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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:
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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
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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.
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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.
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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.
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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
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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. * **
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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.
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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.
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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
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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:
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EDA: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
By:
Name:
Its:
Date:
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B
PROPERTY IMPROVEMENTS SUBJECT TO 50% REIMBURSEMENT
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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.
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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.
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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
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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
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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
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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?
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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
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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:
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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?
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35
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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.
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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
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AGENDA SECTION L PUBLIC HEARING
CH COLUMBIA ITEM NO. 8A
HEIGHTS MEETING DATE AUGUST 13, 2018
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Resolution 2018 -43 — Conditional Use Permit Amendment for a Daycare Operation at 4025 University
Avenue NE.
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