerged and migrated into their communities. Linked by the 610, 694, and 169 bridges over the Mississippi River, the communities share common borders with easy access which has provided a conduit for drug traffickers and criminal elements to utilize. The nature of drug law enforcement, violent crime, and the criminal enterprise associated with them does not adhere to jurisdictional boundaries. In addition, the individual parties hereto face the difficulty of limited resources and ever - increasing demands for service which make effective organized drug enforcement difficult on an individual basis. The general purpose of this agreement is to provide coordination and joint enforcement efforts within the jurisdictional boundaries of the parties of controlled substance crimes as defined in federal, state, and local statutes, as well as related violent crime and the criminal enterprise associated with them. 44 III. NAME This joint enforcement project shall be known as the Anoka - Hennepin Narcotics and Violent Crimes Task Force. IV. MEMBERSHIP The parties to this agreement shall be the Cities of Anoka, Blaine, Champlin, Columbia Heights, Coon Rapids, Fridley, Maple Grove, Ramsey, and Rogers, and the County of Anoka (herein collectively referred to as "the parties "). V. ADMINISTRATION A Task Force Advisory Board is formed consisting of the Chiefs of Police and Sheriff, or his or her designee, from each party. The Task Force Commander and supervisors will serve in an advisory capacity and shall have responsibility for administration of the Task Force. A prosecuting attorney from Anoka or Hennepin County will act in an advisory capacity to the Board. The Anoka County Sheriffs Office will be the coordinating law enforcement agency and provide the day -to -day administration of the Task Force through the assignment of the Investigative Lieutenant, serving as the Task Force Commander. The Commander will be assisted by a Sergeant assigned to the Task Force by any of the participating Police Departments and a Detective Team Leader assigned to the Task Force by the Anoka County Sheriff s Office. The Task Force Advisory Board members, which have voting authority, will be the Chiefs of Police and the Sheriff, or his or her designee, from each party. The votes 2 45 shall be weighed based on the number of officers assigned to the Task Force, capped at two votes per agency. In any issue requiring a vote of the Advisory Board, a quorum of six voting members, representing six agencies, must be present to vote. In order for a motion to pass, a majority of votes must be cast. The Advisory Board shall elect a chair to conduct board meetings and serve as liaison between the parties, the Commander, and the Board. VI. OPERATION Section 1. Composition The Task Force shall consist of full -time peace officers POST licensed to practice law enforcement as defined in Minnesota Statutes, Chapter 626. One of the assigned officers shall hold the rank of Sergeant. The assigned Sergeant may come from any member agency. The minimum number of licensed peace officers each member may assign to the Task Force is one (1). Each officer will remain an employee of the party assigning the officer to the Task Force. The Advisory Board may approve a change in the composition of the Task Force upon the request of any party. Members will inform the Board of their staffing commitment in a timely manner as to allow for overall planning by the Task Force Commander. No party may be required to assign additional officers to the Task Force without the consent of the affected party. Section 2. Chain of Command 3 46 Adviso Board: The Advisory Board shall be responsible for the overall management and budget of the Task Force as set forth in section V. of the agreement Executive Committee: The Board will establish an Executive Committee whose purpose is to conduct research and gather information to advise the Board, and carry out any other responsibilities or duties as described within this Joint Powers Agreement. The Executive Committee shall consist of the Advisory Board Chair, Advisory Board Vice- Chair and the Task Force Commander. During the first Board meeting of 2017 the Board shall elect from its members both an Advisory Board Chair and Vice - Chair. The term of each position shall be one year, The Vice -Chair will assume a Board Chair vacancy by automatic succession. After 2017, the Board will only need to fill a Vice -Chair vacancy at the first meeting of each year. Advisory .Board Chair: The Advisory Board Chair shall be responsible for conducting business meetings, documenting meeting minutes and facilitating communication with members of the Advisory Board and the Task Force Commander. Advisory_ Board Vice- Chair: The Advisory Board Vice -Chair will fill in for the Board Chair during absences. Commander /Lieutenant: The Task Force Commander shall be the head of the Task Force and will also serve on the Executive Committee. The Criminal Investigation Lieutenant of the Anoka County Sheriffs Office will act in this capacity at the onset of this agreement. 0 E, fA The Commander shall serve at the pleasure of the Advisory Board and may be removed by a majority vote of the Board. The Commander reports directly to the Advisory Board. The Commander will make the day -to -day operational and administrative decisions of the Task Force. Sergcantl'I'eam Leader: One Sergeant shall be assigned to the Task Force by one of the member agencies. One Team Leader shall be assigned to the Task Force by the Anoka County Sheriff's Office. The Sergeant and Team Leader operate at the direction of the Task Force Commander. They are responsible for the direct supervision of officers assigned to the Task Force by the parties. Officers: Officers assigned to the Task Force operate at the direction and under the supervision of the Task Force Commander and Supervisors while assigned. Clerical: The Task Force may hire clerical support for the Task Force from the grant budget. The County of Anoka agrees to act as the employer of the person hired. Section 3. Equipment Equipment purchased by the Task Force during the grant period for Task Force usage shall be divided amongst the parties by the Advisory Board at the end of the grant period if this agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, all equipment owned by the Task Force will be distributed between the parties as decided by the Advisory Board. Parties are expected to also utilize their own equipment such as body transmitters and surveillance vans on an as- needed basis. All equipment 5 48 brought into Task Force use by an agency will remain the property of the agency supplying said equipment. Section 4. Facilities Each Task force member will work out of a centrally located office furnished and maintained by the Task Force as provided in the annual grant budget. Section 5. Policy and Procedure Operational policy and procedure may be developed for the Task Force based on an examination of operational goals and administrative need. These policies and procedures will be proposed to the Advisory Board by supervisory staff who will conduct ongoing evaluations of Task Force operations and need. Policies and procedures will be implemented at the direction of the Advisory Board. Section 6. Purchase of Evidence /Information The purchase of evidence and information shall be done in a manner consistent with the approved policy and procedures. Section 7. Supplies Office supplies will be provided by the Task Force under the grant annual budget. Any supplies not itemized in the grant annual budget will be provided by that officer's employment agency. Section 8. Sworn Personnel Each party is providing licensed peace officers under the conditions outlined herein. Wages and benefits for these officers will be the primary responsibility of the ON 49 officer's employing agency during the grant period. Wage and benefit reimbursement, to include overtime costs, may be reimbursed through the grant as approved by the Advisory Board. An officer assigned to the Task Force by a party may be removed from the Task Force by the appointment party or through a majority vote of the Advisory Board. The party shall then appoint a suitable replacement for the removed officer. Peace officers assigned to the Task Force shall be equipped by their employment parties with appropriate police credentials and suitable firearms. The employment party will be responsible for providing any POST required training to their officers assigned to the Task Force. The Commander may direct additional, specialized training to be paid through the grant budget. Section 9. Vehicles The Task Force shall lease up to one vehicle for each officer assigned to the Task Force. Each party will be responsible for fuel, insurance, and maintenance costs incurred by the vehicle(s) leased for the officer(s) assigned by that party. Larger unforeseen repair costs may be presented to the Advisory Board for approval to use Task Force forfeiture funds for the repair. Upon termination of this agreement, the vehicles will either be absorbed by the parties agreeing to assume leasing obligations or returned to the leasing agency. Vehicles owned by a party and utilized by the Task Force will remain the responsibility of the party, as will costs incurred for the vehicle's use and maintenance. 7 50 VII. TASKS Section 1. The primary function and responsibility of the Task Force is to detect, investigate, gather evidence, and apprehend drug traffickers, as well as assist in violent crimes and gang related investigations, within the geographic area of the parties. As a result of the nature of covert undercover operations, it is anticipated that undercover operatives may detect or become aware of other crimes, including drug crimes, occurring both within and outside the geographical boundaries of member agencies. The Task Force will pursue other avenues of investigation only upon recommendation of the Task Force Commander and by permission of the Chief of Police or Sheriff of the particular party involved. In addition, the Task Force may be used by any of the parties for other investigative purposes under exigent circumstances or in a capacity wherein the nature of the investigation being undertaken requires undercover officers. Section 2. It is the mission priority of this unit to investigate drug wholesalers (those individuals who bring drugs into the Task Force area), street -level drug distributors, those persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals who attempt to acquire pharmaceutical drugs in violation of the provisions of Minnesota Statutes, Chapter 152. Section 3. A function of the Task Force will be to gather and to disseminate controlled substance intelligence information. The Task Force will maintain an ongoing intelligence 51 filing system. The Task Force will attempt to investigate those leads, maintain on file that information, and upon request disseminate that information to the parties hereto. Section 4. With permission of the Task Force Commander, the Task Force will provide training to member parties requesting that service. Requests for community drug education and drug awareness will be provided only upon permission of the Task Force Commander and the department of that particular party. Section 5. Public announcements concerning the function of the Task Force will be made only by permission of the Advisory Board in conjunction with the parties to this agreement and by approval of the Chief of Police or Sheriff of the party in which that release is to be made. Section 6. Public announcements concerning arrests or investigations conducted by the Task Force will be made by the Task Force Commander or the Chief of Police or Sheriff of that party, or his or her designee, where that arrest was made, and upon approval of the Task Force Commander. News releases concerning the Task Force's function, investigations, and/or arrests will not be made by any Task Force officer unless specifically requested by the Task Force Commander or the Chief of Police or Sheriff with permission of the Task Force Commander or the Advisory Board. VIII. FINANCIAL MATTERS Section I. The fiscal year of the Task Force shall be the calendar year. 7 52 Section 2. The Finance Department of Anoka County will be responsible for the administration of all funds coming under the direct supervision of the Task Force, whether federal grant funds or contributions of the parties. Section 3. The Task Force Advisory Board shall direct the Commander to prepare an annual grant application, including proposed budget, which will be presented to the parties on or before the application deadline set by the Office of Justice Programs, Minnesota Department of Public Safety. The Task Force Commander shall submit the approved grant application and budget to the Office of Justice Programs by the deadline established by the Office of Justice Programs. Section 4. Funding shall be in the form of a matching grant from the federal government. The contributions of the parties shall be at least 25% of the total budget established for the current year. An individual party's financial contribution shall be proportioned to the number of officers committed to the Task Force as shown in the grant application budget. The matching funds will be submitted to the Finance Department of Anoka County by the parties at the beginning of the grant period. Any unused match funds will be returned at the end of the grant period in a manner determined by the Advisory Board. Payment of any outstanding financial obligations shall be made in a manner determined by the Advisory Board. Section S. Any assets seized by the Task Force and awarded to the Task Force through administrative or judicial proceedings shall be distributed to the parties on a periodic basis as determined by the Board. The formula for distribution of these assets shall be 10 53 proportioned based on the number of officers assigned for each participating agency. The Task Force Commander will be responsible for the distribution of funds or assets seized or forfeited by the Task Force. Section 6. The Commander, upon direction and approval of the Advisory Board, is authorized to sign and enter into contracts on behalf of the Task Force as may be necessary. Section 7. The Commander has authority to make purchases, payments, and expenditures, outside of yearly budgeted expenses, of up to $1,000 without approval of the Advisory Board. The Executive Committee has the authority to make purchases, payments, and expenditures up to $5,000 without Advisory Board approval. IX. DEPUTATION Officers assigned to the Task Force, while performing their assigned duties as Task Force officers in a jurisdiction other than their own jurisdiction, shall have the same powers, duties, privileges, and immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the Task Force or by the city or county in which the duty or duties are being performed. Any worker's compensation claims or work related injury that may occur as a result of working with the Task Force shall be the sole responsibility of the officer's home jurisdiction. Further, the authority granted hereunder extends only so far as may be necessary to complete the duties assigned to the officers and terminates at the expiration of this agreement and any extension thereof 11 54 X. INSURANCE The Task Force shall purchase insurance to provide liability and property damage coverage in the amount determined by the Advisory Board. In no event will the insurance coverage be less than the League of Minnesota Cities Insurance Trust standard liability coverage. The insurance shall provide coverage for all authorized Task Force operations by Task Force members. XI. DURATION Section 1. This agreement for Task Force operations shall be in effect from notwithstanding the dates of signature by the parties, and shall continue in effect until terminated in accordance with the provisions herein. As of March 1, 2018, this agreement replaces the previous Joint Powers agreement between the parties, which began September 1, 2017. Section 2. Any party may withdraw from this agreement on December 31 of any year by declaring its intention to withdraw in writing and providing the written notice, delivered by mail or in person, to each of the other parties on or before July I st of that year. Notice by mail shall be deemed received three days after mailing. Withdrawal by a party shall not result in the discharge of any legal liability incurred by such party before the effective date of withdrawal. Section 3. This agreement shall terminate under the following circumstances: 12 55 (1) There are no remaining parties as a result of withdrawal pursuant to this agreement; or (2) All remaining parties mutually agree to terminate this agreement; or (3) This agreement shall terminate automatically when grant funding for Task Force activities is discontinued. XII. CONTRACTS AND PURCHASES Any contracts and purchases made pursuant to this agreement shall be made by the County and shall conform to the requirements applicable to Anoka County. XIII. STRICT ACCOUNTABILITY Pursuant to Minnesota Statute §471.59, a joint powers agreement is to provide for strict accounting of all funds and report of all receipts and disbursements. Any party to this agreement may request a strict accounting at any time. XIV. ENTIRE AGREEMENT This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. 13 56 XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: Donna Schmitt Its: Mayor Walter R. Fehst Its: City Manager us Lenny Austin Its: Chief of Police 18 City of Columbia Heights 57 Strategic Enforcement Plan (SEP) 2018 Anoka - Hennepin Narcotics and Violent Crimes Task Force (AHNVCTF) Strategy 1: Complete administrative tasks of the AHNVCTF. Establish Executive Committee (EC) officers, adopt and implement operating procedures manual, and review and update the JPA (as needed). Objective: Provide guidelines and procedures that govern the operations of the task force that are in compliance with state guidelines, and that allows for the continual adaptation to increasing complexity and change in drug and violent crime. Action ResPartY sible Process Target Date - I Elect Vice Chair Board Review nominations and vote February 8, 2018 on positions. One year terms with automatic succession. Establish 2018 Executive Advisory Board Recognize that the Executive February 8, 2018 Committee (EC) Chair Committee for 2018 is established. Review VCCC annual report EC The Violent Crime The EC will meet and recommend updates for Coordinating Council (VCCC) and present AHNVCTF Policy and produces an annual report to findings to the Procedures manual include policy Board at May 3, recommendations and 2018 meeting. mandates. Adopt policy and procedure Board Consider EC May 3, 2018 manual. recommendations for Policy Manual update. Solicit Nominations for 2019 EC EC to solicit Nominations for August 2, 2018 Vice Chair 2019 Vice Chair. Elect 2019 Vice Chair Board Review nominations and vote November 1, 2018 I on position. One year term with automatic succession. January 24, 2018 58 Strategy 2: Understanding that the AHDVCTF has unique capabilities to respond to violent crime and life- safety issues, the Board will provide guidance on priorities utilizing a priority matrix to prepare the SEP_ 1. 1 2. Urgent/ Important/ Important Not Urgent Objective: The prioritization matrix prioritizes violent crime, violent offenders, patterns of violent crime, and areas that are experiencing violent crime and life- safety issues. 3. 4. Action Gather ideas for SEP consideration Adopt SEP for 2019 Urgent/ Not Important/ Not Important I Not Urgent Responsible Process Target Date Party EC The EC will solicit member agencies and task force investigators for ideas to consider for the 2019 SEP. Ideas will be presented to the Board. Priorities to align with the VCCC Framework. I The EC will meet and present findings to the Board at the May 3, 2ni a meeting_ Board The Board will consider August 2 ideas for amending the 2019 SEP and will adopt a SEP using prioritization matrix. January 24, 2018 59 Strategy 3: Understanding that the member communities and agencies have limited resources to combat narcotics, violent crime, and gang activity, the AHDVCTF will focus on member communities and areas within its jurisdiction for investigations and enforcement actions. Objective: Adopt a policy that emphasizes the use of the AHDVCTF within its own jurisdiction, while understanding that investigations tied to its jurisdiction will sometimes lead to locations outside of the member agencies coverage area. Action Responsible Party i Develop a standard or matrix Board that emphasizes the need for activity based in member communities and sets targets for the use of the units resources Process Target Date Strategies shall be prioritized to Annually in July address concerns of member jurisdictions. Utilize the matrix for investigations outside of the AHDVCTF jurisdiction. Collaborate and coordinate Task Force Continue and enhance with other task forces in Commander collaboration /communication neighboring areas between agencies. Discuss benchmarks for collaboration as to when information or cases should be passed along to another jurisdiction. Ongoing January 24, 2018 60 Strategy 4: Involve community partners in policing efforts in order to provide successful communication of information, problem solving and education. Objective: Develop a plan that emphasizes the need for community partnership and support, public education, and community action to prevent drug use instead of just focusing on enforcement against offenders. Action Responsible Party i Coordinate consistent Task Force message on drug trends and Commander issues in our coverage area with an emphasis on prevention and treating drug use as a community issue. Educate citizens January 24, 2018 Process i Target Date 1 Ensure Task Force members Ongoing use presentations consistent with the messaging of the AHNVCTF. Task Force reporting should: o Detail national and regional trends o Provide information on resources o Prepare law enforcement sensitive and public versions of report. TF members Engage youth and community groups for discussions related to drug trends, overdose risk and use. Performance measures recorded in quarterly and annual reports. Ongoing 61 Strategy 5: Accountability. Assure Task Force accountability to keep the unit and its officers functioning properly and focused on its stated mission, values, goals and objectives. Objective: Develop a series of objectives and goals with measurable outcomes to provide a balanced view of unit performance. Action Quarterly review Responsible Party Advisory Board Chair Process Target Date Review of unit performance Quarterly which tracks progress towards Strategic Plan, as well as by outputs (arrests, warrants, etc.). Analysis of objectives and goals for applicability and potential modification due to complexity and change in l drug and violent crime. Monitor Overdose data in TF Commander OD data and trends should Quarterly member jurisdictions be gathered and reported to the board for discussion. i January 24, 2018 62 Strategy 6: Training and Equipment. Ensure that Task Force officers are sufficiently trained and properly equipped to be able to accomplish assigned tasks at a high level. Objective: Develop a standardized training plan with an emphasis on high quality training for related tasks, and a review of equipment needs for Task Force personnel. I Action Develop a standardized training plan for Task Force officers Review legislative updates and apply to practices Responsible Process Target Date Party Task Force Task Force Commander shall Annual review Commander assess and document Task Force specific training of each member. Each Task Force member will receive job related standardized training. Task Force While the EC reviews and As needed Commander updates the manual, Legislative mandates will be implemented and reported to the Board in a timely way. Assess current and future Task Force Annual audit of assigned Annual review equipment needs. Commander equipment and review for upgrades. TF Supervisors I Review operational safety Task Force Commander TF Supervisors Emphasis on equipment that provides for safety and advanced investigative capabilities. Operational safety is Ongoing paramount. Review and adjustment in tactics and procedures shall be ongoing and clearly communicated with members. —� January 24, 2018 63 0 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM ITEM NO. 7F MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Amendment Consideration of the Fiscal Year 2018 Contributions Fund Budget DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Joe Hogeboom, June 1, 2018 BY /DATE: CITY STRATEGY: #5: Diverse, Welcoming "Small- Town" Feel Additional Strategy? #4: Opportunities for Play and Learning SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? #7 Develop and Implement Strategies to Support Volunteerism Within the Community BACKGROUND: The City has been using undesignated dollars in the "Contributions Fund 883" account to supplement costs for city merchandise and promotional giveaway items and certain expenses related to the community picnic. There is currently a balance of approximately $4,800 within Fund 883. Staff anticipates using these undesignated funds for the next couple of years to cover costs associated with community - building events and material. Certain revenue will continue to be generated into this account when City merchandise is sold. However, it is expected that these funds will be depleted by 2020. Throughout the next year, staff will research alternative funding mechanisms to ensure that we continue to offer the same level of community- oriented services and programs. STAFF RECOMMENDATION: Staff recommends approval of Resolution 2018 -34, amending the Fiscal Year 2018 Contributions Budget. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2018 -34, there being ample copies available to the public. Motion: Move to approve Resolution 2018 -34, a resolution authorizing an amendment to the Fiscal Year 2018 Contributions Fund budget. ATTACHMENTS: 1. Resolution 2018 -34 (1 Page) 64 RESOLUTION NO. 2018 -34 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2018 CONTRIBUTIONS FUND BUDGET. BE IT RESOLVED, by the City Council (the "Council') for the City of Columbia Heights (the "City ") as follows: WHEREAS, the City Council approved Resolution 2017 -130, a resolution which subsequently adopted the initial Fiscal Year 2018 City Operating budget; and WHEREAS, certain additional revenues and expenditures have been identified in the Contributions Fund Budget; and WHEREAS, the General and Other category of the Contributions Fund has been identified to be used for various community event activities and City merchandise purchases and sales. NOW, THEREFORE, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the Fiscal Year 2018 Contributions Fund budget 883 is amended to increase expenditures in the amount of $4,800.00. Passed this 11th day of June, 2018 Offered by: Seconded by: Roll Call: F. Attest Katie Bruno, City Clerk /Council Secretary G-R 0 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE PERMITS FOR THE 2018 JAMBOREE DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen /June 11, 2018 BY /DATE: CITY STRATEGY: #5: Diverse, Welcoming "Small- Town" Feel Additional Strategy? #8: Engaged, Multi- Generational Population SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The City of Columbia Heights Jamboree will be held from June 20 through June 24 this year. The carnival, operated by Family Fun Shows, Inc., usually arrives a day or two before the jamboree to set up, which will require the closing of Jefferson Street on Tuesday afternoon, June 19. Staff is requesting permission to close Huset Parkway from the alleyway on the north end of Huset Park to the south roundabout. Other arrangements are made with various City departments, including the license application, payment of necessary license fees and permits, and that the required damage deposits are submitted. The annual Jamboree Parade will be held on Friday, June 22, 2018, beginning at 6:00 p.m. The parade route will begin on Central Avenue at 45th Avenue to 40th Avenue; west on 40th Avenue to 5th Street and 5th Street to Mill Street. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. Staff is also requesting to waive the Fire Department permit fees for firework displays in the amount of $50.00. RECOMMENDED MOTION(S): Move to authorize staff to close Huset Parkway from 39th to 401h Avenues for the time period from Tuesday afternoon, June 19, through Sunday, June 24, 2018. Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2018 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. Move to authorize fireworks at dusk on Saturday, June 23, 2018 and to waive the Fire Department fireworks display permit fee. m AGENDA SECTION CONSENT ITEM CH COLUMBIA ITEM NO. 7H HEIGHTS MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approval Consideration of Resolution No. 2018 -35, a Resolution Amending the Fiscal Year 2018 Special Projects Fund Budget; and Authorization for Condition Assessments on the Parking Ramps DEPARTMENT: Community Development CITY MANAGER'S AP PROVAL: , BY /DATE: Keith Dahl, June 5, 2018 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? #7: Strong Infastructure /Public Services SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The City of Columbia Heights owns two municipal parking ramps located at 950 40th Avenue NE and 4011 Van Buren Street NE (collectively referred to as "Parking Ramps "). In order for the City to maintain acceptable levels of serviceability and safety in the Parking Ramps, maintenance should be performed annually, but also condition assessments should be conducted every 10 to 15 years. The last time the City had a complete condition assessment conducted was approximately 13 years ago. Staff contacted and requested Kimley -Horn & Associates, SRF Consulting Group, and Short Elliot Hendrickson (SEH) to submit proposals for professional services with respect to a complete condition assessment of the Parking Ramps. Staff received proposals from Kimley -Horn & Associates and SRF Consulting Group, and evaluated both proposals based on cost, experience, and services received. SEH declined to provide a proposal citing their current workload. Staff concluded that the professional service proposal submitted by Kimley -Horn & Associates was the most comprehensive based on the desired requirements of the condition assessment and the evaluation factors referenced above. Attached is the professional service proposal submitted by Kimley -Horn & Associates for further review and approval consideration. It should be noted that expenditures in connection to the condition assessment of the Parking Ramps were not budgeted for in 2017 when the initial Fiscal Year 2018 Special Projects Fund budget was approved. However, the Special Projects Fund will realize additional revenues later this year in the approximate amount of $38,000 for the issuance of Tax Exempt Bonds on the behalf of Love To Grow On. Therefore, the increased expenditures will be counter balanced by the increased revenues realized in the Special Projects Fund budget for 2018. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2018 -35 and acceptance of the proposal submitted by Kimley- Horn & Associates for professional services in connection to the inspection of both city -owned parking ramps located in the Central Business District. 67 City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2018 -35, there being ample copies available to the public. Motion: Move to approve Resolution No. 2018 -35, a resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing an amendment to the Fiscal Year 2018 Special Projects Fund budget. Motion: Move to accept the proposal from Kimley -Horn & Associates in the amount of $15,400 for professional services in connection to the inspection of both Municipal parking ramps located in the Central Business District, and authorize the City Manager to take all actions necessary to perform the City's obligations under the Professional Service Agreement as a whole, including without limitation to execution of any documents to which the City is a party referenced in or attached to the Professional Service Agreement. ATTACHMENT(S): 1. Resolution 2018 -35 (1 Page) 2. Kimley -Horn & Associates Proposal (7 Pages) 68 RESOLUTION NO. 2018 -35 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2018 SPECIAL PROJECTS FUND BUDGET. BE IT RESOLVED, by the City Council (the "Council ") for the City of Columbia Heights (the "City') as follows: WHEREAS, the City Council approved Resolution 2017 -130, a resolution which subsequently adopted the initial Fiscal Year 2018 Special Projects Fund budget; and WHEREAS, certain revenues and expenditures of the Special Projects Fund budget will exceed the amount initially adopted; and WHEREAS, it is necessary to increase the Special Projects Fund budget to reflect the additional activity not originally anticipated for prior to the approval of Resolution 2017 -130; and NOW, THEREFORE, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the Fiscal Year 2018 Special Projects Fund budget 226.46317 is amended to increase revenues in the amount of $20,000.00 and increase expenditures in the amount of $20,000. Passed this day of Offered by: Seconded by: Roll Call: Attest Katie Bruno, City Clerk /Council Secretary 69 Kimley »>i -9orn May 23, 2018 Kevin Hansen Public Works Director / City Engineer City of Columbia Heights 637 381h Avenue NE Columbia Heights, MN 55421 Re: Professional Services Agreement — Columbia Heights Parking Ramp Condition Assessments Dear Mr. Hansen; Kimley -Horn and Associates, Inc, ( "Kimley- Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement ") to the City of Columbia Heights ( "Client" or "City ") for providing a parking ramp condition assessment report for two City -owned parking ramps, including recommendations for a five -year maintenance program. Project Understanding Kimley -Horn understands that the City of Columbia Heights owns and operates two multi - level, cast -in- place concrete parking ramps built in the early 1980's. One ramp is located between 40th Ave. NE and Gould Ave. NE adjacent to Central Ave. NE, and the second ramp is located along Van Buren St. NE between 4181 Ave. NE and 401h Av. NE in Columbia Heights. The two parking ramps are similar in layout and construction. The City requests an assessment of each parking ramp to review the general conditions, understand the extent of existing deterioration, and determine the repair work necessary to bring the two parking ramps from their existing conditions to a good condition. Following the assessment, the Consultant will develop a five -year maintenance program for the parking ramps that will be used for budgeting in the Capital Improvement Plan (CIP). Scope of Services Kimley -Horn will provide the services specifically set forth below. Task 1. Site Visit and Assessment Review representative existing plans of the two ramps provided by the City. Plans are available for one of the parking ramps. Review latest inspection report provided. Conduct one site visit to perform a visual review of the current conditions and identify priority work items for each ramp level. Perform non - destructive testing as deemed necessary by Kimley -Horn, such as chain dragging and sounding. Document conditions, observations, and photos of parking ramps by notating on the existing plans uploaded onto a tablet, such as an !Pad. Review the general condition of the structure including, but not limited to: Areas of deteriorated concrete Condition of waterproofing membrane systems 70 iii le pWorn Page 2 o Condition of expansion joints and joint sealants • Identify well - preforming and deficient items. • Document typical structural systems and structural deficiencies with photographs. • Document condition of existing lighting systems. • Kimley -Horn will coordinate with American Engineering Testing (AET) to perform three chloride ion tests per parking ramp. o A chloride ion test measures the potential corrosion of embedded steel reinforcement in the parking deck and provides information for evaluating future parking deck repairs and maintenance. o Kimley -Horn will develop documents to direct AET to specific locations in each parking ramp to perform the chloride Ion testing. o Kimley -Horn will review the chloride ion test results, Task 2: Condition Assessment Report Produce a report that summarizes Kimley- Horn's evaluation of each ramp, chloride ion test results, and repair recommendations. Provide photos documenting typical structural deficiencies. Incorporate City comments on the condition assessment report. Provide copies of final report to the City. Task 3: Five Year Maintenance Program a Prepare five -year maintenance program to include recommended repairs and maintenance in each year for 2019 thru 2023 with opinions of probable costs. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Structural analysis of members determined to be deficient • Preparation of bidding documents • Bid phase support • Construction phase assistance Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the City or the City's representatives. The City shall provide all information requested by Kimley -Horn during the project, including but not limited to the following: V Provide full access to the site to be coordinated with the City Schedule Tasks 1 -3 will be completed by late summer /early fall so budgeting information can be included in the City's Capital Improvement Program. Specific dates for deliverables will be agreed to with the City. 71 Kimley> »Horn Fee and Expenses Kimley -Horn will perform the services in Tasks 1 - 3 for the total lump sum fee below. Task 1 Site Visit and Assessment (includes AET fees) $9,100 Task 2 Condition Assessment Report $4,000 Task 3 Five Year Maintenance Program $2.200 Sub -Total $15,300 Expenses $1.00 Total Lump Sum Fee $15,400 Page 3 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your recelpt of the Invoice and should include the invoice number and Kimley -Horn project number. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley -Horn and Associates, Inc., and "Client" shall refer to the City of Columbia Heights. Kimley -Horn, in an effort to expedite invoices and reduce paper waste, submit invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley -Horn project number with all payments. Please provide the following information: Please email all invoices to Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute a copy of this Agreement in the spaces provided below, and return one copy to us. We will commence services after we have received a fully- executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. 72 Kimle rM r n Very truly yours, KIMLEY -HORN AND ASSOCIATES, INC. I e4-1 — Jerry D. Pertzsch, PE Project Manager City of Columbia Heights A Municipality Jon B. Horn, PE Senior Vice President (Date) (Print or Type Name and Title) (Email Address) Witness (Print or Type Name) Page 4 73 KIMLEY -HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then - current hourly rates plus an amount to cover certain direct expenses including telecommunications, in -house reproduction, postage, supplies, project related computer time, and local mileage. (2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: (a) Designate in writing a person to act as Its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. (c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services, (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. (g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control, If such delay or suspension extends for more than six months, Consultant's compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows: (a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing, If the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project, Any modifications by the Client to any of the Consultant's documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Rev 01118 74 Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern, (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform In accordance with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be paidfor all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultants performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant. (10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully - approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. (12) Certifications. The Consultant shall not be required to execute certifications or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediatorwith respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolatlon, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is ellminated, (15) Construction Phase Services. (a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, Rev 01 /18 75 the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy, (16) No Third -party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant, The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in -house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State where the Project is located. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non - enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Rev 01/16 76 b CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 71 MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE RESOLUTION FOR A JOINT GRANT APPLICATION SUPPORTING THE RECONSTRUCTION OF 37TH AVENUE FROM CENTRAL AVENUE TO STINSON BOULEVARD DEPARTMENT: PUBLIC WORKS CITY MANAGER'S/APPROVAL: BY /DATE: Kevin Hansen /June 6, 2018 BY /DATE: 0, 1 /g- CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: Over the last several years staff has contacted the City of Minneapolis regarding the condition of 37th Avenue. The street is a 45 feet wide concrete section with two way traffic and parking lanes on each side. Traffic counts are 9,000 ADT on the west and 10,100 ADT on the east. In 2016, Columbia Heights partnered with Minneapolis on two grant applications (Regional Solicitation and MnDOT's Freightways) for the reconstruction of 37th Avenue. While we were not successful in those grant rounds, both of the 37th Avenue applications scored high through the review process. We have met again with the Transportation Planning and Public Works of Minneapolis to discuss and improve the next round of grant applications. Our current estimate of the reconstruction cost of this segment of roadway is in the $8 -10 million range, depending on the extent of utility work. Minneapolis is currently midway with the application for Federal Funds under the Regional Solicitation Program (RSP), administered by Metropolitan Council. The RSP application itself is extensive. An overview of the program is attached. The most attractive benefit of the funding is that it will fund up to $7 million for eligible projects. Due to the scope of work required, Minneapolis has indicated they would prefer to act as lead agency for the application. Also, in the last decade, Minneapolis has been successful in 6 of 8 RSP Grant Applications. Applications are due to Metropolitan Council July 13th, and awards are made in January of 2019. Funding.is for projects in years 2022 and 2023. The City of Columbia Heights share is state -aid eligible. Application: Staff is currently working with the City of Minneapolis and their engineer in the development of the application. Attached is a resolution that supports the funding application required under the Regional Solicitation Program (RSP). The resolution also requires that the City be responsible for the maintenance of the improvements and that we are committed to our share for the overall program costs. Federal funding is provided on an 80/20 split —the project's local 20% match would be split 10% to each City. STAFF RECOMMENDATION: Staff recommends approval of Resolution 2018 -37 supporting the submittal of a Regional Solicitation Program Grant for the reconstruction of 37th Avenue from Central Avenue to Stinson Boulevard. 77 City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2018 -37, there being ample copies available to the public. Move to adopt Resolution 2018 -37 in support of the request for Federal STP funds for the 37th Avenue Improvements from Central Avenue to Stinson Boulevard. ATTACHMENT(S): Regional Solicitation Program Grant overview Resolution 2018 -37 78 BACKGROUND AND DETAILS ABOUT l REGIONAL SOLICITATION The Regional Solicitation process enables local communities to apply for federal transportation funds to sup transportation projects. The solicitation is run on a biennial basis; the TAB adjusts the criteria and process F accommodate regional needs. Details about the last few solicitations and how the process has evolved are I Regional Solicitation Evaluation In 2013 -2014, the TAB and Council evaluated the Regional Solicitation funding program and identified the bi principles of the Regional Solicitation and the types of projects eligible for federal transportation funding. Previously, projects were submitted for evaluation for specific funding programs (STP, CMAQ or TE). Most r projects were funded with STP funds (except system management projects which were funded with CMAQ 1 independent bicycle and pedestrian projects were funded through the TE program or through the STP Bikeways/Walkways sub - category. The TAP program differs from the previous Transportation Enhancement in that it combines several federal funding programs, most notably the previous TE and Safe Routes to Schc Finally, all transit projects were funded with CMAQ funds. The evaluation recommended that projects be submitted and evaluated based on mode rather than on funding program, r the need to provide funding for both large and small projects within each category. Modal categories adopted it • Roadways including Multimodal Elements • Bicycle and Pedestrian Facilities e Transit and TDM Projects Reports of the Regional Solicitation Evaluation can be found in the four Technical Memos: • Tech Memo 1 - Process, policies and changes (pdf) • Tech Memo 2 - Results of interviews and survey (pdf) ■ Tech Memo 3 - Policy maker workshop (pdf) • Tech Memo 4 - Recommendations (pdf) Funding opportunities: 10 application categories The Regional Solicitation funds will be awarded to projects selected from these 10 application categories: • Roadway Expansion • Roadway Reconstruction /Modernization & Spot Mobility • Traffic Management Technologies (Roadway System Management) • Bridge Rehabilitation /Replacement • Multiuse Trails & Bicycle Facilities • Pedestrian Facilities • Safe Routes to Schools • Transit Expansion • Travel Demand Management (2020 and 2021 funds) • Transit Modernization 79 Metropolitan Council - metrocouncil.org .ti•1 L -C RO PO L I IAN REGIONAL SOLICITATION Every two years, the Regional Solicitation process allocates federal transportation funds to locally- initiated projects to meet regional transportation needs. As the region's federally- designated Metropolitan Planning Organization, the Council works with the Transportation Advisory Board (TAB) to review and allocate these funds, using an objective, data - driven, transparent process. 2018 Regional Solicitation now open • See Sample Applications in MS Word. • Apply online for the Regional Solicitation Timeline • February 2018 - the Council adopts the 2018 Regional Solicitation. • April 2018 - Workshops for potential applicants. May 2018 - Regional Solicitation opens. July 13, 2018 - Regional Solicitation applications are due by 4 p.m. August - December 2018 - Applications are evaluated, projects are ranked, and staff develop funding options. • January 2019 - TAC recommends projects and TAB approves Questions? General questions about the Regional Solicitation can be directed to Elaine Koutsoukos, TAB Coordinator • email: elaine.koutsoukos @ metc.state.mn.us or • phone: 651 - 602 -1717 Regional Solicitati 80 RESOLUTION NO. 2018 -37 A resolution of the City Council for the City of Columbia Heights, Minnesota, supporting Federal Surface Transportation Program (STP) funding application submittal for 37th Avenue Improvements WHEREAS, the City Council of the City of Columbia Heights is the official governing body; and WHEREAS, the centerline of 37th Avenue from Central Avenue to Stinson Boulevard represents the municipal boundary between the cities of Columbia Heights and Minneapolis; and WHEREAS, the cities of Minneapolis and Columbia Heights jointly desire to reconstruct 37th Avenue from Central Avenue to Stinson Boulevard; and WHEREAS, the improvements are intended to create a safe, efficient, pedestrian friendly, "green ", multimodal compatible roadway; and WHEREAS, the project is consistent with the City of Columbia Height's Comprehensive Pedestrian and Trail Plan; and WHEREAS, the proposed pedestrian improvement on 37th Avenue will provide east- west connectivity of the local pedestrian system; and WHEREAS, the City of Columbia Heights accepts responsibility for an amount equal to or greater than 20 percent (cost is shared with the City of Minneapolis) of the eligible project construction cost, together with the cost for design, administration, right -of -way, and peripheral project costs; and WHEREAS, the City of Columbia Heights is committed to the operation and maintenance of the improvements under the City's jurisdiction for the design life of these improvements; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT 1. The Council adopts this Resolution in support of the request for Federal RSP funds for the 37th Avenue Improvements. 2. That a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission as part of the 37th Avenue Improvements application for Federal Funds under the Regional Solicitation Program (RSP). ORDER OF COUNCIL Passed this 11th day of June, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secreta CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7.1 MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Request Authorization to Expend Funds to send a current CSO to the 2018 Pathways program DEPARTMENT: Police Department CITY MANAGER'S APPROVAL: BY /DATE: Chief Austin /06 -07 -2018 BY /DATE: 7 % CITY STRATEGY: #1; Safe Community Additional Strategy? #5: Diverse, Welcoming "Small- Town" Feel SHORTTERM GOAL (IF APPLICABLE): c' cc -e ar: i _.er . Additional Goal? :* I--o ��e a.� 1 �e7 . BACKGROUND: In the past, the Columbia Heights Police Department has participated in the Hennepin Technical College's Pathways Program, where civilian CHPD Community Service Officers have gone through the Pathways Skills program to receive their skills training to meet the requirements to become a Minnesota police officer. The Pathways program has been an excellent opportunity to continue with the department's mission of workforce diversification as well as finding the best possible police officer candidates. Currently the Police Department has police officer positions open, and a CSO that would be an excellent candidate for the upcoming 2018 Pathways program scheduled to begin October 1 and ending in March of 2019. The cost will be approximately $12,000. This is an unbudgeted expense; however, based on upcoming budget projections the CHPD budget should be able to accommodate this expense. STAFF RECOMMENDATION: It is the recommendation of the Columbia Heights Police Department to move forward with this opportunity and register this current employee for the upcoming 2018 Pathways program. RECOMMENDED MOTION(S): MOTION: Move to approve the expenditure of approximately $12,000 to send one current employee to the 2018 Pathways program. ATTACHMENTS: memo 82 COLUMBIA HEIGHTS POLICE DEPARTMENT MEMORANDUM To: Donna Schmitt, Mayor Columbia Heights City Council From: Lenny Austin, Chief of Police Subject: Police Pre - Service Pathway to Law Enforcement Date: June 4, 2018 As you know, last year, the CHPD participated in the Hennepin Technical College's Pathways Program where we sent two of our part-time CSO's through this Pathways Skills Program to receive their skills training to meet the requirements to become a Minnesota Police Officer. Both of these candidates successfully completed the program and are currently working as CHPD Police Officers. One of the strategic goals of the Columbia Heights Police Department has been to continue to develop ideas that will assist with diversification of the workforce of the Police Department. Having a diverse workforce in a community such as Columbia Heights is crucial because it helps establish trust between law enforcement and the community it serves. The President's Task Force on 2151 Century Policing also recommends workforce diversification as a key component in continuing to build trust and legitimacy within the community. The CHPD leadership has been committed to diversifying the department and because of this the department has had some successes with workforce diversification. However, like most mid -size agencies, the CHPD continues to face significant challenges in this area for a variety of reasons, one of which is that there are fewer people from diverse backgrounds choosing policing as a career. Background: Minnesota's Peace Officer Standards and Training (POST) Board mandated education system in most cases requires interested individuals to complete a `preservice education pathway' (Skills Program) before becoming eligible to be hired by an agency. We have 35 years of experience that shows the current system favors younger, traditional students who are usually white, male, and under 25 years of age. The current preservice education system also disadvantages those who may have completed college degrees but not in POST required disciplines. In total, these challenges significantly narrow the pipeline for non - traditional individuals who are often also representative of diverse communities and would be candidates who could enrich the ranks of Minnesota law enforcement agencies. Current Opportunities: The CHPD has developed the part time CSO program as a type of recruitment tool that has allowed the department to evaluate these part time employees and determine whether or not they would make a quality 83 Columbia Heights Police Officer. This has proven beneficial and the Police Department has developed several of its part time CSO's into Columbia Heights Police Officers. Last year, the CHPD was fortunate enough to send two of its part-time CSO's through the Hennepin Technical College "Pathways Program." At that time, CHPD paid the tuition and fees of the program and sent both of these employees through the program. While attending the program, they continued with their employment with CHPD in their position as CSO. Currently, the CHPD has a part-time, non - traditional CSO who has a Bachelor's Degree in Social Work and would like to enter into a career of law enforcement. This employee appears to be an excellent candidate for the next Pathways Skills Program at Hennepin County Technical College. The next program is scheduled to begin October 1, 2018, with a completion date of March 15, 2018. The program is now longer in time and has grown to 22 weeks. This was based on feedback from last year's participating agencies. The feedback was used to include training in additional areas such as Crisis Intervention Training (CIT), which will result in a better trained candidate who is more prepared to meet the expectations of the departments participating in the program. There are currently two police officer positions open in the CHPD. The police department would like to use this Pathways Program as an opportunity to train our potential candidate and fill one of these vacant positions. Cost: The cost for the 2017 Pathways program was $7,000 per candidate. Due to the longer training program, the cost for this year's program will be approximately $11,000 413,000 per candidate, depending on the number of students in the program. It should be noted that there may be grant funding available to offset some of the tuition costs but at this time it is unclear whether or not it will be available. This is an unbudgeted expense, however since it is our desire to continue with the diversification of the workforce, and because we currently have open police officer positions, I feel as though this opportunity is an effective path towards increasing the diversity of the CHPD workforce. cc: Walt Fehst, City Manager Kelli Bourgeois, Assistant to the City Manager, Human Resources Director Joe Kloiber, Finance Director 84 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7K MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: BY /DATE: June 6, 2018 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? croos� aT � �n . SHORT TERM GOAL (IF APPLICABLE): choose Additional Goal? C-iocse a BACKGROUND: BACKGROUND ANALYSIS Attached is the business license agenda for the June 11, 2018 Council meeting. This agenda consists of applications for 2018 Contractor Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for June 11, 2018 as presented. ATTACHMENTS: 20180611 License Agenda 85 City of Columbia Heights - Council Letter TO CITY COUNCIL June 11, 2018 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2018 BLDG *Mechanical Plus Inc. 406 Pierce St, Shakopee $80 *SR Mechanical 6757 Oxford St, St Louis Pk $80 *Climate Control 137 Hiawatha Ave, Big Lake $80 *Geo Thermal Concept LLC PO Box 444, Clearwater $80 *Arbortech Stump & Tree 6332 Rhode Island Ave N, Brk Pk $80 86 20 80 7 1 L 1 cease Agenda Page 2 00 r O N c � a) cn a) c c C) ti z O w U Q w o U) c� ao Z�zz w2w CD W W Q�-2 ao T- C) N W c L O CD z w w U z Z) O U H z W W 0 W C) z LL CO H C� Q W O g z Z M Z Q J LL O LL O U O LL w Z O Q � >- H � OU U c ca Y U W .r- CL cn E 0 a) cn O U c a) a) L a) a) a) co ca L v c O U U L cn ca w ca 0 IS a) c c L c ca 7E O U U L a) O m O O W Ili cc C6 O co rn co 0 c O E a) L_ c •L JD c cu cn C U 0 U a) T) 1- co co ro E LD # # E x9 x H P4 # P, W W # cn > x0 w r� U * U >i H # # (T1 W # 20 #. # H 0 D • a aco m . 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DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Hammond /June 7, 2018 BY /DATE: CITY STRATEGY: #2: Economic Strength Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: At the April 2nd City Council work session, the City Council directed staff to bring forth an Ordinance amending the text of the Zoning Code. The proposed text amendment would disallow certain institutional uses (Religious Facilities, Convents or Monasteries, and K -12 Public or Private Schools) from locating in the Limited Business Zoning District. Currently, these uses are permitted as a conditional use, requiring a Conditional Use Permit to be obtained from the City prior to operation. The proposed text amendment is an effort by the City to guide and protect commercially zoned property for future commercial retail development or redevelopment. There are four areas of the City which contain parcels zoned Limited Business. These areas are represented on the attached Zoning Map in the color pink and are generally located adjacent to residential and commercial properties and along major roadways. The other two commercial zoning districts (Central Business and General Business), are shown in red and dark purple respectively on the map. These two districts currently do not permit the aforementioned institutional uses. If Ordinance No. 1649 is approved, these uses would not be permitted in commercial areas but still permitted in all residentially zoned areas of the City, which are represented on the attached map and chart in various colors. Existing Religious Facilities, Convents or Monasteries, and K -12 Public and Private Schools that are currently located on a property which is zoned Limited Business are still able to operate as a legal non - conforming use of land. The text amendment would affect future proposals for these uses in the Limited Business District. The proposed Ordinance went before the Planning Commission on June 5th, 2018. The Planning Commission voted unanimously to recommend that the City Council approve Ordinance No. 1649. STAFF RECOMMENDATION: The proposed text amendment is consistent with the existing 2030 Comprehensive Plan and the updated 2040 Comprehensive Plan (not yet adopted, but currently under final review) which aims to preserve and enhance the existing viable commercial areas within the community. Additionally, the Comprehensive Plan calls out the importance of a strong commercial and industrial base to provide jobs for residents and diversify the tax base. Staff recommends approval of Ordinance No. 1649. RECOMMENDED MOTION(S): Motion: Wave the reading of Ordinance No. 1649, there being ample copies available to the public. 99 City of Columbia Heights - Council Letter Page 2 Motion: Move to set the second reading of Ordinance No. 1649, being an Ordinance amending City Code of 2005 relating to institutional uses in commercial areas within the City of Columbia Heights, for June 25th, 2018 at approximately 7:00 p.m. in the City Council Chambers. ATTACHMENTS: 1. Ordinance No. 1649 2. Planning Report 3. Zoning District Chart 4. Zoning Map 100 ORDINANCE NO. 1649 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO INSTITUTIONAL USES IN COMMERCIAL AREAS WITHIN THE CITY OF COLUMBIA HEIGHTS NOW, THEREFORE, BE IT RESOLVED The City Council (Council) of the City of Columbia Heights, Minnesota (City) does ordain: SECTION 1: §9.110 (D) (3), City Code of 2005, as it currently reads is amended as follows: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (G) SG 961' " p'ri K 12 ate, - K r. (d) School, vocational or business. (e) School, performing/visual /martial arts. (f) Licensed day care facility, child or adult. (g) Government maintenance facility. (h) State licensed residential care facility. (i) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. (j) Bed and breakfast home, when accessory to a single - family dwelling. (k) Community center. (1) Recreational facility, indoor. (m) Recreational facility, outdoor. (n) Single- family dwelling, when accessory to a commercial use. (o) Food service, limited (coffee shop /deli). (p) Hospital. (q) Museum /gallery. (r) Retail sales, not exceeding 2,500 square feet in area. (s) Hotel or motel. (t) Fences greater than six feet in height. (u) Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (v) Brew pub, not exceeding 2,000 barrels of malt liquor a year. SECTION 2: Chapter 9.110, (D) (3), City Code of 2005, shall hereafter read as follows, to wit: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) School, vocational or business. WIF (b) School, performing /visual /martial arts. (c) Licensed day care facility, child or adult. (d) Government maintenance facility. (e) State licensed residential care facility. (f) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. (g) Bed and breakfast home, when accessory to a single - family dwelling. (h) Community center. (i) Recreational facility, indoor. (j) Recreational facility, outdoor. (k) Single- family dwelling, when accessory to a commercial use. (1) Food service, limited (coffee shop /deli). (m) Hospital. (n) Museum /gallery. (o) Retail sales, not exceeding 2,500 square feet in area. (p) Hotel or motel. (q) Fences greater than six feet in height. (r) Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (s) Brew pub, not exceeding 2,000 barrels of malt liquor a year. SECTION 3: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 102 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION PLANNING REPORT CASE NUMBER: 2018 -0602 DATE: May 24, 2018 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights DEVELOPMENT: N/A LOCATION: Properties located within the Limited Business Zoning District REQUEST: Zoning Text Amendment PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At the April 2nd City Council work session, the City Council directed staff to bring forth an Ordinance amending the text of the Zoning Code. The proposed text amendment would disallow certain institutional uses (Religious Facilities, Convents or Monasteries, and K -12 Public or Private Schools) from locating in the Limited Business Zoning District. Currently, these uses are permitted as a permitted conditional use, requiring a Conditional Use Permit from the City prior to operation. Ordinance No. 1649 (attached) is an effort by the City to guide and protect commercially zoned property for future commercial and retail development or redevelopment. There are four areas of the City which contain parcels zoned as Limited Business. These areas are represented on the attached Zoning Map in the color pink and are generally located adjacent to residential commercial properties and along major roadways. The other two commercial zoning districts (Central Business and General Business), are shown in red and dark purple respectively on the map. These two districts currently do not permit the aforementioned institutional uses. If Ordinance No. 1649 is approved, these uses would not be permitted in all commercial areas but still permitted in all residentially zoned areas of the City, which are represented on the attached map and chart in various colors. Existing Religious Facilities, Convents or Monasteries, and K -12 Public and Private Schools that are currently located on a property zoned Limited Business are still able to operate as a legal non - conforming use of land. The text amendment would affect future proposals for these uses in the Limited Business District. FINDINGS OF FACT (a) The amendment is consistent with the comprehensive plan. This is correct. The proposed text amendment is consistent with the 2030 Comprehensive Plan and the updated 2040 Comprehensive Plan (not yet adopted, but currently under final review) 103 Zoning Text Amendment City of Columbia Heights Planning and Zoning Commission June 5, 2018 Planning Report Page 2 which aims to preserve and enhance the existing viable commercial areas within the community. Additionally, the Comprehensive Plan calls out the importance of a strong commercial and industrial base to provide jobs for residents and diversify the tax base. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Not applicable. RECOMMENDED MOTION Motion: The Planning Commission recommends that the City Council approve Ordinance No. 1649, being an Ordinance amending City Code of 2005 relating to institutional uses in commercial areas within the City of Columbia Heights. ATTACHMENTS Ordinance No. 1649 Zoning District Chart Zoning Map 104 Zoning District �I Religious Facilities /Place of worship Schools — public or private (K -12) Convent or Monastery, when accessory to a religious facility R -1 Conditional Use Conditional Use Conditional Use R -2A, R -26 Conditional Use Conditional Use Conditional Use R -3 Conditional Use Conditional Use Conditional Use R -4 Conditional Use Conditional Use Conditional Use LB, Limited Business Not Permitted r- ^.,a;+i(9AaI 1-S^ Not Permitted r ^.,,RA;11 I Ir° Not Permitted CB, Central Business Not Permitted Not Permitted Not Permitted GB, General Business Not Permitted Not Permitted Not Permitted Currently, Religious Facilities /Places of Worship, Schools - Public or Private (K -12), and Convents or Monasteries, when accessory to a religious facility, are permitted as a Conditional Use in the Limited Business Zoning District. If Ordinance No. 1648 is approved, all three uses would not be permitted in the Limited Business Zoning District (as shown highlighted). 105 T01i1 7!11 S1 PofiN ,IO 1111 ANOH- LNV,J,ti:W A11J [�i:�u,lyyii f 1YT1 1 �1 � gBiP 1 1 AA ICMIJ •10 Al" 1 ofliir.l a - +� 11 R� i 11 ]l l I. r l l r u r c� l< C tsI t J n c Ai s' • . s, _ 6 _- - .,_ `.vim/ C,� COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8B MEETING DATE JUNE 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: First Reading of Ordinance No. 1647, an ordinance amending City Code of 2005 relating to Zoning and Land Development, and establishing a PUD District DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: , BY /DATE: Keith Dahl, June 5, 2018 BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? #7: Strong Infastructure /Public Services SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The City of Columbia Heights (the "City') has had an extensive history with respect to Planned Unit Development (Commonly referred to as "PUD ") Districts since 1974. Nevertheless, on May 29, 2001, the City Council unanimously approved Ordinance No. 1428, an ordinance which effectively repealed and replaced the previous Zoning Ordinance of the City, but subsequently eliminated the PUD District. The intent behind the elimination was for the newly created Mixed Use Development (Commonly referred to as "MXD ") District to replace the traditional PUD District. However, over the years, staff has determined that the MXD District is not adequately functioning how it was intended to function as a strategy for the City to encourage flexible high - quality design for development and redevelopment projects. Therefore, staff has drafted a proposed ordinance which would re- establish the PUD District so that the City may attain a higher quality of design for future development and redevelopment projects throughout the community. A PUD District is generally described as a type of development or redevelopment that follows a separate regulatory approval process, which results in a development outcome that exceeds the typical development achievable through the standard requirements of the primary zoning district. The proposed ordinance attached was drafted to reflect the previous format of the PUD District eliminated by Ordinance No. 1428, as well as to incorporate several new provisions that were identified by staff to be applicable based on an evaluation of other PUD Districts in ten (10) different cities, specifically Brooklyn Center, Fridley, Golden Valley, Hopkins, North St. Paul, Richfield, Robbinsdale, Roseville, St. Louis Park, and West St. Paul. On June 5, 2018, the Planning Commission unanimously approved the recommendation to the City Council for approval of Ordinance No. 1647. During review and consideration of Ordinance No. 1647, there were a few points of confusion in regards to the application of a PUD District if established, but also how it would function with other zoning approval processes. In short, the proposed ordinance establishes a PUD District to act as an overlay district. This means that the primary zoning designation of a property or properties remains intact, and is the basis for considering what regulations the City would allow flexibilities on. If a zoning amendment is required for a PUD District, this would prompt a separate application and approval process. The approval process of a PUD Districtdoes not eliminate any other zoning approval process; it merely is in lieu of the site plan review approval process. 107 City of Columbia Heights - Council Letter STAFF RECOMMENDATION: Staff recommends approving the first reading of Ordinance No. 1647 as presented and to setting up the second reading of Ordinance No. 1647 for adoption on June 25, 2018. Page 2 RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1647, there being ample copies available to the public. Motion: Move to set the second reading of Ordinance No. 1647, being an ordinance amending City Code of 2005 relating to Zoning and Land Development, and establishing a Planned Unit Development District within the City of Columbia Heights, for June 25, 2018 at approximately 7:00 P.M. in the City Council Chambers. ATTACHMENTS: 1. Ordinance No. 1647 (5 Pages) 108 ORDINANCE NO. 1647 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO ZONING AND LAND DEVELOPMENT, AND ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights, Minnesota (the "City') does ordain: SECTION I: That Chapter 9, Article 1: Zoning and Land Development of City Code is hereby amended to read as follows, to wit: 9.113 PLANNED UNIT DEVELOPMENT DISTRICT. §Q43 9.114 OVERLAY DISTRICTS. §Q 334 9.115 PUBLIC AND OPEN SPACE DISTRICT. §9I15. 9.116 SUBDIVISION REGULATIONS. SECTION II: That Chapter 9, Article 1, Section 9.113: Planned Unit Development District shall hereafter read as follows, to wit: §9.113 PLANNED UNIT DEVELOPMENT DISTRICT. (A) Purpose. The purpose of the PUD, Planned Unit Development District is to provide greater flexibility with development and redevelopment; preserve historical, environmental, and aesthetically significant features; promote a high quality of design; and encourage more technological and energy efficient developments. This is achieved by undertaking a process that results in a development outcome that exceeds the typical development achievable through standard zoning controls. (B) General Provisions. (1) Relationship to other applicable regulations. (a) Property located within a PUD District shall be subject to the land use controls described in the primary zoning district, as well as the rules and regulations prescribed in the PUD District plan. Where the provisions of the primary zoning district and the PUD District plan are in conflict, the PUD District plan shall govern. (b) The PUD District plan review process, in accordance with the provisions of this section, constitute and supersede the requirements set forth in §9.104, subdivision (N)(2). (2) Right of application. Any person having a legal interest in the property may file an application for the establishment of a PUD District to the Zoning Administrator. (3) Authority. The City retains absolute authority and discretion to establish a PUD District, and reserves the right to deny the establishment of a PUD District if the City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (4) Administration. The administration and enforcement of this section shall be in accordance with the provisions of §9.104. 109 Ordinance No. 1647 City of Columbia Heights — Ordinance 1647 Page 2 (5) Application. An application for establishment of a PUD District shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an application fee as set forth in §9.104, subdivision (C)(5). An application shall include a narrative; a vicinity map; an accurately scaled site plan showing the locations of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas, landscaping, and other site features; a stormwater management plan; elevation views of all proposed buildings and structures; and any other information determined by the Zoning Administrator to be necessary. (6) Approval. Approval of a PUD District plan shall be by ordinance, a simple majority vote, and in full force and effect from and after 30 days after its passage. (7) Physical Development Contract. After City Council approval of a PUD District plan, a Physical Development Contract shall be required prior to site development. The Physical Development Contract shall reference all the approved plans and specify permitted uses; allowable densities; development phasing if applicable; required public improvements; construction commencement and completion dates of the minimum improvements; an irrevocable letter of credit, or cash deposit in an amount sufficient to ensure the provision or development of public improvements; and any other requirements determined by the Zoning Administrator to be necessary. The Physical Development Contract shall be signed by the applicant or an authorized representative within sixty (60) days after its approval by City Council. (8) Time Limits. An established PUD District shall be validated by the construction commencement of the minimum improvements pursuant to the Physical Development Contract. If the construction commencement fails to meet the deadline specified in the Physical Development Contract, the approval of the PUD District plan by the City Council shall be rendered invalid and void. Notwithstanding the construction commencement time limitations, the City Council may, at its own discretion, approve an extension by approval of an Amendment to the Physical Development Contract if requested by the applicant in writing. (C) Areas of Flexibility. Development flexibility provided through the establishment of a PUD District will not be approved in avoidance of the regulations set forth by the primary zoning district. However, if a development is able to achieve a higher quality of design, efficiency, and technology than what current market conditions allow, the establishment of a PUD District will provide flexibility to the following areas: (1) Building Heights. (2) Building Materials (3) Building and Parking Setbacks. (4) Landscaping Requirements. (5) Multiple Building Placement. IsK City of Columbia Heights — Ordinance 1647 Page 3 (6) Parking and Vehicular Requirements. (7) Public Art Requirements. (8) Public Spaces. (9) Signage Requirements. (10) Site Density. (D) Review Procedure. (1) Pre - application meeting. Prior to filing an application to the Zoning Administrator for the establishment of a PUD District, the applicant shall meet with City staff for a pre - application meeting. The primary purpose of the pre - application meeting is to allow the applicant and City staff to discuss land use controls, appropriate uses of the site, specific development design standards, the application process, and required information that shall be submitted with an application, as well as evaluate how the development will achieve a higher quality of design, efficiency and technology. (2) Development Review Committee. After filing a completed application, the Development Review Committee, comprised of the Zoning Administrator, Building Official, Fire Chief, City Engineer, and his /her appointee, shall conduct an administrative review of the application. All findings and determinations by the Development Review Committee shall be forwarded to the Planning Commission. (3) Neighborhood Meeting. Prior to the consideration of a PUD District plan or a major amendment to a PUD District plan by the Planning Commission, the applicant shall hold a Neighborhood Meeting within City limits, and mail a notification of the Neighborhood Meeting to all property owners and tenants within three hundred and fifty (350) feet surrounding the proposed PUD District. The purpose of the meeting is to inform the neighborhood of the proposed development and obtain input from the affected property owners and tenants. (4) Planning Commission. (a) Informal Public Hearing. The Planning Commission shall hold an informal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. The Planning Commission shall make the following findings of fact before approving the establishment of a PUD District: (i) The PUD District plan conforms to all applicable requirements of this article. (ii) The PUD District plan is consistent with the applicable provisions of the Comprehensive Plan. (iii) The PUD District plan is consistent with any applicable area plan. ism City of Columbia Heights — Ordinance 1647 Page 4 (iv) The PUD District plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. (b) Recommendation. The findings and recommendation of the Planning Commission shall be forwarded to the City Council. The Planning Commission may impose conditions of recommended approval or modifications to any PUD District plan, and require guarantees deemed necessary to ensure compliance with the requirements of this section. (5) City Council. (a) Formal Public Hearing. The City Council shall hold a formal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. (b) Action. The City Council shall review and consider the recommendations of the Planning Commission, the Development Review Committee, and the public before approval or denial, in whole or in part, is made for establishment of the PUD District. A denial shall only be based on findings of fact that the PUD District plan is not in substantial compliance with the provisions of this section or City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (E) Amendments. An approved PUD District plan may not be changed or modified without prior approval by City Council. A request for an amendment to an approved PUD District plan shall be submitted and reviewed by the Zoning Administrator to determine if it is a minor or major amendment. (a) Minor Amendments. (i) An amendment shall be deemed minor in nature if a change or modification to the approved PUD District plan increases or decreases a provision to be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by less than equal to ten percent (10 %); demolishes or adds an accessory structure; significantly alters the original intent of the landscape plans or elevation views; or is not determined by the Zoning Administrator to be major in nature. (ii) A minor amendment shall be placed on the Consent Agenda of City Council without the review by the Planning Commission. The City Council may remove the minor amendment from the Consent Agenda for discussion before approval or denial. (b) Major Amendments. (i) An amendment shall be deemed major in nature if a change or modification to the approved PUD District plan increases or decreases a provision to not be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by more than ten percent (10%); demolishes or adds a principle structure; alters the placement of 112 City of Columbia Heights — Ordinance 1647 Page 5 buildings or roads; introduces a new use; decreases the amount of public spaces by more than equal to three percent (3 %) or alter it in such a way to change its original intent; creates a conflict with the original conditions of recommended approval; eliminates, substantially diminishes, or compromises the original intent of the PUD District as prescribed in subdivision (A) of this section; or is not determined by the Zoning Administrator to be minor in nature. (ii) A major amendment shall require the submittal of a revised PUD District plan to the Zoning Administrator for full review and approval in accordance with the provisions of this section. (F) Cancellations. An approved PUD District plan shall be cancelled and revoked only upon City Council approving a resolution rescinding the PUD District. Cancellation of a PUD District plan shall include findings of fact that demonstrate that the district is no longer necessary due to changes in local regulations; becomes inconsistent with the Comprehensive Plan of the City; threatens public safety, health, or welfare; or at the request of the applicant or assignee in writing. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 113 AGENDA SECTION Other Ordinances & Resolutions CHCOLUMBIA ITEM NO. 9Aa HEIGHTS MEETING DATE June 11, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Second Reading of Ordinance 1648 Amending Chapter 2, Section 10 and Chapter 6, Section 53 pertaining to the Direction of the Police Department. DEPARTMENT: Administration I CITY MANAGER'S APPROVAL: BY /DATE: Katie Bruno BY /DATE: CITY STRATEGY: Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: A Public Hearing was held on May 29, 2018, the first reading was approved with a 5 -0 vote. The Charter Commission proposes the following amendments to the City Charter: (Strikethrough indicates deleted language, underline indicates new language.) Section 10. THE MAYOR. The mayor , end dir-ec-tien ef 6;4 Police eff-k�eFs of shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. te5 eentr -ei a the r.eyer r r RECOMMENDED MOTION(S): MOTION: Move to waive the reading of the Ordinance No. 1648, there being ample copies available to the public. MOTION: Move to approve Ordinance No.1648, being an ordinance amending Chapter 2, Section 10 and Chapter 6, Section 53 of the City's Charter pertaining to the Direction of the Police Department. ATTACHMENTS: Ordinance No 1648 114 ORDINANCE NO. 1648 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTIONS 7 and 53 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: CHAPTER 2, FORM OF GOVERNMENT Section 10. THE MAYOR. The mayor • amity; Gna shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. te "g 6feP rt t Sh04 be Paler- the re e e9nt el 4 t4 a MrrYGr. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: May 29, 2018 Buesgens Williams All Ayes Katie Bruno, City Clerk Mayor Donna Schmitt Strikethrough indicates deleted language, underline indicates new language 115