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HomeMy WebLinkAbout03-13-2017 CCPMayor COLUMBIA Donna Schmitt CHCouncilmembers HEIGHTSRobert A. Williams John Murzyn, Jr. City of Columbia Heights Connie Buesgens th City Manager 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Wolter R. Fehst Visit our website at: www.columbiaheightsmn.gov The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 13, 2017 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for persons with disabilities are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611 to make arrangements. (TDD /706 -3692 for deaf or hard of hearing only.) CALL TO ORDER 2. ROLL CALL 3. INVOCATION Invocation provided by Dan Thompson, Heights Church 4. PLEDGE OF ALLEGIANCE S. ADDITIONS /DELETIONS TO MEETING 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 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 February 27, 2017 pg 3 MOTION: Move to approve the minutes from the City Council Vacancy Interviews March 2 & 3, 2017. pg 7 MOTION: Move to approve the Work Session minutes of March 6, 2017. pg 13 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Library Board Minutes from February 8, 2017 pg 18 MOTION: Move to accept the EDA Minutes from February 6, 2017 pg 20 pg 42 MOTION: Move to accept the Planning & Zoning Commission Minutes from February 7, 2017 City of Columbia Heights March 13, 2017 City Council Agenda Page 2 C. Approve Business License Applications pg 53 MOTION: Move to approve the items as listed on the business license agenda for March 13, 2017. D. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 55 received the list of claims paid covering check number 164933 through 165083 in the amount of $299,387.20. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Consideration of Resolution 2017 -19, approving a Final Plat for Venture Pass Partners, LLC. pg 63 MOTION: Move to waive the reading of Resolution 2017 -19, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -19, approving a Final Plat for Venture Pass Partners, LLC. B. Consideration of an Appeal to the City Council regarding a ruling made by the Board of pg 74 Appeals (Planning & Zoning Commission) -a waiver to allow an adult daycare at 4048 Central Ave NE. Motion: The City Council must make a motion to deny or approve the appeal made by ASA, LLC., for the property located at 4048 Central Ave. NE. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report from Mayor and Council Report from the City Manager Report from the City Attorney 11. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 12. ADJOURNMENT AZ Walt Fehst, ity Manager 2 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 27, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday February 27, 2017 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 7:04 p.m. 2. ROLL CALL Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr. and Councilmember Buesgens Also Present: Joe Kloiber; Acting City Manager, Jim Hoeft; City Attorney, Keith Dahl; Economic Development Manager, and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Max Richter, Community United Methodist Church 4. PLEDGE OF ALLEGIANCE 5. ADDITIONS /DELETIONS TO MEETING 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 1. A Day of Action to End Domestic Violence Proclamation Councilmember Buesgens read the proclamation. 2. Tibet Day Proclamation Jigme Ugen, representing the Tibetan Community read the proclamation. Mr. Ugen reported there are approximately 2,000 Tibetan residents in Columbia Heights. 3. Columbia Heights Royalty, Sue Hansen Miss Columbia Heights Sabrina Barrett, Junior Princess Suzanna Nereson, and Little Miss Columbia Heights along with Meagan Lynch, Miss Northeast Minneapolis announced the First Annual Waffle Breakfast is scheduled for March 5th at Murzyn Hall from 8:00- 12:00. 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 February 13, 2017 City Council Minutes February 27, 2017 Page 2 of 4 B. Award credit card processing contract for liquor store sales. MOTION: Award credit card processing contract for liquor store sales to FDS Holdings LLC, at the existing rates, for a three year term, with no early termination fee. C. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 27, 2017 D. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 164749 through 164932 in the amount of $981,261.06. Motion by Councilmember Murzyn, Jr. seconded by Councilmember Williams to approve the Consent Agenda as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Second Reading of Ordinance No. 1638, Brewery Ordinance Keith Dahl, Economic Development Manager reported the first reading was passed at the February 13th meeting. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Ordinance No. 1638, there being ample copies available to the public. All Ayes, Motion Carried. Sean Broom -4117 5th St NE commended the council on passing the ordinance, and suggested the council also consider distilleries. Jamie Oberding -4059 4th St NE indicated she sees brew pubs as a an attractive social venue. Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve Ordinance No. 1638, being an ordinance relating to malt liquor. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve Summary Ordinance 1638 as presented for publication in the legal newspaper of Columbia Heights. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adoption of 2017 Brewery License Fee Schedule Keith Dahl, Economic Development Manager reported this item would allow for the addition of brewery license to the current fee schedule. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution No. 2017 -18, there being ample copies available to the public. City Council Minutes February 27, 2017 Page 3 of 4 Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve Resolution No. 2017 -18, a resolution adopting 2017 brewery license fee schedule. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Councilmember Buesgens attended the recent Sister Cities meeting, and the Boosters Club meeting. Heights Next will host a movie night on February 28th at the library. Heights Next is also planning a pot -luck community dinner at United Methodist Church. Buesgens shared from an article she read on walkability in neighborhoods, indicating walkable neighborhoods can increase property values. Councilmember Murzyn, Jr. reported the recent Lions Club Wrestling match was a successful event; bringing in many families and children. Mayor Schmitt attended the Sister Cities young artist event at Murzyn Hall. The first annual SACA Career Fair was held on February 22nd. Schmitt stated she hopes to have a better turnout next year. Mayor Schmitt announced the council will be interviewing 17 applicants for the open council seat on Thursday March 2nd and Friday, March 3rd. Schmitt indicated there will be a time for public comment following the last interview of each day. The council will be discussing the interview observations at the March 6th work session. Acting City Manager Joe Kloiber indicated the City Manager will be back for the April 13th meeting. Kloiber suggested Councilmembers report any IT issue to the Council Secretary, and they will be forwarded to the IS Department. 11. CITIZENS FORUM 12. ADJOURNMENT Motion by Councilmember Murzyn Jr., seconded by Councilmember Williams to adjourn. All Ayes, Motion Carried. Meeting adjourned at 7:37 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk City Council Minutes February 27, 2017 Page 4 of 4 (ORDINANCE SUMMARY) ORDINANCE NO. 1638 BEING AN ORDINANCE REPEALING ORDINANCE NO. 1620 IN ITS ENTIRETY, BEING AN ORDINANCE THAT AMENDED CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS, ENACTED MARCH 23, 2015; AND, AMENDING SECTIONS OF ARTICLE 5, CHAPTER 5 OF THE CITY CODE RELATING TO LIQUOR AND BEER LICENSING; AND AMENDING SECTIONS 9.103, 9.107, 9.110, AND 9.111 OF ARTICLE 1, CHAPTER 9 RELATING TO LAND USE REGULATIONS. The City Council of the City of Columbia Heights has adopted Ordinance No. 1638. The purpose and intent of this ordinance is to provide adequate licensure, land use regulations, and specific development standards for the operation of Brewer Taprooms and Brew Pubs within the City of Columbia Heights. This is a summary of Ordinance 1638. The full text of Ordinance No. 1638 is available for public inspection at the office of the Community Development Department in City Hall during regular business hours, or by standard or electronic mail. Ordinance No. 1638 was adopted by the City Council of the City of Columbia Heights, Minnesota this 27th day of February 2017. 2017 -18 A RESOLUTION ADOPTING 2017 BREWERY LICENSE FEE SCHEDULE WHEREAS, on February 27, 2017, the City Council (the "Council ") of Columbia Heights, Minnesota (the "City ") approved Ordinance No. 1638, being an ordinance that provides adequate licensure and regulations for the operations of breweries within the City; and WHEREAS, Ordinance No. 1638 created three kinds of malt liquor licenses: 1) On -Sale Brewer Taproom; (2) On- Sale Brew Pub; and (3) Off -Sale Malt Liquor; and WHEREAS, the City may prescribe annual license fees sufficient to defray the costs incurred by it in reviewing, investigating, and administrating applications for malt liquor licensure. NOW, THEREFORE BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City, Council hereby adopts the 2017 brewery license fee schedule, listed as followed herein: Fee Schedule for either (1) On -Sale Brewer Taproom or (2) On -Sale Brew Pub License Fee Brewers who manufacture fewer than 2,000 barrels of malt liquor in a year $ 150 Brewers who manufacture 2,000 to 3,500 barrels of malt liquor in a year $ 500 Brewers who manufacture more than 3,500 barrels of malt liquor in a year $ 4,000 Investigation Fee "Note: Only applied if first time applicant $ 250 Fee Schedule for (3) Off -Sale Malt Liquor License Fee Off -Sale Malt Liquor License $ 200 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: March 2, 2017 Time of Meeting: 4:00 PM Location of Meeting: Council Chambers Purpose of Meeting: Interview of Candidates for Vacancy on the City Council CALL TO ORDER /ROLL CALL - The meeting was called to order at 4:00 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Williams and Buesgens Also Present: Kelli Bourgeois; Human Resource Director /Assistant to the City Manager, James Hoeft; City Attorney Mayor Schmitt announced the first order of business would be to discuss whether or not to broadcast the interviews live. Kelli Bourgeois, Human Resource Director /Assistant to the City Manager stated that the council can decide as a group if they want the interviews video recorded for live broadcast, future broadcast, internet playback, audio recorded or not recorded at all. Councilmember Buesgens stated she would feel comfortable with video recording for future playback. Councilmember Murzyn, Jr. stated he would prefer it not be videotaped for live broadcast. Councilmember Williams agreed with Murzyn, Jr. City Attorney Hoeft explained the legal record of the meeting is the minutes. Mayor Schmitt explained the interviews are subject to the open meeting laws, and she would prefer the meeting be broadcast live. Motion by Councilmember Buesgens, seconded by Mayor Schmitt to audio and video record the meeting for rebroadcast at a future date. 2 Ayes: 2 Nays, Motion Failed. Ayes: Schmitt and Buesgens. Nays: Williams and Murzyn, Jr. Councilmember Murzyn, Jr. stated he is not in favor of videotaping at all. Mayor Schmitt stated it would be helpful to the council to have a video to look back on as they deliberate. Councilmember Williams indicated that open meeting laws do not require video recording. Councilmember Buesgens indicated people look to the internet for their information. Mayor Schmitt said she has had numerous requests from the public to have the interviews available via video. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to video record for playback on Channel 16 and video on demand. 2 Ayes: 1 Nay: 1 Abstention, Motion Failed. Ayes: Schmitt and Buesgens. Nays: Williams. Abstention: Murzyn, Jr. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to video record for playback for Council Review. 3 Ayes: 1 Abstention, Motion Carried. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to amend the schedule, moving Ted Landwehr to 7:20 PM. All Ayes, Motion Carried. City Council Interviews March 2, 2017 Page 2 of 3 Mayor Schmitt explained each applicant will have 15 minutes to respond to the following eight questions, and ask additional questions if time permits. 1. What two issues would you like to see addressed during your term on the City Council and why? 2. Describe the duties of a City Council. 3. Tell us what your top three City priorities are. Why are these priorities for you? 4. At what level do you see your leadership style? Ground level (day to day) .......... 10,000 feet........ 20,000 feet....... 30,000 feet (policy creation) 5. On a scale of 1 to 20 years where do you think the City's planning horizon should be? 1 year ..................5 years ...................... 10 years ...................... 15 years ....................... 20 years 6. Rate your personality style on a scale from 1 to 5 with 1 being very passive & 5 being very aggressive. 7. Imagine you are at the local grocery store when a resident stops you to discuss their displeasure with the fact that the City allowed a business they feel is inappropriate to locate in their neighborhood. The resident wants to know why the City did this and what you can do to make it go away. You are aware of the business and the licensing process but do not have the details on why the business was allowed to locate there. What do you say to the resident? What, if anything, do you do next? 8. Why should the City Council appoint you to this vacancy? Tim Fitze The interview began at 4:20. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Tim Utz The interview began at 4:40. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Stan Hoium The interview began at 5:01. Motion by Councilmember Buesgens, seconded by Councilmember Williams to recess. All Ayes, Motion Carried. Denelle Bing The interview began at 5:20. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to recess. All Ayes, Motion Carried. 8 City Council Interviews March 2, 2017 Page 3 of 3 Jerome Klein The interview began at 5:41. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Frost Simula The interview began at 6:01. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to recess. All Ayes, Motion Carried. Tammera Diehm The interview began at 6:21. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Christine Nelson The interview began at 6:41. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Catherine Vesley The interview began at 7:02. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to recess. All Ayes, Motion Carried. Ted Landwehr The interview began at 7:22. Mayor Schmitt requested Public Comments be limited to three minutes. Amada Simula -1700 49th Ave NE spoke in support of Frost Simula, stating he is passionate about Columbia Heights, and will follow through on ideas. Corey Benson -4021 5th St NE described Frost Simula as honest, creative and willing to help. Gregory Sloat -4731 6th St NE reported Tim Utz wants the people of Columbia Heights to be heard. He worked on the library referendum in 2014. Ramona Andreson -4132 Stinson Blvd described Tim Utz as a phenomenal problem solver, who is dedicated to smart use of the taxpayer dollars. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adjourn. All Ayes, Motion Carried. Meeting Adjourned at 7:48 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: March 3, 2017 Time of Meeting: 1:00 PM Location of Meeting: Council Chambers Purpose of Meeting: Interview of Candidates for Vacancy on the City Council CALL TO ORDER /ROLL CALL - The meeting was called to order at 1:01 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Williams and Buesgens Also Present: Kelli Bourgeois; Human Resource Director /Assistant to the City Manager Mayor Schmitt explained each applicant will have 15 minutes to respond to the following eight questions, and ask additional questions if time permits. 1. What two issues would you like to see addressed during your term on the City Council and why? 2. Describe the duties of a City Council. 3. Tell us what your top three City priorities are. Why are these priorities for you? 4. At what level do you see your leadership style? Ground level (day to day) .......... 10,000 feet........ 20,000 feet....... 30,000 feet (policy creation) 5. On a scale of 1 to 20 years where do you think the City's planning horizon should be? 1 year ..................5 years ...................... 10 years ...................... 15 years ....................... 20 years 6. Rate your personality style on a scale from 1 to 5 with 1 being very passive & 5 being very aggressive. 7. Imagine you are at the local grocery store when a resident stops you to discuss their displeasure with the fact that the City allowed a business they feel is inappropriate to locate in their neighborhood. The resident wants to know why the City did this and what you can do to make it go away. You are aware of the business and the licensing process but do not have the details on why the business was allowed to locate there. What do you say to the resident? What, if anything, do you do next? 8. Why should the City Council appoint you to this vacancy? Julienne Wyckoff The interview began at 1:02 Motion by Mayor Schmitt, seconded by Councilmember Buesgens to recess. All Ayes, Motion Carried. 10 City Council Interviews March 3, 2017 Page 2 of 3 Melinda Bak The interview began at 1:20 Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Barb Gertsema The interview began at 1:40. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Missy Lee The interview began at 2:01. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to recess. All Ayes, Motion Carried. Nick Novitsky The interview began at 2:21. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to recess. All Ayes, Motion Carried. Sean Broom The interview began at 3:01. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to recess. All Ayes, Motion Carried. Bruce Nawrocki (Phone interview) The interview began at 3:22. Mayor Schmitt invited the Public to comment. Mary Granlund -949 44th Ave NE described Sean Broom as charismatic, enthusiastic and passionate. Stephanie Broom -4117 5th St NE described Sean Broom as honest, patient, understanding, energetic and knowledgeable. Carolyn Laine -1908 41St Ave NE offered her support for Sean Broom, noting he has the direct experience of an older person, the fresh experience of a younger person, and is committed to the City. Jamie Olberding -4059 4th St NE spoke in support of Sean Broom, stating she is excited for what he could bring to the City. Patricia Robinson -4244 7th St NE described Sean Broom as passionate, enthusiastic and a good listener. Robinson also commented that she would like to see a younger person appointed to the council. Jennifer Pyper -Muno -3813 Hayes St NE offered her support for Sean Broom, noting he is energetic, passionate and knowledgeable. Mayor Schmitt reported the Council will deliberate on the applications at the March 6th work session, public comment will be allowed at the end of that meeting. The official vote cannot be made until March 27th according to the City's Charter. m Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to adjourn. All Ayes, Motion Carried. Meeting Adjourned at 3:56 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk City Council Interviews March 3, 2017 Page 3 of 3 12 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: March 6, 2017 Time of Meeting: 7:00 PM (Following the EDA Meeting) Location of Meeting: Council Chambers Purpose of Meeting: WORKSESSION CALL TO ORDER /ROLL CALL - The meeting was called to order at 7:14 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Williams and Buesgens Also Present: Kelli Bourgeois; Human Resource Director /Assistant to the City Manager, Joe Kloiber; Finance Director, Jackie Zillmer; Assistant Finance Director and Katie Bruno; City Clerk Mayor Schmitt indicated staff has recommended amending the order of the agenda. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to amend the agenda as follows. All Ayes, Motion Carried. 1. Discussion related to interviews for Council vacancy Judy Clerkin, 509 Mill St NE extended her support for Nick Novitsky. Clerkin indicated Novitsky was "nothing but greatness." Michael Novitsky, 5252 5th St NE described Nick Novitsky as a great asset. Ann Novitsky, 5252 5th St NE described Nick Novitsky as very dedicated. Jane Halek, 4602 Fillmore St NE described Nick Novitsky as kind and considerate, indicating his character speaks for itself. Jenny Ketchum, 4600 Fillmore St NE stated that Nick Novitsky is good at connecting people and helping to get them involved. Adam Davis, 3932 Central Ave NE #3 offered his support for Tim Utz, indicating he will work to find common ground. Raquel Tabor, 4157 2nd St NE described Nick Novitsky as civic minded and possessing good moral character. David Mitchell Shrauner, 4319 Fremont Ave N, Minneapolis offered support for Tim Utz, stating he is a well- informed, family, Godly man. Nelson M.L. Moore, Sr., 1323 41St Ave NE described Nick Novitsky as a stand -up guy. Stan Hoium, 1105 42 % Ave NE expressed concern with the process. Hoium indicated the Public Comment portion of the meeting was not included on the agenda, but was announced via Facebook. A video taken at the recent interview with a cell phone was also included on the internet. 13 City Council Worksession March 6, 2017 Page 2 of 5 Adrian Durand, 2127 Forest Dr NE described Sean Broom as energetic, creative and hardworking. Andrew Macko, 4424 2%2 St NE described Nick Novitsky as family and community minded. Jared Hendrickson, 4340 Jefferson St NE stated he grew up with Nick Novitsky, and that he is involved and helpful. Sean Broom, 4117 5th St NE indicated he is concerned with the lack of transparency in the appointment process. Julienne Wyckoff, 789 Parkside Lane indicated she finds out her information from Facebook and thanked Mayor Schmitt for posting this meeting on Facebook. Mayor Schmitt indicated the council will go through the 17 applicants and make comments as desired. A straw poll will take place following the council comment period. Timothy Fitze Councilmember Williams indicated he was impressed with Fitze, and would rate him high. Councilmember Murzyn, Jr. agreed Fitze was a good candidate. Councilmember Buesgens liked the fact that he has a background in working with youth as a teacher. Mayor Schmitt indicated she would like to learn more about Fitze. Tim Utz There were no comments. Stan Hoium Councilmember Murzyn, Jr. indicated he has known Hoium awhile, he interviewed well, and would like to see him considered. Councilmember Williams also felt Hoium should be considered. Denelle Bing Councilmember Buesgens appreciated her new perspectives. Jerome Klein Councilmember Williams rated him high, as he seems to know the City well. Frost Sim ula Councilmember Buesgens stated she thinks Simula is a great candidate, he attends meetings regularly, and has great ideas of where the City should go in the future. Tammera Diehm Councilmember Williams indicated he served with Diehm for several years on the council, and thinks she could bring the council together. Christine Nelson Councilmember Buesgens liked that Nelson has experience in working at the Capitol, and her interest in diversity and family first values. 14 City Council Worksession March 6, 2017 Page 3 of 5 Catherine Vesley Councilmember Buesgens stated Vesley is very forward thinking and tenacious. Councilmember Williams agreed that Vesley would be a strong candidate. Ted Landwehr Councilmember Buesgens liked the fact that Landwehr has works for several years in the community. Councilmember Williams agreed, and pointed out he served on the School Board for many years. Julienne Wyckoff Councilmember Buesgens shared Wyckoff has a lot of energy and insight to the needs of the young families. Councilmember Murzyn, Jr. agreed that Wyckoff would be good for the community. Melinda Bak Councilmember Williams stated she was well spoken, and knowledgeable about the City. Councilmember Murzyn, Jr. indicated he was impressed with Bak. Councilmember Buesgens indicated she seems very organized and seems to be a good strategic thinker. Barb Gertsema There were no comments. Missy Lee Councilmember Williams indicated Lee served on the School Board. Nick Novitsky Councilmember Murzyn, Jr. stated Novitsky is a hard worker and devoted member of the Lions Club. Councilmember Williams shard Novitsky is one his favorites, and is impressed with his tenacity and leadership skills. Councilmember Buesgens indicated Novitsky is good at getting things done. Sean Broom Councilmember Buesgens has been amazed at the energy Broom has, as well as his knowledge and background. Bruce Nawrocki (Phone interview) Councilmember Murzyn, Jr. stated it would be nice to have him back on the council. Councilmember Williams stated Nawrocki is Mr. Columbia Heights, and has served the City for a long time. Mayor Schmitt asked the councilmembers to indicate whether they think each candidate should move forward in the process. Murzyn, Jr Williams Buesgens Schmitt Nick Novitsky Yes Yes Yes Yes Timothy Fitze Yes Yes Yes Yes 15 City Council Worksession March 6, 2017 Page 4 of 5 Melinda Bak Yes Yes Yes No Sean Broom No No Yes Yes Tammera Diehm Yes Yes No No Jerome Klein Yes Yes No No Ted Landwehr No No Yes Yes Bruce Nawrocki Yes Yes No No Frost Simula No No Yes Yes Catherine Vesley No Yes Yes No Stan Hoium Yes Yes No No Denelle Bing No No Yes No Tim Utz No No No Yes Julienne Wyckoff Yes No No No Christine Nelson No No Yes No Barbara Gertsema No No No No Missy Lee No No No No Nelson M.L. Moore, Sr., 1323 41St Ave NE commented that the Council has narrowed the pool down to the top two candidates, and should focus on the top two. Councilmember Buesgens reported the Charter has specific guidelines regarding the appointment process, and an appointment cannot take place earlier than March 27t ". Mayor Schmitt indicated the Council will continue to discuss the applicants at future meetings. 2. Continued discussion of options for refinancing the 2007 and 2008 bonds Finance Director Joe Kloiber reported the Council will need to make decisions regarding the refinancing of the Liquor Store and Public Safety Center bonds; whether or not to use the general obligation pledge. Kloiber suggested the council may want to coordinate long term goals with the EDA. At this point the goal is to obtain information and direction, and not use time and money preparing documents that the council would have no intention of approving. Mayor Schmitt asked for a timeline. Kloiber indicated he will work with the City Manager and Bond Attorney to create a rough schedule. Kloiber stated he wouldn't expect to see a dramatic change in interest rates. Kloiber reported the City's credit rating (AA +) is as good as it can be, due to property values related to population; noting values are increasing. Councilmember Buesgens requested a copy of the Anoka Country Property Value report. 3. Information on the 2017 effects of not assessing delinquent utility bills in 2016 Finance Director Joe Kloiber reported that because the Sun Focus failed to publish a required Public Hearing Notice the City was unable to levy special assessments to 2017 taxes, including delinquent utility bills. Staff is under the assumption Council's intent was not to include the prior year delinquent accounts when calculating the decision making process of shutting water off. Councilmember Murzyn, Jr. questioned how many shut -offs are possible, and if there are repeat offenders. Kloiber indicted there are about 140; some residents have figured out the system, and are deliberate. Councilmember Murzyn, Jr. reported that many cities no longer do shut -offs, as it is a long process. Jackie Zillmer, Assistant Finance Director explained collections are time consuming, and customer relations are easier when dealing with current cycles. Zillmer gave an overview of the collection process, indicating there are 4 -5 steps involved. lim. City Council Worksession March 6, 2017 Page 5 of 5 Mayor Schmitt stated she would like to see information from other cities regarding their policies. Councilmember Murzyn, Jr. requested the policy be discussed at an upcoming worksession. Kloiber suggested asking neighboring communities details regarding the terms of assessments as well as any narrative feedback regarding unintended consequences when the policy was implemented. Mayor Schmitt asked if there are financial assistance opportunities for residents. Zillmer stated that residents are referred to Anoka County for assistance. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens adjourn. All Ayes, Motion Carried. Meeting Adjourned at 9:07 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 17 CH COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, February 8th, 2017 Approved 3/1/2017 The meeting was called to order by Chair, Patricia Sowada, at 5:34 p.m. Members present were: Patricia Sowada, Catherine Vesley, Stephen Smith, and Tricia Conway. Also present was Library Director Renee Dougherty, and Recording Secretary Nick Olberding. • The Minutes of the December 7th, 2016 Board Meeting were approved. • The Minutes of the January 18th, 2017 Board Meeting were approved. • The Bill List dated December 14th, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated December 21St, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated December 28th, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated January 18th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated January 25th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated February 1St, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Accounting Sheet for year -end 2016 was reviewed, and approved. • Questions and discussions stemmed from Bills and Accounting: • Do we buy books every week? Yes, we are continuously ordering books and other materials; then we pay for them as they are received and invoiced. Bills are paid every other week. • Encyclopedias: Costs $1000 every other year. When we get a new edition, it becomes a Reference edition; the edition that was Reference becomes a circulating edition; the old circulating copy gets recycled (In January the 2017 Edition was added to the Reference Collection; 2015 moved to the Children's Department, and 2013 was removed from the Collection). • E -Book Circulation was on the rise, but seems to have plateaued; there is still demand for physical print media. We are charged by ACL based on percentage of overall E -Book use, which was 4.5% last year. • Standing Orders: We have automatic orders set up for various items like certain Juvenile series, Large Print books, Reference books, and Collector's Books (like coins and stamps). • Single DVDs on Bill List: We don't order them individually, but sometimes portions of orders are shipped and invoiced individually (back- orders, and other reasons). • Printer /Copier Contract Service: Through Marco, costs about $157 /month for the pair of copiers; two printers have a separate service contract for $75 /month . • Payroll Under - budget: Short on part-time staff for months, and a gap in Clerk position during transition. • Books Under - Budget: It was a busy year with the move, and it was difficult to get caught up at year -end. • Electric: July- August were hard on the HVAC, with it being under vendor control (rather than Public Works), it took longer to make adjustments. Community Room side was on full blast for a while. Weidt Group and architects and building engineers designed to maximize building efficiency and advised the City of the energy costs to expect. • Gas usage is low, which is encouraging. • Are we nervous about the 8% under budget? No, Council Resolution 95 -40 established a reserve for working capital cash flow in an amount equal to 45% of the ensuing year's budgeted expenditures. During the last two budget years (2014 and 2015) the library fund (240) had a surplus at year -end, which fulfilled the established reserve. 18 o Other Revenue is from Better World Books, who buys some of our withdrawn books. Old Business: N/A New Business: • Introduction of new Trustee and Council Liaison: o Introduction of Tricia Conway, who has been very involved in the work that went into planning for the new library. Bobby Williams was absent from the meeting. • Staffing Update: o We hired four new part -time Pages in December, one has since left; citing physical difficulty of the work. • Revision of By -Laws to include new meeting time: o The change from 6:30pm to 5:30pm meeting times was unanimously approved. Items from the Floor: • Trustee Job Description: Stephen Smith wrote with the help of a template sent from the Columbia Heights HR Department. Everyone agreed with the content of the description, especially the statement that Trustees are Ambassadors for the Library. • Legacy Amendment Highlights Book: Renee distributed a copy of this for all members. It was mentioned that Legacy funds for the Columbia Heights Public Library are dispersed through ACL. • Committee Films: has narrowed its possible filming locations down to us and a few other metro libraries for a re- enactment scene for television. If selected they would film here between February 27th and March 3 "d, for one or two nights (outside of business hours). • There being no further business, the meeting was adjourned at 6:24p.m. by Patricia Sowada, and seconded. Respectfully submitted, a Nicholas P. Olberding Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF FEBRUARY 6, 2017 The meeting was called to order at 5:30 pm by Executive Director, Walt Fehst PLEDGE OF ALLEGIANCE - RECITED The Oath of Office was taken by Donna Schmitt, Robert Williams, and Connie Buesgens. Members Present: Donna Schmitt, John Murzyn, Marlaine Szurek„ Bobby Williams, and Connie Buesgens. Members Absent: Gerry Herringer Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson. Legal Counsel: Martha Ingram, Kennedy & Graven ELECTION OF OFFICERS: Nomination for President: Buesgens nominated Schmitt, and Williams nominated Szurek. Roll call for Schmitt- Buesgens and Schmitt Roll call for Szurek - Szurek, Murzyn, and Williams. Szurek is new President. Nomination for Vice President: Murzyn nominated Williams, and Schmitt nominated herself. Roll call for Williams - Murzyn and Williams Roll call for Schmitt - Buesgens, Schmitt and Szurek. Schmitt is new Vice President. Nomination for Treasurer: Schmitt nominated Buesgens, and Szurek nominated Williams. Roll call for Buesgens - Buesgens and Schmitt Roll call for Williams- Szurek, Murzyn, and Williams. Williams is new Treasurer. Motion by Szurek, seconded by Williams, to elect Szurek as President of the EDA. All ayes. MOTION PASSED. Motion by Szurek, seconded by Williams, to elect Schmitt as Vice President of the EDA. All ayes. MOTION PASSED. Motion by Szurek, seconded by Williams, to elect Williams as Treasurer of the EDA. All ayes. MOTION PASSED. Motion by Szurek, seconded by Williams, to appoint Keith Dahl as Secretary of the EDA. All ayes. MOTION PASSED. 20 EDA Minutes Page 2 February 6, 2017 Motion by Szurek, seconded by Williams, to appoint Shelley Hanson as Assistant Secretary of the EDA. All ayes. MOTION PASSED. Motion by Szurek, seconded by Williams, to appoint Joseph Kloiber as Assistant Treasurer of the EDA. All ayes. MOTIONPASSED. The meeting was then resumed under the leadership of the newly elected EDA President. CONSENT ITEMS 1. Approve the Minutes from January 3, 2017— 2. Approve the Financial Report and Payment of Bills for December 2016 on Resolution 2017- 01(A). Questions by Members: No questions or comments. Motion by Williams, seconded by Buesgens, to waive the reading of Resolution 2017 -01 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Buesgens, to approve the Minutes and Financial Report and Payment of Bills for December, 2016 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2017-01 (A) A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Month of December, 2016 and the Payment of the Bills for the Month of December, 2016. 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 statements for the month of December, 2016 has been reviewed by the EDA Commission; and 21 EDA Minutes Page 3 February 6, 2017 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 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. Passed this 7th day of February, 2017. Motion by: Williams Seconded by: Buesgens BUSINESS ITEM 1. Designation of Official Depositories for the EDA - Resolution 2017 -02 Finance Director, Joe Kloiber, explained that Minnesota statute generally requires local units of government to designate by resolution the financial institutions used as depositories by the local unit of government. The attached resolution follows the general format of the related resolution passed in previous years by the City and the HRA. Most general banking transactions of the EDA/City /HRA are conducted through Northeast Bank. Accounts are also maintained at Wells Fargo Bank of Minnesota, N.A. and U.S. Bank for certain specialized services such as payroll and debt service payments. Under this resolution, investment firms used for the pooled investments of the EDA/City /HRA must have an office in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. 22 EDA Minutes Page 4 February 6, 2016 The only material difference between this proposed resolution and the resolution adopted annually by the City Council is that the EDA resolution allows for the EDA's funds to be held in accounts under name of the City. This has always been the EDA's practice. Since the creation of the EDA in 1996, it has never had a separate checking account under its own name. All EDA expenditures since its inception have been made using checks drawn in the City's name on behalf of the EDA. The proposed resolution serves to clarify this and complies more appropriately with the By -laws. STAFF RECOMMENDATION: Staff recommends maintaining these three banking relationships - -in combination, they meet the EDA /City /HRH's current needs. Staff is currently reviewing the number of brokerage firms used for the investment pool, and will provide the Commissioners with broker updates as that review progresses. Questions from members: There were no further questions. Motion by Murzyn , seconded by Williams, to waive the reading of Resolution 2017 -002, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Murzyn, seconded by Williams, to adopt Resolution 2017 -002, being a resolution designating official depositories for the Columbia Heights Economic Development Authority. All ayes. MOTION PASSED. RESOLUTION NO. 2017-02 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, DESIGNATING OFFICIAL DEPOSITORIES. Now, therefore, in accordance with the bylaws and regulations of the Columbia Heights Economic Development Authority (the Authority), the Board of Commissioners of the Authority makes the following: ORDER OF BOARD IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories for the Authority's funds. IT IS FURTHER RESOLVED, that the funds of the Authority can be held in accounts at these depositories under the name and federal identification number of the City of Columbia Heights, Minnesota (the City), together with the funds of the City, provided that separate fund accounting records are maintained for the respective Authority and City shares of such accounts in a manner consistent with generally accepted accounting and auditing standards. 23 EDA Minutes Page 5 February 6, 2017 IT IS FURTHER RESOLVED, that the responsibility for countersigning orders and checks drawn against funds of the Authority, assigned in the Authority's bylaws to the Authority President, is hereby delegated to the City Mayor. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of the Authority on deposit with these depositories under the City's name shall be signed by the following: City Mayor City Manager City Treasurer - Finance Director and that said banks are hereby fully authorized to pay and charge said accounts for any such checks, drafts, or other withdrawal orders issued by the City on behalf of the Authority. IT IS FURTHER RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in the City's name on behalf of the Authority, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: City Mayor City Manager City Treasurer - Finance Director and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge the Authority, or the City on behalf of the Authority, for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of the Authority or City. IT IS FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of the Authority with said depositories, made directly by the Authority or by the City on the behalf of the Authority, prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. IT IS FURTHER RESOLVED, that any bank designated above as a depository, may be used as a depository for investment purposes, so long as the investments comply with authorized investments as set forth in Minnesota Statutes. IT IS FURTHER RESOLVED, that any brokerage finn with offices in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. IT IS FURTHER RESOLVED, that the funds of the Authority can be held in accounts at such brokerage firms under the name and federal identification number of the City, together with the funds of the City, provided that separate fund accounting records are maintained for the respective Authority and 24 City shares of such accounts in a manner consistent with generally accepted accounting and auditing standards. EDA Minutes Page 6 February 6, 2016 BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the Board of Commissioners of the Authority with regard to depositories or brokerage finns are superseded by this resolution. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 6th day of Februa , 2017 Offered by: Murzyn Seconded by: Williams Roll Call: All ayes President Attest: Assistant 2. EDA Bylaws Amendment After reviewing the Columbia Heights Economic Development Authority (the "EDA ") bylaws, staff has become aware of outdated language specifically in regards to the election of an Assistant Treasurer. The Assistant Treasurer is an EDA position that is supposed to be elected annually; however the Assistant Treasurer has always been the Finance Director of Columbia Heights. Instead of electing an Assistant Treasurer annually, staff proposes that the EDA bylaws be amended to permanently appoint the duties of the Assistant Treasurer to the Finance Director of Columbia Heights. Attached please find the amended and restated bylaws of the EDA. Members were provided with a copy of the bylaws showing all proposed language changes in the EDA bylaws that were marked with an underline for an addition or a seat to indicate a deletion. Staff recommends approving the Amended and Restated Bylaws of the EDA as presented. Questions from members: Schmitt questioned whether the EDA appointments must be approved by the City Council. She questioned the transition of members in January and whether the old members should have been at the first meeting of 2017 since the Council members appointed to the EDA serve the same term as their Council seat. The confusion of this issue was because the EDA meeting was held prior to the City Council meeting where the newly elected members usually take their oath of office. However, Buesgens and Schmitt took their oath of office prior to that meeting. 25 EDA Minutes Page 7 February 6, 2017 Ingram told members that the By -laws and Enabling Resolution to create the EDA states that the City Council must approve the new commission members according to the Mayor's appointment. Hogeboom told members that action was taken by the City Council at the January 9th meeting which was held after the January EDA meeting. Therefore, the EDA members from 2016 were still active per legal counsel. Motion by Williams, seconded by Murzyn, to waive the reading of Resolution 2017 -03, there being ample copies available to the public. All ayes. MOTIONPASSSED. Motion by Williams, seconded by Buesgens, to adopt Resolution 2017 -03, a resolution approving an amendment to the bylaws of the Columbia Heights Economic Development Authority. All ayes. MOTION PASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2017 -03 RESOLUTION APPROVING AMENDMENT OF BYLAWS Section 1. Recitals. 1.01. The Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") has considered proposed certain amendments to its Bylaws. 1.02. Article IV, Section 6 of the Bylaws provides for amendments to the B, laws by majority vote of the Board at any regular or special meeting of the Authority. 1.03. The Board has determined that it is reasonable, expedient and in the best interest of the public to amend Article II, Sections 1 and 7 of the Bylaws to designate the City Finance Director as Assistant Treasurer of the Authority, and to amend Article I1I, Section 1 of the Bylaws to update the regular meeting dates of the Authority Board. Section 2. Approval of Amendment to Bylaws. The Authority hereby approves the amendment to its Bylaws in the form attached to this Resolution as Exhibit A. Adopted by the Columbia Heights Economic Development Authority this 6th of February, 2017. President ATTEST: Assistant Secretary 26 EDA Minutes Page 8 February 6, 2017 EXHIBIT A AMENDED AND RESTATED BYLAWS OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I - THE AUTHORITY Section 1. NAME OF AUTHORITY. The name of the Authority is the "Columbia Heights Economic Development Authority." Section 2. OFFICE OF AUTHORITY. The offices of the Authority are at City Hall in the City of Columbia Heights, Minnesota. The Authority may hold its meetings at such other place or places as it designates by resolution. Section 3. COMMISSIONERS. The Authority is governed by seven commissioners appointed in the manner prescribed by City Council Resolution No. 96 -01, as amended (Enabling Resolution) and Minnesota Statutes, Sections 469.090 to 469.1081 (Act). Section 4. OFFICIAL SEAL. The Authority shall have an official seal, which shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. ARTICLE II - OFFICERS Section 1. OFFICERS. The officers of the Authority are the President, the Vice - President, the Secretary, the Treasurer and the Assistant Treasurer. The President, Vice President, Treasurer and Secretary shall be elected annually. No commissioner may serve as President and Vice President at the same time. The offices of Secretary and Assistant Treasurer need not be held by a commissioner. Section 2. PRESIDENT. The President presides at meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the President signs contracts, deeds and other instruments made by the Authority. At each meeting, the President may submit recommendations and information concerning the business, affairs and policies of the Authority. At the annual meeting, the President must submit to the Authority a report summarizing the activities and programs of the Authority for the past year and containing the President's recommendations for Authority activities for the ensuing year. Section 3. VICE - PRESIDENT. The Vice - President performs the duties of the President in the absence or incapacity of the President; and in case of the disability or absence of the President, or in the case of a vacancy in the office of President, the Vice - President performs the duties of the President until a successor has been appointed and qualifies. 27 EDA Minutes Page 9 February 6, 2017 Section 4. SECRETARY. The Secretary performs the duties of a secretary for the Authority. Section 5. TREASURER. The Treasurer has the duties given by the Act. Section 6. EXECUTIVE DIRECTOR. The Columbia Heights City Manager is the Executive Director of the Authority and has general supervision over the administration of its business and affairs subject to the direction of the Authority and signs contracts, deeds and other instruments made by the Authority. The Executive Director is responsible for the management of the projects and general affairs of Authority under the direction of the Commissioners. Section 7. OTHER ADMINISTRATIVE OFFICERS. Subdivision 1. Assistant Secretary. The Authority may designate an assistant to the Secretary to keep the records of the Authority, record the meetings of the Authority in a journal of proceedings to be kept for that purpose and to perform the duties of secretary under the direction of the Secretary. The assistant must keep in safe custody the seal of the Authority and may affix the seal to contracts and instruments authorized by the Authority. Subd. 2. Assistant Treasurer. The Columbia Heights Finance Director of the City is the Assistant Treasurer of the Authority. The Assistant Treasurer of the Authority has custody of funds of the Authority. The Assistant Treasurer must deposit the funds in the name of the Authority in a bank or banks selected by the Authority. The Executive Director and the Assistant Treasurer must sign orders and checks for the payment of money and pay out and disburse such monies under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, orders and checks must also be countersigned by the President. The Assistant Treasurer must keep regular books of accounts showing Authority receipts and expenditures and render to the Authority, at the annual meeting (and when requested by the Authority), an account of the financial condition of the Authority. Subd. 3. Deputy Executive Director. The Columbia Heights Community Development Director is the Deputy Executive Director and performs such duties and services as specified by the Executive Director, subject to direction of the Authority. In the absence or incapacity of the Executive Director, the Deputy Executive Director may sign contracts, deeds and other instruments made by the Authority. Section 8. COMBINING ADMINISTRATIVE OFFICES. Administrative offices may be combined. 28 EDA Minutes Page 10 February 6, 2017 Section 9. ADDITIONAL DUTIES. The officers of the Authority perform other duties and functions as may from time to time be required by the Authority, these bylaws or the rules and regulations of the Authority. Section 10. VACANCIES. If the office of President, Vice - President, Treasurer, or Secretary becomes vacant, pursuant to Minnesota Statutes 351.02 or by other provisions of law, the Authority must elect a successor at the next regular meeting or at a special meeting called for that purpose. The successor serves for the unexpired term of the office. ARTICLE III - MEETINGS Section 1. REGULAR MEETINGS. Monthly meetings are held at the regular meeting place of the Authority on the first Monday of each month at 6:30 p.m. unless that date is a legal holiday, in which case the meeting will be held on the next succeeding business day. In the event the date /time /meeting place of a particular meeting must be changed, the Executive Director may make such change deemed necessary by notifying all Commissioners of the revised meeting time and date in accordance with the procedures for a special meeting. Section 3. SPECIAL MEETINGS. Special meetings of the Board of Commissioners may be called by the President, two members of the Board of Commissioners, or the Executive Director for the purpose of transacting any business designated in the call. The call (including location of meeting) for a special meeting must be delivered to Commissioners at least two days before the meeting, and notice of the meeting must be posted in the Authority's offices at least three days before the meeting. At a special meeting, no business may be considered other than designated in the call, but if all the members of the Authority are present at a special meeting any business may be transacted at such special meeting by unanimous vote. Section 4. QUORUM. The powers of the Authority are vested in the commissioners in office from time to time. Four commissioners constitute a quorum for the purpose of conducting business, but a smaller number may adjourn from time to time until a quorum is present, and when a quorum is not present, a smaller number may adjourn the meeting. Section 5. ORDER OF BUSINESS. The following is the order of business at regular meetings of the Authority. 1. Roll call. 2. Approval of minutes of the previous meeting. 3. Management Report. 4. Consent. 5. All other items. 6. Adjournment. 29 EDA Minutes Page 11 February 6, 2017 Section 6. RESOLUTIONS: CONDUCT. Upon direction of the President, or the motion by two members of the Board of Commissioners, resolutions must be in writing and placed in the journal of the proceedings of the Authority. The meeting will be conducted in accordance with Roberts Rules of Order, Revised. Section 7. MANNER OF VOTING. Voting on questions coming before the Authority must be entered in the minutes of the meeting. When a quorum is in attendance, action may be taken by the Authority upon a vote of the majority of the commissioners. ARTICLE IV - MISCELLANEOUS Section 1. FISCAL YEAR. The fiscal year of the Authority shall be the same as the City's fiscal year. Section 2. TREASURER'S BOND. The Treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the Authority and filed with the Secretary and must be for twice the amount of money likely to be on hand at any one time as determined at least annually the Authority, provided, however, that the bond must not exceed $300,000. Section 3. REPORT TO CITY. The Authority shall annually, at a time designated by the City, make a report to the City Council giving a detailed account of its activities and of its receipts and expenditures for the preceding calendar year. The Authority shall, at the City's request, make available all records necessary to conduct an audit of the Authority's finances. Section 4. BUDGET. The Authority shall annually send its budget to the City Council which budget includes a written estimate of the amount of money need by the Authority from the City in order for the Authority to conduct business during the upcoming fiscal year. Section 5. SERVICES. The Authority may contract for services of consultants, agents and others as needed to perform its duties and to exercise its powers. The Authority may also use the services of the City Attorney or hire a general counsel, as determined by the Authority. The Authority may not hire temporary or permanent employees without prior approval of the City Council. Section 6. AMENDMENTS amended only with the approval of a special meeting called for that purpose. TO BYLAWS. The bylaws of the Authority may be t least four commissioners at a regular meeting or at a Amended Bylaws Approved: February 6 , 2017. 30 EDA Minutes Page 12 February 6, 2017 3. Right of Reverter Clause for property located at 4647 Polk Street NE- Resolution 2017 -04. As requested by Steve and Katherine Pepple (the "Pepples "), on January 3, 2017, the Columbia Heights Economic Development Authority (the "EDA ") directed staff to proceed with exercising the right -of- reverter, pursuant to the Purchase and Redevelopment Agreement (the "Agreement ") dated August 28, 2014 for the construction of a single - family, owner- occupied home at 4647 Polk Street NE (the "Property "). Staff sent out a 30 -day written notice to the Pepples on January 6, 2017. The written notice obligated the Pepples to obtain a building permit for an approved house plan by 3:30 PM on February 6, 2017 or the EDA would re -enter and take back possession of the Property. Since the Pepples requested that the EDA purchase the Property back, they have let the 30 -day written notice expire. The EDA may now take back possession of the property and reimburse the Pepples $6,144.26 for the Property. This amount was previously determined at the EDA meeting on January 3, 2017 by deducting one plan review fee of $1,355.74 from the original purchase price of $7,500. A commitment will be completed for title insurance to verify that the Property has not been encumbered by mortgages liens, and/ or home equity loans. The cost of title insurance will be deducted from the sale price of the Property once the EDA sells the lot to a developer. Staff anticipates that the Property would sell to a state licensed home builder for about $20,000 - $25,000. For the consideration of the EDA at this meeting is Resolution 2017 -04 that approves the right - of- reverter, cancels the Agreement with the Pepples, and adds the Property back into the Single Family Home Lot Sales Program, all subject to the receipt of a commitment for title insurance that is satisfactory to staff and legal counsel. Staff recommends approving Resolution 2017 -04 as presented. Question from members: Szurek asked if the Pepples are aware of the amount they are being refunded. Dahl said they are satisfied with the amount. He told members he can't market it yet until we actually get it back, but he hopes to re -sell the property for $20,000425,000 since prices have gone up. He went on to explain that this Resolution will take care of all actions necessary to take the property back and to sell it again under the City's housing program. Ingrain told members that they did get the title work back and the property is free of any liens or encumbrances. 31 EDA Minutes Page 13 February 6, 2017 Motion by Schmitt, seconded by Williams, to waive the reading of Resolution 2017 -04, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Schmitt, seconded by Williams, to adopt Resolution 2017 -04, Resolution approving the cancellation of the purchase and redevelopment agreement between the Columbia Heights Economic Development Authority and Katherine and Steve Pepple. All Ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2017-04 RESOLUTION APPROVING CANCELLATION OF PURCHASE AND REDEVELOPMENT AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND KATHERINE AND STEVEN PEPPLE BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority and Katherine and Steven Pepple (the "Buyer ") previously entered into a Purchase and Redevelopment Agreement dated August 4, 2014 (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property located at 4647 Polk Street and described as Lots 25 and 26, Block 1, Sheffield's Second Subdivision to Columbia Heights, Anoka County, Minnesota (the "Property"), and the Authority conveyed the Property to the Buyer pursuant to the Contract. 1.02. Pursuant to the Contract, the Buyer was required to construct a single family home, subject to the City's zoning and building codes and policies, within one year after closing on the conveyance of the Property. If the Buyer failed to meet this deadline, the Contract provided that the Authority could, upon 30 days' notice to the Buyer, exercise its right of reverter and reacquire the Property. 1.03. The Buyer has failed to construct the single family home as required under the Contract, and the Authority sent written notice of default to the Buyer on January 4, 2017, informing the Buyer of its right to exercise its right of reverter. The Buyer has agreed to convey the Property back to the Authority. 1.04. The Authority finds that exercise of its right of reverter, cancellation of the Contract, and the addition of the Property to the Authority's Residential Lot Sales Program (the "Program ") for the purpose of remarketing the Property to other potential buyers are in the public interest and in the best interest of the Authority and City, because these actions will allow the Property to be made available for private development under a duly approved housing program and will further the City's housing goals. Section 2. Authority Approval; Further Proceedings. EDA Minutes Page 14 February 6, 2017 2.01. The Board hereby approves exercise of its right of reverter and reacquisition of the Property via a warranty deed from the Buyer, cancellation of the Contract, and the addition of the Property to the Program, all subject to receipt of a commitment for title insurance and verification by Authority's legal counsel that no liens exist against the Property that would have a detrimental effect on the Authority's ownership interest in the Property. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the cancellation of the Contract and any documents related to reacquisition of the Property requiring execution by the Authority. 2.03. Authority and City staff are authorized and directed to take all actions to add the Property to the Program and to market the Property pursuant to the Program guidelines. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 01' day of February, 2017. President ATTEST: Assistant Secretary 4. Third Amendment — ACCAP Purchase Agreement for EDA Acquisition of 4641 -43 Polk St- Resolution 2017 -05. Dahl explained that previously, the Columbia Heights Economic Development Authority (EDA) approved a Second Amendment to the Purchase Agreement on November 7, 2016 to extend the closing date to December 30, 2016. However, due to more unanticipated delays, ACCAP is requesting the closing date be extended again. For the EDA consideration at this meeting is a Third Amendment to the Purchase Agreement, which extends the closing for the sale of the Property to take place on or before March 31, 2017. ACCAP intends to close on the Property as soon as an extension is granted. Staff recommends the approval of Resolution 2017 -05, a resolution approving the Third Amendment of a Purchase Agreement that will extend the closing date of the Property to take place on or before March 31, 2017. Questions from members: There were no questions or comments regarding this matter. Motion by Williams, seconded by Buesgens, to waive the reading of Resolution 2017 -05, there being ample copies available to the public. All ayes. MOTIONPASSED. 33 EDA Minutes Page 15 February 6, 2017 Motion by Williams, seconded by Murzyn, to adopt Resolution 2017 -05, a resolution approving a Third Amendment of a Purchase Agreement between the Columbia Heights Economic Development Authority and Anoka County Community Action Program. All ayes. MOTION PASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 2017-05 RESOLUTION APPROVING A THIRD AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: Section 1. Recitals. 1.01. The Authority currently administers the Downtown CBD Redevelopment Project (the "Project ") within the City of Columbia Heights (the "City "), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended. 1.02. The Authority and Anoka County Community Action Program, Inc. (the "Seller ") executed a Purchase Agreement, dated as of May 26, 2016 (the "Agreement "), providing for the conveyance by the Seller to the Authority of certain property within the Project and City legally described as follows: That part of Lot 23 lying north of the South 20 feet of the SD Lot 23 and Lot 24, Block 1, Sheffields 2 n Subdivision, County of Anoka, State of Minnesota (the "Property"). 1.03. On August 31, 2016, the parties entered into a First Amendment to the Purchase Agreement (the "First Amendment ") to extend the deadline for conveyance of the Property. 1.04. On October 28, 2016, the parties entered into a Second Amendment to the Purchase Agreement (the "First Amendment ") to fw-ther extend the deadline for conveyance of the Property. 1.05. The parties have negotiated and propose to execute a Third Amendment to the Agreement (the "Third Amendment ") to further extend the deadline for the conveyance of the Property. 34 EDA Minutes Page 16 February 6, 2017 Section 2. Third Amendment Approved. 2.01. The Third Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Third Amendment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Third Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 6th day of February, 2017. ATTEST: Assistant Secretary President THIRD AMENDMENT TO PURCHASE AGREEMENT This Third Amendment to Purchase Agreement ( "Amendment ") is made this 6 day of February, 2017 by and between Anoka County Community Action Program, Inc., a Minnesota nonprofit corporation (the "Seller ") and the Columbia Heights Economic Development Authority, a Minnesota public body corporate and politic (the "Buyer "). WHEREAS, the Seller and the Buyer entered into that certain Purchase Agreement dated as of May 26, 2016 (the "Agreement ") providing for the conveyance by the Seller to the Buyer of certain property at 4641/4643 Polk Street located in the City of Columbia Heights, Anoka County, Minnesota and legally described as follows: That part of Lot 23 lying north of the South 20 feet of the SD Lot 23 and Lot 24, Block 1, Sheffields 2nd Subdivision, County of Anoka, State of Minnesota (the "Property "); and WHEREAS, on August 31, 2016, the parties entered into the First Amendment to Purchase Agreement in order to extend the closing date to October 31, 2016 (the "First Amendment "); and 35 EDA Minutes Page 17 February 6, 2017 WHEREAS, on October 28, 2016, the parties entered into the Second Amendment to Purchase Agreement in order to extend the closing date to December 30, 2016 (the "Second Amendment'); and WHEREAS, due to unanticipated delays, the parties have determined to further extend the deadline for closing on the conveyance of the Property. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Amendment to Paragraph 7 of the Agreement. Paragraph 7 of the Agreement is amended as follows: CLOSING DATE. The closing of the sale of the Property shall take place on or before March 31, 2017 unless otherwise mutually agreed by the parties. The closing shall take place at Columbia Heights City Hall, located at: 590 40a' Avenue NE in Columbia Heights, Minnesota or such other location as mutually agreed upon by the parties. 2. Miscellaneous. Except as amended by this Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment to Purchase Agreement as of the date written above. SELLER ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. By: Its: BUYER COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Its: President By: Its: Executive Director EDA Minutes Page 18 February 6, 2017 OTHER BUSINESS: DISCUSS OPTIONS FOR REFUNDING (REFINANCING) THE EDA 2007 LIQUOR STORE BONDS Kloiber explained that in 2007, the EDA issued $5 million of revenue bonds to finance the construction of two new liquor stores. The EDA owns the two buildings constructed, and leases the buildings to the City in exchange for lease payments equal to the EDA's bond payments. The City owns the underlying land. Those 2007 EDA bonds are now eligible for refunding (refinancing). The remaining $3.4 million of the 2007 bonds that is still outstanding is scheduled to be paid through the year 2030. The 2007 bonds have an interest rate of approximately 4.9 %. Interest rates of approximately 2.6% are currently available, depending on the type and terms of the refunding bonds issued. Kloiber reviewed the available refunding options with the EDA /City's bond advisor, Ehlers and Associates, and presented an overview of these options to the Commissioners. He said the first decision is how to re- finance the Liquor Store Bonds that became eligible last week. He told members the EDA could ref - finance the Lease Revenue Bond at 3.1 % for a savings of approximately $400,000, or the City could go with a General Obligation Bond with an interest rate of 2.6% for a savings of about $700,000. He recommended that the refunding bonds be issued by the City instead of the EDA, in order to obtain the more favorable interest rate available to the City's general obligation bonds, as compared to the EDA's revenue bonds. In addition to the Liquor Bonds, the Public Safety Building Bonds are coming up for re- financing in the fall of 2017 or we could do an advance re- financing and do both of them at the same time. The advance re- financing does cost more than if we wait till they become eligible in the fall. But if interest rates rise, it may save more than what the additional costs would be to do it now. Since we don't know what interest rates will do, it is a risk that the Council will have to discuss and decide on. Fehst thought we should take advantage of the low interest rates we have in place now, not knowing how much they may increase as the economy improves. The final thing to consider is the City has been building up a Reserve Fund as part of their five year plan. It was anticipated that long tern we would use part of that fund when the Public Safety funds became eligible to pay off some of the bonds to reduce the debt level. There currently is about 2 million dollars in the Reserve account. The EDA/Council needs to decide what it wants to do with that amount. Kloiber said the decision may be to use it as originally planned or for a new City Hall building located near the Library. We could then sell the existing building and it could become an EDA Redevelopment Project. 37 EDA Minutes Page 19 February 6, 2017 Kloiber said he will work with Ehlers to firm up the options the City has regarding these three issues. He said he understands the general consensus of the EDA is to move forward with re- financing the Liquor Bonds with General Obligation Bonds and to move forward with the transfer of ownership of the buildings to the City in exchange for the City paying off the EDA bonds. He said there isn't much risk if the City takes ownership of the buildings and bonds since in a worst case scenario that the Liquor stores were closed there still is 2.5 million in inventory plus the three properties that could be sold which would be able to pay down the 3.5 million dollar debt. Even if it takes a while to sell the buildings, Ehlers said the City is in the position of coming up with other funds to pay for the bonds in an emergency to avoid defaulting on the bonds. Schmitt asked if the EDA would have to give ownership of the Liquor stores to the City before the process to re- finance the Bonds could start. Ingram said the EDA has collateral ownership anyways, so it shouldn't matter, and could be done all at once. Buesgens suggested holding a mini goal setting session to discuss the use of the 2 million dollar reserve fund prior to the target date for re- financing of May. Fehst and Kloiber said they will get the options from Ehlers during the next month and then a meeting will be scheduled to discuss the refinancing options and the use of the reserve funds. 2. DISCUSSION REGARDING MEMBERSHIP OF THE EDA Commission member Schmitt requested a discussion regarding membership requirements for the number of council members that must be on the EDA and if there are requirements that address non - resident members. Martha Ingram prepared a memo to the members that explained the established bylaws of the EDA and the flexibility allowed under them. It was noted that there must be 7 members total, that at least two have to be councilmembers, but no more than five. She also noted that there is no residency requirement for eligibility to serve on the EDA Commission. Schmitt stated she would like to see other residents with business backgrounds be included as members of the EDA, especially those with Community or Economic Development experience. Schmitt said that the City received an application from a Mr. Kaiser who has a background in this field and would like to see hire appointed to the vacant EDA seat rather than waiting for the new Council member to be appointed. She suggested appointing the new council member as an alternate. Ingram told members that an alternate would not be able to vote on issues. 38 EDA Minutes Page 20 February 6, 2017 Ingram then told members that the Enabling Resolution mirrors the language of the EDA Act so there is no need to make any changes to the By -Laws if they wish to appoint a person other than a council member. She explained that several cities allow business owners to sit on their EDA's especially in out -state areas. Szurek asked if we could change the number of members from 7 to 9. Ingram said we could, but she isn't aware of any EDA's that have more than that. Hogeboom and Dahl spoke of the Business Council that is an off shoot of the Chamber. They said that interest in it has waned but maybe participants from that group could be tapped to serve on some type of task force that would make recommendations to the EDA if the EDA is interested in forming this type of committee. Kloiber said if the EDA changes so that City Council members don't make up the majority (4 persons) it would have an impact on the Annual Financial Reports. Hogeboom told members that staff will come back next month with some scenarios to consider. 3. 2017 STRATEGIC PLANNING DISCUSSION Dahl explained that throughout 2016, the Economic Development Authority (EDA) has accomplished several projects and objectives. The purpose of this report is to review and discuss the EDA's accomplishments in 2016, but also to determine the projects and objectives that the EDA would like staff to focus on in 2017. Highlights of 2016 accomplishments include, but not limited to the following: 2016 EDA Accomplishments • Completed the development of the Library on the Mady's property. • Facilitated redevelopment on the corner of University Avenue NE and 37th Avenue NE with the development of the Legends of Columbia Heights in an effort to complete the Huset Park redevelopment project initiated back in 2005 (One undeveloped parcel remains on the corner of Huset Parkway and Jefferson Street). • Leveraged funds through the Legends of Columbia Heights development for the completion of a trail and fencing along the east side of University Avenue NE between 40th Avenue NE and 37th Avenue NE. • Completed a voluntary groundwater monitoring report in Huset Park for the MPCA. • Stimulated the redevelopment opportunity of the Central Valu Center by establishing a TIF district and entering into a Contact for Private Redevelopment with Hy -Vee for a grocery store to be located in Columbia Heights once again. 39 EDA Minutes Page 21 February 6, 2017 Sold the remaining lots in the Scattered Site TIF District Housing Program. Initiated the Single Family Home Lot Sales Program and sold 5 of 6 lots that were available. Now, as the EDA looks ahead to 2017, staff seeks to facilitate discussion about what projects, programs, and objectives commission members desire to see initiated and/ or completed in 2017. First, staff would like to review the fund balances of several accounts that the EDA utilizes to accomplish its initiatives. The figures below are estimations and subject to change as the year- end fund balances have not been finalized for all the accounts. • Fund 213, Parkview Villa South -an HRA Account $ 1,000,000 Must be used for Housing Redevelopment • Fund 226, Special Projects Revenue -Used by EDA, CD, Public Wks. $ 675,000 Use for something pertinent to all 3 depts. (i.e. street scaping) • Fund 371, TIF T4 Kmart/ Central Ave - Heritage Hts. area $ 400,000 For Grand Central and Heritage Hts. Area Development • Fund 376, TIF A3,C7,C8 Scattered Site District- Residential only $ 190,000 Must be for Income Qualified Buyers • Fund 420, CAP Improvement Development: $ 950,000 There is still $304,000 owed to us. The list below provides a starting point for the discussion tonight. Staff highly encourages the EDA commission members to provide feedback and propose changes to the following 2017 proposed projects, programs, and objectives: 2017 Proposed Projects, Progyrams and Objectives • Develop and initiate a business retention and expansion program to assist the Columbia Heights business community. • Land acquisition of residential properties located in commercial zoning districts along Central Avenue. (Supporting Map Attached) • Land acquisition and initiate redevelopment of the Root Property located on the corner of 40th Avenue and University Avenue. Anoka Co. will accept applications /presentation for CDBG funds on Feb. 14"' and will make their decision in March. The City would get notice of final funding in June. • Finalize the closing of the ACCAP property located at 4641 -43 Polk Street NE. • Demolish the structures located at 4201 Jefferson Street NE and 4641 -43 Polk Street NE, and add both properties to the Single Family Home Lot Sales Program. • Reacquire and add 4647 Polk Street to the Single Family Home Lot Sales Program. 40 EDA Minutes Page 22 February 6, 2017 • After the remaining lots sell (4641 Tyler Street NE, 4647 Tyler Street NE, 4641 Polk Street NE, 4647 Polk Street NE, and 4201 Jefferson Street NE) in the Single Family Home Lot Sales Program, discontinue the program until more lots are acquired. • Determine a fund source and create a housing rehabilitation grant or low to no interest loan program for exterior remodels and/ or interior renovations. Discussion: There was also a discussion regarding non - conforming homes along Central Avenue. The EDA would like staff to reach out to owners between 37t` and 45th to see who may be interested in selling their properties, or to pursue the first right of refusal. Dahl said he would prepare a letter and an inventory list of the non - conforming properties, with owner information, estimated market values, etc. and provide this to the members at the next meeting. Dahl asked members to think about whether they want to continue purchasing residential properties for demolition or for rehab, or to change the focus to business retention and expansion funding. He said this is something else to be discussed at the goal setting session. The soonest we can probably schedule this meeting would be in April after the new council member is appointed, however no date was established at this meeting. Buesgens asked where the proceeds from the Library sale go. Dahl said the 420 account would be reimbursed then the rest goes to the City. The meeting was adjourned at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary 41 MINUTES OF PLANNING AND ZONING COMMISSION FEBRUARY 7, 2017 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Michael NoN itsky was sworn in as the new Planning & Zoning Commissioner. Commission Members present- Hoium, Novitsky, and Szurek Members Absent: Fiorendino and Schill Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of January4, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0201 APPLICANT: Venture Pass Partners LLC LOCATION: 4707 Central Avenue REQUEST: Site Plan Approval Holmbeck stated that Venture Pass Partners, LLC has applied for Site Plan Review on behalf of Hy -Vee Inc., for the vacant parcel located at 4707 Central Avenue NE., Columbia Heights, MN 55421. The applicant will be re- platting the property to allow for a convenience store to be built on the south parcel and a future restaurant on the north parcel. The proposal includes a 4,500 square foot convenience store with gasoline sales and a coffee shop with a drive -up. There will be 12 gasoline dispenser positions on the site. Additionally, a number of exterior site improvements are proposed including a retaining wall along the east side of the parcel boundary and landscape improvements throughout the site. Holmbeck went on to explain that the applicant is currently searching for a tenant for the north end of the vacant property to be redeveloped at a later date. As of now, the applicant is looking at potential tenants that would be considered fast food or fast casual dining. Site plans for the northern end of the site will be brought to the Planning and Zoning Commission once a tenant is secured and formal elevations and site plan documents can be drawn up. A narrative was provided by the applicant. ZONING ORDINANCE The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. The Comprehensive Plan designates areas that are next to public transit to be used for mixed use development with convenient pedestrian access. P & Z Minutes Page 2 February 7, 2017 The proposed development will enhance the pedestrian connection from Central Avenue to the neighborhoods to the east. There are existing transit stops located on both sides of the street on the corner of 47th and Central Avenue. To the north, the pedestrian bridge spans across Central Avenue at 49th Avenue connecting Central Avenue to the City's main education facilities. The proposed commercial development will help to calm the vehicular traffic in the area by providing a more close up, street presence. Holmbeck told members that the City recently secured a grant to fund a pedestrian safety improvement project along the Central Avenue Corridor from 47th Avenue to the City's northern boundary at 51St Avenue. This grant will include funding for landscaping, street lighting and sidewalk improvements. The proposed commercial development in combination with the City's grant initiative along this stretch of the corridor will help to provide a welcoming pedestrian accessible environment and reduce pedestrians crossing at inappropriate locations. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" 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 minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building does not meet this guideline as it is located 130'.feet ftom the property line along Central Avenue. The Design Guidelines do allow for exceptions in the cases where topography or other physical conditions would prevent parking areas from being located to the rear of the building. In this case due to the proposed use being a gas station where the primary function is the fuel station, the pumps are located right off Central Avenue. In addition, there is a drive -up for the proposed attached coffee shop which needed to be located along the rear of the building. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building meets this guideline. The building is articulated into smaller increments which define the different elements of the store (coffee shop and gas station). • Building height shall be a minimum of 22 feet. The proposed building meets this guideline with elevations which are staggered. The building will be 20' at the lowest fa(ade, 22 ' at the medium facade height and 24'8 " at the highest facade. 43 P & Z Minutes Page 3 February 7, 2017 • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposedplan meets this guideline on the front and sides of the building, however there is only one window shown on the rear side of the building. This window is for the coffee shop drive thru. • The building should have a well - defined front facade with primary entrances facing the street. The proposed building will have a well - defined front facade, with the primary entrance facing Central Avenue. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, coincide with the company's recognizable grocery and coffee shop brand, and should complement the surrounding area. • No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of ivory (beige) and Kansas (red) colored brick. There will be grey aluminum storefront framing, throughout the entire building. Starbucks will have a dark Grey and brown fagade. Tlie plan also shows an accent awning /window covering to be green. • All buildings should be constructed of high - quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any facade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed primarily of brick. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal meets the intent of this guideline. The proposal includes ornamental cornices, warm toned brick, and contrasting warm neutral tones of colored brick. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The pr oposed landscape plan includes a variety of canopy and understory trees, shrubs, and perennials and grasses to be planted around the perimeter of the site, which meets the City's Landscaping requirements and willprovide adequate screening. The larger, taller trees will be planted along the south and east side of the property to screen the building and parking areas from the adjacent residential uses. 44 P & Z Minutes Page 4 February 7, 2017 SITE PLAN 1. Parking The proposed plan identifies 29 parking stalls for the gas station and coffee shop part of the site. Staff believes this number is adequate, as it meets the minimum zoning requirement. For convenience facilities, the Zoning Code requires 6 spaces plus 1 parking space per 300 sq. ft. of gross floor area (total of 21). The proposal identifies future proposed parking for the north property which will be subject to parking requirements once a tenant is established. 2. Access The site will be served by two access points off Central Avenue. One entrance currently exists, off Central Avenue on the north end of the site, and the second is onto 47th Avenue servicing the south end of the site. MNDOT has received the plans and a review is pending. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. There will be canopy and understory trees, shrubs, and perennials and grasses to be planted around the perimeter of the site, which meets the City's Landscaping requirements and will provide adequate screening. 4. Lot Dimension, Height and Setback Requirements The proposed plan does not have specific requirements called out in the ordinance, as the property is Zoned Mixed Use. Properties with this zoning designation do not have specific setback or dimensional requirements. This is in order to remain flexible for development proposals. Staff believes the proposal does show reasonable setback, height and dimensional information. 5. Other The proposal includes a preliminary rendering for a monument sign, and wall signage. However, signage will be addressed when the property owner or tenant applies for a Sign Permit at a later date. Signage must be consistent with Design Guidelines and with City Code. Unless a Conditional Use Permit is required, the sign permit process is handled administratively by Community Development Staff. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area for Mixed Use Development. Staff believes the proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. 45 P & Z Minutes Page 5 February 7, 2017 d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan for meets all the general development standards outlined in the Zoning Code and achieves the majority of the Design Guidelines outlines previously. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommended approval of the proposed Site Plan for the Hy -Vee Convenience Store to be located at 4707 Central Avenue NE. Questions from members: There were no questions. Public Hearing Opened. Paul Biernat from 1070 Grandview Court #306 wanted to express the concerns of the homeowner's association and himself about the type of retaining wall that may be used. He hopes they will use the same boulder wall design that is currently used along the east side of the development. Dale Parks, an Engineer from Westwood Professional Services, and is working with Hy -Vee on this project, was present to answer questions. He said their plans for the wall are preliminary at this time. He said they will most likely use some type of stone or matsuri ball materials for the wall that will be designed by a Licensed Engineer. This will be submitted to staff at a later date. Szurek asked Mr. Parks whether the sign was going to be a monument sign or a pedestal sign. She said the plan submitted was unclear on this matter. Parks said the rendering was only meant to reserve a space for the sign and that they are aware that they will need to submit a plan for approval for this at a later date. Parks said they have not discussed the signage with staff as of this time. Szurek said she thought the building will look very nice and fit in with the City's Design Guidelines. Parks said they have similar structures in Brooklyn Park and Oakdale. Public Hearing Closed. 46 P & Z Minutes Page 6 February 7, 2017 Motion by Hoium , seconded by Novitksy, to waive the reading of Resolution No. 2017 -PZ02, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Novitksy, to adopt Resolution No. 2017- PZ02, being a resolution approving a Site Plan, for the proposed Hy- Vee Convenience Store, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. The proposed building requires afire suppression system. A permit will need to be submitted to the Building Official prior to construction. 3. The applicant will be responsible for installing two new stop signs at each of the driveway exits (47Th Avenue and Central Avenue). 4. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 5. There shall be no deliveries, loading or unloading ofgoods and materials between the hours of 10:00 pm and 6:00 am. 6 All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 7. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Recognizing that the property has a significant grade change, any rooftop equipment will need to be adequately screened from the adjacent residential to the east. Plans detailing how any rooftop units are to be screened must be submitted with the building permit. 8. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated January 25`h, 2017. 9. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 10. Site and elevation plans included in this submittal, shall become part of this approval. 11. Any requirements outlined by the Minnesota Department of Transportation must be met ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 12. All other applicable local, state, and federal requirements shall be met at all times. All ayes. MOTIONPASSED. RESOLUTION NO. 2017 — PZ02 A Resolution of the Planning and Zoning Commission approving a Site Plan for the construction of a Convenience Store on the vacant parcel located at 4707 Central Avenue NE. Whereas, a proposal (Case #2017 -0201) has been submitted by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. to the Planning and Zoning Commission, requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. 47 P & Z Minutes Page 7 February 7, 2017 THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a Convenience Store with gasoline sales, and a Coffee Shop with drive up service on the vacant parcel located at 4707 Central Avenue NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 7, 2017; Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City staff regarding the effect of the proposed Site Plan 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, the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. Further, be it resolved, that the attached conditions, snaps, and other information shall become part of this permit and approval; and in granting this pen-nit 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. CONDITIONS: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. The proposed building requires a fire suppression system. A permit will need to be submitted to the Building Official prior to construction. 3. The applicant will be responsible for installing two new stop signs at each of the driveway exits (47 "' Avenue and Central Avenue). 4. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 5. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pin and 6:00 am. 6. All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 7. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Recognizing that the property has a significant grade change, any rooftop equipment will need to be adequately screened from the adjacent residential properties to the east. Plans detailing how any rooftop units are to be screened must be submitted with the building permit. 8. The applicant shall meet the requirements outlined in the attached report from the Public Works Director, /City Engineer, dated January 25`11, 2017. 9. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 10. Site and elevation plans included in this submittal, shall become part of this approval. 11. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 12. All other applicable local, state, and federal requirements shall be met at all times. 48 P & Z Minutes Page 8 February 7, 2017 Passed this 7th day of February, 2017 Offered by: Hoiuin Seconded by: Novitsky Marlaine Szurek, Chair Roll Call: All ayes Shelley Hanson, Secretary CASE NUMBER: 2017 -0202 APPLICANT: Venture Pass Partners LLC LOCATION: 4707 Central Avenue REQUEST: Preliminary Plat Holmbeck stated that Venture Pass Partners, LLC has also applied for Preliminary Plat Approval on behalf of Hy -Vee Inc. for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual restaurant on the north end. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. ZONING ORDINANC The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. This is correct. (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. 49 P & Z Minutes Page 9 February 7, 2017 (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Staff recommended that the Planning and Zoning Commission recommend approval of the proposed Preliminary Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. Questions from members: Hoium said this is one big lot now and that they won't be building over any lot lines at this time, so he wondered why they were dividing the lot now. Holmbeck said they could split it at a later date, but chose to do it now so once they secure the future tenant for that site, it will be ready for Site Plan approval and construction. Public Hearing Opened. There were no additional questions or comments. Public Hearing Closed. Motion by Hoium, seconded by Novitsky, to waive the reading of Resolution No. 2017-15, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Novitsky, that the Planning and Zoning Commission recommends the City Council approve the Preliminary Plat for the property located at 4707 Central Avenue 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 and Development Ordinance, including: 1. All required state and local codes, permits, licenses and inspections will be met and in fill compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. All ayes. MOTIONPASSED. The following Resolution will go to the City Council at the February 13 "' meeting. 50 P & Z Minutes Page 10 February 7, 2017 RESOLUTION NO. 2017-15 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Venture Pass Partners, LLC. Whereas, a proposal (Case # 2017 -0202) has been submitted by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 7, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary Plat 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, 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 snakes the following: FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Further, be it resolved, that the attached plans, snaps, and other information shall become part of this Preliminary Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not submitted to the City Council within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted to the City Council within this time period, the Preliminary Plat will become void. OTHER BUSINESS Staff has chosen the Consultant for the Comprehensive Plan update. 51 P & Z Minutes Page 11 February 7, 2017 The meeting was adjourned at 7:21 pm. Respectfully submitted, Shelley Hanson Secretary 52 COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7C MEETING DATE MARCH 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: MARCH 8, 2017 BY/Date- BACKGROUND/ANALYSIS Attached is the business license agenda for the March 13, 2017 Council meeting. This agenda consists of applications for 2017 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 March 13, 2017 as presented. 53 Mar 13, 2017 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL March 13, 2017 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2017 BLDG *Brighton Heating & Air *Elk River Htg & AC *Northern Plumbing & Soft *NAC Mech & El *K & S Plumbing *MH Plumbing *Avid Heating & Cool 2189 Long Lake Rd, New Brighton $60 19567 Twin Lakes Rd, Elk River $60 7401 Central Ave, Fridley $60 1001 Labore Indust Crt, Vadnais Hts $60 9572 Knox Ave N, Brk Pk $60 6725 277"' Ave NW, Isanti $60 7700 Co Rd 110 West, Minnetrista $60 *Treehugger Tree Care PO Box 21543, Mpls $60 54 Page 2 U) 2 w 2 C0 Z) J O LL O U z W n W W U z z Fl- LO U') U N -O N L U � � C N E ~ > OU O 0 N L 00 R U�� z o m O U ~ U) W Cl) _ (D z ) w p Z _ W m W N Q m _ J U O U 0 U LL O U m U L N 0 C) N N r O (a co m m r Ur N N L i I' 6 U O t4 O) c W LL O (n O E N -0 c6 m O z N a) _0 F- W c o W 75 J L 3 M M ° (B U Z) LO O U) c E U C� o c Q ~ W _ U cu : o N U Q z O M rn > z Q D LL J 0 > 'd' U) O U a) c a) W O a) L) a Q D o >- o E O a CL U U 2 c o LO U') m w * * * * * H C9 x� * U a u o W W x> 0 . . . . . . . . . . . . . r� U (Q O K lo') • to a o * * 0 0 U 5 I * * Ga cn rx * * 000 LO 1 Viau�4 •p .4,v > 0 in • a) V 4-) N • • • S4 ro +P H q 4 i ••• O . 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I HHa' N00HNID0mN000HNMIzilO>HHm0ff) -V z z I 7. F U M 'a 'J I O O O H N d• I- I- h w w H r-I N In 0 0 0 0 0 N O O N 0 W w O < < I < O a'O N N I HNNNNNMMMMM�TT V QO1010l0lOIDrrIlM W H fn m I C4 F N CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. gA MEETING DATE MARCH 13T ", 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Final Plat Approval for the property located at 4707 Central Avenue NE. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck, 3/9/17 BY /DATE: - 311z BACKGROUND: Venture Pass Partners, LLC has applied for Final Plat Approval for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end, and a future fast casual restaurant on the north end. The Preliminary Plat was unanimously recommended for approval at the February 7th Planning and Zoning Commission meeting, and approved by the City Council at the February 13th meeting. This is the Final Plat for recording purposes with Anoka County. The Planning and Zoning Commission unanimously recommended approval of the Final Plat at the March 7th meeting. STAFF RECOMMENDATION: Staff recommends that the City Council approve the proposed Final Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2017 -19, there being ample copies available to the public. Motion: That the City Council approve the Final Plat for the property located at 4707 Central Avenue 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 and Development Ordinance, including: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Any requirements outlined by the Minnesota Department of Transportation must be met ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 3. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 4. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 5. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. ATTACHMENTS: Resolution No. 2017 -19 Planning Report Application 63 City of Columbia Heights - Council Letter Location Map Preliminary Plat (approved 2/13/17) Final Plat 64 Page 2 RESOLUTION NO. 2017 -19 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Venture Pass Partners, LLC. Whereas, a proposal (Case # 2017 -0301) has been submitted by Venture Pass Partners, LLC on behalf of Hy- Vee, Inc. to the City Council requesting Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Final Plat Approval per Code Section 9.104 (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 7t", 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Final Plat 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, 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 (M) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary plat (b) The Final Plat conforms to the requirements of 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Final Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not recorded with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Any requirements outlined by the Minnesota Department of Transportation must be met ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 3. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 4. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. r City of Columbia Heights - Council Resolution Page 2 5. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. ORDER OF COUNCIL Passed this 13th day of March, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary .. CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0301 DATE: February 24, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Venture Pass Partners, LLC DEVELOPMENT: Hy -Vee Convenience Store & Future Development LOCATION: 4707 Central Avenue NE., Columbia heights, MN 55421 REQUEST: Final Plat Approval PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION On behalf of Hy -Vee, Inc., Venture Pass Partners, LLC has applied for Final Plat Approval for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual restaurant on the north end. The Preliminary Plat was unanimously recommended for approval at the February 7th Planning and Zoning Commission meeting, and unanimously approved by the City Council at the February 13th meeting. ZONING ORDINANCE The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant a Final Plat. They are as follows: 67 City of Columbia Heights Planning and Zoning Commission March 7, 2017 Planning Report Page 2 (a) The Final Plat substantially conforms to the approved Preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of 9.115. This is correct. RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Final Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. Motion: Move to waive the reading of Resolution No. 2017 -19, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Final Plat for the property located at 4707 Central Avenue 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 and Development Ordinance, including: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 3. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 4. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 5. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. ATTACHMENTS Resolution No. 2017 -19 Application Location Map Preliminary Plat (approved 2/13/17) Final Plat 68 CITY OF COLUMBIA HEIGHTS PRELIMINARY / FINIAL 5UBDIVISlofq PLAT APPLICATION To be filled out by C/ty.' CASE NO.: DATE ECEIVE APPLIC. ORD.: 9.104(K) 9.104(L), 9.114(A) - 5.114(D) DATE RETTE OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: PRELIMINARY PLAT FINAL PLAT \ \ \ \ \ \\ \ \ \ \ \ \ \ \ \ \ \` \ \ \ \ \ \ \ \ \ \ `� \\ To be filled out by Applicant: PROPOSED NAME OF PLAT: Central Avenue Ventures PROJECT ADDRESSILOCATION: 4707 Central Avenue NE Columbia Heip�his MN LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): Outlot C Grand Central Lofts Anoka Coup mw PRESENT USE OF PROPERTY: Vacant PROPOSED USE OF PROPERTY: Convenicnct store with fuel sales, coffee shop with drive up service & fast food/fast casual restaurant with drive up service, REASON FOR REQUEST (please attach a written narrative describing yourrequest and jus ication for approval. The narrative must fully describe the proposal to insure its compatibility with surrounding uses and its consistency with Zoning requirements and the Comprehensive Plan,) APPLICANT —Vellture p as Pa n r4r _ PHONE 612.$01 4313 FAX E-MAIL rMwerdink wyeuturepass.net PAGER CELL # ADDRESS 19620 Waterford Court CITY Shorewood _ STATE A11d ZIP 55331 FEE OWNER OF PROPERTY Anchor Bank, ark, National Association ADDRESS 1600 Utica Avenue S #400 PHONE e6f- 1)7y3__ _19r' FP.X f 6S`IJ 770 -�{y3 CITY St. Louis Park _ _ STATE iV ZIP 55416 Page 1 of 2 69 CITY OF COLUMBIA HEIGHTS PREL,ItMMIARY / FINAL SUBDIVISION PLAT APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION -- A. Procedures Manual B. Application Checklist C. Schedule of Planning and Zoning Commission Meetings ITEMS TO PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided: B. Two copies of a list of property owners within 350 feet of the subject property. ITEMS TO ACCO PAN+IY FINAL PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided. APPLICATIOI4 FEES: A. $500.00 Preliminary Plat Fee + escrow B. $100.00 Final Plat Fee C. Park Dedication Fee D. City Sewer Availability Charge (SAC) E. City Water Availability Charge (WAC) F. Other $ 500.00 $ 100.00 $ TBD $ TBD $ TBD TOTAL AMOUNT RECEIVED $ 6M)-00- 66aoo CITY RECEIPT NUMBER LP 4� 3 DATE. RECEIVED _ 1 13 11-7 Acknowledgement; The undersigned hereby represents upon all of the penalties of taw, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that aA 1work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights fns the State of Minnesota: Sin H �.e. ; 4Y, �J i APL' AN SI // ATUR Dp Sign Hero 4 +'� Sf le far �4cE �j.:, lIP� L tic+ 1aiGf%� /ds` PROP RTY OWNER SIGNATURE (If different from Applicant) DA 1I--�II —] DATE Revised: 200E Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 70 A A 4N) A CO N V 4707 Central Ave, P -41 47TH. 4 3 Uzi G 3rl LLJ It 4 CHI,' r. _ P -41 47TH. 4 3 Uzi G 3rl -194o NI NIM 63p 163M deAll M V-LOS3NNIN'S1HOGH vievvnioo SVC) 33AAH SIHO13H vionmoo Ea /:7) A A I r-', ---------------- ----------- /_1 L r--------------- -------------- - — - ------------- -------- -U, LU LU H /:7) A A I r-', IF 03 00Z M.tr,06.69N 3N 3f ?N--7A V NJ—/ P ae LL, Qi is ---------------- ----------- /_1 L r--------------- — IF 03 00Z M.tr,06.69N 3N 3f ?N--7A V NJ—/ P ae LL, Qi is I� J 09 'N2cs J U ~ g o Y u A i $ a. as °s E �a �jo8ga ° Eo W o� \ I 8l rv_�. Iry ✓17. '9LZ Al.fl•00o00N I p O 1 I 11 I rl7 � i I I✓ � I 1 I i ZF'9Zi 4 E�� oY�i of a<u a o CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8B MEETING DATE MARCH 13T ", 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: An Appeal to the City Council regarding a ruling made by the Board of Appeals (Planning and Zoning Commission) -a waiver to allow an adult daycare at 4048 Central Ave NE. DEPARTMENT: Community Development CITY MANAGER'S A PROVAL: ,< BY /DATE: Elizabeth Holmbeck, 3/9/17 BY /DATE: //V// BACKGROUND: The Appeal before you is in response to a written order sent to the property owner on January 27, 2017 (attached). A building permit was submitted to the Community Development Department to remodel the existing commercial building located at 4048 Central Avenue NE. to allow for an adult daycare to operate in the building. Staff reviewed the application and found that, while an Adult Daycare facility is a permitted use, the proposal does not meet certain development standards for such a use outlined in the Zoning Code. The applicant has filed an appeal to the City Council. The original appeal was made to the Planning and Zoning Commission which acts as the City's Board of Appeals. The appeal was denied at the March 7th meeting. The Board of Appeals denied the appeal, because the proposal did not meet the Zoning Code requirements regarding the amount of outdoor space that must be provided. The Specific Development Standards that are in our Zoning Code are in effect to provide supplemental regulations to address the unique characteristics of certain land uses. These standards are specific to the City of Columbia Heights, and are written in our Zoning Code. These standards are written for a variety of land uses that are permitted, or conditional uses in the City. The applicant is requesting that the City Council approve an appeal to certain standards in the Zoning Code, stating that they have provided alternative ways to satisfy these requirements. The property owner has submitted a letter detailing the Appeal, and a number of pictures of the building and surrounding outdoor area (attached). Upon review staff found that the proposed use does not meet the following specific development standards: 1. For adult daycare facilities, at least 150 square feet of outdoor area for seating or exercise will be provided for each adult under care. 2. The use shall provide a designated area for the short -term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. Adult daycare facilities are becoming increasingly popular as we have an increasing aging population. These facilities function as a place where elderly adults can go during the day for activities and basic health care such as administrating medication while their family or caregivers are working or unable to care for them. This is type of daycare is meant to provide a safe environment for elderly adults who do not have other options for care during the day. According to the property owner's letter, the proposed Adult Daycare will be operated by The Millennium Center for Performing Arts, which focuses on an arts -based alternative social services and enrichment 74 City of Columbia Heights - Council Letter Page 2 program for adults. The applicant argues that while the proposed location does not have a large amount of outdoor space on site, the clients under care will have opportunities for outdoor seating and exercise by walking or utilizing the company's transportation services to one of the area parks during the warmer months of the year. The letter also states that from time to time the clients are taken to metro area gardens and other indoor community areas for outings. The applicant believes that since the elderly clients under care do not want or need to be outside for long periods of time, the space available on site in combination with providing opportunities to periodically visit area gardens and parks would alternatively achieve the Zoning Code requirement. The property owner has proposed to designate a drop -off and pick -up location at the rear of the building. There is currently an entrance at the rear of the building which the owner will be renovating to make it handicap accessible. The proposed drop -off and pick -up location is for the rear of the building rather than the front door (per City Code) because the rear of the building provides a safer location with less traffic. Also, the applicant has stated that it is difficult to consistently find parking right outside the front door. The applicant states that providing the designated parking space in the rear of the building would alternatively achieve the Zoning Code requirement. STAFF RECOMMENDATION: There are no Findings of Fact specifically outlined in the City's Code, which must be met in order to approve an Appeal. However, the City Council must make findings to approve or deny the request. The City Council has the authority to make a ruling on the request based on the evidence presented by the applicant. In the case of an appeal, staff does not make a recommendation to the Board of Appeals or City Council. It is up to the City Council to make a determination on the request. The City Council must make a motion to deny or approve the appeal. There is no Resolution document to approve or sign; rather a letter will be sent to the applicant following the meeting, stating the City Council's finding. ATTACHMENTS: Planning Report Planning and Zoning Commission Meeting Minutes (3/7/17) Location Map Zoning Administrator's Written Order Zoning Code Requirements: Daycare Center Property Owners Appeal Letter Floor Plan Pictures: Interior /Exterior Daycare Brochure Daycare Service /Program Overview List of Local Parks Weekly Schedule 75 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0302 DATE: February 27, 2017 TO: Planning and Zoning Commission (Board of Appeals) APPLICANT: ASA, LLC DEVELOPMENT: Adult Daycare LOCATION: 4048 Central Avenue NE., Columbia Heights, MN 55421 REQUEST: Appeal Specific Development Standards of the Zoning Code PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, ASA, LLC has filed an Appeal to the Planning and Zoning Commission which acts as the City's Board of Appeals. Please review the duties of the Board of Appeals and the Appeal procedure outlined in the City's Zoning Code. Board of Appeals and Adjustment duties: In accordance with M.S. § 462.354, as it may be amended from time to time, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: (1) Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this article. (2) Hear and make decisions on all applications for a variance from the literal provisions of this article. Appeals Procedure: (1) Right of appeal. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this article, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision. (2) Application for appeal. An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. 4048 Central Avenue NE. 76 City of Columbia Heights Planning and Zoning Commission March 7, 2017 Planning Report Page 2 (3) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall render its findings. BACKGROUND The Appeal before you is in response to a written order sent to the property owner on January 27, 2017 (attached). A building permit was submitted to the Community Development Department to remodel the existing commercial building located at 4048 Central Avenue NE. Staff reviewed the application and found that, while an Adult Daycare facility is a permitted use, the proposal does not meet certain development standards for such a use outlined in the Zoning Code. The property owner is proposing to use the first floor of the building to operate an Adult Daycare. The upper floor has existing residential apartment units, which are not a part of this proposal. The property owner has submitted a letter detailing the Appeal, and a number of pictures of the building and surrounding outdoor area (attached). Upon review staff found that the proposed use does not meet the following specific development standards: 1. For adult daycare facilities, at least 150 square feet of outdoor area for seating or exercise will be provided for each adult under care. 2. The use shall provide a designated area for the short -term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. According to the property owner's letter, the proposed Adult Daycare will be operated by The Millennium Center for Performing Arts, which focuses on an arts -based alternative social services and enrichment program for adults. The clients under care will have opportunities for outdoor exercise by walking or utilizing the company's transportation services to one of the area parks. The letter also states that from time to time the clients are taken to area malls or other indoor community areas for exercise. The property owner has proposed to designate a drop -off and pick -up location at the rear of the building. There is currently an entrance at the rear of the building which the owner will be renovating to make it handicap accessible. The proposed drop -off and pick -up location is for the rear of the building rather than the front door (per City Code) because the rear of the building provides a safer location with less traffic. Also, the applicant has stated that it is difficult to consistently find parking right outside the front door. ZONING ORDINANCE The subject property located at 4048 Central Ave. NE. is located in the Central Business Zoning District as are the properties to the north, south, and east. The properties to the west are located in the Multiple Family Residential Zoning District. The proposed Adult Daycare is a permitted use in the Central Business Zoning District. 77 City of Columbia Heights Planning and Zoning Commission March 7, 2017 Planning Report Page 3 COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial uses. The proposed use is commercial in nature. DESIGN GUIDELINES The subject property is located in the Design Guidelines Overlay District and is subject to the Central Business District standards. If the property owner makes any of the following modifications, adherence to the guidelines would be required: • New construction or additions. • Any exterior changes, including repainting, with the exception of replacement or repair of existing materials. Minor alterations such as repainting may be handled administratively, as determined by the City Planner. • Any internal remodeling or expansion activity that increases the overall size of the building by 10 percent or more. • Any development or expansion of parking areas that would result in a lot with more than four parking spaces. At this time, the property owner has not proposed to make such enhancements to the site. SITE PLAN The applicant has submitted a floor plan /site plan of the interior first floor area and exterior area, as well as a number of pictures to illustrate how the building is proposed to be used. FINDINGS OF FACT There are no Findings of Fact specifically outlined in the City's Code, which must be met in order to approve an Appeal. However, the Board of Appeals must make findings to approve or deny the request. The Board of Appeals has the authority to make a ruling on the request based on the evidence presented by the applicant. RECOMMENDATION In the case of an Appeal, staff does not make a recommendation to the Board of Appeals. It is up to the Board to make a determination on the request. The Board of Appeals must make a motion to deny or approve the appeal. There is no Resolution document to approve or sign; rather a letter will be sent to the applicant following the meeting, stating the Board's finding. If the Board of Appeals denies the request, the property owner has the right to appeal to the City Council for a final ruling. ATTACHMENTS Location Map Zoning Administrator's Written Order Zoning Code Requirements: Daycare Center Property Owner's Appeal Letter Floor Plan Pictures: Interior and Exterior 78 MINUTES OF PLANNING AND ZONING COMMISSION MARCH 7, 2017 7:00 PM The meeting was called to order at 7:05 pm by Chair Szurek. Commission Members present- Novitsky, Fiorendino, Hoium, Schill, and Szurek Also present were Elizabeth Holmbeck (Planner), Larry Pepin (Building Official), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of February 7, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0301 APPLICANT: Venture Pass Partners LLC LOCATION: 4707 Central Avenue REQUEST: Final Plat Approval Holmbeck explained that on behalf of Hy -Vee, Inc., Venture Pass Partners, LLC has applied for Final Plat Approval for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual restaurant on the north end. The Preliminary Plat was unanimously recommended for approval at the February 7"' Planning and Zoning Commission meeting, and unanimously approved by the City Council at the February 13th meeting. ZONING ORDINANCE The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of 9.115. This is correct. 79 P & Z Minutes Page 2 March 7, 2017 Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Final Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. (Questions from members: Hoium asked if the retaining wall was part of the approval of the final plat. Holmbeck said that engineer designed plans will be submitted later. Hoium then asked if setbacks and drainage will be handled by staff as part of the construction process. Holmbeck told him that was correct. Fiorendino asked if the property would be re- zoned. Holmbeck said it is not being re- zoned, that it will remain as a Mixed Use classification. Public Hearing Opened. No one wished to speak on this issue. Public Hearing Closed. Motion by Hoium, seconded by Fiorendino, to waive the reading of Resolution No. 2017 -19, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Fiorendino, that the Planning and Zoning Commission recommends that the City Council approve the Final Plat for the property located at 4707 Central Avenue 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 and Development Ordinance, including: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 3. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 4. The applicant, shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 5. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. All ayes. MOTION PASSED. The following Resolution will go to the City Council March 13"'. 80 P & Z Minutes Page 3 March 7, 2017 RESOLUTION NO. 2017-19 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Venture Pass Partners, LLC. Whereas, a proposal (Case # 2017 -0301) has been submitted by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. to the City Council requesting Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Final Plat Approval per Code Section 9.104 (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 7"', 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Final Plat 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, 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 (M) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary plat (b) The Final Plat conforms to the requirements of 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Final Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not recorded with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 6. All required state and local codes, pen-nits, licenses and inspections will be met and in full compliance. 7. Any requirements outlined by the Minnesota Department of Transportation must be met ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 8. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 9. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 10. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 81 P & Z Minutes Page 4 March 7, 2017 CASE NUMBER: 2017 -0302 APPLICANT: ASA, LLC LOCATION: 4048 Central Avenue REQUEST: Appeal Holmbeck told members that ASA, LLC has filed an Appeal to the Planning and Zoning Commission which acts as the City's Board of Appeals. She reviewed the duties of the Board of Appeals and the Appeal procedure outlined in the City's Zoning Code. Board oppeals and Adjustment duties: In accordance with M.S. § 462.354, as it may be amended from time to time, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: (1) Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this article. (2) Hear and make decisions on all applications for a variance from the literal provisions of this article. .peals Procedure: (1) Right of appeal. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this article, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision. (2) Application for appeal. An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. (3) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall render its findings. BACKGROUND Holmbeck told members that the Appeal before them is in response to a written order sent to the property owner on January 27, 2017 that was provided in the agenda packet. A building permit was submitted to the Community Development Department to remodel the existing commercial building located at 4048 Central Avenue NE. Staff reviewed the application and found that, while an Adult Daycare facility is a permitted use, the proposal does not meet certain development standards for such a use outlined in the Zoning Code. The property owner is proposing to use the first floor of the building to operate an Adult Daycare. The upper floor has existing residential apartment units, which are not a part of this proposal. The property owner submitted a letter detailing the Appeal, and a number of pictures of the building and surrounding outdoor area. Upon review staff found that the proposed use does not meet the following specific development standards: 1. For adult daycare facilities, at least 150 square feet of outdoor area for seating or exercise will be provided for each adult under care. 82 P & Z Minutes Page 5 March 7, 2017 2. The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. According to the property owner's letter, the proposed Adult Daycare will be operated by The Millennium Center for Performing Arts, which focuses on an arts -based alternative social services and enrichment program for adults. The clients under care will have opportunities for outdoor exercise by walking or utilizing the company's transportation services to one of the area parks. The letter also states that from time to time the clients are taken to area malls or other indoor community areas for exercise. The property owner has proposed to designate a drop -off and pick -up location at the rear of the building. There is currently an entrance at the rear of the building which the owner will be renovating to make it handicap accessible. The proposed drop -off and pick -up location is for the rear of the building rather than the front door (per City Code) because the rear of the building provides a safer location with less traffic. Also, the applicant has stated that it is difficult to consistently find parking right outside the front door. ZONING ORDINANCE The subject property located at 4048 Central Ave. NE. is located in the Central Business Zoning District as are the properties to the north, south, and east. The properties to the west are located in the Multiple Family Residential Zoning District. The proposed Adult Daycare is a permitted use in the Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial uses. The proposed use is commercial in nature. DESIGN GUIDELINES The subject property is located in the Design Guidelines Overlay District and is subject to the Central Business District standards. If the property owner makes any of the following modifications, adherence to the guidelines would be required: • New construction or additions. • Any exterior changes, including repainting, with the exception of replacement or repair of existing materials. Minor alterations such as repainting may be handled administratively, as determined by the City Planner. • Any internal remodeling or expansion activity that increases the overall size of the building by 10 percent or more. • Any development or expansion of parking areas that would result in a lot with more than four parking spaces. At this time, the property owner has not proposed to make such enhancements to the site. SITE PLAN The applicant has submitted a floor plan/site plan of the interior first floor area and exterior area, as well as a number of pictures to illustrate how the building is proposed to be used. 83 P & Z Minutes Page 6 March 7, 2017 FINDINGS OF FACT There are no Findings of Fact specifically outlined in the City's Code, which must be met in order to approve an Appeal. However, the Board of Appeals must make findings to approve or deny the request. The Board of Appeals has the authority to make a ruling on the request based on the evidence presented by the applicant. RECOMMENDATION Holmbeck told members that in the case of an Appeal, staff does not make a recommendation to the Board of Appeals. It is up to the Board to make a determination on the request. The Board of Appeals must make a motion to deny or approve the appeal. There is no Resolution document to approve or sign; rather a letter will be sent to the applicant following the meeting, stating the Board's finding. If the Board of Appeals denies the request, the property owner has the right to appeal to the City Council for a final ruling. Questions /comments from members: Fiorendino asked Holmbeck the reason she had for denying their building plans. She explained to members that she's the first person to look at Building permit plans to ensure construction meets setbacks and Zoning Code requirements. Even though this type of business is a permitted use in the CBD, she noticed that the site did not meet all the requirements of the Zoning Ordinance. Therefore, she denied the issuance of the permit and the use of the building for an Adult Daycare Facility. Fiorendino asked her what she felt about the rear parking situation. She thought it was reasonable to allow the parking and the drop off area to be in the rear of the building since Central Avenue is such a busy road. Hoium stated that it is not the Commission's job to "like the ordinance requirements ", it is their job to determine if it "meets the requirements ". Szurek asked how many clients they would have. Holmbeck said the number of clients is determined by Anoka County as the licensing agency, and is based on the size of the interior space. Szurek then asked the Building Official when he became aware of their desire to use the building as an Adult Daycare. Pepin stated he noticed construction was going on in the building and there hadn't been a permit issued for the site, so he put a Stop Work Order on the project. After speaking with the new owner, he told them they needed permits for the interior remodeling and for a sprinkler system. When plans were brought in for review it became apparent they first had to deal with whether they could actually use the facility as planned, which is why the case is now before the Board. It is also now apparent that they continued with the remodeling and installed the sprinkler system, without permits being issued to do so. Szurek said she has an issue with people who buy properties and don't follow proper procedures to ensure they can meet zoning regulations and when they fail to obtain the proper building permits to do remodeling or construction. Szurek asked how another business down the street that is basically the same type of facility was allowed to go in. Pepin explained that a previous Planner saw that it was a "permitted use" in that zoning district, but failed to look at the other requirements pertaining to this use. 84 P & Z Minutes Page 7 March 7, 2017 Ella Selyukou is the owner of Millennium Center for the Performing Arts. She explained their program to the Commission. She explained their clients are usually elderly, have disabilities, or mental /memory issues. They operate at other locations throughout the metro area (New Hope, Eagan, and Plymouth) and none of these cities have an outside space requirement. Most of the clients can't move around without assistance. Ella stated they occasionally take clients out to parks or to malls, especially in the summer, but not in winter as the clients are not very mobile. She said they would provide an outside patio area in the rear for those that are up to being outside. She was under the assumption that they only need to provide 150 sf for each person that is actually outside. Szurek believed that the code states 150 sf for each person being cared for at the facility. Holmbeck read the actual language of the code and the Board agreed the requirement is for each person being cared for within the facility. Szurek said it may mean that the code needs to be changed. She didn't feel the Board could grant waivers or exceptions to the code, it is their job to enforce the existing code. Novitsky said the code requires the outside area be fenced with a 5 ft high fence. He is concerned that they would not be able to provide that space and to also allow enough parking for the apartments and a client drop off area, especially when there is snow. Holmbeck told members that parking for the workers in the CBD is not required. They plan on providing one parking space for each apartment (4) as required, and they plan to re- design the rear door to make it handicap accessible and allow for a drop off area, which leaves them enough room for a small patio area. She said they have, therefore, made an attempt to meet the intent of the code. Sal Bell who owns the building and is partnering with Millennium apologized to the Board for doing work without permits. He said he trusted his contractor to take care of this. He thought the permits were pulled. He spoke again of how the rear area would be used. He told members that clients are typically there for about 6 hours a day and are provided with access to music, artwork, and social interaction in a safe environment. He also stated that since the other business 2 doors down is operating a similar type of business, that an exception to the code should be allowed since they are making an attempt to meet it to the best of their ability. Szurek asked Holmbeck why they are even considering this since it doesn't meet the requirements. Holmbeck explained that according to the City Attorney, the Board has the authority to make exceptions to the rules if there is a reasonable option provided. Hoium asked who determines how much space is required per person on the interior of the building for this type of use. Holmbeck stated that the inside space required is determined by the licensing authority which is the County and she believes that amount is 40 sf per client. The outside space is determined by local Zoning Ordinance, and the State and/or County does not address this. Teshite Wako from the Orono Chamber of Commerce spoke on behalf of the daycare business and owner that they provide needed services and to consider granting the appeal. Another person spoke on behalf of the business also and told members that the owners had asked if this property was zoned properly for an Adult Daycare before they purchased it. They were told by the Planner it was, but they were not told about the outside space, or extra requirements, or they wouldn't have purchased this particular building. 85 P & Z Minutes Page 8 March 7, 2017 Fiorendino said it sounds like there are a couple of different things to be considered. He felt the job of the Board is to decide if the request meets our code or not, and if staff interpreted the code correctly. He personally thinks the code is wrong, and asked if there was a process for changing it. Holmbeck explained that the Commission, or an individual, or business owner can approach the City Council to request the Code be amended. If the City Council is in favor of doing this they will direct staff to research language of other surrounding cities and to bring information back to them for consideration. An amendment to the Code could then be prepared and the City Council would need to go through the Public Hearing and approval process. Novitsky and Hoium agreed the code doesn't make sense, but it is what is required. Schill asked Holmbeck if they actually had the authority to make an exception. Holmbeck said she believed so. Fiorendino said he disagreed with that and again reiterated that he thought their job is to decide if staff originally interpreted the code correctly. Holmbeck said no matter what decision they make they must give a Finding of Fact (reason) for doing so. Schill said he would like to see more detail of how the rear area would be laid out. He would like to see a drawing with measurements and where everything would be placed, along with proper measurements. He said the pictures provided didn't really prove that everything would fit back there. Holmbeck said they have 3 options: to approve, to deny, or to table for more information. However, we must provide a decision to the applicant within 60 days per State Statute. Motion by Hoium, seconded by Novitsky, to deny the Appeal of Specific Development Standards of the Zoning Code of the City of Columbia Heights for the use of 4048 Central Avenue as an Adult Daycare facility, as it does not meet the Zoning Code requirement regarding the amount of outside space that must be provided. All ayes. MOTION PASSED. Hoium suggested the applicant submit a more detailed depiction of the rear area to the City Council for the meeting on Monday night. Motion by Fiorendino, seconded by Schill to make a request to the City Council to review the Zoning Ordinance requirements for Adult Daycare Facilities especially in regards to the outside space requirement. All ayes. MOTION PASSED. There was a brief discussion about how many daycare facilities we are getting along the Central Avenue Business corridor. Szurek thought the long range vision of the downtown area was to encourage more retail businesses, small restaurants, etc. to generate foot traffic and entertainment options. She thought it may be a good time to place a moratorium on additional daycare businesses going in until staff can gather more information regarding the actual number and the impact it has on the area. It was made clear that this moratorium would not affect the decision the City Council would make regarding the site considered tonight. Motion by Szurek, seconded by Hoium to consider placing a moratorium on Adult Daycare and Child Daycare facilities along the CBD. All ayes. MOTIONPASSED. 86 P & Z Minutes Page 9 March 7, 2017 OTHER BUSINESS There were no other updates. The meeting was adjourned at 8:20 pm. Respectfully submitted, Shelley Hanson Secretary 87 AC COLUMBIA HEIGHTS, City of Columbia Heights I Community Development 59040 th Ave NE, Columbia Heights, MN 55421 • Ph: 763 -706 -3670 • Fax: 763 - 706 -3671 • WWW.columbiaheightsmn.gov January 27th, 2017 ASA, LLC 10102 Florida Circle N. Brooklyn Park, MN 55445 To whom it may concern: I have reviewed the plans submitted along with the Building Permit application dated 1/17/17, for the property located at 4044 -4048 Central Avenue NE. I regret to inform you that the use you are proposing for the property does not meet the City's Specific Development Standards identified in the Zoning Ordinance (attached). Adult and Child Daycare facilities as well as Community Centers have Specific Development Standards which guide how a use can operate on properties where the use is permitted. In this case the proposed uses do not meet certain standards in the Ordinance. In order to operate on the subject property as you intend you must make a formal appeal to the City outlining how the proposed uses will or will not meet the Specific Development Standards. If the proposed uses do not meet the standards as outlined, you must request a waiver, and indicate how you plan to address the requirements of the Zoning Ordinance in another fashion. The Board of Appeals has the authority to hear and make decisions on any appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of the Zoning Ordinance. An appeal request should be addressed to the Zoning Administrator and Planning and Zoning Commission. There is a $185.00 fee to file a written appeal. Once you have filed an appeal, the request will go before the Board of Appeals for review and for a formal public hearing. I have attached the section of the City's Zoning Ordinance that outlines the appeal process. For your reference I have also attached the Specific Development Requirements for an Adult and Child Daycare and a Community Center. I have also attached the schedule for the Board of Appeals /Planning and Zoning Commission's regular meetings for 2017. You must submit your appeal request by the application deadline as indicated on the application schedule. Please review the attached information. If you have any questions, don't hesitate to reach out to me at (763) 706 -3673. Sincerely, Elizabeth Holmbeck, City Planner /Zoning Administrator Notification to Appeal 89 ASA LLC January 27th, 2017 Page 2 ATTACHMENTS Appeal Instructions (Zoning Ordinance) Specific Development Standards (Zoning Ordinance) Planning Application Schedule C: Jim Hoeft, City Attorney Larry Pepin, Building Official Shelley Hanson, Licensing /Permit Secretary Joe Hogeboom, Community Development Director RDC Architects, Architect Prima Construction, Contractor 90 City of Columbia Heights, Zoning Ordinance: Chapter 9, Section 9.107 (C) (16) (C) (16) Day care center. (a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (b) The play area shall be located away from the main entrance to day care, and shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five feet in height. (c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child under care. (d) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. (e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. (f) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (i) Day care centers located in a school or religious institution building originally constructed for use as a school or religious institution shall be considered a permitted accessory use, provided the standards contained herein are met. (j) Day care centers located within an existing commercial or industrial facility and used only by employees of the operation conducted on the site shall be considered a permitted accessory use, provided the standards contained herein are met. 91 A ppeal request Presented by: ASA LLC To: The zoning administrator and planning and zoning commission at the city of Columbia Heights Vlje are ASA LLC owner of the property located in 4044 -4046- 4048 Central Ave NE Columbia Heights and operator of Millennium center for pe forming arts Tie would like to bringyour attention to the matter of opening an Adult Day care business in 4044 -4048 Central Ave space The decided to purchase the mixed use properly in Columbia heights back in March 201.' because we found out lots ofgood things about the city and we wanted to brim in our investment to it and since we purchased the property our goal was to upgrade and make the property more presentable and upgrade it to the highest standards while working closely with the city officials and the fire department because we believe in cooperating with the local authorities to thrive and succeed while respecting the laws and regulations. 1IVe have a great idea for an Adult day care business that caters to senior citizens in need of a safe, nurturing, energetic, health; and entertaining environment to spend few Hours of their day socialising and learning new skills like art, poet)� and inusic and that's why the name of the business is Millennium center for pe fo)7ning arts (MCPA) the company is been in the industry for 10years. 92 Our mission is to provide participants with the strong artistic, intellectual and practical foundations and. provides the means to actively explore the beau), diversity, complexity and challenges of the world around us. 141'e strive for our clients to develop their own unique creative voice, their imagination and their understanding of their se f value and positively motivate them, we do have highly trained staff members including dietitian, nurse and care takers and we also provide transportation to all our clients f om their homes to the center and also we provide them with trips to the local outdoor parks and many mall visits in a safe comfortable transit Van which is driven by a professional licensed driver who is committed to their safety and well being and that bring us to one of the reasons we are submitting this appeal, according to the zoning code for the ciy of Columbia Heights we can not operate in the space located at 4044 -4048 Central Ave because we don't have sufficient outdoor space, the zoning code states that the needed space is 150 sq ft per client under care we actually do have an outdoor su face of approximately 1500 sq ft that can be used as a designated drop off point for our clients since it's located right behind the building and connected by a rear door that we can make it accessible for them to go in and out .safely we can even make it handicap accessible the other reason this will be pe fect because it- "s almost 177apossible to f nd a parking spot in the f ont of the building on Central Ave during business Hours and on weekends as well because there just not enough street parking in font of the property. 141'e can also designate an outdoor space for our clients as well since there is plenty of space in the back of the proper ^y because the tenants in the apartments upstairs are only using 3 to 4 parking spots. we 93 also have the f1la2go court park which is right next door and within a walking distance to us besides all that we actually do offer trips to man local parks with amazing views and outdoor spaces life Huset park located at 3965Jfferson St NE, Columbia Heights, MN 55 421 Ramsdell park located at 4956,7ohnson St NE, Columbia Heights, MN 55421 Prestemon park located at 3900 NE McKinley St, Columbia Heights, MN 55421 Ostrander park located just few blocks away at Polk st NE and 40th Ave. MAe would appreciate your assistance and genuinely be grateful f the zoning administrator and the planing and zoning commission grant us the honor to start this business at 4044- 4048 Central Ave NE Columbia Heights it will be a great addition to the city especially that our clientele come from different walks of l fe and backgrounds we do know how much the city of Columbia Heights encourages diversity in its communities. We would do our best to work with the city officials like we have been doing since day one we just need your cooperation and assistance in this matter so we can bring in this business to this great city and hopefully f this goes well we can invest more money by purchasing more properties and generate more mong for the city. T%lle do understand and respect, the zoning laws and codes also the building officials regulations because we know,,, that it's all for the safey and the well being of the clients and trust us we do share that same opinion and we do care about our clients and tenants that's w1g we chose the Adult day care industry because for us it`s not just about making mong it's about providing a high level of excellence in serving 94 our dear clients and our tenants in the apartments above the proposed space we actual y so far we have invested close to $150, 000.00 in the property and in the space itseff°om adding an additional water supply and installing a state of the art sprinklers system to remodeling the structure of the space that was vacant and deserted foryeazs by the previous landlord and we also installed a staircase for the tenants living in the apartments above which gave them access to an emergency exit that could save their lives. Please keep in mind that we came up with the idea of opening an adult day care business in Columbia Heights the nicefeedback and encouraging comments from our neighbor Ms Shelly the owner of the adult day care business Public health solutions inc which serves dferent types of clientele and offers different services then us her business is located 2 doors down from our space located at 4030 Central five NE, Columbia Heights, AIN 55421 which we know that she doesn't currently have a total of 200 sq ft of outdoor space for her clients. Please keep in mind that we had many opportunities to start this business in other cities that was ready for us to operate right away but we declined because we love the City of Columbia .Heights that were proud of for winning the 2016A11 American Giy award and continues to show how much care it has for its community so it will be a great honor for its to provide services like adult day care to the local communities ll %e have attached few pictures to present to you our case and to show you the plysical structure of the proper, and the surrounding areas and buildings. I11e thankyou for the privilege ofyour time and we hope we can work positively together on this matter. LEAS co N7A-cT ^ 5 A L- 6 EiL AT (C I z,) 3 -Z3 A,,7 J �.::- C E L C . 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Cd 'y F'" o o 3 W o O a°(q' v ate, U Cd '" c�a zz °' U O � cn V R V) �� 111 For Participant MILLENNIUM CENTER FOR PERFORMING ARTS "A place where imagination comes to life" PARTICIPANT'S NAME: Programs, Services and Care Provided Overview Since 2007, Millennium Center for Performing Arts (MCPA) mission is to provide participants of all ages with the strong artistic, intellectual and practical foundation of music and drama. MCPA provides the means to actively explore the beauty, diversity, complexity and challenges of the world around us through the dramatic and musical process. We strive for our artists to develop their own unique creative voice, their imagination and their understanding of music and drama and its role in society. While children with disabilities have many activities that are funded through school districts; however, adults with disabilities have no place to grow their artistic abilities. At MCPA, we offer a place for adults with disabilities to come and receive full time, daily practice of professional level music, visual arts and theater program to support their creative growth. Our Adult Day Program (ADP) serves 35 older adults and persons with disabilities who need a higher level of care, but can still benefit from receiving services in a group setting. We offer a unique model of an arts -based alternative social services and enrichment program. The program builds stronger and more viable community through inclusion of so often forgotten members of our society who are part of the diverse fabric of Minnesota's culture. Staffing The MCPA understands the important responsibility we have to our participants and their family members. Our qualified staff members are committed to providing the highest quality services in a safe and caring environment. Primary caregivers are comfortable knowing that their loved one is at MCPA, living more independently and enhancing their quality of life in a fun, supervised setting. Our highly skilled and trained staff is comprised of degreed, licensed and /or certified practitioners in the fields of performing and visual arts, social work, nursing and physical fitness. MCPA -ADP staff is ethnically diverse and bilingual in English, Spanish, Russian, Ukrainian, Hmong, Vietnamese, Somali, Chinese and other languages. Our program consultants include a RN, LPN, physical therapist, an occupational therapist, speech therapist, social worker and a dietician. Program Information Orientation for Participant I I Page 138 For Participant We are prepared to meet the needs of our clients and families by providing respite care, counseling, referrals, daily socialization, and rehabilitation. The MCPA -ADP is located at 9220 Bass Lake Road, Ste 100, New Hope, MN 55428 The hours of operation are 8:30 a.m. to 4:30 p.m. Services MCPA is a five- day -a -week program. We ask participant to commit for a minimum attendance of three days per week. The components of the ADP include the following: • Conducts an individual needs assessment before admission to determine the person's range of abilities, needs and interests • Provides an active program that meets the daily social, recreational, and rehabilitative needs of the person in care • Develops an individualized treatment plan for participants and monitors it regularly, adjusting the plan as necessary • Provides referrals to other needed community services • Has clear criteria for service and guidelines for termination based on the functional status of the person in care • Provides a full range of in -house services, which may include personal care, transportation, meals, health screening and monitoring, educational programs, counseling, and rehabilitative services • Provides a safe, secure environment • Uses qualified and well- trained staff • Adheres to or exceeds existing State and national standards and guidelines We focus on the three areas of participants' artistic growth for our participants: • Music: This program offers the opportunity to experience music through interactive learning. Using the variety of tool, participants will experience music with their bodies, voices and instrument play. No musical prerequisite needed. • Visual Arts: In this program, the energy, curiosity and excitement of arts are captured through visual discovery. Collage, assemblage, printmaking, drawing, painting, ceramic and 3 -D art are explored in a joyful, creative environment. • Theater: This program will include dramatic play, story enactment, imagination journeys, theatre games, music and dance. Periodically participants will showcase their talents at the scheduled performances. Daily Program Activities — Minnesota Rule 9555.9710, Subpart 6 The MCPA -ADP develops a monthly plan with diversified daily program activities. Program activities are designed to meet the needs and interests of the participants. Daily schedule includes socialization, enrichment activities, and assistance. Participants contribute to the community through arts showcases, meeting and learning from local artists, and taking educational trips. Program Information Orientation for Participant 2 1 P a g e 139 For Participant • Art Classes: Each of the three art classes focus either on music, theater and visual arts. They are designed by professional artists to cultivate personal interest, foster participant's talents and help develop skills. Participants are welcome to attend more than one focus area. • Group Education: The group education is designed to enhance the knowledge and awareness of the environment, build language and conceptual skills, and encourage socializing. • Exercise: Daily exercise activities include variety of physical activities and games to stretch muscles, get bodies moving and increase oxygen flow. • Art Projects/ Therapy: During this time, participants will have an opportunity to work on their projects. This time is also for one -on -one meetings with staff to discuss any program issues; and receive professional services. Program Benefits The services that ADP offers include social activities, meals, recreation, and some health - related services in supervised group settings: • Individualized Plan of Care and Enrichment • Supervised daily living activities • Socialization through group activities and interaction with other participants • Adult enrichment activities, including music, visual arts and drama • Assistance programs for non - English speakers • Community outreach through participants' showcases • Exercise and therapeutic physical fitness programs • Rehabilitative services, including balance and mobility classes • Social work services • Respite and support groups for caregivers • Nursing and professional care • Monitoring of vital signs and medications • Nutritious meals and snacks (breakfast, hot lunch and two afternoon snacks) • Transportation Participants Description The MCPA Adult Day Programs is propelled by a vision to enhance the lives of the adults with disabilities through the use and development of their artistic talents and interests. We focus on including individuals from the Twin Cities metro area who would otherwise not have an opportunity to express their creativity and grow their artistic talents. Our program welcomes older adults and individuals with disabilities. The participants must be 18 years of age or older. We are creating a diverse community or participants including Prograin Infonnation Orientation for Participant 3 1 P a g e 140 For Participant bilingual adults, and native speakers of Spanish, Russian, Ukrainian, Hmong, Somali and many more languages. Participation Limitations The MCPA seeks to create a safe and nurturing environment for our participants. We are building an important sense of community; therefore, we will not enroll individuals with conditions such as: • Communicable disease requiring isolation or limited contact with people • History of violence to self or others • Unmanageable incontinence • Uncontrollable wandering • Who have medical conditions that would prevent them from participation Participant's Bill of Rights You or your loved one has certain rights as a participant in the adult day care program. ■ You have a right to be treated with courtesy, dignity and respect. ■ You have a right to be involved in developing in your own plan of care, as well as in future updates. ■ You have a right to be involved in a program of services degined to promote encourage and support personal independence. ■ You have a right to refuse care or participation. ■ You have a right to be free from mental, physical and sexual abuse as defined in the Vulnerable Adults Protection Act. ■ You have a right to physical privacy and respect during care and /or treatment. ■ You have a right to confidentiality and data privacy regarding your personal and medical records. • You have a right to consent the accuracy and completeness of data maintained in your records. • You have a right to present any grievance regarding care at the Adult Day Center without fear of restraint or discrimination. • You have a right to honest, accurate and clear information about the services available to you and any fees for services. ■ You have a right to prompt and accurate responses to your questions. ■ You have a right to be encouraged to understand and exercise these rights as a participant. Program Information Orientation for Participant 4 1 P a g e 141 For Participant 1. GRIEVANCE PROCEDURE The Common Entry Point receives, assesses and dispatches all Vulnerable Adult maltreatment reports that occur in Hennepin County and is available 24 hours per day. Reports of abuse, neglect or financial exploitation of Vulnerable Adults residing in non - licensed community settings, as well as incidents requiring immediate protective services, are referred to Adult Protection Intake. Reports involving incidents in facilities and programs licensed by the Department of Human Services such as residential treatment programs (half -way houses), adult foster homes, and supportive living services are referred to the DHS Licensing Division. Reports involving suspected criminal activity are referred to law enforcement. Common Entry Point (CEP) Adult Protection Intake 300 South 6`1' Street Minneapolis, MN 55487 (612) 348 -8526 Internal Grievance Procedure - MN Statue 245A.04, Subdivision 1 (d) The MCPA -ADP adopted this internal grievance procedure to provide for prompt and equitable resolution of complaints alleging any action that is prohibited by Vulnerable Adult Act or Participant's Bill of Rights. In the event that a program participant or caregiver feels that participant's right have been violated, an individual may file a grievance either orally or in writing by contacting the program director. The procedure to file a grievance is as follows: Step 1. A written grievance should be filed on the MCPA -ADP Grievance Form attached hereto. If the grievance is not filed on the Grievance Form, it should nonetheless contain the following information: • The name, address, and telephone number of the person filing the grievance. • The name, address, and telephone number of the person alleging the violation, if other than the person filing the grievance. • A description of the alleged violation and the remedy sought. • Information regarding whether a complaint has been filed with the state or county agency or court. • If a complaint has been filed, the name of the agency or court where the complaint was filed, the date the complaint was filed, and the name, address and telephone number of a contact person with the agency with which the complaint was filed. Program Information Orientation for Participant 5 1 P a g e 142 For Participant An oral grievance can be filed by contacting the program director. The oral grievance will be reduced to writing by the program director utilizing the Grievance Form and will be signed by grievant. Step 2. The grievance will be either responded to or acknowledged within 20 working days of receipt. Step 3. Within 60 calendar days of receipt, the program director will conduct the investigation necessary to determine the validity of the alleged violation. If appropriate, the program director will arrange to meet with the grievant to discuss the matter and attempt to reach an informal resolution of the grievance. Any informal resolution of the grievance will be documented in the MCPA -ADP Grievance File. Step 4. If an informal resolution of the grievance is not reached, a written determination as to the validity of the complaint and description of the resolution, if appropriate, shall be issued by the program director and a copy forwarded to the grievant no later than 90 days from the date of the director's receipt of the grievance. Step 5. The grievant may request reconsideration if he /she is dissatisfied with the written determination. The request for reconsideration shall be in writing and filed with the owner of the MCPA -ADP within 30 days after the program director's determination has been mailed to the grievant. The MCPA owner shall review the request for reconsideration and make a final determination within 90 days from the filing of the request for reconsideration. Step 6. If the grievant is dissatisfied with MCPA -ADP's handling of the grievance at any stage of the process or does not wish to file a grievance through the MCPA -ADP's Grievance Procedure, the grievant may file a complaint directly with the Minnesota Department of Human Services or other appropriate state agency. Use of the MCPA -ADP grievance procedure is not a prerequisite to the pursuit of other remedies. The resolution of any specific grievance will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the access to services, programs, or facilities at issue and the essential eligibility requirements for participation; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to the County. Accordingly, the resolution by the MCPA -ADP of any one grievance does not constitute a precedent upon which the MCPA -ADP is bound or upon which other complaining parties may rely. File Maintenance The MCPA -ADP shall maintain grievance files for a period of three years. 2. COPY OF THE VULNERABLE ADULTS ACT In compliance with the Minnesota Statues, section 626.557, MCPA -ADP provides a copy of the Vulnerable Adults Acts to all its staff and volunteers. Prograin Inforination Orientation for Participant 6 1 P a g e 143 For Participant Copy of the Vulnerable Adults Act and Definitions of the Terms in available Transportation Policy MCPA -ADP assists participants with arranging transportation. Participants use variety of transportation options, depending on their proximity and independence. Transportations options include: Participant's family, Metro Mobility, Northland Transportation, ABC /Blue & White Taxi, and the Metro Transit System. MCPA -ADP pays for the cost of participant's transportation — however, payment waivers typically include reimbursement to the MCPA -ADP for all or part of the participant's transportation costs. Meals and Snacks Policy Proper nutrition plays an important role in preserving the health and energy of our participants. Since the MCPA -ADP is an all -day program, participant will receive two meals each day (breakfast and hot lunch) and two afternoon snacks. The ADP participants have a dining area that is conducive to relaxing meals, with tables placed to encourage socialization. Special diets are often necessary for participants and are discussed at the time of program enrollment. The MCPA -ADP provides participants with the following: • Tasty and attractively served food • Low fat and sodium options • Meals that are kosher, vegetarian or meet the special requirements of diabetics, as needed • Adequate time to eat meals • Sufficient staff to serve and assist in providing meals and snacks • Warm, congenial atmosphere during the meals and snacks Program Fees and Payment Options The base rate for the services is $78 per day. The daily rate includes six hours of professional supervised adult day program and meals (breakfast, full hot lunch and afternoon snacks). The extended hours' rate is $18 per hour. 24 -hour notice is required for cancelation of the next day services. The MCPA -ADP works through contracts with Minnesota counties and municipalities. Depending on the contracting entity, participants will be working with a case manager who Prograin Infonnation Orientation for Participant 7 1 P a g e 144 For Participant develops a service agreement that authorizes payment for the services. Private payment plans, a sliding fee scale and other funding alternatives are considered. Typical funding options include: • CAC, CADI, MR/RC, TBI or EW, VW waivers • Veterans Administration • Long -term care insurance • HMOs • Private Pay • Direct contract with counties and municipalities • We cannot bill Medical Assistance directly Pets Policy The MCPA -ADP does not allow pets on its premises. Smoking Policy Due to the increased risk of fire, and the known health effects of secondhand tobacco smoke, smoking is prohibited in any area of the MCPA -ADP property, both private and common, whether enclosed or outdoors. The policy applies to all staff, participants, volunteers, guests, and servicepersons. The term "smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, or other tobacco product in any manner or in any form. Drug and Alcohol Policy - MN Statue 245A.04, Subdiv. 1 (c) The MCPA -ADP is responsible to maintain a drug free workplace. We prohibit all staff, instructors, volunteers and contractors, when directly responsible for caring for the program participants, from abusing prescription medication or in any manner under the influence of a chemical that impairs the individual's ability to provide services or cares. MCPA -ADP will train staff, instructors and volunteers and contractors about this drug and alcohol policy. Definitions: "Adversely affects work performance" and "under the influence" - employees will be determined to be "under the influence" or to be in a state that "adversely affects work performance" if the employee Program Information Orientation for Participant 8 1 P a g e 145 For Participant A. is perceptibly impaired; B. has impaired alertness, coordination, reactions, responses, or effort; C. exhibits a condition that threatens the safety of him/herself or others; or D. exhibits a condition or behavior that presents the appearance of unprofessional or irresponsible conduct detrimental to the public's perception of the department, as determined by the supervisor or manager or others observing the employee. "Reasonable suspicion" - a basis for forming a belief regarding specific facts and rational inferences drawn from those facts "Safety- sensitive position" - a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person "Work related alcohol and other drug abuse" - the use of mood - altering drugs, including all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana, and/or prescription drugs, that result in a behavior or appearance that adversely affects work performance. Guidelines No person will report to work under the influence of alcohol, marijuana, controlled substances, or other drugs that will affect his /her alertness, coordination, reaction, response, judgment, decision - making or safety. No person will consume alcoholic beverages during meals or breaks when returning to perform work for the MCPA. 2. No person will unlawfully manufacture, distribute, dispense, possess, transfer, or use a controlled substance in the workplace. Employees and volunteers will not use, sell, possess, or transfer alcoholic beverages during work hours or while on the premises. No person will engage in the off -duty sale, purchase, transfer, use, or possession of illegal drugs or controlled substances, except for the purchase, possession and use of those controlled substances prescribed by a medical professional. 4. Employees taking medically authorized dings or other substances that may alter job performance or cause safety concerns are under an affirmative duty to notify the supervisor of their temporary inability to perform the job duties of their position. A medical statement will be required if there are concerns whether an employee can safely perform his /her job duties. If an employee's behavior /condition adversely affects his/her work performance and a supervisor has reason to believe that the employee is under the influence of alcohol or a mood altering drug, the employee will be subject to removal from the work place and subsequent discipline. 6. All employees will notify the supervisor and appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his /her possession at work. Program Information Orientation for Participant 9 1 P a g e 146 For Participant Insurance Coverage The MCPA is compliant with the Minnesota insurance regulations for the Adult Day Care facility. The insurance coverage includes: General Liability Insurance in amount of one million dollars Workers Compensation Insurance Compliance with Vulnerable Adult Act Vulnerable Adult Act and Definitions - MN Statues, Section 626.557 and 626.5572 In compliance with the Minnesota Statues, Section 626.557 and 626.5572, MCPA -ADP provides a copy of the Vulnerable Adults Acts to all its staff and volunteers. See Copy of the Vulnerable Adults Act and Definitions of the Terms Mandated Reporter Policy - MN Statutes, Section 626.557 The MCPA -ADP is compliant with the Minnesota Statutes, section 626.557 of reporting the maltreatment of vulnerable adults. We have adopted the Maltreatment of Vulnerable Adults Reporting Policy for Department of Human Services Licensed Programs. All MCPA -ADP employees are trained within 72 hours of first providing direct contact services to a vulnerable adult and annually thereafter. The reporting policy is posted in a prominent location and is made available upon request. Attached is a policy for reporting maltreatment of vulnerable adults. See Maltreatment of Vulnerable Adults Reporting Policy Vulnerable Adults Abuse Prevention Plans - MN Statutes, Sections 245 A.65 The MCPA -ADP developed Program Abuse Prevention Plan to prevent abuse from occurring at our facility. A. Residents are provided with an orientation to the program abuse prevention plan. This orientation is within 24 hours of admission or within 72 hours for individuals who would benefit from a later orientation. B. The plan is reviewed annually to prevent abuse. C. A copy of the Program Abuse Prevention Plan must be posted in a prominent place in the facility and be available, upon request, to mandated reporters, residents, and legal representatives. Prograin Information Orientation for Participant 101Page 147 For Participant D. The plan includes a statement of measures to be taken to minimize the risk of abuse to the vulnerable adult(s) when the need for additional measures is identified. This includes identifying referrals that are made when the vulnerable adult is susceptible to abuse outside the scope or control of the licensed services. See MCPA ADP Program Abuse Prevention Plan In addition to the Program Abuse Prevention Plan, an Individual Abuse Prevention Plan is in place for each new resident. A review of the individual abuse prevention plan is done as part of the review of the program plan. The persons receiving services participate in the development of the individual abuse prevention plan to the best of their abilities. All abuse prevention plans are be reviewed at least annually by the interdisciplinary team. Compliance with the Human Rights Act The MCPA -ADP is compliant with the admission, and employment policies and practices with the Minnesota Statutes, Chapter 363 of the Human Rights Act. Policy Statement The Millennium Center for Performing Arts — Adult Day Program (MCPA -ADP) is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation. In adhering to this policy, the ADP abides by the Minnesota Human Rights Act, Minnesota Statute Ch. 363; by the Federal Civil Rights Act, 42 U.S.C. 2000e; by the requirements of Title IX of the Education Amendments of 1972; by Sections 503 and 504 of the Rehabilitation Act of 1973; by the Americans With Disabilities Act of 1990; by Executive Order 11246, as amended; by 38 U.S.C. 2012, the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended; and by other applicable statutes and regulations relating to equality of opportunity. Safety and Emergency Policies To ensure the personal safety of participants and staff in emergencies, we ask all staff and help the participant's to familiarize themselves with the MCPA's Emergency Operation Plan. It's also reviewed during the program and facility orientation. The Plan aims to provide an organized response to emergencies resulting from a major disaster. It is essential that everyone be familiar with this guide in order to ensure a successful implementation of the plan in case of an emergency. The following Emergency Operation Plan focuses primarily on what to in case of fire, blizzard, tornado, power outage or medical emergency. Program Information Orientation for Participant I I I P a g e 148 For Participant To Report Emergency Incident FOR FIRE, POLICE, MEDICAL AID: CALL 911 When you call to report an emergency, tell the operator: • The type of emergency • If there are victims • The location of the emergency • Your name, location, and phone number • Stay on the phone until the operator ends the call. Fire: Emergency Assembly Point The MCPA Emergency Assembly Point (EAP) is located in the parking lot outside the front door of the MidAmerica Financial Plaza, MCPA exit. This assembly point will be pointed out during your participants and staff orientations, or you may ask the Programs Director to show it to you. In the event of a fire emergency, proceed carefully but quickly to the EAP. Wear shoes to protect yourself from debris. Try to help people around you to evacuate; check all rooms and bathrooms, and call out to others as you leave. Help everyone who may be in need of assistance. Remember, it is important to report to the EAP as soon as you can so that we can account for all participants and personnel. Report anyone missing or hurt to the program director as soon as possible. Both of the doors facing the parking lot should be used to exit the building. A. All staff will get everyone outside and counted for at EAP. The manager on site will call 9 -1 -1 or direct someone to call 9 -1 -1; and will count all participants and staff to make sure that no one is still in the building. B. If exits are not blocked by fire, everyone will use the exit. Should they be inaccessible, then everyone will exit through the back exit. C. Evacuation will be through one of the two facility exits — one is at the main entenece and one in the back via common area or storage area to the south side of the building. D. There's no shelter in the building during the fire. Once everyone is counted for, everyone will proceed to walk to the green space near Bass Lake Road across the parking lot. E. Manager on site will calmly announce to staff and participants that there is a fire in the building and depending where it is, everyone will be pointed to the door(s) to be used for evacuation. With that, a reminder will be made about EAP. The manager will make sure that everyone has left the building first and then will exit the building. F. The staff that has made note of the fire first knows to call 9 -1 -1 using preferably a cell phone. The staff will tell the operator: a. The type of emergency b. If there are victims c. The location of the fire d. Name, location of MCPA and phone number e. Stay on the phone until the operator ends the call G. The fire drills are done quarterly. There will be an announcement earlier in the day that there will be a fire drill that day. During the time of the drill, the manager will loudly state "FIRE DRILL, FIRE DRILL" and instruct everyone to use front two doors to exit. Staff will help with all participants that are not able to exit independently. Program Information Orientation for Participant 121Page 149 For Participant All will gather at EAP and will be counted. Once the fire drill is complete, everyone will return to the facility. H. Fire extinguishers are identified during orientation and are located in the kitchen and on the wall in the front room/common area. The instructions for the use of fire extinguishers are printed on each extinguisher and are reviewed after each fire drill. I. If the fire is localized, that room/ area will be closed off. If the room does not have a door that can be taped over with duct tape, the entrance will be taped over for no entrance. Blizard/ Severe Weather MCPA is equipped with an Emergency Preparedness Kit for both the center and its vehicles. The indoor kit is located in the office and it includes: flashlights & lanterns, battery operated radio, extra batteries. Other items that are stored in case of the blizzard include blankets, shovels, water supply and granola bars. The vehicle blizzard emergency items include: jumper cables, flashlight, roadside flashers, warm blankets, ice scraper, first aid kit, tow strap, folding shovel, snacks and bottles of water. A. During the blizzard all of staff will make sure that all participants are comfortable. If the heat goes out and they are cold they will be provided with blankets. B. Once the blizzard conditions clear up, and vehicles are plowed out, participants will use the front door to exit. The second front door will be used as a secondary exit. In case of severe precipitation, such as hail, all will stay inside and will wait for it to pass before exiting the premises. Otherwise, the back door can be used for exit as well. C. All two facility exits/ evacuation routes are clearly noted and easily accessible. D. During a blizzard, the center itself serves as a shelter area for all at the center. E. Once the blizzard has subsided or severe weather passed, transportation will be provided to all participants to get to their homes. F. During blizzard the fire department will not be called; however, participants care givers will be called and notified of the situation — where they are at, what is happening and prognosis on what to expect. The caregivers will be updated should anything change. All emergency numbers for staff are posted on top of their file. All other emergency numbers are posted above the phone stations. G. There will not be a quarterly drill; however, in addition to orientation information on Emergency and Safety Policies, a reminder will be issued to all the staff in each November before the winter season. Tornado In case of tornado, the EAP will be in rooms with no windows. Both men's and women's bathrooms are designated for tornado shelters, and hallways for overflow. • Move away from windows and glass doorways • Go to the innermost part of the building on the lowest possible floor • Protect your head and make yourself as small a target as possible by crouching down • Do not use elevators because the power may fail, leaving you trapped Assist all individuals in a wheelchair to get away from windows and go to an interior room of the suite. If possible, seek shelter under a sturdy table or desk. Do cover your head with anything available, even your hands. Program Information Orientation for Participant 131Page 150 For Participant A. At the notice of tornado, staff will escort all participants in either ladies' or men's bathrooms that do not contain any windows and everything is bolted to the floor. B. During the tornado no one will be allowed to exit the building. Once tornado has passed, exits will be used as usual. C. There will not be evacuation during the tornado. D. Emergency shelters will be bathrooms and office as overflow. E. Instructions for shelter are posted on the Emergency and Safety Policies and will be announced during the tornado. F. There will be no need to calling fire department. Should there be any damage or incidents from the tornado, 9 -1 -1 will be called. The staff will tell the operator: a. The type of emergency b. If there are victims c. The location of the emergency d. Name, location of MCPA and phone number e. Stay on the phone until the operator ends the call G. The tornado drill will not be done quarterly, but during fire drill tornado safety instructions will be reviewed. Power Outage In case of power outage, the following actions will be taken: • Keep offsite duplicates of critical computer data. • Do not overload power strips. Help participants out of darkened areas to move to safe locations. • Open windows for additional light and ventilation. Supplies Emergency kits and flashlights are available in following locations: front closet and kitchen. During orientation, staff and residents are shown the location of the kits and flashlight. The MCPA -ADP's Emergency Operation Plan is also available at each location, as well as a separate kit with aspirin and Band -Aids. The supplies listed below are located in the large emergency black duffel bag located in the front closet. A member of the Emergency Response team will be designated as responsible for taking the bag if the building is evacuated. The following items in the emergency kit are to be used only in an emergency: First aid supplies / emergency blankets / taip Tape and string • Paper, pens, permanent markers Flashlights and batteries • Power strips and extension cords • Portable AM /FM radio with batteries • Water and food Program Information Orientation for Participant 141Page 151 For Participant Emergency Information MCPA encourages staff and participants to agree with family members on a designated meeting place and a contact person outside the state in order to determine each other's safety and whereabouts. In compliance with the Emergency Policies and Safety Procedures, MCPA -ADP has established the following MN Rule 9555.9720: First Aid Kit The center shall have a first aid kit that contains first aid manual, sterile bandages and band -aids, sterile compresses, scissors, an ice bag or cold pack, an oral or topical thermometer, liquid soap, adhesive tape, and money for phone calls. The first aid kit and manual must be accessible to the staff in the center and must be taken on field trips. Telephone and Posted Numbers A center shall have a non -coin operated telephone that is readily accessible. A list of emergency numbers must be posted next to the telephone. When an area has a 911 number, the emergency number listed must be 911. In areas of the state without a 911 number, the numbers listed must be those of the local fire department, police department, emergency transportation, and poison control center. In a hospital or nursing home, the emergency care team number must be posted. Emergency Phone Numbers for Participants For each participant, the emergency phone numbers of the caregiver, the persons to be called if the caregiver cannot be reached, and the participant's physician must be readily available at the center. These numbers must also be available in vehicles provided by the center to transport participants. Records of Incidents The center shall maintain records of all incidents involving participants, including illnesses; accidents requiring first aid; incidents requiring emergency medical or psychiatric care; incidents requiring a police report to be made; and incidents when a complaint has been filed under Minnesota Statutes, section 626.557, Reporting of Maltreatment of Vulnerable Adults. The record shall include the participant's name, the date and time of the incident, a description of the incident, the center's action in response to the incident, and indication that the incident was reported to the participant's caregiver. Hazardous Objects, Materials, or Equipment Chemicals that are poisonous when swallowed or inhaled or that are damaging to eyes or skin must be stored in an area not accessible to the participants. Use of scissors, knives, matches, razor blades, and other potentially hazardous materials by participants shall be allowed only under supervision. Emergency Equipment The center shall have a flashlight and a portable radio or television set that do not require electricity and can be used if a power failure occurs. Program Information Orientation for Participant 151Page 152 For Participant Equipment and Furniture Equipment and furniture must be in good repair and without sharp points, splinters, and paint that contains lead. Areas Used by Participants The areas used by participants must be free from debris, loose plaster, peeling paint, and litter. Rugs must have a nonskid backing. Emergencies Caused by Fire and Weather The center shall have written plans for emergencies caused by fire, blizzards, and tornadoes. The plans must be posted in a visible place and be on file in the center. The plans must include items A to I: A. The responsibilities each staff person will assume in case of emergency; B. Identification of primary and secondary exits; C. Identification of building evacuation routes; D. Identification of an emergency shelter area within the center; E. Instructions for evacuating or rescuing participants; F. Instructions for calling the fire department and emergency phone numbers; G. Procedures for the quarterly fire drill; H. Instructions on location and use of fire extinguishers; and I. Instructions on closing off the fire area. The fire escape plan must be rehearsed at least four times each year and the dates of rehearsals must be recorded in the file of emergency plans. Medical Emergencies In case of medical emergency, MCPA -ADP staff will swiftly assess the situation and the level of medical attention needed. If appropriate, the one staff will call 911 and explain the type of emergency, the name of the victim, location of the incident and will stay on the phone as long as needed. Another staff will provide first aid and CPR, if needed. Once the EMT arrives and the participant is in the need of further medical assistance, one of the staff will go with to the emergency room. For less severe emergency situations, the MCPA staff will provide first aid on site and then transport the participant to the nearest urgent care or hospital emergency room. The incident will be reported to the participant's caregiver as soon as possible and recorded in the Incident Report. MCPA also encourages staff and participants to agree with family members on a designated meeting place and a contact person outside the state in order to determine each other's safety and whereabouts. Contact Licensing Division of Department of Human Services Minnesota Department of Human Services - Licensing Division St. Paul, Minnesota (651) 431 -6500 Program Information Orientation for Participant 161Page 153 Columbia Heights, MN -- -Parks 1. Huset Park-3965 Jefferson St NE 2. Prestemon Park-3900 NE McKinley St 3. Circle Terrace -1271 Circle Terrace 4. 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