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HomeMy WebLinkAbout08-13-2018 CCPColumbia Heights M-AUNCI M I 2016 1. CALL TO ORDER /ROLL CALL 1b. APPOINT SECRETARY PRO TEM 0 CH COLUMBIA HEIGHTS www.columbiaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 59040 th AVE NE MONDAY, AUGUST 13, 2018 7:00 PM 2. INVOCATION - Invocation provided by Nikki Wakal, Pagan Community PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally- responsible manner. 5. APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 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 pg 4 MOTION: Move to approve the minutes of the City Council meeting of July 23, 2018 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Economic Development Authority minutes from June 4, 2018. pg 12 MOTION: Move to accept the Library Board minutes from June 13, 2018. pg 38 C. Adopt Resolution 2018 -52 approving a professional services agreement between the City of Columbia Heights and McGrath Consulting Group, Inc. for a Public Safety Staffing Study. pg 40 MOTION: Move to waive the reading of Resolution 2018 -52, there being ample copies available to the public. City of Columbia Heights City Council Agenda August 13, 2018 MOTION: Move to adopt Resolution 2018 -52 approving a professional services agreement between the City of Columbia Heights and McGrath Consulting Group, Inc. for a Public Safety Staffing Study, and authorize the Mayor and City Manager to execute the agreement. D. Resolution approving an amendment to the 2018 Community Development Fee Schedule pg 46 MOTION: Move to wave the reading of Resolution No. 2018 -48, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2018 -48, approving an amendment to the 2018 Community Development Fee Schedule. E. Second Reading of Ordinance No. 1650, an ordinance amending City Code of 2005 relating pg 49 to Public Nuisances Affecting Peace and Safety MOTION: Move to waive the reading of Ordinance No. 1650, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1650, being an ordinance amending City Code of 2005 relating to Public Nuisance Affecting Peace and Safety as presented, and authorize publication in the legal newspaper of the City of Columbia Heights. F. Approve Resolution No. 2018 -51 to Remove Provisional Status for Rental License Held pg 51 by 2015 -3 IH2 BORROWER LP MOTION: Motion to waive the reading of Resolution No. 2018 -51, being a resolution for the removal of provisional status for the property rental license held by 2015 -3 IH2 BORROWER LP, there being ample copies available for the public. MOTION: Motion to approve Resolution No. 2018 -51, being a resolution for the removal of provisional status for the property rental license held by 2015 -3 IH2 BORROWER LP G. Public Hearing to Consider Revocation of Rental Licenses for 4625 and 4633 Tyler Street NE pg 54 MOTION: Motion to cancel the public hearing to consider the revocation of rental licenses at 4625 and 4633 Tyler Street NE H. Approve Gambling Permit, Immaculate Conception Church pg 55 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo at an event being held October 27, 2018 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. pg 62 I. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for August 13, 2018. J. Review of Bills pg 64 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $ 1,662,066.53. City of Columbia Heights August 13, 2018 City Council Agenda Page 3 MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS pg 86 A. Resolution approving the Conditional Use Permit Amendment for a Daycare Operation at 4025 University Avenue NE. MOTION: Move to waive the reading of Resolution No. 2018 -43, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2018 -43, approving the Conditional Use Permit Amendment for the property located at 4025 University Ave. NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager Report of the City Attorney 11. COMMUNITY FORUM At this time, individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form for the Council Secretary's record, and limit their comments to five minutes. Individuals are asked to state their name for the record. The City Council will listen to the brief remarks, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting in which they are raised. It has been a long- standing practice that the Community Forum not be used as a platform for campaigning or voicing positions for or against any candidate running for political office. 12. ADJOURNMENT Walt Fehst, Ci Manager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763- 706 -3611 or kbruno9columbiahei hhtsmn.sov. to make arrangements. J OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 23, 2018 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday July 23, 2018 the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:02 p.m. Present: Mayor Schmitt, Councilmember Murzyn, Jr., Councilmember Buesgens, and Councilmember Novitsky Also Present: Kelli Bourgeois Human Resources Director /Assistant City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director, Joe Hogeboom; Community Development Director, Gary Gorman; Fire Chief, Erik Johnston; Police Captain, and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Matt Hinton, Heights Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. 5. APPROVAL OF AGENDA Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to approve the agenda as presented. 4 Ayes, 0 Nays; Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of July 9, 2018 B. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for July 23, 2018, in that they have met the requirements of the Property Maintenance Code. C. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for July 23, 2018. City of Columbia Heights - Council Resolution Page 2 D. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $1,639,459.89. Motion by Councilmember Buesgens seconded by Councilmember Novitsky to approve the Consent Agenda as presented. 4 Ayes, 0 Nays; Motion Carried. 8. PUBLIC HEARINGS A. Consideration of declarations of nuisance and abatements of violations within the City of Columbia Heights is requested regarding the properties at 4931 Jackson Street NE, 2103 Fairway Drive NE, and 4441 Central Avenue NE, for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported the property at 4931 Jackson Street has various issues causing hazardous conditions. The City has been working with the homeowner for months, and will continue to do so. The property at 2103 Fairway Drive needs the address numbers attached to the house, painting, and the railing on the front step requires repairs. The property at 4441 Central Avenue requires repairs to the front steps. Mayor Schmitt questioned the plans for 4931 Jackson St. Community Development Director Joe Hogeboom indicated the property will need to be cleaned in order to allow for the next inspection, scheduled for August. Motion by Councilmember Buesgens seconded by Councilmember Murzyn, Jr.to close the public hearing and to waive the reading of Resolution Numbers 018 -44 — 2018 -46, there being ample copies available to the public. 4 Ayes, 0 Nays; Motion Carried. Motion by Councilmember Buesgens seconded by Councilmember Murzyn, Jr. to adopt Resolution Numbers 2018 -44, 2018 -45, and 2018 -46, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatements of violations from the properties pursuant to City Code section 8.206. 4 Ayes, 0 Nays; Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance No. 1650, an ordinance amending City Code of 2005 relating to Public Nuisances Affecting Peace and Safety Community Development Director Joe Hogeboom explained that the proposed ordinance adds language to the "Public Nuisance" section of City Code, which would allow the City to implement the Abatement process for: "Structures or other physical property damaged by natural disasters, fire, decay, civil unrest, vegetation, neglect or accident." In the event of future unforeseen tragedies that cause major structural damage, this ordinance will allow the City to intervene sooner and more expediently implement mitigation measures. Motion by Councilmember Buesgens seconded by Councilmember Murzyn, Jr.to waive the reading of Ordinance No. 1650, there being ample copies available to the public. 4 Ayes, 0 Nays; Motion Carried. Motion by Councilmember Buesgens seconded by Councilmember Novitsky to set the second reading of Ordinance No. 1650, being an ordinance amending City Code of 2005 relating to Public Nuisance Affecting 5 City of Columbia Heights - Council Resolution Page 3 Peace and Safety, for August 13, 2018 at approximately 7:00 P.M. in the City Council Chambers. 4 Ayes, 0 Nays; Motion Carried. B. Bid Considerations Adopt Resolution 2018 -49 Being a Resolution Accepting Bids and Awarding a Contract for 2018 State Aid Street Rehabilitation and Sidewalk Improvement, City Project 1805. Public Works Director Kevin Hansen reported Project 1805 includes two segments: 1. Main Street NE from 37th Avenue to 40th Avenue Construction consists of minor utility replacement /repair, spot curb and gutter replacement, and fullwidth mill with 3" bituminous overlay. 2. 37th Avenue NE from Main Street to 5th Street Construction consists of new storm sewer from Huset Parkway to 5th Street, other minor utility replacement /repair, spot curb and gutter replacement, new sidewalk from 3rd Street to University Avenue and from Huset Parkway to 5th Street, new pedestrian ramps, and edge mill with 2" bituminous overlay. Hansen stated that Project funding will be provided by assessments, City of Minneapolis JPA (south side of 37th Avenue), State Aid funds, Storm Sewer and other utility funds. Motion by Councilmember Buesgens seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2018 -49, there being ample copies available to the public. 4 Ayes, 0 Nays; Motion Carried. Motion by Councilmember Buesgens seconded by Councilmember Novitsky to adopt Resolution 2018 -49 being a resolution accepting bids and awarding the 2018 State Aid Street Rehabilitation and Sidewalk Improvement, City Project 1805, to Astech Corporation of St. Cloud, Minnesota, based upon their low, qualified, responsible bid in the amount of $711,836.05 with $86,815.00 from City of Minneapolis, $167,700 from Fund 415- 51805, $293,089.05 from Fund 402 - 43191, $101,843.00 from Fund 653 - 49699, $34,684.00 from Fund 601 - 49430, and $27,705.00 from Fund 602 - 49450; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 4 Ayes, 0 Nays; Motion Carried. C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Buesgens attended the Planning Commission meeting; Hy -Vee's convenience store was approved, and construction is expected to begin in October. Buesgens attended the school bond kick -off event, the Met Council transportation committee meeting; she participated in a ride along with the fire department's inspections department, and attended the Met Council housing and economic development committee meeting. Councilmember Murzyn, Jr. attended Coffee with a Cop at the Legends. He announced a dedication for Nawrocki Park is scheduled for July 25th. Mayor Schmitt thanked all who came to the recent candidate forum. Human Resources Director /Assistant City Manager Kelli Bourgeois announced the Nawrocki Park dedication tH will take place prior to the Park & Recreation Commission meeting on July 28 City of Columbia Heights - Council Resolution Page 4 Bourgeois announced the Police Department has received the International Association of Police Chiefs 2018 Leadership in Community Award, the City of Peace Neighborhood Center was a key component in the award. 11. COMMUNITY FORUM DeWayne Morrell -4212 Reservoir Blvd requested that the Council consider installing a stop sign at Reservoir and 42 "d. Director Hansen suggested Mr. Morell submit a request to the Traffic Commission for review. Mr. Morrell stated his dissatisfaction with the length of time Councilmember Williams has spent bringing his overflow lot into compliance, and requested Councilmember Williams resign from office. Director Hansen indicated that plans for the site are currently being reviewed. Joyce Meyer 4933 Jackson St explained to the council that she has been working on cleaning her property, and she is trying to hire a contractor. Mayor Schmitt suggested she continue to work with Chief Gorman and Director Hogeboom. Suad Isse — 4025 University Ave NE spoke to the council regarding complaints against the daycare located at the property. Director Hogeboom clarified that a Public Hearing is scheduled for August 8 th 12. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to adjourn. 4 Ayes, 0 Nays; Motion Carried. Meeting adjourned at 7:47 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Resolution 2018 -44 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Joyce E. Meier (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4931 Jackson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 29, 2018. 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 1. That on May 8, 2018, the fire department was called to the property for water leaking in the basement. City Council Minutes July 23, 2018 Page 5 of 8 2. That on May 9, 2018, the property was declared uninhabitable by the Building Official, who provided instructions with a timeline for corrections and a due date of June 1, 2018. 3. That on June 4, 2018, Community Development initiated assistance to the owner of record with contacting restoration companies, providing a list of five (5) companies with contact information. 4. That on June 29, 2018, quotes for service were provided, hand delivered and mailed to the owner of record with a July 9, 2018 deadline to provide signed contract information. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Hazardous condition still exists. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4931 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4931 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Resolution 2018 -45 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Naomi C. Reeves (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 2103 Fairway Drive N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 7, 2018. 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: 8 City Council Minutes July 23, 2018 Page 6 of 8 FINDINGS OF FACT 1. That on May 1, 2018, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2018, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 3, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: a. Shall install contrasting address numbers on garage. b. Shall paint /seal trim on garage overhead door. C. Shall repair front steps. d. Shall repair side steps and railing. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 2103 Fairway Drive N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 2103 Fairway Drive N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Resolution 2018 -46 approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jessica Lee Larson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4441 Central Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 25, 2018. 9 City Council Minutes July 23, 2018 Page 7 of 8 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 1. That on May 16, 2018, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 22, 2018, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 10, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair /replace deteriorating front steps. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4441 Central Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4441 Central Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Resolution 2018 -49 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to an advertisement for bids for City Project No. 1805, 2018 State Aid Street Rehabilitation and Sidewalk Improvement, three bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Base Bid Astech Corporation $ 711,836.05 10 City Council Minutes July 23, 2018 Page 8of8 Bituminous Roadways, Inc. $ 714,053.40 North Valley, Inc. $ 771,018.57 It appears that Astech Corporation of St. Cloud, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Astech Corporation in the name of the City of Columbia Heights, for 2018 State Aid Street Rehabilitation and Sidewalk Improvement, City Project No. 1805, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 1805, shall be funded with City of Minneapolis JPA, Assessment, State Aid, Storm Sewer, Sanitary Sewer, Water, and General Funds. ORDINANCE NO. 1650 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO PUBLIC NUISANCE STRUCTURES The City of Columbia Heights does ordain: SECTION 1: § 8.204 Public Nuisances Affecting Peace and Safety. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (T) Structures or other physical property damaged by natural disasters fire, decay, civil unrest _vegetation. neglect or accident. 44LQ All other conditions or things which are likely to cause injury to the person or property of anyone. W ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF JUNE 4, 2018 The meeting was called to order at 6:00 pm by President, Marlaine Szurek. Members Present: Murzyn, Schmitt, Novitsky, Herringer, and Szurek. Williams arrived at 6:10 and Buesgens arrived at 6:20 pm. Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, Akua Opoku, and Shelley Hanson PLEDGE OF ALLEGIANCE- RECITED CONSENT AGENDA 1. Approve minutes of May 7, 2018. 2. Approve Financial Report & Payment of Bills for April, 2018 — Resolution 2018 -08 Questions from Members: There were no questions. Motion by Schmitt, seconded by Novitsky, to approve the Minutes of May 7, 2018, and the Financial Report and Payment of Bills for April, 2018 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2018-08 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Month of April 2018 and the Payment of the Bills for the Month of April 2018. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of April 2018 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and 20180604 EDA Minutes — — 12 EDA Minutes Page 2 June 4, 2018 WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 4th day of June 12018 Offered by: Schmitt Seconded by: Novitsky Roll Call: All ayes BUSINESS ITEMS 1. First Amendment to Contract for Private Redevelopment - Resolution 2018 -09 Dahl explained that on October 24, 2016, the Columbia Heights Economic Development Authority (the "EDA ") approved Resolution 2016 -30, a resolution which effectively approved the Contract for Private Redevelopment by and between the EDA and Hy -Vee, Inc. (the "TIF Contract "). Pursuant to the TIF Contract, and subject to unavoidable delays, Hy -Vee was supposed to commence construction of the minimum improvements by June 1, 2018. Since Hy -Vee was unable to satisfy this provision of the TIF Contract, and because they still fully intend to renovate the Central Valu Center into a new grocery store, Hy -Vee has requested an extension to the dates of commencement and completion. Therefore, please find attached a First Amendment to the TIF Contract which extends the commencement and completion dates of construction to January 31, 2019 and February 28, 2020 respectively. Dahl told members that Hy -Vee's original stores were all sized between 110,000 sf to 125,000 sf. He said they have since modified their design to construct some of the proposed new stores between 75,000 — 90,000 sf. Ours will be one of those stores. Dahl said the major change in the downsizing of this store will be removing the clothing section and to change from the full service restaurant to a Wahlburger's restaurant. Dahl explained that the site plan approvals for both sites have lapsed and they are submitting new plans for both the Convenience Store /gas station /Starbucks parcel at 47th and Central, and the remodeling for the Hy -Vee store at 43rd and Central for the July meetings. They hope to start construction by October 1St Staff recommends approval of Resolution 2018 -09 as presented. 20180604 EDA Minutes — — 13 EDA Minutes Page 3 June 4, 2018 Questions /comments from members: Herringer asked if the Convenience store would take the whole parcel at 47th and Central. Dahl said no -the convenience store and a walk in Starbucks will be located on the south piece and hopefully a separate restaurant type business will go on the north piece which is owned by a separate party. Szurek asked about the leases still in place at the mall property. Dahl explained that Hy -Vee would like the entire building but Ace Hardware and Dollar Tree had recently renewed their leases (15 years /12 years respectively), and Meineke is operating on a month to month basis. Schmitt asked how approving the First Amendment would extend the dates of construction and how it would affect the TIF District time frame. Hogeboom stated that Hy -Vee wanted the date of construction extended out to June 1, 2019, but staff held firm to a January 3, 2019 start date. He said the 12 year time frame for the TIF District gets pushed back per the date of completion. Motion by Schmitt, seconded by Murzyn, to waive the reading of Resolution 2018 -09, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schmitt, seconded by Murzyn, to adopt Resolution 2018 -09, a resolution approving a First Amendment to Contract for Private Redevelopment between the Columbia Heights Economic Development Authority and Hy -Vee, Inc. All ayes. MOTION PASSED. FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the _ day of , 2018, by and between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the "Authority "), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act ") and HY -VEE, INC., an Iowa corporation (the "Redeveloper "). WITN ESSETH: WHEREAS, the Authority and Redeveloper entered into that certain Contract for Private Redevelopment dated as of October 24, 2016 (the "Contract "), providing for redevelopment of certain property (the "Redevelopment Property ") located in the City of Columbia Heights (the "City "); and WHEREAS, the Redeveloper has requested and the Authority has agreed to amend the Contract to allow for an extension of the dates of commencement and completion of construction of the Minimum Improvements as further described herein; 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: 20180604 EDA Minutes — — 14 EDA Minutes Page 4 June 4, 2018 1. Amendment of Section 4.3(a) of the Contract. The first two sentences of Section 4.3(a) of the Contract are amended as follows: (a) Subject to Unavoidable Delays, the Redeveloper shall commence construction of the Minimum Improvements by January 31, 2019. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the Minimum Improvements by February 28, 2020. 2. Except as amended by this Amendment, the Contract shall remain in full force and effect. In accordance with Section 3.5 of the Contract, upon execution of this Amendment, Redeveloper shall reimburse the Authority for all out of pocket costs incurred by the Authority in connection with negotiating, drafting and approval of this Amendment, to the extent that any funds deposited in escrow to pay Administrative Costs are not sufficient for their payment. IN WITNESS WHEREOF, the Authority has caused this Amendment to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Amendment to be duly executed in its name and behalf on or as of the date first above written. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2018, by Marlaine Szurek and Walter R. Fehst, the President and Executive Director of the Columbia Heights Economic Development Authority, a public body politic and corporate, on behalf of the Authority. Notary Public HY -VEE, INC., an Iowa Corporation By Z l Jeffrey Markey, Senior Vice President Nathan Allen, Assistant Secretary 0 18 0160 4 F-1U HimateU 15 EDA Minutes Page 5 June 4, 2018 STATE OF IOWA) SS. COUNTY OF POLK } The foregoing instrument was acknowledged before me this day of , 2018, by Jeffrey Markey and Nathan Allen, the Senior Vice President and Assistant Secretary, respectively, of Hy -Vee, Inc., an Iowa corporation, on behalf of the corporation. Notary Public RESOLUTION NO. 2018 -09 RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND HY -VEE, 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. Pursuant to their authority under Minnesota Statutes, Sections 469.090 to 469.1082 and 469.174 to 469.1794, as amended, the Authority and the City of Columbia Heights (the "City ") established the Hy -Vee Tax Increment Financing District within the Downtown CBD Redevelopment Project (the "Project "), for the purpose of facilitating the redevelopment of certain substandard property within the Project. 1.02. the Authority and Hy -Vee, Inc. (the "Redeveloper ") entered into that certain Contract for Private Redevelopment dated as of October 24, 2016 (the "Contract "), providing, among other things, for the construction by the Redeveloper of certain improvements (the "Minimum Improvements ") on the property legally described within the Contract (the "Redevelopment Property "). 1.03. Due to an expected delay in commencement of construction of the Minimum Improvements, the parties have negotiated and propose to execute a First Amendment to the Contract (the "First Amendment ") to revise the required construction schedule of the Minimum Improvements resulting from said delay. SECTION 2. FIRST AMENDMENT APPROVED. 2.01. The First 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 First 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 First Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 20180604 EDA Minutes -- — 16 EDA Minutes Page 6 June 4, 2018 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY ssed this 4th day of June, 2018 red by: Schmitt econded by: Murzyn oil Call: All ayes President ttest stant Secretary 2. Facade Improvement Grant Program Dahl reminded members that on February 5, 2018, the Columbia Heights Economic Development Authority (the "EDA ") directed staff to collaborate with the Columbia Heights Police Department (the "CHPD ") to develop a grant program to encourage the revitalization, rehabilitation, and restoration of exterior facades, but also to increase the presence of security throughout the Central Avenue NE commercial corridor in the City of Columbia Heights (the "City"). On April 2, 2018, the EDA Commissioners discussed and reviewed the initial draft documents of the Fagade Improvement Grant Program (the "Grant Program "), specifically the guidelines, the sources & uses statement, as well as a crime overlay map which delineated where the crime incident rate was more prevalent along Central Avenue NE. Following the meeting staff continued to work with the CHPD, but also engaged the services of Barna, Guzy & Steffen, Ltd. to draft the necessary agreements for the Grant Program. Therefore, for further discussion and review, but ultimately approval consideration tonight is the Grant Program. Staff seeks direction from the EDA for the approval of the Grant Program, but also the appropriation of $50,000 annually from Fund 408 — EDA Redevelopment Project Fund to implement the Grant Program. Staff recommends approval of the Fagade Improvement Grant Program and appropriation of $50,000 annually from Fund 408 — EDA Redevelopment Project Fund for economic redevelopment expenditures in connection to the Fagade Improvement Grant Program. Dahl stated that all the documents were included in the agenda packets for the commissioner's to review as well as in these minutes which included: the Fagade Improvement Grant Program Guidelines, The Sources and Uses Statement, The Fagade Improvement Grant Program Agreement, and the Agreement and Grant of License. 20180604 EDA Minutes — — 17 EDA Minutes Page 7 June 4, 2018 uestions /comments Dahl told members that the equipment would be paid for and owned by the EDA and that Police would be able to access and view tapes as needed. He explained that not everyone would be eligible to be part of this program, only those in specific areas where crime rates are higher. He estimates the expenses at $446,000 to cover facade and surveillance equipment between 37th Avenue and 45th Ave along Central Avenue. Dahl suggests allocating $50,000 per year which could potentially fund 6 -8 projects per year. He estimates this may be a 10 year project. Schmitt asked if alley entrances would be covered by cameras as some of them had access from front and rear. Dahl said he would have to check to see how many businesses this may impact and if the Police had a recommendation about the need. She also asked what "a business in good standing" meant? Dahl said it meant loans would not be given to businesses that were behind in taxes, or had delinquent utility bills, or any other outstanding bills with the City. Murzyn asked if businesses could put cameras in if not in the target area. Dahl said businesses are free to install their own security systems and cameras at their expense any time. Herringer wanted to know if the Police Dept would have to hire more officers to monitor these cameras. Dahl said it should take very minimal police time and that their Information Specialist would be the one monitoring the cameras and most of it would be done digitally and through computers. Buesgens thought this is a good program. Motion by Murzyn, seconded by Novitsky, to approve the Fagade Improvement Grant Program, and authorize the appropriation of certain funds from Fund 408 — EDA Redevelopment Project Fund for economic redevelopment expenditures in connection to the Fagade Improvement Grant Program. Roll Call: ayes - Murzyn, Schmitt, Buesgens, Novitsky, Williams, and Szurek. Abstain- Herringer MOTION PASSED. FACADE IMPROVEMENT GRANT PROGRAM GUIDELINES PROGRAM DESCRIPTION In a collaborative effort with the Columbia Heights Police Department (the "CHPD "), the Columbia Heights Economic Development Authority (the "EDA ") offers a Fagade Improvement Grant Program (the "Grant Program "). The purpose of the Grant Program is to encourage businesses and commercial property owners within the Central Business District to revitalize, rehabilitate, and restore exterior store fronts, but also for the CHPD to provide monitored surveillance along Central Avenue NE to reduce the incident rate of criminal activity, as well as increase business vitality and economic performance. The Grant Program reimburses businesses or commercial property owners for eligible improvements up to fifty percent (50 %) of the total project cost; for a maximum reimbursement of $5,000. Moreover, if determined by the CHPD that an exterior surveillance system is warranted, the EDA will install surveillance equipment to monitor adjacent businesses and properties, as well as parks and open spaces. 18 EDA Minutes Page 8 June 4, 2018 ELIGIBLE APPLICANTS Applicants must be an owner of a commercial property, a commercial tenant with approval from the property owner(s), or a 501(c)(3) organization in the City of Columbia Heights (the "City ") located along Central Avenue NE between 37th and 45th Avenue NE. Applicants must be in good standing with the City, including but not limited to, legally operating with proper licensure; and current on property taxes, utility bills, and special assessments. ELIGIBLE FA ADE IMPROVEMENTS Fagade improvements must be visible from a public street, completed by a licensed contractor, and comply with one or more of the following eligible fagade improvements: • Architectural Improvements • Canopy or Awning Installation or Repair ® Exterior lighting • Exterior Painting, Re- siding, or Professional Cleaning • Green Fagade Improvement (i.e. Living Wall, ecofriendly [non -VOC] paint, reclaimed wood, etc.) Installation of New or Renovated Attached Signage (Excluding LED) ■ Masonry Repairs or Tuckpointing Replacement of Windows and Doors • Restoration of Exterior Finishes and Materials • Any other exterior fagade improvement physically attached to the primary structure as approved by the EDA Please note: Labor costs of a contractor, including necessary design work are eligible costs for reimbursement through the Grant Program. Ineligible costs include, but are not limited to, new construction, interior renovations, repair or replacement of a roof, improvements to an alley fagade, improvements started prior to receiving a signed grant agreement from the EDA, and any other improvement not listed above. EXTERIOR SURVEILLANCE SYSTEM IMPROVEMENTS The CHPD shall review all Grant Program applications submitted to determine if the installation of an exterior surveillance system is warranted. If it is determined that an exterior surveillance system is warranted, the applicant will then be required to enter into a Lease Agreement with the EDA. The Lease Agreement will allow the EDA to (1) install security cameras on the exterior of the primary structure; (2) install recording equipment inside of the primary structure in a locked and secured location to prevent destruction or tampering; and (3) allow for annual maintenance inspections for a period of five (5) years. All surveillance system equipment shall be installed by a consultant selected by the EDA, and reviewed by the CHPD. Since specifications of the surveillance system equipment may vary based on desired coverage, configuration, and size of the commercial property, the following are minimum specifications to be installed: Cameras: m IP - Enabled Ability to operate in all resolutions up to HDTV 720p/ 1MP Ability to record thirty (30) frames per second 2018060 } Flu iJj.T1U "Les - - 19 EDA Minutes Page 9 June 4, 2018 Capable of recording optimal images in all lighting conditions • Vandal- resistant + Weather -proof in extreme temperatures from -40° to 131 °F Network Video recorder. • Sufficient memory to retain data from all cameras for a period of fifteen (15) days • Capacity to deliver thirty (30) frames per second, per camera • Ability to produce a DVD -R copy of desired data APPLICATION PROCESS 1. Applications will be open on [DATE HERE 2018] 2. Applications will be accepted from October 29, 2018 to December 21, 2018. 3. Grants will be awarded, and applicants will be notified by February 4, 2019 via email correspondence. A Grant Agreement and if necessary a Lease Agreement for the exterior surveillance system must be approved and signed before commencement of any improvements. Please be sure to obtain all necessary Building Permits. 4. Upon being awarded, a meeting will be established to go over the submitted improvement plan to discuss grant expectations and to address grant concerns. 5. The grant recipient or its contractor must commence the improvements sixty (60) days after an approved Grant Agreement. The facade improvements must be completed within six (6) months after the issuance of the necessary Building Permits. 6. After fagade improvements are complete, the grant funds will be disbursed for reimbursement to the applicant after all of the following pieces of information have been submitted: a. Proof of Final Inspection by the Building Official b. A Copy of the Final Invoice Received from the Contractor c. Before and After Photographs d. Proof of Payment to the Contractor (i.e. receipt, invoice, etc.) ADDITIONAL INFORMATION REQUIRED APPLICATION MATERIALS + A complete application Clear and colored BEFORE photographs of exterior building + A detailed improvement plan of new exterior fagade improvements including design (sketches), color scheme, materials, project execution timeline, and overall budget for plan ■ Proof of good standing with the City • Submit 1 or 2 competitive proposal from licensed and bonded contractors. These proposals should give detailed information about the work to be done, the costs, and the project completion schedule. Any contractor that has submitted a competitive detailed estimate may be used. Contractors cannot be changed unless new proposals have been submitted and approved by the Fagade Grant Committee. * ** + Owners and merchants may also perform work on their own buildings; however, they will not be reimbursed for time while acting as contractor and /or installing material. Material costs and labor of employees are reimbursable; however, documentation must be produced for the number of hours worked on the project by the employees, the rate of pay of the employees' social security numbers etc. * ** 20180604 EDA Minutes — — 20 EDA Minutes Page 10 June 4, 2018 FAt ADE IMPROVEMENT GRANT PROGRAM — PROPOSED BUDGET OVERVIEW USES STATEMENT The Columbia Heights Economic Development Authority (the "EDA ") has identified a need to encourage the revitalization, rehabilitation, and restoration of exterior facades throughout the Central Avenue NE commercial corridor in the City of Columbia Heights (the "City "), but also an increased need to protect the vitality and economic performance of businesses with the installation of exterior surveillance systems. Between 2015 and 2017, the Columbia Heights Police Department responded and investigated 955 crimes along Central Avenue NE, including but not limited to arson, assault, burglary, fraud, robbery, shoplifting, theft, and vandalism. Therefore, in an effort to reduce the crime incident rate along Central Avenue NE and improve business vitality, the EDA desires to offer a fagade improvement grant program in exchange for the City to install an exterior surveillance system on the exterior of the respective business. As of March 16, 2018, the total project cost has been estimated to be $446,145. This estimate was based on commercial properties between 37th Avenue NE and 45th Avenue NE (the "Project Scope "), but more specifically where the crime incident rate was the highest. Please note that the proposed budget is subject to change based on several dependent and independent variables. Thus, the total project cost should be reevaluated annually to account for any substantive changes. The following table below provides a detailed use breakdown of the anticipated expenses for project completion: USES EXPENSES 1. Facade Improvement $ 350,000.00 II. Equipment Costs $ 70,500.00 III. Design/ Install $ 18,000.00 IV. Legal Drafting Fees $ 5,275.00 V. Lease Agreement $ 300.00 VI. Recording of Lease TOTAL USE FUNDS: $ 2,070.00 $ 446,145.00 • Fagade Improvement — these expenses account for the total amount of eligible commercial properties in the Project Scope receiving the maximum reimbursement for the respective exterior fagade improvements. ® Equipment Costs — these expenses include the cost of exterior surveillance systems at identified commercial properties in the Project Scope, such as the Network Video Reordering (NVR) device; and the amount of necessary high - performance cameras to be installed for increased security at adjacent businesses and public space. Design/ Install — these expenses include the design and installation of the exterior surveillance system for the respective grantee, and are estimated based on a standard design and install. Legal Drafting Fees — these expenses are incurred by the representation of Barna, Guzy & Steffen (BGS) as the legal agent with drafting and preparation of a Grant Agreement, and if necessary a Lease Agreement. Lease Agreement — in order for a lease agreement to be legally valid, there needs to be an offer, acceptance, and consideration. Therefore, the EDA shall, at a minimum, provide the grantee with consideration in the amount of $1.00. 20180604 EDA Minutes — — 21 EDA Minutes Page 11 June 4, 2018 Recording of Deeds — this expense include the costs of recording the Lease Agreements, and are estimated based on the 2018 fee schedule released by Anoka County. SOURCES STATEMENT The aforementioned expenses in connection with the Commercial Revitalization Project will be paid through the EDA Redevelopment Project Fund 408. Each source fund has its own specific purpose for expenses realized throughout the term length of the project. The EDA Redevelopment Project Fund 408 will fund the majority of expenses related to property acquisition and cost contingences, as well as all expenses realized for title insurance, legal closing costs, recording of deeds, and broker compensation. When and if project expenses exceed the remaining balance of a source fund, the Capital Improvement - Development Fund 420 will provide an interfund loan to the respective source fund. The following table provides a breakdown of the amount of funds that will be used from its respective source for project completion: SOURCES TOTAL BALANCE I. EDA Redevelopment Project Fund 408 $ 446,145.00 TOTAL SOURCE FUNDS: $ 446,145.00 FACADE IMPROVEMENT GRANT AGREEMENT THIS FACADE IMPROVEMENT GRANT AGREEMENT ( "Agreement "), dated this day of 2018 (the "Effective Date "), is entered into by and between [PROPERTY OWNER] a Minnesota [ENTITY TYPE] (the "Grantee "), and the Columbia Heights Economic Development Authority (the "EDA "). RECITALS WHEREAS, Grantee is [the owner of] [a tenant at] certain Property located at in the City of Columbia Heights (the "City "), Anoka County, Minnesota, and legally described in Exhibit A hereto (the "Property "); WHEREAS, the EDA, in cooperation with the City and its police department, has instituted a Fagade Improvement Grant Program (the "Program ") for the purpose of revitalizing existing store fronts, increasing business vitality and economic performance, and decreasing criminal activity; WHEREAS, as part of the Program, the EDA has proposed to make grants of money in the maximum amount of $5,000.00 per parcel of real property, to property owners, tenants, or nonprofit organizations, in order to revitalize, rehabilitate, and restore exterior store fronts within the Central Business District in the City (the "CBD "), increase business vitality and economic performance in the CBD, and in certain instances, to provide monitored surveillance within the CBD; and WHEREAS, Grantee desires to participate in the Program, on the terms and conditions set forth below. 20180604 EDA Minutes — — 22 EDA Minutes Page 12 June 4, 2018 NOW, THEREFORE, in consideration of the premises and of the agreements hereinafter contained, the parties agree as follows: 1. Property Improvements: Grantee agrees to complete the improvements at the Property that are identified on Exhibit B attached hereto (the "Improvements "), subject to the following terms and conditions: a. If requested by the EDA, Grantee shall provide plans and specifications to the EDA, detailing the Improvements to be constructed (the "Plans "). If Grantee wishes to revise the Plans, Grantee must submit the revised Plans to the EDA at the address provided herein. The EDA shall give written notice of its approval or disapproval of the revisions to the Plans, and if the EDA does not give such written approval or disapproval within ten (10) business days after receipt of Grantee's revised Plans, the EDA shall be deemed to have approved the revisions to the Plans. b. The Improvement shall be constructed consistently with the Plans, as the same may be revised pursuant to Section 1(a) herein. The cost to complete construction of the Improvements shall be defined as the "Improvement Costs." The Improvements shall be completed in a first -class manner, consistent with the Plans, if any, and in compliance with all applicable laws, rules, and regulations. Grantee shall obtain all required permits and approvals from the City and any other governing authority with jurisdiction over the Property related to the construction of the Improvements. The out -of- pocket costs for such permitting and approvals shall be the responsibility of Grantee, provided the same shall be included in the definition of "Improvement Costs," and subject to the provisions of Section 2 of this Agreement. c. Grantee agrees to commence the Improvements within sixty (60) days following the Effective Date, and to complete the Improvements within six (6) months following the issuance of all necessary building permits, but in no event later than eight (8) months following the Effective Date. 2. Pa ment of Grant Funds: Grantee shall be responsible for making initial payment to all contractors involved in the construction of the Improvements. Upon final completion of the Improvements, Grantee shall make a written request to the EDA for reimbursement of one -half (1/2) of the actual Improvement Costs incurred by Grantee, but in no event shall the reimbursement exceed Five Thousand Dollars ($5,000.00). The written request shall include: a. Proof of final inspection of the Improvements by the City building inspector; b. Before and after photographs of the Property, reflecting the Improvements made (as well as follow -up transmission of electronic files of such photographs), and reflecting that the Improvements were completed consistently with any approved Plans; c. A copy of the final invoice(s) received from the contractor(s) who completed the Improvements; and d. Proof of payment of invoice(s) that comprised the Improvement Costs. Following Grantee's written request for reimbursement, Grantee shall cooperate with the EDA in delivering to the EDA such follow -up information as is reasonably requested by the EDA in order to review the Improvements and Improvement Costs reimbursement request. Within twenty -one (21) days following receipt of Grantee's written request for reimbursement of Improvement Costs, the EDA shall: (i) make payment of the reimbursement, (ii) send Grantee written explanation of such other items 20180604 EDA Minutes — — 23 EDA Minutes Page 13 June 4, 2018 of information as are needed by the EDA to evaluate the reimbursement request, or (iii) send Grantee written explanation of the EDA's reasons for denial of repayment of any of Grantee's requested reimbursement. 3. LiabilitV for Improvements: Neither the City nor the EDA shall in any event be liable to the Grantee, nor to any of its agents, employees, guests or invitees at the Property for, and the Grantee shall indemnify, save, defend, and hold harmless the City and the EDA from, any claims or causes of action, including attorney's fees incurred by the City or the EDA, arising from defect or claimed defect of any of the Improvements, or arising from any action of the City or the EDA under this Agreement. This section shall survive the termination or expiration of this Agreement. 4. Written Notice: Wherever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered when actually received by the designated addressee or regardless of whether actually received or not, when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the parties hereto at their respective addresses, as set forth below, or at such other address as they may subsequently specify by written notice. EDA: olumbia Heights EDA ommunity Development De 90 40th Avenue N.E. olumbia Heights, MN 55421 Captions: Choice of Law; Etc. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the subject matter contained herein. There are no verbal agreements that change this Agreement. This Agreement binds and benefits the parties hereto and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. IN WITNESS WHEREOF, Grantee and the EDA have signed this Agreement as of the day and year first above written. GRANTEE: By: Name: Its: Date: P5 ) 60 ., L r , k N S - 24 EDA Minutes Page 14 June 4, 2018 EDA: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Name: Its: Date: EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT B PROPERTY IMPROVEMENTS SUBJECT TO 50% REIMBURSEMENT 20180604 EDA Minutes — 25 EDA Minutes Page 15 June 4, 2018 AGREEMENT AND GRANT OF LICENSE THIS AGREEMENT AND GRANT OF LICENSE ( "Agreement "), dated this day of 2018 (the "Effective Date "), is entered into by and between [PROPERTY OWNER] a Minnesota [ENTITY TYPE] (the "Owner"), and the City of Columbia Heights, a Minnesota municipal corporation (the "City "). RECITALS WHEREAS, Owner is the owner of certain Property located at in the City of Columbia Heights, Anoka County, Minnesota, and legally described in Exhibit A hereto (the "Property "); WHEREAS, the Columbia Heights Economic Development Authority (the "EDA "), in cooperation with the City and its police department, has instituted a Fagade Improvement Grant Program (the "Program ") for the purpose of revitalizing existing store fronts, increasing business vitality and economic performance, and decreasing criminal activity; WHEREAS, as part of the Program, the City has proposed to place surveillance cameras on the front fagade of certain buildings whose owners have elected to participate in the Program, and in connection with the placement of such surveillance cameras, house electronic recording equipment on the interior of said buildings (the "Surveillance "); and WHEREAS, Owner, or a tenant of the Property, desires to participate in the Program and desires to have the Property host Surveillance equipment for the improvement of public safety in and around the Property. NOW, THEREFORE, in consideration of the premises and of the agreements hereinafter contained, the parties agree as follows: 1. Grant of License: Subject to the terms of this Agreement, Owner hereby grants a license to the City for ten (10) years, commencing on _ , 2018, and expiring on 2028 (the "License Term "), over the area of the fagade of the Property described or depicted on Exhibit 8 hereto, together with space inside of the building located on the Property (the "Building ") for the housing of electronic recording equipment, as described or depicted on Exhibit B hereto (collectively, the "License Area "), for the following purposes: a. The City shall have the exclusive right subject to the terms of this Agreement to install, operate, maintain, repair and replace, all as deemed necessary by the City, the Surveillance equipment in the License Area. b. Though the City shall have the exclusive right to use the License Area within the Building, the City shall give the Owner reasonable advance notice before it accesses the License Area inside of the Building. "Reasonable advance notice" for purposes of this paragraph shall take into account the facts and circumstances giving rise to the City's needing to enter the Building to access the License Area. 26 EDA Minutes Page 16 June 4, 2018 c. The City, and its agents and employees, shall have rights of ingress and egress throughout such portions of the Property as are reasonably necessary to access the License Area for the purpose of accessing the Surveillance equipment, subject to the provisions of Section 1(b) above, regarding interior areas of the Building. 2. License Fee: In consideration of the foregoing, including the Recitals to this Agreement, which are incorporated herein as an integral part of this Agreement, the City shall pay to Owner a one -time license fee of Ten Dollars ($10.00) for the license granted hereunder. 3. Maintenance and Repair: Owner shall at all times during the term of this Agreement keep the Property in commercially reasonable condition and repair, subject to ordinary wear and tear, and not permit through its own acts or the acts of its agents, employees, or invitees, damage to the Surveillance equipment or the License Area. Owner shall promptly report to the City any instance of damage to the Surveillance equipment or the License Area, regardless of causation. Any damage to the Surveillance equipment or License Area caused by Owner, or its agents, employees, guests or invitees (collectively, the "Owner Parties "), shall be repaired at the cost and expense of Owner; provided any such repairs shall be first approved by the City, and at the City's election, done at the direction of the City. 4. Damage to Property: Any damage to the Surveillance equipment other than that caused by any of the Owner Parties shall be repaired or replaced, if at all, solely at the discretion of the City and at the cost and expense of the City, provided, in no event shall the City's failure or delay to so repair or replace the Surveillance equipment constitute a waiver by the City of its rights under this Agreement, and the City shall be permitted to continue or discontinue its use of the License Area for the uses granted hereunder at any time during the License Term. 5. Utilities Taxes Ex enses and Special Assessments: Owner shall be solely responsible for all real estate taxes, special property assessments, and utility expenses for the Property. The City shall be permitted to connect its Surveillance equipment to an electrical power source at the Property, and such electrical power shall be provided at the Owner's expense, it being acknowledged that the Owner is benefiting from the improved public safety resulting from the Surveillance. Termination of Agreement: This Agreement may not be terminated by the Owner prior to the expiration of the License Term. The City may terminate this Agreement for any reason or no reason, upon thirty (30) days written notice to the Owner. Upon the expiration of the License Term or earlier termination of this Agreement, the City shall remove all of the Surveillance equipment from the License Area, and shall make all reasonable efforts to cause minimal damage to the Property and License Area in so removing the Surveillance equipment. 7. Liability for Improvements: The City shall in no event be liable to the Owner, nor to any of Owner's agents, employees, guests or invitees at the Property for, and the Owner shall indemnify, save, defend, and hold harmless the City from, any claims or causes of action, including attorney's fees incurred by the City, arising from any action of the City under this Agreement. This section shall survive the termination or expiration of this Agreement. 20180604 EDA Minutes 27 EDA Minutes Page 17 June 4, 2018 8. Written Notice: Wherever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered when actually received by the designated addressee or regardless of whether actually received or not, when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the parties hereto at their respective addresses, as set forth below, or at such other address as they may subsequently specify by written notice. City of Columbia Heights Community Development Department 59040 th Avenue N.E. umbia Heights, MN 55421 f to Owner: ttn: 9. Covenant to Run with Land: This Agreement shall be binding in all respects upon the parties hereto, their respective successors and assigns, and the Property. 10. Captions; Choice of Law; Etc. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the License granted herein. There are no verbal agreements that change this Agreement. This Agreement binds and benefits the parties hereto and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. IN WITNESS WHEREOF, Owner and the City have signed this Agreement as of the day and year first above written. OWNER: By:_ Name: Its: STATE OF MINNESOTA j j ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of _, 2018, by , the of a Minnesota , who executed the foregoing instrument on behalf of said Notary Public �i 8 ,0 M es - — 28 EDA Minutes Page 18 June 4, 2018 IN WITNESS WHEREOF, Owner and the City have signed this Agreement as of the day and year first above written. CITY STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) CITY OF COLUMBIA HEIGHTS a Minnesota municipal corporation By: By: Donna Schmitt, Mayor Walter Fehst, City Manager The foregoing instrument was acknowledged before me this _ day of , 2018, by Donna Schmitt and by Walter Fehst, respectively being the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, who executed the foregoing instrument on behalf of said municipal corporation. Notary Public EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT B DEPICTION AND /OR DESCRIPTION OF THE LICENSE AREA -'—FDA—MiTnates 29 EDA Minutes Page 19 June 4, 2018 OTHER BUSINESS: 1. Business Retention & Expansion Discussion Akua Opoku, intern with the Community Development Dept. since the end of February 2018, introduced herself to the Commission. She explained that one of her responsibilities is to develop the City's first Business Retention and Expansion (BRE) Program. While developing this program she found it critical to better under Columbia Heights business community directly from the businesses themselves. In order to gain insight from businesses and to better develop a program that accurately reflects their needs, a business survey was developed for new and older business to provide their information and experiences to the City. She explained that the survey is designed to determine the business community's wants, struggles, needs, and desires in order to be successful within our community. The following documents were provided to the members: *The Business Survey Process for the BRE Program for Columbia Heights *The Short Business Survey *The Long Business Survey *The Alternative Survey Return options *Survey Guidance Script Business Survey Process • STEP 1: How often should businesses take the survey (long & short)? o New Businesses should take the short survey within 3 -6 months of opening in Columbia Heights o Older Businesses (1 year or more in Columbia Heights) should take the long survey biannually STEP2: How surveys are distributed? • The Community Development Dept. sends short and long surveys to the Fire Department • The Fire Dept. inspects all commercial property annually, generally October through February. Rental licensing and property maintenance inspections the rest of the year. o The Fire Dept. distributes the surveys ■ Process: • Fire Dept. welcomes new business to Columbia Heights and ask the manager or owner to complete the (long or short) business survey depending on if the business is new or older • During the building inspection the business survey is being filled out • At the end of the building inspection, the fire fighter collects the survey and leaves the business card of Keith Dahl from Community Development Dept. • Completed business surveys are then sent to Keith Dahl • STEP3: How surveys are collected? o Process: Applies to Short & Long Surveys ■ Once the surveys are collected by the Fire department at the end of the inspection they are sent to the Community Development Dept. ■ The surveys are sent within one week of collection to the Community Development Dept. to be entered into the computer system in the BRE Program folder 30 EDA Minutes Page 20 June 4, 2018 BUSINESS SURVEY (Short Form) Purpose: To gain a sense of Columbia Heights business community's needs and desires Date: Business Name: Select Primary Business Sector: 71 Agriculture /Forestry /Fishing or Hunting Mining Utilities C Construction C' Manufacturing ❑ Wholesale Trade C Retail Trade El Transportation /Warehousing Information C Finance /Insurance Real Estate /Rental and Leasing Professional /Scientific/ Technical Services G Management of Companies & Enterprises Number of Employees: Part-Time: Full -Time: 7 Administration /Support/Waste Management /Remediation Services Educational Services Health Care /Social Assistance Arts /Entertainment /Recreation Accommodation /Food Services Other Services Facility (Owned or Leased): (Example: Owned- since Date or Leased -since Dates) BUSINESS FUTURE Business Projection: Where do you see you business heading in the coming years, short and long term? Does this business plan to (Check all that apply): ❑ invest in new facilities ❑ Make major equipment purchases ❑ Renovate /Expand current facilities Please explain: Business Management Changes: Has the business's ownership or top management change in the last year? Job Growth: In the next year, do you expect the number of jobs at this facility to: ❑ Increase ❑ Decrease ❑ Stay the same ❑ Unsure BUSINESS SAFETY What are some of the most pressing public safety /crime related issues that impact your business? What can the City of Columbia Heights Police do to address the concerns raised above? City Advantages: Why is your business in Columbia Heights? City Challenges: What can the City do to better serve the business community? 20180604 EDA Minutes — — 31 EDA Minutes Page 21 June 4, 2018 5. Community Strengths /Weaknesses Based on the following factors, please rate this communit as a place for your Rate 1 -5: 1 =Poor and S= Excellent company to do business: 5.1 K -12 education 5.2 Higher education 5.3 Public transportation 5.4 Highway infrastructure 5.5 Air service 5.6 Telecommunications services 5.7 Business assistance 5.9 Cultural opportunities 5.10 Recreational opportunities 5.11 Crime Rate 5.12 Proximity to suppliers 5.13 Availability of buildings 5.14 Availability of land 5.15 Availability of housing 5.16 Energy reliability 5.17 Regulatory enforcement (fair & equitable) 5.18 Energy cost 5.19 Localtaxes 5.20 Cost of buildings 5.21 Cost of land 5.22 Cost of housing 5.23 Labor costs 01 02 03 04 05 ❑N /a 01 02 03 114 115 ❑N /a 01 0 D3 0 05 ❑N /a 111 112 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 D5 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 115 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 115 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 114 05 IAN /a 01 02 03 04 05 7N /a 20180604 EDA Minutes — — 32 EDA Minutes Page 22 June 4, 2018 BUSINESS SURVEY (Long Form) Purpose: To gain a sense of the business community's time in Columbia Heights and continued needs Date: Business Name: Select Primary Business Sector: ❑ Agriculture /Forestry/Fishing or Hunting ❑ Mining ❑ Utilities ❑ Construction ❑ Manufacturing ❑ Wholesale Trade ❑ Retail Trade Number of Employees: Part-Time: ❑ Transportation /Warehousing ❑ Information ❑ Finance /Insurance ❑ Real Estate /Rental and Leasing ❑ Professional /Scientific/ Technical Services ❑ Management of Companies & Enterprises Full -Time: Wage Range for Employees: (i.e.) $15 -$30hr ❑ Administration /Support/Waste Management /Remediation Services ❑ Educational Services ❑ Health Care /Social Assistance ❑ Arts /Entertainment /Recreation ❑ Accommodation /Food Services ❑ Other Services Types of Positions Available: (i.e.) Manager, Host, Cashier, Assistant, etc. Facility (Owned or Leased): (Example: Owned- since Date or Leased -since Dates) BUSINESS TIME IN CITY: Has your business felt supported by the City since opening your business in Columbia Heights? Has your business utilized the business resources on the city website? If so which one(s)? Do you think the City needs to provide more resources for businesses? If so what kind of resources? BUSINESS FUTURE Business Projection: Where do you see your business heading in the coming years, short and long term? Does this business plan to (Check all that apply): ❑ Invest in new facilities ❑ Make major equipment purchases ❑ Renovate /Expand current facilities Please explain: 20180604 EDA Minutes 33 EDA Minutes Page 23 June 4, 2018 Business Management Changes: Has the business's ownership or top management change in the last year? Job Growth: In the next year, do you expect the number of jobs at this facility to: ❑ Increase ❑ Decrease ❑ Stay the same ❑ Unsure BUSINESS SAFETY What are some of the most pressing public safety /crime related issues that impact your business? What can the City of Columbia Heights Police do to address the concerns raised above? Does your business have security cameras internally, externally, or both? City Advantages: Why is your business in Columbia Heights? City Challenges: What can the City do to better serve the business community? S. Community Strengths /Weaknesses Based on the following factors, please rate this community as a place for your Rate 1 -5: 1 =Poor and 5= Excellent company to do business: 5.1 K -12 education 5.2 Higher education 5.3 Public transportation 5.4 Highway infrastructure 5.5 Air service 5.6 Telecommunications services 5.7 Business assistance 5.8 Sewage treatment 5.9 Cultural opportunities 5.10 Recreational opportunities 5.11 Crime Rate 5.12 Proximity to suppliers 5.13 Availability of buildings 5.14 Availability of land 5.15 Availability of housing 5.16 Energy reliability 5.17 Regulatory enforcement (fair & equitable) 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 115 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a ❑1 02 03 04 05 ❑N /a 01 El D 04 05 ❑N /a 01 02 03 04 05 ❑N /a D 02 03 04 05 ❑N /a 01 02 03 04 05 ❑N /a 20180604 EDA Minutes - - 34 F5.18 E Alternative Survey Return C► tions 1. MAIN OPTION: Give completed survey to Fireman after about 45min inspection is complete 2. Provide an envelope for businesses to mail back completed surveys a. Concerns: i. Does the City provide the stamps? ii. How much are stamps? $0.49 each 1. For the City to pay: 50 business surveys cost $24.50 100 business surveys cost $49.00 200 business surveys cost $98.00 iii. Is this a significant obstacle for businesses sending back surveys? 3. Drop off the completed survey at the Fire Department or Community Development Department a. Concerns: i. Can people drop off the survey in the time frame City Hall or Public Safety is open? 1. Possible Solution: Drop off survey in the utility box outside City Hall then the staff in utilities would direct the surveys to Community Development Incentive Ideas: What incentive do businesses have to send the survey back? ■ Give away Columbia Heights gifts that are in storage ■ The City will be more likely to tailor resources to help that particular business ■ City can let businesses know of opportunities and resources s Businesses will be flagged as a "non- complete survey" business ■ A chance to be entered into some type of prize lottery once a survey is submitted to the City Follow Up Tactics: An effort to obtain a 100% return rate ■ STEP 1: A red flag will be tagged to the business and recorded with the Fire Dept. & the Community Development Dept. that the City is waiting for their survey ■ STEP 2: Within two days of receiving survey the Fire Dept. or Community Dev. will call businesses to remind them to submit their completed survey to the City and remind them of the benefits of submitting the survey ■ Send out a notice to complete the survey o Concern: ■ What's the cost to send out paper notices? ■ Who will distribute notices? 20180604 EDP, Minutes 35 nergy cost ❑ 1 ❑ 2 ❑ 3 ❑ 4 115 ❑ N/a 5.19 Local taxes ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ N/a 5.20 Cost of buildings ❑ 1 ❑ 2 ❑ 3 114 ❑ 5 ❑ N/a 5.21 Cost of land 01 02 03 04 05 ❑N /a 5.22 Cost of housing ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ N/a 5.23 Labor costs ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ N/a Alternative Survey Return C► tions 1. MAIN OPTION: Give completed survey to Fireman after about 45min inspection is complete 2. Provide an envelope for businesses to mail back completed surveys a. Concerns: i. Does the City provide the stamps? ii. How much are stamps? $0.49 each 1. For the City to pay: 50 business surveys cost $24.50 100 business surveys cost $49.00 200 business surveys cost $98.00 iii. Is this a significant obstacle for businesses sending back surveys? 3. Drop off the completed survey at the Fire Department or Community Development Department a. Concerns: i. Can people drop off the survey in the time frame City Hall or Public Safety is open? 1. Possible Solution: Drop off survey in the utility box outside City Hall then the staff in utilities would direct the surveys to Community Development Incentive Ideas: What incentive do businesses have to send the survey back? ■ Give away Columbia Heights gifts that are in storage ■ The City will be more likely to tailor resources to help that particular business ■ City can let businesses know of opportunities and resources s Businesses will be flagged as a "non- complete survey" business ■ A chance to be entered into some type of prize lottery once a survey is submitted to the City Follow Up Tactics: An effort to obtain a 100% return rate ■ STEP 1: A red flag will be tagged to the business and recorded with the Fire Dept. & the Community Development Dept. that the City is waiting for their survey ■ STEP 2: Within two days of receiving survey the Fire Dept. or Community Dev. will call businesses to remind them to submit their completed survey to the City and remind them of the benefits of submitting the survey ■ Send out a notice to complete the survey o Concern: ■ What's the cost to send out paper notices? ■ Who will distribute notices? 20180604 EDP, Minutes 35 EDA Minutes Page 25 June 4, 2018 Fire Department Script for Business Survey Distribution & Collection Process There may be some questions that come up when individuals are completing their surveys. Here are some potential answers for sections of the survey. • Basic Business Information o This information helps the City gain a sense of what kind of businesses Columbia Heights is attracting o Wages & Positions: To gain a better sense of job opportunities in the City • Business Time In City o To gain a sense of what resources business need to succeed ■ Business Future o This will help the City be better able to tailor resources and opportunities to help your business succeed o Business Management Question: This helps the City know who to contact in the future if a resource, opportunity, or concern arises • Business Safety • The City wants to know the business perspective on public safety and crime levels in the Columbia Heights • Surveillance: There is a grant program available through the City called the Fagade Improvement Grant Program that's an opportunity to improve building exterior and get surveillance cameras for the business. To get more information you can contact the City's Community Development Department. • City Advantages o This is to gain a sense of what attracts businesses and help with business recruitment for Columbia Heights. • City Disadvantages o To gain fresh ideas on how to tackle community challenges • Community Strength & Weaknesses o For the City to gain a more detailed sense of the community from the residents Questions /Comments Murzyn asked if the survey was mandatory and how that could be enforced. Akua stated it will be highly encouraged for them to fill it out as the information provided will help the City develop programs that may help them succeed. She reviewed some of the possible incentives that were included in the "Survey Return Options" that could be used to increase the cooperation of the business owners. Szurek asked if it would go out to all businesses. Akua stated that it would go out to businesses along Central Ave first and then expand throughout the City. If the Fire Dept. disburses these during their annual inspections, it would go out according to their scheduled visits. 20180604 EDA Minutes — 36 EDA Minutes Page 26 June 4, 2018 Buesgens asked if they would have the option of filling it out on -line. Dahl said that is not an option right now, but with the new Communications person on board, it may be sometime in the future. Fehst said businesses already receive a lot of surveys and other routine mail requesting information, so it may be considered "garbage mail" to some. Small business owners don't have the time to deal with a lot of these requests. Szurek agreed and suggested it be shortened up. She asked if other communities had tried this type of survey. Akua stated that she obtained information from other cities such as Coon Rapids, Blaine, and Anoka who have gone through this process. We incorporated some of the same questions into our survey. Buesgens felt we may get better results if staff would go visit the businesses personally and not do through the Fire Dept inspection time. She felt the personal contact and a chance to speak with the owners may bring better results. Buesgens then asked if we have an updated business list yet. Dahl said staff is still working on that. Fehst asked how long staff thought it would take to get some measureable feedback. Hogeboom thought 1 -2 years. Hogeboom told members that another project the City is working on to help the business community is holding a job fair this fall. He said the City is partnering with the School District, Police Dept, Business Council, and other various City Depts. to help match up students and adults with local businesses that may be hiring. Dahl announced that the EDA will not hold a meeting in July. Motion by Buesgens, seconded by Murzyn to adjourn the meeting at 6:40 pm. Respectfully submitted, Shelley Hanson Secretary 20180604 EDA Minutes — — 37 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved 3939 Central Ave NE, Columbia Heights, MN 55421 8/1/2018 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, June 13th, 2018 The meeting was called to order in the History Room by Chair, Patricia Sowada, at 5:31pm. Members present: Patricia Sowada, Catherine Vesley, Stephen Smith, Tricia Conway, and Council Liaison, Robert "Bobby" Williams (Absent: Nancy Hoium). Also in attendance: Renee Dougherty (Library Director); Nick Olberding (Recording Secretary); Margo Ashmore (Publisher: Northeaster); Ben Sandell (CH Communications Coordinator). The Minutes of the May 2 "d, 2018 Board Meeting were approved. Bill List dated May 2 "d, 16th, and 30th, 2018 were reviewed. All were individually moved, seconded, and passed that the bills be paid. Accounting Sheet as of June was reviewed, and approved. • questions and discussions based on Bills and Accounting: Boiler Pump Replacement: Already ?! It has been in place for 2.5 years at this point, and is out -of- warranty. Steve intends to speak with Public Works to get to the bottom of why it had already failed. • Polish American Journal: Library paid the renewal cost for this; Pat Sowada will have the Sister Cities group donate the cost to reimburse the library for the subscription. • Orkin: Bugs ?! No. The library is part of a contract for pest prevention, like all other city -owned buildings. Old Business: Final Jamboree Parade Planning: June 22 "d, 2018... check -in is at 5:30pm, and the start-time is 6pm. Meet at 5pm at the library, and ride the truck to the start of the parade (dropped back off afterwards). • Flatbed truck will be delivered to the Library around noon for decorating. • Confirmed Participants: Catherine, Pat, Steve (Board); Jane, Rita (Friends); Renee, Kelly, Nick, Cortni, Bri (Staff) Agenda for the First Meeting of the CHPL Public Arts Committee: Meeting will occur on June 27' at 5:30pm in the History Room of the Library, and will focus on the Columbia Heights Photography Contest that will accompany the Library's anniversary celebrations this fall, with the help of Margo Ashmore. Agenda soon to come. Staffing Update: Nancy Soldatow's last day is July 2 "d, and our new hire would be scheduled to start on July 9th. There were eight applications received by the City; after review, three were given interviews. A conditional offer was made to Barb Kondrick (pending drug test and background check). New Business: Proposed Photography Contest: Margo Ashmore (Northeaster Newspaper) would like to collaborate with the Library on a Photography Contest to celebrate the CHPL 90th Anniversary and the Northeaster's 35th Anniversary. Margo with the resources of the Northeaster would take the lead on the project. Focus of the entries will ideally be Columbia Heights Pride, with a focus on people and places (Ben Sandell, from experience with Golden Valley's annual competition, mentioned if you don't narrow down a theme, you'll end up with mostly flowers and insects). Margo will write up a preliminary framework, and have it ready for the first meeting of the newly formed CHPL Arts Committee on June 271h (5:30pm); would like the Arts Committee to help facilitate the contest and subsequent exhibition of the finalist's photography. • Contest Rules: TBD; Anticipated Deadline: October 1ST; Exhibition: Starting December 11t • Catherine Vesley motioned to approve the CHPL involvement, and CHPL Arts Committee participation in the 38 Anniversary Photography Contest; Tricia seconded; all in favor. Approved. Preliminary 2019 Budget: City administration has suggested a 3.9% increase in departmental budgets. Known increases to the 2019 library budget at this time include IS Support (15%), Building Maintenance labor (11%); property and liability insurance (6%), and utilities (electric /gas: S % ... water /sewer: 2.5%). Library staff labor and insurance costs are estimated at 3% but also include step increases for four of six full -time staff and five of twelve part -time staff. $11,000 is being transferred from the city cable channel budget to the Library to offset increases. Budgets were due last week; the submitted budget from the Library includes a 5.25% increase, with cuts to spending for books, periodicals, supplies, CDs, DVDs, and community events /programs. The city manager and finance staff will review and determine if more cuts need to be made. Consensus that reducing library hours is only a last resort. Revise Food Policy in Facility Use Agreement: Due to repeated issues, concerns, and confusion, library staff would like to restrict food in the Library's Community Room. The language in the original policy was broad /vague, and lead to many violations (both intentional, and not). It is requested that Guideline 11 be changed to reflect the restriction of food. • This change applies to reservations by individuals, groups, organizations, and businesses not affiliated with the City /Library. Library and City events, programs, clubs, and meetings would not be affected. • Catherine motioned to approve the modification; Pat Sowada seconded; all in favor. Approved. Items from the Floor: • Sculpture donation from Dr. Good. Catherine had been trying to reach Good by phone, to no avail; Bobby Williams stopped by recently, in- person, but he was only able to speak to Good's daughter (the Doctor had already moved out). No news on the fate of the sculpture, but it would seem the Board didn't act quickly enough and the statue is no longer available. ■ Catherine suggested that we should have a comprehensive brochure conveying options for donations /gifts to the library: covering books, supplies, materials, art, and funds... including estate related donations (also expressing what we do not accept). She will pull together some examples of these types of literature from other entities for the Board to review. Foundation should also be involved. • The Library's monument sign went before the City Council, and was approved. • The Columbia Heights Library is one of five recipients of the 2018 AIA Minneapolis Merit Award. 19 AIA Minneapolis awarded five Merit Awards to projects designed by AIA Minneapolis architects that tell a story of excellence beyond design; emphasize public interest design; and embrace the varied forces that shape a building. Unique in its approach to assembling a jury, the AIA Minneapolis Merit Award encompasses the views of business professionals, real estate developers, community advocates, academic leaders, as well as architects. The jury reviewed how well the entries achieved client /team satisfaction, technical innovation, environmental responsibility, budget /business success, community impact, and the architectural solution. The Merit Awards will be presented to recipients at the AIA Minneapolis Chapter Luncheon on June 28 at International Market Square in Minneapolis. • Community Picnic: June 19th, 4:30- 7:OOpm. Members of the Library will host a table. • Mobile Vietnam War Memorial: June 21 -24th at the Minnesota Capitol. There being no further business, a motion to adjourn was made at 7:19pm by Patricia Sowada, and seconded. Respectfully submitted, 4 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. 39 AGENDA SECTION CONSENT CH COLUMBIA ITEM NO. 7C HEIGHTS MEETING DATE AUGUST 13, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approving a professional services agreement between the City of Columbia Heights and McGrath Consulting Group, Inc. for a Public Safety Staffing Study DEPARTMENT: Administration CITY MANAGER'S APPROVAL: BY /DATE: Kelli Bourgeois / August 9, 2018 BY /DATE: �•� �' CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? #2: Economic Strength SHORT TERM GOAL (IF APPLICABLE): #2 Conduct an Evaluation of City Services and Staffing Levels Additional Goal? N/A BACKGROUND: The City Council included $60,000 for a staffing study of the Police and Fire Departments in the 2018 budget. Although issuing a Request for Proposals for the study was not required, it was felt that doing so would benefit the City by opening the process up to all interested parties and establishing a competitive process in which to evaluate proposals. This process was successful as we received eight proposals in response to the RFP with costs ranging from $18,980 to $70,854. Staff from the Fire Department, Police Department, and Human Resources met to review and rank all of the proposals and after many hours of review and discussion, as well as reviewing final reports that consultants have done for other Minnesota agencies, the group is recommending the City Council contract with McGrath Consulting, in the amount of $59,750, to conduct the staffing study. Although they are not the lowest priced firm, staff felt McGrath Consulting has the most relevant, local experience, best addressed the specific areas of our RFP within their proposal, are experienced in and able to accurately address the inspections area of Fire; and in reviewing a few reports they have done for other Minnesota agencies, staff felt they were thorough and included the appropriate level of data collection and analysis in all aspects. RECOMMENDED MOTIONS: Motion: Move to waive the reading of Resolution 2018 -52, there being ample copies available to the public. Motion: Move to adopt Resolution 2018 -52 Approving a professional services agreement between the City of Columbia Heights and McGrath Consulting Group, Inc. for a Public Safety Staffing Study, and authorize the Mayor and City Manager to execute the agreement. ATTACHMENTS: Resolution 2018 -52 Professional Services Agreement 40 RESOLUTION NO. 2018 -52 Resolution of the City Council for the City of Columbia Heights entering into an agreement with McGrath Consulting, Inc. to conduct a Public Safety Staffing Study. WHEREAS, The City Council included $60,000 in the 2018 budget to conduct a Public Safety Staffing Study for both the Police Department and Fire Department; and WHEREAS, on May 18, 2018 the City released a request for proposals for the staffing study, and by the June 25, 2018 submittal due date had received eight proposals; and WHEREAS, staff from City Police, Fire, and Administration reviewed the proposals and recommended the City Council contract with McGrath Consulting, Inc. to conduct the staffing study for a total cost of $59,750. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. That the City of Columbia Heights hereby enters into a contract with McGrath Consulting, Inc., attached as Exhibit A, to conduct a Public Safety Staffing Study for the Police and Fire Departments. 2. That the City Manager is hereby authorized to sign the contract with McGrath Consulting, Inc. Passed this 13th day of August, 2018 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 41 AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND McGRATH CONSULTING GROUP, INC. FOR A PUBLIC SAFETY STAFFING STUDY - FIRE /EMS & POLICE THIS AGREEMENT made by and between McGrath Consulting Group, Inc., hereinafter called the Consultant, and the City of Columbia Heights, hereinafter called the City. WHEREAS, the consultant submitted a proposal, dated June 2018, to the City to conduct a Public Safety Staffing Study (police, fire, and EMS) for the City of Columbia Heights. NOW, THEREFORE, the parties (the City and the Consultant) do mutually agree to the following: The City shall engage the Consultant to perform the work described in its proposal of June 2018, referred to as the PROJECT, which is incorporated herein by reference. The PROJECT shall be undertaken and completed in such sequence as to assure the expeditious completion and best carry out the purposes of the agreement. The PROJECT will begin no later than September 2018. The Consultant agrees to complete the PROJECT in the agreed upon timeline for a total compensation of $59,750 in consultation fees and expenses. The City agrees to pay the Consultant for work on the PROJECT and expenses incurred, as the performance of such work is approved by the City and documented by the Consultant, by submission of an invoice for $5,000 after receipt of the signed contract; $44,750 upon submission of the draft report; and the balance - $10,000 upon submission of the final report. The City shall remit payment within 30 days of receipt of said approved billing. In consideration of this agreement, the City agrees to: Assure reasonable access to the members of each organization, i.e., City, police, fire, and EMS departments, and other appropriate employees. Afford prompt decisions on matters affecting the progress of the work. GENERAL CONSIDERATIONS 1. Ownership and Proprietary Information - The parties expressly agree that all data, documents, records, studies, or other information McGrath Consulting Group, Inc. 42 generated, created, found or otherwise completed by consultant in the performance of consultant's duties under the terms of this contract shall at all times remain the proprietary information of and under the ownership of the City. All data, documents, records, studies, or other information generated, referred to above, shall be provided to the City by consultant upon request so long as the City is not in default under other terms of this agreement. 2. Nondiscrimination - In consideration of the signing of this Agreement, the parties hereto for themselves, their agents, officials, employees, and servants agree not to discriminate in any manner on the basis of race, color, creed, or national origin with reference to the performance of this Agreement. 3. Termination and Suspension a. This Agreement will continue in full force and effect until completion of the PROJECT as described in the proposal unless it is terminated for nonperformance as outlined below. b. If either party fails to perform as required by this Agreement, the other party may terminate it by giving written notice of such failure to perform and the intent to terminate. If the party receiving such notice does not cure its failure to perform within 20 days of such notice, the party issuing such notice may then terminate the Agreement by giving written notice of termination to the other party. C. In the event of termination, the Consultant will be paid by the City for all services actually, timely, and faithfully rendered up to the receipt of the notice of termination. The Consultant will provide all work documents developed up to the time of termination after the City renders final payment for service. 4. Successors and Assigns - The City and the Consultant each bind the other and assigns, in all respects, to all of the terms, conditions, covenants, and provisions of this Agreement, and any assignment or transfer by the Consultant of it interest in this Agreement without the written consent of the City shall be void. 5. Compliance with Law -The Consultant will comply with any and all applicable federal, state, and local laws as the same exist and may be amended from time to time. McGrath Consulting Group, Inc. 2 08/10/18 43 6. Amendment of Agreement - This Agreement shall not be altered, changed or amended except by mutual written agreement of the parties. 7. Confidentiality - "Any information provided by the City to the Consultant shall be governed by, and maintain its classification under, the Minnesota Government Data Practices Act." Any confidential information provided to or developed by the Consultant in the performance of the agreement shall be kept confidential and not made available to any individual or organization by the Consultant without the prior written approval and consent of the City. 8. Whole Agreement -This agreement constitutes the entire agreement between The City and the Consultant. Any modification must be in writing and approved by the City and the Consultant. The agreement incorporates all the agreements, covenants, and understanding between the parties concerning the subject matter hereof, and all such covenants, agreements, and understands have been merged into this written agreement. 9. Independent Contractors - The Consultant and its agents and employees are independent contractors performing professional services for the City and are not employees of the City. Nothing herein shall be construed as incurring for the City any liability for Worker's Compensation, FICA, withholding tax, unemployment compensation, or any other payment, which would be required to be paid by the City if the City and the Consultant were standing in an employer /employee relationship, and the Consultant hereby agrees to assume and pay all such liabilities. 10. Subcontract - The Consultant shall not subcontract any portion of the services to be performed under this agreement without the prior written prior approval of the City. The parties have executed this Agreement, the day and year first above written. Approved By: By: City of Columbia Heights Tim McGrath, CEO McGrath Consulting Group, Inc. McGrath Consulting Group, Inc. 3 08/10/18 44 Date McGrath Consulting Group, Inc 08/10/18 Date 45 �,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE AUGUST 13, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Establishing the application fee for a Planned Unit Development District DEPARTMENT: Community Development CITY MANAGER'S APPRQVAL: � BY /DATE: Elizabeth Hammond /July 20, 2018 r BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? #2: Economic Strength SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: In June, the City Council approved an ordinance establishing a Planned Unit Development (PUD) Overlay District. In order for a PUD District to be established, a land use application must be made to the City. Since this is a recently established application process, a fee must be established. Attached is the fee schedule for the Planning and Zoning Division of Community Development, adding proposed fees for a PUD application. Staff recommends that the application fee be established as follows: Application - $2,500.00 Minor Amendment to the application - $1,250.00 Major Amendment to the application - $2,500.00 STAFF RECOMMENDATION: The attached resolution amends the 2018 Community Development Fee Schedule. Staff recommends approval of the resolution as presented. RECOMMENDED MOTION(S): Motion: Move to wave the reading of Resolution No. 2018 -48, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2018 -48, approving an amendment to the 2018 Community Development Fee Schedule. ATTACHMENTS: Resolution No. 2018 -48 Community Development (Planning and Zoning Division) Fee Schedule 46 RESOLUTION NO. 2018 -48 A RESOLUTION ESTABLISHING THE FEE FOR A PLANNED UNIT DEVELOPMENT DISTRICT AND AMENDING THE 2018 COMMUNITY DEVELOPMENT FEE SCHEDULE BE IT RESOLVED BY the City Council (the "Council ") for the City of Columbia Heights, Minnesota (the "City) as follows: WHEREAS, the City's Community Development Department supports Land Use Planning and Zoning functions of the City; and WHEREAS, the certain fees are associated with various action items within the Community Development Department; and WHEREAS, occasionally, fee pricing is evaluated and adjusted based on comparable area rates as well as staff time used for processing and evaluating requests; and WHEREAS, the City adjusted Community Development fee pricing on September 11th, 2017; and WHEREAS, since that time, the City has approved the land use application process known as a Planned Unit Development District; and WHEREAS, the passage of this Resolution will establish a fee for the Planned Unit Development District application. NOW THEREFORE BE IT RESOLVED, that the City Council authorizes the passage of Resolution No. 2018 -48, amending the 2018 Community Development Fee Schedule. ORDER OF COUNCIL Passed this 13th day of August, 2018. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 47 20180808 Resolution PUD Fee Community Development Division Fee Schedule Planning and Zoning Department Activity Current Fee Proposed Fee .Appeal $185 $200 Comprehensive Plan Amendment $500 $1000 Conditional Use Permit (Residential) $200 $250 Conditional Use Permit (All Others) $200 $500 Site Plan (Under 1 acre) Site Plan (1 acre and Over) Preliminary Plat $250 $500 $1000 N/A $500 $1000 Final Plat $100 Included w /prelim plat fee Interim Use $250 $250 Minor Subdivision (Lot Split) $275 $275 I Short-Term Rental Permit (Annual) N/A $250 'Vacation 'Variance (Residential) 'Variance (All Others) .Zoning Amendment 'Zoning Letter $150 $150 $200 1 $250 N/A $500 $500 1 $1000 $25 —I $75 Application ! $2,500.00 +� N/A Minor Amendment � Major Amendment $2,500.00 Planned Unit Development District 48 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE AUGUST 13, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Second Reading of Ordinance No. 1650, an ordinance amending City Code of 2005 relating to Public Nuisances Affecting Peace and Safety DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Joe Hogeboom, June 28, 2018 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? #6: Excellent Housing /Neighborhoods SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: In the winter of 2018, a tragic fire destroyed a home in the central part of Columbia Heights. The home was damaged beyond repair. While the property has been restored to an acceptable state now, it took several months after the fire for the homeowner to removed burned and damaged items and debris. This proposed ordinance, which was approved by Council upon first consideration, adds language to the "Public Nuisance" section of City Code, which would allow the City to implement the Abatement process for: "Structures or other physical property damaged by natural disasters, fire, decay, civil unrest, vegetation, neglect or accident." In the event of future unforeseen tragedies that cause major structural damage, this ordinance will allow the City to intervene sooner and more expediently implement mitigation measures. STAFF RECOMMENDATION: Staff recommends approving Ordinance No. 1650 as presented. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1650, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1650, being an ordinance amending City Code of 2005 relating to Public Nuisance Affecting Peace and Safety as presented, and authorize publication in the legal newspaper of the City of Columbia Heights. ATTACHMENT: 1. Ordinance No. 1650 (1 Page) 49 ORDINANCE NO. 1650 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO PUBLIC NUISANCE STRUCTURES The City of Columbia Heights does ordain: SECTION 1: § 8.204 Public Nuisances Affecting Peace and Safety. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (T) Structures or other physical property damaged by natural disasters fire decay, civil unrest, vegetation, neglect or accident. 44 UI All other conditions or things which are likely to cause injury to the person or property of anyone. This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 50 AGENDA SECTION CONSENT AGENDA CI COLUMBIA ITEM NO. 7F HEIGHTS MEETING DATE AUGUST 13TH, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Resolution No. 2018 -51 to Remove Provisional Status for Rental License Held by 2015 -3 IH2 BORROWER LP DEPARTMENT: Police Department CITY MANAGER'S APPROVAL: BY /DATE: Chief Austin /11 -27 -2017 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? #2: Economic Strength SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: On November 27th, 2017 a council hearing was held to review activity at the licensed location which included a high number of calls for service, lack of license holder oversight, and unwillingness on behalf of the license holder to work with the police department to resolve the issues. At that time, the council ordered the license status for the property be changed to provisional, and the license holder comply with restrictions laid out in the resolution. STAFF RECOMMENDATION: During the provisional license period the license holder has complied with the requirements outlined for both the police and fire departments. Calls for service to the property have been reduced, and the license holder is actively working with the police department to professionally manage the property going forward. The staff recommendation is to remove the provisional status of the rental license, and approve the license holder to renew their license at the next scheduled renewal date. RECOMMENDED MOTION(S): MOTION: Motion to waive the reading of Resolution No. 2018 -51, being a resolution for the removal of provisional status for the property rental license held by 2015 -3 I1-12 BORROWER LP, there being ample copies available for the public. MOTION: Motion to approve Resolution No. 2018 -51, being a resolution for the removal of provisional status for the property rental license held by 2015 -3 I1-12 BORROWER LP ATTACHMENTS: Resolution No. 2018 -51 51 RESOLUTION NO. 2018- Si Resolution of the City Council for the City of Columbia Heights approving the removal of provisional status for the property rental license held by 2015 -3 I1-12 BORROWER LP (Hereinafter "License Holder "). Whereas, License Holder is the legal owner of the real property located at 1030 Polk PL N.E., Columbia Heights, Minnesota. Whereas, a notice of this resolution was provided to the license holder on August 02, 2018 via email notification to Michelle Fliss Tecson — Senior Regional Council for Invitation Homes. 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 1. On November 27th, 2017 a council hearing was held to review activity at the licensed location which included a high number of calls for service, lack of license holder oversight, and unwillingness on behalf of the license holder to work with the police department to resolve the issues. 2. On November 27th, 2017 the council ordered the license holder be granted an eight (8) -month provisional license with the following conditions: a. Monthly meeting (more if needed) between CHPD (and CHFD if needed) and Invitation Homes to review calls and activity on property and other Invitation Homes properties in Columbia Heights b. Provide lease and documentation of backgrounds of all prospective tenants for PD review during Provisional license. c. Reduce calls for service to reflect average calls for service from previous years. d. Crime Prevention through Environmental Design (CPTED) study to be conducted on the property and implement any reasonable recommendations. e. Fulfill all requests to meet with CHPD and CHFD during provisional licensing period. f. The property manager will attend quarterly landlord meetings during the 8 month period. 3. During the provisional period the license holder has fulfilled the above listed requirements to include providing lease documentation of prospective tenants, attending monthly meetings and reducing calls for service. 4. The License holder has met all requirements for both the CHPD and the CHFD. 5. The License holder has expressed a commitment to continue a positive working relationship with the Columbia Heights Police Department and comply with all requirements outlined in chapter 5A of the Columbia Heights City Code. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F16291 is hereby removed from provisional status and restored to regular status. 2. The License Holder is approved to renew their rental license without restriction at the next scheduled renewal date, pursuant to completing the proper application and submitting the appropriate fees. 52 Passed this 13th day of August, 2018 Offered by: Seconded by: Roll Call: Dor Attest: Katie Bruno, City Clerk /Council Secretary 53 �r� AGENDA SECTION CONSENT AGENDA 0 COLUMBIA ITEM NO. 7G HEIGHTS MEETING DATE AUGUST 13TH, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Public Hearing to Consider Revocation of Rental Licenses for 4625 and 4633 Tyler Street NE DEPARTMENT: Police Department CITY MANAGER'S APPROVAL: BY /DATE: Chief Austin /03 -22 -2018 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? #2: Economic Strength SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The Police Department had requested a public hearing be held by the Council to consider the revocation of the rental licenses at 4625 and 4633 Tyler Street NE due to issues at those locations. The owner of those properties, Bradley Schumacher, was notified, and each unit in those buildings were posted with notices to make the tenants aware. STAFF RECOMMENDATION: Following the notice of hearing, Mr. Schumacher transferred day -to -day management of the buildings to a professional management company, Renter's Warehouse. In addition, Mr. Schumacher and his attorney resolved all outstanding issues related to tenants in violation of the Conduct on Licensed premises ordinance. Since the tabling of this motion, the calls for service to these properties have returned to an average level when compared to surrounding properties. The license holder has complied with the requirements of chapter 5A of the Columbia Heights City Code and is cooperating with the police department in the enforcement of this ordinance. The Police Department's recommendation is to cancel the hearing for the revocation of the Rental Licenses. RECOMMENDED MOTION(S): MOTION: Motion to cancel the public hearing to consider the revocation of rental licenses at 4625 and 4633 Tyler Street NE. ATTACHMENTS: none 54 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. _ 7h MEETING DATE I AUGUST 13, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: I Approve Gambling Permit, Immaculate Conception Church DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Chief Lenny Austin /7 -31 -2018 BY /DATE: ZZ CITY STRATEGY: #1; Safe Community Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling permit for a bingo event scheduled for October 27, 2018. The Police Department finds no issues that would preclude this permit from being issued. STAFF RECOMMENDATION: Since the organization satisfies the City Council resolution regarding one -time charitable gambling and has paid the $25 permit fee for each of these permits, the following actions are recommended. RECOMMENDED MOTION(S): MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo at an event being held October 27, 2018 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo at an event being held on October 27, 2018 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. ATTACHMENTS: Gambling permit application Certificate of Exemption Letter from Archdiocese 55 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 11/17 Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non - refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651 - 539 -1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: The Church of the Immaculate Conception Permit Number: _ X- 01151 -18 -028 Minnesota Tax ID Federal Employer ID Number, if any: 8353667 Number (FEIN), if any: 41- 0703859. Mailing Address: 4030 Jackson St. NE city: Columbia Heights State: MN Zip: 55421 County: Anoka Name of Chief Executive Officer (CEO): John Gallas �-- CEO Daytime Phone: 763 -788 -9062 CEO Email: rigallas grn (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): tgiaeser @immac- church.org NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal F Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state,mn.us St. Paul, MN 55103 651 - 296 -2803, or toll free 1- 877 - 551 -6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1- 877 - 829 -5500. IRS - Affiliate of national, statewide, or International parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION _ Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Physical Address (do not use P.O. box): Check one: Q City: Columbia Heights _ Zip; 55421 _ County: Anoka_ El Township: _ _ Zip: _ County: Date(s) of activity (for raffles, indicate the date of the drawing). October 27. 2018 Check each type of gambling activity that your organization will conduct: Bingo 0 Paddlewheels = Pull -Tabs QTipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651- 539 -1900^ 5F LG220 Application for Exempt Permit 11/17 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. The application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). ]The application is denied. Print City Name. Signature of City Personnel: Title: COUNTY APPROVAL for a gambling premises located in a township he application is acknowledged with no waiting period. he application Is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days. Dille application is denied. _. + Print County Name: Signature of County Personnel; __ Date: ITitle: The city or county must sign before submitting application to the Gambling Control Board. Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: _ _ Date: (Signature must be CEO's signature; designee may not sign) Print Name: John Gallas REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non - refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3 -1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651- 539 -1900. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the Information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota's Depart- ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opporrunity employer 57 M DEPARTMENT ST3 I OF REVENUE Certificate of Exemption Purchaser: Complete this certificate and give it to the seller. Seller: If this certificate is not completed, you must charge sales tax. Keep this certificate as part of your records. This is a blanket certificate, unless one of the boxes below is checked. This certificate remains in force as long as the purchaser continues making purchases or until otherwise cancelled by the purchaser. ® Check if this certificate is for a single purchase and enter the related invoice /purchase order # f— If you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make purchases for a spe- cific job. Enter the exempt entity name and specific project: Exempt entity name _ _ _ Project description Name of Purchaser Church of the Business Address 4030 Jackson Purchaser's Tax ID Number 41- 0703859 If notax ID number, Enter one of the following: Immaculate Conception city State ZIP code St NE Columbia Heights MN 55421 State of Issue FEIN Driver's license number /State issued ID number State of Issue Number Name of seller from whom you are purchasing, leasing, or renting Sellers Address city State ZIP code Type of Business nr—_ _ 01 Accommodation and food services 11 H12 Transportation and warehousing 9 02 Agricultural, forestry, fishing, hunting Utilities �_ 03 Construction 11-13 Wholesale trade 04 Finance and insurance _14 Business services 7_II7_ Information, publishing and communications 15 Professional services II05 1. .,1i146 Manufacturing 16 Education and health -care services _ J07 Mining ,117 Nonprofit organization i18 �08 Real estate Government 09 Rental and leasing JJ i _ 119 Not a business (explain) 1 10 Retail trade 1 120 Other (explain) Reason for Exemption IA Federal government (department) 4 B Specific government exemption (from list on back) [[[L1 C Tribal government (name) L I D Foreign diplomat li II _III E Charitable organization # Lr J F Educational organization # I x� G Religious organization H. 8 3 5 3 6 6 7 HH Resale I Qualifying capital equipment (see instructions when equipment claimed is part of a construction project) J Agricultural production K Industrial production /manufacturing L Direct pay authorization M Multiple points of use (services, digital goods, or computer software delivered electronically) N Direct mail l __ O Other (enter number from back page) _ .. P Percentage exemption ❑ Advertising (enter percentage) ❑ Utilities (enter percentage) — ❑ Electricity (enter percentage) i declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY.. If you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) signature vi h ed Purchaser T Print Name Here Title Date ,. Terri Glaeser Records Coord 7/19/18 Rev. 10/1-7 Forms, fact sheets, and industry guides are available on our website at www.revenue.state.mn.us 58 'Jesus Gbrlst is the same yesterday, today and foreve tim. is. Archdiocese of Saint Pau. aid Minneapolis October 20, 2009 Reverend Thomas Kunnel, TOR Church of the immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kunnel.- The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a.tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original deternaination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruiina provides that any organizations listed in the official Catholic .directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempz. The Church of the Iuunaculate Conception. of Columbia Heights is listed in the Official Catholic Directory for —1009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exengpt status, please contact me. Thank you. P L �j_ EI5�r1Zi3T1311Cf . . llor for CivA airs Enclosures 59 The conditions cmueming Ihe retarition of ycLuc group exampaon as set: forth In our previous determinakn fetter dated August ii, 1983, temah in -full force and effecf. 6lnoerety, Cindy �,'V t Manager, Exempt Qrganizattons Determinations 60 intartralf Revenue SaMee P. 0. BOX 2508 ClnclnrwI4 014 45201 Date: JUL 28.2009 United States Conference of Catholic BWq)s 32110 Simi N-F- Washington, DC, 20077 -1194 Dear Sir or Madam: Deparimant of the Treasury Person to Contact: Roger Meyer T4AF Free Telephone Number- 877-829-5500 Employer Identification Number: 53-0196617 Group Exernpfion Number_ 0928 In a ailing dated March 25, 1946, vas. held thatthe agencies astd inslrumerdarrties and all educational, c1ar76able and religious instibstions operated, supervised, or controlled by orin connection With the Roman Catholic Church In the United States, Its tanitories or possesslons appaam7g In The Cffebt Cathailc DkIcrory1946, a.re enlWad 10 oxemptlonfion, Federal income tax underthe pKwlslons of seeWn 101 (6) of the Internal Reverim Cade of 1939, which corresponds to section 501(c)(8) of itte 1986 Code. iirls ruling fras been updatr3d anntfaffy tt3 craven lire anFanizasintts added to or rfeletee[ from the Directory. 777e Oftfal Gal3crlls DIraotoryfor s1x n the names •attd address of sit agencies and insfrurnarataltties and aN educational, ebadtable, and rei'iglous insfttions operatedby the Roman. Ca#tolic Churd) in the united States, Its territot€wq and possessions In s:ds'fance at-ft *nS the Directory, was puUist:ed. it Is understood that each of t#tese is a nor? pmfrt orgaruzation, #tat no Train of the neteaxnings Mareof inures l0 ft benefit o'+ any Individual, itmi no substentlal part: of their activrlles zs for prixi n of legistation,.aN that none are private fWndatlons vnderser-.,Qon SW(a) of the Cute. Based on all Information subrnHbf -d, we cxrndvde that ifie agencies and irrstrcrmantatdEes and educafiot?l, chaMable, and Wlglotts Insbitlrtions operated, supervised, orcordr'olled by or 1n oonne0on %vRhthe Raman Cathode Churub intty United States, Its tarrritxies orpossesslons appearing fn The OBL- al Calfroflc Dlrerxoryfor2009 are exempt t m Federal W=me fax under section 501(c)(S) of the Code. Donors may deduct confributlorz to the Agencies, frrs6umentallties and Insfiftittons Tsferred to above, a pmivided fly s--otinn 170 of fire Cade_ Bequests, logaciE devrses, transfers, org"rfts loihern orfar their utio are dedac -i k for F=ederat as ato and 4iEtt xx pu[Foses N they meet the appliicabla pravlslons of sections 2M, e106, and 2522 of the Code. B ginning Januaxy 1, 1994, unless spc- crTcallyr exceplod, you and your subordinates must pay tax Oder tho Federal lnsuranr* Contrilautions Act (PICA) for each employee v fry is paid $1W or more In a calendar year, asindexediorinflaGrR. You andpursubordina #es are not rmW for the tax under the Federal UnaWloyment Tax Act (FLITA)_ 61 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 71 MEETING DATE AUG 13, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: BY /DATE: Aug 8, 2018 BY /DATE: D CITY STRATEGY: #1; Safe Community Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): - Additional Goal? BACKGROUND/ANALYSIS Attached is the business license agenda for the August 13, 2018 Council meeting. This agenda consists of applications for 2018 Contractor Licenses, a Temporary Liquor License for Immaculate Conception Church, and two Massage Therapists. If City Council members have any questions, please contact staff regarding this matter. 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 August 13, 2018 as presented. ATTACHMENTS: 20180723 License Agenda 62 City of Columbia Heights - Council Letter TO CITY COUNCIL August 13, 2018 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2018 BLDG *Innovative Mechanical LLC 5710148 1h Lane NW, Ramsey $80 *Captain Plumbing Services 7307 Co Rd 5 NW, Princeton $80 *North Metro Home Services 38398 Lever St NE, Stanchfield $80 Stanley Access Tech 8350 Sunlight Dr, Fishers, IN $80 *Service Star Plumbing LLC 4965 Kalenda Ave NE, Albertville $80 Kings Plumb & Home Services 4600 Hampton Rd, Golden Valley $80 *Tim's Quality Plumbing 225 Co Rd 81, Osseo $80 *SDDI Signs 17125 Eagle Creek Cir, Prior Lk $80 *Imaginality Designs 6182 Olson Memorial Hwy, Golden Valley $80 *Integrity Htg & Air Cond 1448 148th Ave NW, Andover $80 *Triple E Water & Sewer 5016 Mitchell Rd. Big Lake $80 *American Eagle Plumbing Inc 2703 Constance Blvd, Ham Lake $80 TEMPORARY LIQUOR LICENSE - *Immaculate Conception Church 4030 Jackson St $100 Oct 27, 2018 event MASSAGE THERAPIST *LaXiu Hong for Healing Bodyworks 5172 Central Ave $100 *ChunXiu Wang for Healing Bodywks 5172 Central Ave $100 63 20180709- License Agenda Page 2 U) H C) W m D J 0 LL O H U H z W a W 0 W z z LL co r 0 N cli N O LL O C7 z H W W J_ U z D O U H O U) W z z_ LL O W Q O z LL O z Z) O U U) H CD W 2 ¢ m J 0 LL O H U a c cu U N L U T cc Q cn E U O 4- N N N O U O N N L a N 3 m m L cu �U C O U O L N N 7 N cU O N N c �3 U c cu -0 O U U cu .5 m a� O 2 c O O 2 c`? 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DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Joe Hogeboom, August 9, 2018 BY /DATE: CITY STRATEGY: #4: Opportunities for Play and Learning Additional Strategy? #5: Diverse, Welcoming "Small- Town" Feel SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The City of Columbia Heights is requesting an amendment to the Conditional Use Permit (CUP) that regulates the daycare operation located at 4025 University Ave. NE. ( "Subject Property "). The original CUP that allows a daycare operation at this property was granted by the City in 1995. The CUP does not address hours of operation. In recent years, the building's current occupant, Madina Academy, has generated numerous complaints from neighbors about noise, property maintenance issues, and excessive street parking. The Fire Department is addressing the current property maintenance issues at the property. Per Minnesota Statute 462.3595 staff initiated a request to amend the Conditional Use Permit to restrict the hours of outdoor operation on the property from between 8:00 AM and 7:00 PM. Upon listening to neighborhood concerns at the Planning Commission meeting, the Planning Commission unanimously voted to further restrict outdoor operation/ play time at the property from 8:00 AM and 6:00 PM Monday through Friday; and 10:00 AM and 4:00 PM Saturday and Sunday. The Planning Commission also unanimously voted to add the condition of requiring the daycare to install a six -foot privacy fence along the north, south and west sides of the property within six months. Staff finds these additional conditions reasonable, and recommends that they become part of the Conditional Use Permit amendment. STAFF RECOMMENDATION: Staff recommends approving Resolution 2018 -43 as presented. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2018 -43, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2018 -43, approving the Conditional Use Permit Amendment for the property located at 4025 University Ave. NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance, including: 86 City of Columbia Heights - Council Letter CONDITIONS 1. A maximum of 56 children are allowed to be enrolled at the daycare. Page 2 2. Seventy five (75) square feet of outdoor, fenced in, play space per child is required to be maintained. 3. A fence of at least six 6 feet in height and at least 80% opacity shall be constructed around the north south and east sides of the property The fence shall be constructed and operable no later than February 15. 2019. 4. Outdoor hours of operation, including outdoor play time shall be limited to between 8:00 AM to 6:00 PM Monday through Friday, and, 10:00 AM to 4:00 PM Saturday and Sunday. 5. At least seven (7) paved onsite parking spaces are required. 6. The daycare must maintain proper licensing with the State of Minnesota at all times. 7. All other applicable local, state and federal regulations must be followed at all times. ATTACHMENTS: 1. Resolution No. 2018 -43 (2 pages) 2. Location Map (1 page) 3. Planning Commission Report, dated August 8, 2018 (2 pages) 4. Original Conditions, dated January 9, 1995 (2 pages) 5. Letter from Joe Hogeboom to Madina Academy, dated July 10, 2018 (1 page) 6. Letter from Joe Hogeboom to Anthony Mayer, dated July 18, 2018 (1 page) 7. Resident Correspondence (3 pages) 87 RESOLUTION NO. 2018 -43 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT FOR THE DAYCARE LOCATED AT 4025 UNIVERSITY AVENUE NE. WHEREAS, based on neighborhood complaints about excessive outdoor noise during evening hours, the Community Development Director is requesting an amendment to the Conditional Use Permit at the following site: ADDRESS: 4025 University Avenue NE. LEGAL DESCRIPTION: On file at City Hall THE FOLLOWING IS REQUESTED: An amendment to the Conditional Use Permit per Code Section 9.106 (P)(12)(c)(d), to restrict outdoor operations at the property located at 4025 University Ave NE to between 8:00 am and 7:00 pm. WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on August 8tn, 2018; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights adopts the amended Conditional Use Permit, including the added outdoor hours of operation condition: CONDITIONS 1. A maximum of 56 children are allowed to be enrolled at the daycare. 2. Seventy five (75) square feet of outdoor, fenced in, play space per child is required to be maintained. 3. A fence of at least six 6 feet in height and at least 80% opacity shall be constructed around the north south and east sides of the property. The fence shall be constructed and operable no later than February 15 2019. 4. Outdoor hours of operation, including outdoor play time, shall be limited to between 8 :00 AM to 6:00 PM Monday through Frida • and 10:00 AM to 4 :00 PM Saturday and Sunday. 5. At least seven (7) paved onsite parking spaces are required. 6. The daycare must maintain proper licensing with the State of Minnesota at all times. 7. All other applicable local, state and federal regulations must be followed at all times. 88 City of Columbia Heights - Council Resolution Page 2 ORDER OF COUNCIL Passed this 13th day of August, 2018. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 89 Location Map 4025 University Avenue NE. COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION PLANNING REPORT CASE NUMBER: 2018 -0802 DATE: August 8, 2018 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights DEVELOPMENT: Madina Academy LOCATION: 4025 University Ave. NE. REQUEST: Conditional Use Permit Amendment PREPARED BY: Joe Hogeboom, Community Development Director INTRODUCTION The City of Columbia Heights is requesting an amendment to the Conditional Use Permit (CUP) that regulates the daycare operation located at 4025 University Ave. NE. ( "Subject Property "). The original CUP that allows a daycare operation at this property was granted by the City in 1995. The CUP does not address hours of operation. In recent years, the building's current occupant, Madina Academy, has generated numerous complaints from neighbors about noise, property maintenance issues, and excessive street parking. The Fire Department is addressing the current property maintenance issues at the property. Per Minnesota Statute 462.3595, 1 am requesting that the Planning Commission and City Council amend the Conditional Use Permit to restrict the hours of outdoor operation on the property from between 8:00 am and 7:00 pm. ZONING ORDINANCE The Subject Property is located in the R -3 - Multiple Family Residential Zoning District. In this Zoning District, a daycare operation requires a CUP. The properties to the north and east are also located in R -3 - Multiple Family Residential Zoning District. The property to the south is located in the GB — General Business District, and the property to the west is State Highway 47. DESIGN GUIDELINES Design Guidelines are inapplicable to this item. 91 4025 University Avenue NE. City of Columbia Heights Planning Commission August 8, 2018 Planning Report Page 2 RECOMMENDATION — Conditional Use Permit — Staff requests the Planning Commission to recommend approval of Resolution No. 2018 -43, amending the a Conditional Use Permit for the property located at 4025 University Avenue NE., subject to certain conditions The Planning Commission must make a recommendation to the City Council on the Conditional Use Permit. Recommended motions are below. Motion: Move to waive the reading of Resolution No. 2018 -43, there being ample copies to the public. Motion: Move to recommend that the City Council approve Resolution No. 2018 -43, approving the Conditional Use Permit Amendment for the property located at 4025 University Ave. NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance, including: 1. A maximum of 56 children are allowed to be enrolled at the daycare. 2. Seventy five (75) square feet of outdoor, fenced in, play space per child is required to be maintained. 3. At least seven (7) paved onsite parking spaces are required. 4. The daycare must maintain proper licensing with the State of Minnesota at all times. 5. Hours of outdoor operation shall be restricted from between 8:00 am and 7:00 pm. 6. All other applicable local, state and federal regulations must be followed at all times. ATTACHMENTS 1. Resolution No. 2018 -43 (2 pages) 2. Location Map (1 page) 3. Letter from Joe Hogeboom to Madina Academy, dated July 10, 2018 (1 page) 4. Email message from Steven Schultz, dated July 1, 2018 (1 page) 92 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 3, 1995 PAGE 1 The Planning and Zoning Commission meeting of January 3, 1995 was called to order at 7:08 p.m. Members present were Paulson, Fowler, Larson, Peterson and Szurek. Also present were Evelyn Nygaard (Building /Zoning Administrator), Don Schneider (Director of H.R.A. /City Planner) andJim Hoeft (representing the City Attorney's office). Motion by Larson, seconded by Fowler, to approve the minutes from the meeting of December 6, 1994 as presented in writing. Roll Call: All Ayes. NEW BUSINESS: A. Public Hearing Cond. Use Permit /Site Plan Case #9501 -01 B.J. Larsons Remodeling Co. Re: 4025 University Ave. Columbia Heights, Mn. Evelyn Nygaard presented the request of Mr. Allen Bohiman for approval of a Conditional Gse Permit and Site Plan Approval to allow the intensification of the use and an addition onto the southeast corner of the existing building at 4025 University Avenue. She explained that the addition of 360 square feet and the remodel of the existing 256 s.f. sun porch would enable the owners, Mr. and Mrs. Bohlman, to close their operation at 608 N.E. 40th Avenue and consolidate the two operations at this address. A maximum of 56 children would be cared for on the premises. Ms. Nygaard stated that the proposed parking and exiting arrangements were submitted to the Public Works Director, Mark Winson, for his recommendation. The amended site plan reflects Mr. Winson's suggestions. The plan indicates seven to eight parking spaces to be pavalL and xvipped as soon as weather permits. She stated that the parking for employees and the "drop off" area parking would be satisfactory to the Engineering Department. Mr. Bohlman stated that three of the teachers drive and would park on the site. Ms. Nygaard also informed the Commission that the requirement for a minimum of 75 square feet of fenced outside play area per pupil be provided per Section 9.109(2)(1) of the Zoning Ordinance would be met by the 5,580 s. f. fenced area at the rear of the building. Motion by Paulson, seconded by Peterson, to approve the site plan as presented and to recommend to the City Council the approval of the Conditional Use Permit provided the paving of the lot and the fenced play area be provided as shown on the site plan. Roll Call: All Ayes. * *THIS ITEM TO APPEAR ON THE JANUARY 9, 1995 CITY COUNCIL AGENDA. B. Public Hearing Conditional Use Permit Case #9501 -02 Linders Greenhouses, Inc. RE: 4300 Central Avenue Columbia Heights, Mn. 93 REGULAR COUNCIL MEETING JANUARY 9, 1995 PAGE 3 e The Council approved the conditional use permit to allow the intensification of the use with an addition onto the southeast corner of the existing building at 4025 University Avenue provided the paving of the lot and the fenced play area be provided as indicated on the approved site plan. gnnditionAti Use P lMit. 4300 Central Avenue, Peter Linder. Linder' g Greenhouse5 ,Inc .. The Council approved the conditional use permit to allow the operation of a "mini greenhouse" and retail sales by Linder Greenhouses, Inc. at 4300 Central Avenue from April 15, 1995 through June 25, 1995 provided a $500 deposit is submitted to the License /Permit Clerk prior to installation of the structures. Authorization to lastall $top Sign at 41st and stinsm poulgyard The Council authorized the northbound stop sign be permanently - in place at the intersection of Stinson Boulevard and 41st Avenue based on a recommendation of the Traffic Commission. Annual —Membersj1jp Pugs Of AQ509,1-4tiOD Of HQtrORQli1;aD Municipalities The Council authorized the payment of $4,958 to the Association of Metropolitan Municipalities for payment of the City's 1995 membership dues with such funds to come from Fund 101 - 41110 -4330. Authori 7at•i inn to Seek 5epdrdtg Sid's for ChaMbeK Upgrade The Council authorized staff to seek sealed bids for carpeting and council and staff chairs with monies to come from Government Buildings Fund 411 -41940 -5120; repainting of the chamber area and touch up of other parts of the building as needed and reconstruction of the dais with funds to come from General Government Buildings Fund 411 -41940 -5120; purchase of a hallway information kiosk and a podium for the chambers with funds to come from the Cable Fund 225- 49844 -5180; and, installation of the table from the Anoka County Board of Commissioners' Board Room with funds to come from the General Government Buildings Fund 411 - 41940 -5180. Attgndauoe of the Ass ` s ant Finance Director at the Annual. 9FOA Qonf V1 ence The Council authorized the attendance of the Assistanto Finance Director at the Annual Government Finance Officer's Association Conference from June 11 -14, 1995 and authorized that related expenses be reimbursed. 94 b COLUMBIA HEIGHTS City of Columbia Heights I Community Development Department 590 40th Avenue NE, Columbia Heights, MN 55421 • Ph: 763 - 706 -3670 • Fax: 763 - 706 -3671 • www.columbiaheightsmn.gov July 10, 2018 Abdi Elmi Madina Academy 4025 University Ave. NE. Columbia Heights, MN 55421 RE: Conditional Use Permit Amendment— Hours of Outdoor Operation Dear Mr. Elmi, Thank you for speaking with me regarding the letter that I sent to you dated June 28, 2018. Per our conversation, due to multiple complaints about excessive noise generated during evening and nighttime hours from Madina Academy, the City is hereby initiating an amendment to the property's Conditional Use Permit restricting outdoor hours of operation from 8:00 am to 7:00 pm. This matter will go before the City's Planning Commission on Wednesday, August 8th at 6:00 pm and it will go before the City Council on August 13th at 7:00 pm. Both meetings will take place at Columbia Heights City Hall (590 40th Avenue NE., Columbia Heights MN 55311) in the City Council Chambers. You are invited to attend these meetings and address the Planning Commission and City Council should you desire to do so. Please contact me at 763 - 706 -3675 or Ihai~eboom @columbiaheihtsmn.gou to if you have any questions or concerns. Thank you for your willingness to work with the City of Columbia Heights. Sincerely, Joseph S. Hogeboom Community Development Director C: City Manager's Office City Attorney's Office MN Department of Human Services 95 0 CH COLUMBIA HEIGHTS City of Columbia Heights I Community Development Department 59040 th Avenue NE, Columbia Heights, MN 55421 - Ph: 763 - 706 -3670 - Fax: 763 - 706 -3671 - www.columbiaheightsmn.gov July 18, 2018 Anthony Mayer 1539 12th Ter. NW. New Brighton, MN 55112 RE: Conditional Use Permit Amendment — Hours of Outdoor Operation — Madina Academy Dear Mr. Mayer, Thank you for reaching out to the City of Columbia Heights regarding the business that operates in your property located at 4025 University Avenue NE. Through the years, the City has received numerous complaints about excessive noise generated during evening and nighttime hours from Madina Academy. This summer, multiple neighbors have raised this issue, as well as other issues related to general property maintenance and upkeep. The day care operates under a Conditional Use Permit, which establishes certain requirements to which the business must adhere. Due to the repeating negative impact to surrounding property owners, the City is initiating an amendment to the property's Conditional Use Permit restricting outdoor hours of operation from 8:00 am to 7:00 pm. The business owner was expected to communicate this information to you. This matter will go before the City's Planning Commission on Wednesday, August 8th at 6:00 pm and it will go before the City Council on August 13th at 7:00 pm. Both meetings will take place at Columbia Heights City Hall (590 40th Avenue NE., Columbia Heights MN 55311) in the City Council Chambers. You are invited to attend these meetings and address the Planning Commission and City Council should you desire to do so. You may also provide written comments to the Planning Commission and City Council. Please note that various neighbors who are impacted by noise issues have stated that they will attend this meeting as well. Please contact me at 763 - 706 -3675 or'lhogeboom@columbiaheightsmn.gov to if you have any further questions or concerns. Thank you for your willingness to work with the City of Columbia Heights in finding a reasonable solution to this matter. Sincerely, Joseph S. Hogeboom Community Development Director 9 C Dear City Counsel, My name is Gary Martinsen. I live next to Medina Day Care at 4018 4tn St NE. I am writing concerning the problems I've experiencing with the children and staff at the day care. I have given up using the backyard because of all of the noise and toys the children throw over the fence. I have requested several times that the staff pick up the toys out of my yard because I am so tired of running into toys while mowing. I watched 2 boys throw rocks at my house after hearing my window break. I immediately asked the staff to help me with the broken window. They claimed no children from there care center where involved even though I pointed at the boys as they ran away and described them to the man working, I have still not had the daycare fix the broken window. They are always noisy late into the night every day. I don't come home to expect to find a children's playground until 8 -9 pm at night. Thank you for you time. I hope you will be able to shorten the days and hours of the child care. Gary Martinsen 97 Joseph Hogeboom From: STEVEN SCHULTZ <junkman62 @comcast.net> Sent: Sunday, July 1, 2018 4:14 PM To: Joseph Hogeboom Subject: Madina Academy My name is Steven Schultz. I live at 4028 4th street next door to Nick and Joan Dobbs I am encouraged to hear that the city is looking into this issue that we have put up with for years About 3 or 4 years ago I was the one making calls to the city about the noise I gave up after an officer told me there was literaly nothing to be done about it. So I have basicly kept my doors and windows closed as much as possible, the noise is that bad so i can't even watch TV in my living room with the door open and there is no enjoyment for me sitting out on my deck listening to screaming kids well into the evening, many times till 9prn I appreiate you looking into this, feel free to contact me Cel # 763 -439- 2153, home # 763 - 432 -9844. Thankyou 98 Joseph Hogeboom From: nicholas dobbs <nmd331 @gmail.com> Sent: Monday, July 23, 2018 6:19 PM To: Joseph Hogeboom; Love, Joan Subject: Madina Academy Dear City Council. To introduce ourselves we are Nicholas and Joan Dobbs we live at 4024 4th street ne Columbia heights. Aka one of houses that adjoins to the madina academy daycare. We are writing to voice our concerns about the hours of operations and the amount of noise. They are often there as late as 8 -9pm 7 days a week.And the adults seem to try to get the kids worn out before the parents come to pick the up by encouraging them to scream and compete with one and other. Then when the parents do show up they sit in there car and honk excessively for there kids. We have spoken with the adult supervision about the behavior of the children because on several different occasions they have stood at the fence along with climbing up it to swar at us and our dog. They tawnt our dog and try to get her to bark. This is a problem because we have worked very hard to teach her not to bark at all. We've tried hard to train the dog not to approach the fence and interact with children. We have also quite often had to pick up there toys and some trash that they have thrown over the fence. Although it does not affect us directly we often wonder about the illegal parking on the frontage road. We have lived in our house sense 2000. And sense Madina has taken over the daycare it has been tough to enjoy our home. The window have to be shut to block the noise. They are there 7 days a week all day. So in conclusion we are filled with hope that at the next city council meeting you will consider to amend the conditional use permits for this business to lirnit the hours to Monday though Friday no later the 6pm. Thank for you help if you have any questions please feel free to contact us at 763 -486 -8232. We look forward to seeing you at the next meeting. 99