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HomeMy WebLinkAbout09-10-2018 CCPColumbia Heights All-AmeNo City 1 l I I IF 2016 1. CALL TO ORDER /ROLL CALL 0 c� COLUMBIA HEIGHTS www.columbiaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 590 401h AVE NE MONDAY, SEPTEMBER 10, 2018 7:00 PM 2. INVOCATION - Invocation provided by Bill Hugo, St Matthew Church 3. 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. S. APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Constitution Week Proclamation pg 4 B. Medicare Education Week Proclamation pg 5 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 August 27, 2018 pg 6 MOTION: Move to approve the minutes of the City Council work session of September 4, 2018 pg 16 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Economic Development Authority minutes from August 6, 2018. pg 18 MOTION: Move to accept the Library Board minutes from August 1, 2018. pg 24 C. Request to Purchase Speed Enforcement Equipment pg 26 MOTION: Move to authorize the purchase of the following items from Stalker Radar for the purpose of City of Columbia Heights September 10, 2018 City Council Agenda Page 2 speed enforcement and communication: -A new speed trailer in the amount of $7,588, and -A speed data collection device in the amount of $1,990, -An Electronic Message Trailer in the amount of $14,924, purchase to be split with Public Works Total cost of the purchase is $17,040. D. City Of Peace Neighborhood Center Facility Use Moratorium pg 30 MOTION: Move to place a moratorium on the rentals of the City of Peace Neighborhood Center until a new policy is developed. E. Consideration of Resolution 2018 -66, Amending the 2019 Water Supply Rates Set by pg 31 Resolution 2015 -98 MOTION: Move to waive the reading of Resolution 2018 -66, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -66, being a resolution amending the 2019 water supply rates set by Resolution 2015 -98. F. Approve Business License Applications pg 39 MOTION: Move to approve the items as listed on the business license agenda for September 10, 2018. G. Review of Bills pg 41 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 $749,397.33. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS pg 52 A. Resolution No. 2018 -64, approving variances for the property located at 685 49th Ave NE MOTION: Move to waive the reading of Resolution No. 2018 -64, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2018 -64, as presented. B. First reading of Ordinance No. 1651, being an ordinance amending City Code of 2005 relating to zoning and land development, and removing the planning and zoning fee schedule from the zoning code pg 67 MOTION: Move to waive the reading of Ordinance No. 1651, there being ample copies available to the public. MOTION: Move to approve the ordinance on first consideration and set the second reading of Ordinance No. 1651, for September 24th, 2018 at approximately 7:00 P.M. in the City Council Chambers at the Columbia Heights City Hall. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions pg 70 a. Approval Consideration of Resolution 2018 -65, a Resolution Approving the Entering into of an Agreement and Grant License with Certain Property Owners City of Columbia Heights City Council Agenda September 10, 2018 Page 3 Motion: Move to waive the reading of Resolution 2018 -65, there being ample copies available to the public. Motion: Move to adopt Resolution 2018 -65, a resolution of the City Council for the City of Columbia Heights, Minnesota, approving the entering into of that certain Agreement and Grant of License with various property owners. 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 KOO Bourgeois,. Human Resources Director /Assistant City Manager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno _ columbiaheightsmnZov, to make arrangements. PROCLAMATION WHEREAS: September 17, 2018, marks the two hundred and thirty -first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE I, Donna Schmitt by virtue of the authority vested in me as Mayor of the City of Columbia Heights, Minnesota do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK AND ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 10th day of September of the year of our Lord two thousand eighteen Signed SEAL Attest PROCLAMATION WHEREAS, Medicare is one of our nation's largest health insurance programs, with more than 62 million Americans enrolled; and WHEREAS, research shows that many Medicare beneficiaries find Medicare to be complex and confusing; and WHEREAS, more than 58,036 residents in Anoka County are currently eligible for Medicare and nationwide, more than 11,000 people turning 65 every day; and WHEREAS, the number of people in need of clear information about Medicare will continue to grow in the years ahead; and WHEREAS, National Medicare Education Week was established to encourage Medicare beneficiaries as well as their families, friends and caregivers to learn more about Medicare coverage options; and WHEREAS, taking the time to learn about Medicare during National Medicare Education Week (Sept. 15 -21) can help older Americans and other Medicare beneficiaries feel prepared to make informed, confident health care decisions during the Medicare Annual Enrollment Period (Oct.15— Dec.7); and WHEREAS, more than 65 million Americans provide care for a chronically ill, disabled, or aged family member, and many of these caregivers are tasked with helping their care recipient navigate Medicare to find coverage that meets their needs; and WHEREAS, National Medicare Education Week is a timely reminder for all Columbia Heights residents to think about friends and loved ones who are enrolled in Medicare and the role they can play in helping them with their health care coverage decisions; NOW, THEREFORE, I, Donna Schmitt, Mayor of the City of Columbia Heights, hereby proclaim Sept. 15 -21, 2018, as Columbia Heights Medicare Education Week. Donna Schmitt, Mayor, The City of Columbia Heights OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 27, 2018 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday, August 27, 2018 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:04 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr., Councilmember Buesgens, and Councilmember Novitsky Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Gary Gorman, Fire Chief; Kevin Hansen, Public Works Director; Ben Sandell, Communications Coordinator; and Katie Bruno, City Clerk /Council Secretary 2. INVOCATION Invocation provided by Bob Lyndes, Crestview Senior Communities 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. S. APPROVAL OF AGENDA Mayor Schmitt announced the following changes to the agenda: The addition of Item 613, Flag Retirement. Consent Item J, the correct year is 2018. 8B- Resolution 2018 -60 (3927 Reservoir Blvd.) is to be removed; the property has come into compliance. Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the agenda as presented. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. City Council Letter of Support to the Northeast Minneapolis Arts District for an Update to the Northeaster Arts Action Plan Margo Ashmore, representing the Northeast Art District explained to the council that this is an opportunity for the City to offer support for an Arts District Plan. Ms. Ashmore clarified that there is no monetary request being made. An Art Plan was last approved in 2003, about Y2 of the 24 objectives have been implemented. Ashmore announced a photo contest will be taking place through October 1st. This is being sponsored by the Public Arts Committee. Mayor Schmitt expressed concern with the letter bearing her signature which was included in the packet; stating she did not write or review the letter. Councilmember Novitsky was also concerned about this, and requested time to approve the 2003 plan. Ms. Ashmore explained the letter was provided to the city as a draft. Buesgens commented that the 2003 plan is outdated, and tonight's request is to offer support for the updated plan, which she is in support of. 6 City Council Meeting August 27, 2018 Page 2 of 10 Motion by Mayor Schmitt, seconded by Councilmember Novitsky to table the tem until the next meeting in September. 3 Ayes, 2 Nays, Motion Carried. Ayes: Schmitt, Novitsky and Murzyn, Jr. Nays: Buesgens and Williams B. Announcement of Flag Retirement Ceremony Jerry Wegscheid representing VFW Post 230 announced there will be a Flag Retirement service on Saturday, September 8th at 9:00 AM. Mr. Wegscheid requested a ceremony be scheduled for the second Saturday of September annually. Fire Chief Gary Gorman agreed that would be a good idea. 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 August 13, 2018 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Traffic Commission from June 4, 2018. MOTION: Move to accept the Planning Commission from July 10, 2018. C. 2018 Capital Equipment Replacement: F- 4501 -Ton Dump Truck MOTION: Move to authorize the purchase of one new 2018 Ford F450 Super Duty 1 -ton truck off the State of Minnesota purchasing contract from Midway Ford of Roseville, MN in the amount of $23,447.75 (includes $11,000 trade -in); and dump box and lighting package from Aspen Equipment in the amount of $28,257 for a total purchase price of $51,704.75, plus sales tax. Funding shall be split equally from the Sewer and Water Capital Equipment funds 432 - 49449 -5150 and 433 - 49449 -5150. D. 2018 Capital Equipment Replacement: F- 3501 -Ton Truck with Utility Box MOTION: Move to authorize the purchase of one new 2018 Ford F350 Super Duty 1 -ton truck off the State of Minnesota purchasing contract from Midway Ford of Roseville, MN in the amount of $29,874.75; and utility box and lighting package from Aspen Equipment in the amount of $17,384 for a total purchase price of $47,258.75, plus sales tax. Funding shall be provided from the Central Garage Capital Equipment fund 434 - 49950 -5150. E. Approval to Purchase a Sewer Televising Camera and Transport MOTION: Move to authorize the purchase of one new Cues sewer televising camera from Hydro -Klean in the amount of $22,306; and transport in the amount of $18,193 for a purchase price of $40,499. Funding shall be provided from funds 432 - 49449 -5180 and 438 - 49650 -5180. F. Establish Date for 2018 Public Special Assessment Levy Hearing for: Seal Coat, MSAS Mill and Overlay, Petition and Waiver, and Delinquent Accounts MOTION: Move to establish Monday, October 1, 2018 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #1701 Zone 2A Seal Coat, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 1, 2018 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project #1705 MSAS Mill and Overlay, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 1, 2018 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #1805 MSAS Mill and Overlay, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 1, 2018 at 6:45 p.m. as the Public Special Assessment Levy 7 City Council Meeting August 27, 2018 Page 3 of 10 Hearing for Delinquent Accounts, to be held in the City Council Chambers. G. Final Compensating Change Order and Final Payment for Zone 2a Seal Coat MOTION: Move to approve the final compensating change order and accept the work for 2018 Seal Coat, City Project No. 1701 (Zone 2A), and authorize final payment of $77,486.944 to Pearson Bros, Inc. of Hanover, Minnesota. H. Final Compensating Change Order and Final Payment for 2017 Water Main Construction and 2017 Water Main, Hydrant, and Gate Valve Construction, Project Nos. 1703 and 1710 MOTION: Move to approve the final compensating change order and accept the work for 2017 Water Main Construction and 2017 Water Main, Hydrant, And Gate Valve Construction, City Project Numbers 1703 and 1710, and authorize final payment of $41,727.14 to Northdale Construction Company, Inc. of Albertville, Minnesota. I. Approval to accept Bid to Tear -Off and Reroof Pump Station #3 MOTION: Move to award the tear -off and reroof of Pump Station #3 to Central Roofing Company of Fridley, MN based on their low, qualified responsible bid in the amount of $ 29,600 with funds to be appropriated from Fund 601 - 49430 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. J. Approve the purchase of a 2018 Braun Chief XL Ambulance MOTION: Move to approve the purchase of a 2018 Braun Chief XL ambulance from North Central Emergency Vehicles for the bid price of $207,983, and approve a graphics package for the vehicle up to $3000.00. K. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for August 27, 2018, in that they have met the requirements of the Property Maintenance Code. L. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for August 27, 2018. M. 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 $870,002.81. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to approve the consent agenda as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the properties at 4250 4th Street NE and 4924 Tyler Street NE for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported that the property at 4520 40th St has a dead tree that has fallen. The property at 4924 Tyler St has a driveway that is deteriorating. City Council Meeting August 27, 2018 Page 4 of 10 DeWayne Morrell -4212 Reservoir Blvd. questioned why a tree at the vacant lot on McLeod is not being taken care of. Chief Gorman said he will look into it. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Numbers 2018 -56 and 2018 -57, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution Numbers 2018 -56 and 2018 -57, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. All Ayes, Motion Carried B. Consideration of revocation of the licenses to operate rental units within the City of Columbia Heights is requested against the rental properties at, 4518/20 Fillmore Street, and 4521 Madison Street, for failure to meet the requirements of the Residential Maintenance Codes. Fire Chief Gary Gorman reported that the property 4518/4520 Fillmore St has not submitted their Rental Application and applicable fees. The property at 4521 Madison St has not scheduled an inspection with the Building Official. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Numbers 2018 -61- 2018 -62, being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Williams, seconded by Councilmember Buesgens to adopt Resolution Numbers 2018 -61— 2018 -62, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. All Ayes, Motion Carried C. Adopt Resolution for Emergency Abatement, 5050 Central Ave. Fire Chief Gary Gorman reported that the parking lot behind Super America and Wendy's was in serious disrepair. The lot has been repaired and will be inspected later in the week. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution 2018 -53, there being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr.to adopt Resolution Number 2018 -53, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion Carried 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports City Council Meeting August 27, 2018 Page 5 of 10 10. ADMINISTRATIVE REPORTS Councilmember Buesgens attended the MWIVIO Citizen Advisory Committee, the Met Council Transportation Committee, and the Met Council Housing & Economics Committee. Buesgens reported 500 people have shown interest in the Grand Central Lofts apartments. HeightsNEXT will be partnering with the City's Public Works department to offer a Fix -it Clinic on October 6th. Mayor Schmitt met with the St. Paul Association of Realtors, who would like to work with the City on a training event for Realtors, and to work with City Staff. Mayor Schmitt attended the Columbia Heights School District luncheon for new staff members. City Manager Walt Fehst reported that the recent abatement on Jackson Street is complete, and the City is working with Anoka County to assist the resident. Mayor Schmitt commented that Sergeant Monberg has done an excellent job throughout this process. Fehst announced various transportation options for people to get to the SACA Food Shelf. The City's Manager 2019 Budget Message and Summary were sent to the council on the preceding Friday. The upcoming budget meeting schedule was announced. Mayor Schmitt asked for an update on Keyes Park. Director Hansen reported construction is complete, with the exception of a couple of minor items. Hansen indicated the field will be ready for use next summer. 11. CITIZENS FORUM Dewayne Morrell -4212 Reservoir Blvd. suggested the City consider hiring a special prosecutor to investigate the possibility of preferential treatment by Senior Staff members regarding the impound lot operated by Bobby & Steves. Morrell also questioned why a contract with another towing company was terminated. City Attorney Jim Hoeft explained the towing company in question violated the police departments chain of custody protocol. Mr. Morrell stated he is not in favor changing the oversight of the Police Department from the Mayor to the City Manager. 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to adjourn. All Ayes, Motion carried. Meeting adjourned at 8:03 p.m. Respectively Submitted, Katie Bruno, City Clerk /Council Secretary RESOLUTION 2018 -53 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Nearco IV LLC (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 5050 Central Avenue N.E. Columbia Heights, Minnesota. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia 10 City Council Meeting August 27, 2018 Page 6 of 10 Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 14, 2018 the City of Columbia Heights responded to a complaint at the address listed above. Inspection determined that the parking lot /driveway was damaged and unsafe. 2. That on August 14, 2018 the Fire Chief had his designee order City Of Columbia Heights Public Works Department repair unsafe potholes and conditions. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 5050 Central Avenue N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 5050 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 the emergency abatement of the hazardous situation located at 5050 Central Avenue N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 5050 Central Avenue N.E. constitutes a nuisance pursuant to City Code. 2. RESOLUTION NO. 2018 -56 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 Crystal J. Haynes (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4250 4th Street N.E., Columbia HeighLS, 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 July 26, 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 June 22, 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 July 25, 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 August 15, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 11 City Council Meeting August 27, 2018 Page 7 of 10 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. Per the City Forester, it is required to remove the dead tree (and all of the tree stump(s)) in the front yard to within 2 -4 inches below ground level. 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(6). CONCLUSIONS OF COUNCIL 1. That the property located at 4250 4th 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 4250 4th 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 NO. 2018 -57 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 Maria Elvia Lema (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4924 Tyler 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 July 10, 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 August 8, 2017, 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 July 10, 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 August 15, 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 12 City Council Meeting August 27, 2018 Page 8 of 10 Codes(s) were found to exist, to wit: A. Shall repair /replace deteriorating driveway. 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 4924 Tyler 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 4924 Tyler 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 NO. 2018 -61 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Ahmed Abdelhakeem (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4518/20 Fillmore Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 27, 2018 of a public hearing to be held on August 27, 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 June 26, 2018, inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 26, 2018, inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on August 10, 2018, inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the 13 City Council Meeting August 27, 2018 Page 9 of 10 City's Property Maintenance Code were found to exist, to -wit: a. Shall clean gutters on building. b. Shall scrape and paint garage trim /window trim. c. Shall submit rental renewal application and fee. d. Shall submit reinspection /late fees. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F16368 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION NO. 2018 -62 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Juan Carlos Lema Sinchi (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4521 Madison Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 18, 2018 of an public hearing to be held on August 27, 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 or about June 25, 2018, inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. 2. That on July 18, 2018, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: 14 City Council Minutes August 27, 2018 Page 10 of 10 a. Failure to schedule a rental license inspection with the Building Official. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number UNLIC -2018 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder 15 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: September 4, 2018 Time of Meeting: 7:00 PM Location of Meeting: Conference Room #1 Purpose of Meeting: Work Session CALL TO ORDER /ROLL CALL - The meeting was called to order at 7:00 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Novitsky and Buesgens Absent: Councilmember Williams Also present: Walt Fehst; City Manager, Lenny Austin; Police Chief, Keith Windschitl; Recreation Director, Gary Gorman; Fire Chief, John Larkin; Assistant Fire Chief, Joe Kloiber; Finance Director, Kelli Bourgeois, Human Resources Director /Assistant City Manager and Katie Bruno; City Clerk. Request to Rurchase speed enforcement equipment Police Chief Lenny Austin explained that the department is requesting to purchase a speed trailer, a traffic data collector, and a message trailer. The cost for the message trailer would be shared with the Public Works Department. The Police Department's total expenditure for the requested equipment would be $17,040. Austin reported DWI forfeiture funds would be used for the purchase. Councilmember Buesgens asked if permanent speed reporting signs were considered. Austin stated that they may be appropriate for high traffic areas, otherwise they are not easily transported. City of Peace Neighborhood Center Facility Use Policy Recreation Director Keith Windschitl reported that staff has concerns with the recently adopted Facility Use Policy for the Neighborhood Center. The Park and Recreation Commission is recommending the policy be amended to only rent out the facility to civic groups within Columbia Heights to be used for community events. This recommendation is based on several concerns. Parking limitations and congestion concerns especially given all of the children in the immediate area. To keep the building, technology, & furnishings protected from damage that could occur from renters. The computerized access card, dog key, and alarm system. The original intent of the building was not intended for commercial or private use. To minimize the weekly maintenance, cleaning, and trash collection at the facility. The facility does not have a building custodian. Users will be required to pick up after usage. The commission also recommended increasing the fees to $100 per hour, a 3 -hour minimum, and a refundable $250 damage deposit. Both Chief Austin and Windschitl agreed that the traffic congestion in the street is problematic; both for access issues as well as pedestrian and child safety issues. The council had a lengthy discussion about multiple concerns with renting the facility. It was decided to place on moratorium on new rentals until an updated policy is established (up to six months.) Summary presentation on 2019 City Manager's Proposed Budget Finance Director, Joe Kloiber reported that the City Manager's proposed budget for 2019 is 5.5% above the 2018 budget. Kloiber noted that the City has not been made aware of their fiscal disparities amount yet, and this could cause that number to decrease. In 2018 the City and the EDA began transitioning the use of the Housing and Redevelopment (special district) property tax levy from funding operating expenses, to funding redevelopment project costs. 16 City Council Work Session September 4, 2018 Page 2 of 2 In 2018, $114,000 of the special district levy was repurposed in this manner. The remaining $133,000 of the $247,000 special district levy would also be repurposed for redevelopment project costs under the proposed 2019 budget. In order to fund the operating expenses paid in prior years by the special district levy, an increase in the City gross tax levy of $133,000 is included within the 5.5% tax increase mentioned above. If not for this change, the proposed increase in the City's 2019 gross tax levy would have otherwise been 4.3 %. Kloiber stated that In 2019, the City will receive $1,663,000 in state aid to local government (LGA). Under the five year financial plan, only $450,000 of this LGA is allocated for use within the 2019 operating budget. $550,000 is allocated to the governmental buildings fund, and $500,000 is allocated to debt service on government buildings. The remaining $173,000 is allocated to various other capital purposes. If not for this LGA, these items would otherwise be paid for with property taxes. Kloiber indicated that the proposed increase to tax - supported operating expenses of the governmental funds for 2019 is 3.6% for both personnel and non - personnel combined. The largest element in this expense budget is a 3.5% cost -of- living allowance for unsettled labor agreements, including wages, as well as both voluntary and mandatory fringe benefits. Kloiber indicated there is a place holder in the budget to build a new City Hall connected to Murzyn Hall. Mayor Schmitt asked why this is being discussed at this time. It was explained that this place holder does not authorize construction of a new city hall; any further action will require council approval. Councilmember Novitsky asked if there has been an estimate done to make repairs to the current building. Manager Fehst reported that there are numerous expenses with updating the current buildings, in addition to the square footage being more than needed. Mayor Schmitt suggested discussing this as part of a five year plan, rather than have the place holder in 2019. Councilmember Buesgens was not opposed to having a place holder. Fire Staffing Discussion City Manager Walt Fehst announced the Fire Chief has requested additional staff, currently there are six full -time staff, in addition to the Chief and Assistant Chief. The workload has increased over the years, with inspections and property maintenance. The department responds to numerous medical calls as well. Kloiber indicated the two additional staff would cause an increase of about 2% to the proposed budget. Fire Chief Gary Gorman reported that call volume continues to increase, as well as Inspections. Gorman reported that paid on call Firefighters are difficult to attract and retain. This has contributed to overtime costs. The council discussed various ways to fund the staffing request, including moving money from other departments. Mayor Schmitt suggested using LGA funds. Kloiber indicated this would only solve the problem for one year, not long term. Councilmember Buesgens stated she thinks it is appropriate for the fire department services to be paid through taxes, just as the Police Department services are. Councilmember Novitsky asked how much money is lost in current TIF districts. Director Kloiber will get a report from the City's consultant. Meeting Adjourned at 10:23 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 17 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF AUGUST 6, 2018 The meeting was called to order at 6:30 pm by President, Marlaine Szurek. Members Present: Murzyn, Schmitt, Buesgens, Novitsky, Herringer, Williams, and Szurek. Staff Present: Walt Fehst, Joseph Hogeboom, Akua Opoku, and Shelley Hanson PLEDGE OF ALLEGIANCE- RECITED CONSENT AGENDA 1. Approve minutes of June 4, 2018. 2. Approve Financial Report & Payment of Bills for May and June, 2018 — Resolution 2018 -010 Questions from Members: There were no questions. Motion by Murzyn, seconded by Herringer, to approve the Minutes of June 4, 2018, and the Financial Report and Payment of Bills for May and June, 2018 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2018-10 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 Months of May and June 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 months of May and June 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 20:100806 Erb M�_n.ut.es _.. _ 18 EDA Minutes Page 2 Aug. 6, 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 6th day of _ August , 2018 Offered by: Murzyn Seconded by: Herringer Roll Call: All ayes BUSINESS ITEMS 1. Award Fayade Improvement Grant Funds and Approve Grant Agreements - Resolution 2018 -11 Akua Opoku explained that the Columbia Heights Economic Development Authority (the "EDA ") collaborated with the Columbia Heights Police Department (the "CHPD ") to solicit and evaluate requests for funding in support of revitalization, rehabilitation, and restoration of exterior store fronts through the Fagade Improvement Grant Program (the "Grant Program "). Eligible applicants were given until Friday, July 27th at 4:30 PM to complete and submit a grant application to the EDA. The EDA received twelve (12) applications, and staff reviewed and scored them based upon completion, eligibility, quality of design, and the capacity of the applicant to commence the project within 2018. Of the applications received, eight (8) were complete and eligible, one (1) was ineligible based upon the fagade improvements, and three (3) were deemed incomplete due to the lack of required application materials. The applicants of the four (4) applications deemed ineligible or incomplete were contacted and encouraged to re -apply for funding in 2019. Table 1.1 below shows the eight (8) applications recommended by staff for funding through the Grant Program in 2018, as well as the potential impact of public funds and how they have encouraged private reinvestment. The leverage ratio equates to 1:2.03; for every $1.00 of public investment, there will be $2.03 of private reinvestment within a prominent commercial corridor throughout the Central Business District. 20180806 EDA Minutes — — 19 EDA Minutes Page 3 Aug 6, 2018 Table 1.1— Application Overview Business Name Business Address Fayade Improvement Costs Potential Reimbursement (Northeast Auto Body 3918 Central Avenue $ 6,106.00 $ 3,053.00 (Bad Hombre 3948 Central Avenue $ 10,346.00 $ 5,000.00 (Hartley Law Offices 3988 Central Avenue $ 13,471.00 $ 5,000.00 IMcAlpin Agency 3990 Central Avenue $ 1,079.00 $ 539.50 (Rapid Graphics & Mailing 4016 Central Avenue $ 30,261.00 $ 5,000.00 (Big Cutz Barbershop 4020 Central Avenue $ 1,568.00 $ 784.00 Chet's Shoes 4357 Central Avenue $ 3,226.00 $ 1,613.00 Midas Auto Repair 14415 Central Avenue TOTAL: $ 4,903.00 $ 2,451.50 $ 70,960.00 $ 23,441.00 * Fagade Improvement Costs include the total cost of the eligible fagade improvements, but also design work, labor, and installation costs. ** Potential Reimbursement depicts the total cost to the EDA based upon the reimbursement of eligible improvements up to fifty percent (50%); for a maximum reimbursement of $5,000. Table 1.2 below summarizes the eligible fagade improvements contained within each application from the respective business. ble 1.2 — Fagade Improvement Overview Business Name Northeast Auto Bod Bad Hombre Hartley Law Offices McAlpin Agency Rapid Graphics & Mailing Cutz Barbershc tet's Shoes idas Auto Repair ;ligible Facade Improvements teplacement of Windows and Doors :anopy or Awning Installation or Repair; Installation of New or Renovated kttached Signage; and Exterior lighting nstallation of New or Renovated Attached Signage :anopy or Awning Installation or Repair teplacement of Windows and Doors; and Exterior Painting, Re- siding, or 'rofessional Cleaning nstallation of New or Renovated Attached Signage :xterior lighting; and Exterior Painting, Re- siding, or Professional Cleaning 'xterior Painting, Re- siding, or Professional Cleaning Table 1.3 below distinguishes the total fagade improvement costs for each eligible fagade improvement contained within the Grant Program. This table has been compiled to better understand the true need of fagade improvements for businesses and property owners in the Central Business District. _ G 06 E DA M s.z :} 20 EDA Minutes Page 4 Aug. 6, 2018 Table 1.3 — Fagade Improvement Overview (Eligible Fagade Improvements IFagade Improvement Costs Architectural Improvements $ 0.00 Canopy or Awning Installation or Repair $ 8,579.00 Exterior lighting $ 4,637.00 Exterior Painting, Re- siding, or Professional Cleaning $ 10,053.00 Green Fagade Improvement $ 0.00 Installation of New or Renovated Attached Signage $ 15,704.00 Masonry Repairs or Tuckpointing $ 0.00 Replacement of Windows and Doors $ 31,987.00 Restoration of Exterior Finishes and Materials $ 0.00 TOTAL. $ 70,960.00 Staff recommends approval of Resolution 2018 -11 as presented and awarding grant funds to the applicants listed in Table 1.1. Questions /comments from members: Members wanted to know what type of business "Bad Hombre" was. Hogeboom stated he thought it was some type of Real Estate Holding or Management Company. Szurek asked if all the businesses were aware of the security camera requirement, and she responded that they were all aware of that. Szurek asked if the businesses that submitted applications were in the target area that the Police were hoping for. Opoku said that staff had met with Sgt. Markham from the Police Dept and they did get some in the targeted area. Schmitt said that Big Cutz recently sustained damage from a vehicle that ran into the building and that most of that damage should be covered by insurance. Opoku stated that insurance will not cover what they wanted to do under this grant application (improved signage), and getting payment and repairs done by insurance could take some time. This grant would allow them to start the improvements by installing the new signage. Szurek thought the grant was to improve the fagade, and wasn't intended for signage. Buesgens thought upgrading signage from banner type to professionally designed signage is an improvement and is a start to owner's investing in their businesses. She stated she is excited about this program and is hoping the outside work will encourage surrounding businesses to also make improvements. She noted that the businesses are investing twice as much as the City's share of grant funds. Hogeboom stated this is a pilot program and it's possible that the program could be enhanced or expanded in the future if this first phase is successful. Herringer asked if the professional cleaning mentioned in the applications referred to power washing the outside of the buildings. Opoku stated that is what the term referred to. 20180806 EDA Minutes ` 21 EDA Minutes Page 5 Aug 6, 2018 Motion by Schmitt, seconded by Murzyn, to waive the reading of Resolution 2018 -11, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schmitt, seconded by Buesgens, to adopt Resolution 2018 -11, a resolution approving the form and substance of the Fagade Improvement Grant Agreement, and approving Authority staff and officials to take all actions necessary to enter the Authority into Fagade Improvement Grant Agreements with various grant recipients, as recommended by staff. All ayes. MOTION PASSED. RESOLUTION NO. 2018-11 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE FORM AND SUBSTANCE OF THE FACADE IMPROVEMENT GRANT AGREEMENT, AND APPROVING AUTHORITY STAFF AND OFFICIALS TO TAKE ALL ACTIONS NECESSARY TO ENTER THE AUTHORITY INTO FACADE IMPROVEMENT GRANT AGREEMENTS WITH VARIOUS GRANT RECIPIENTS. BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: WHEREAS, the City of Columbia Heights (the "City ") and the Authority have collaborated to create a certain Fagade Improvement Grant Program (the "Program "); and WHEREAS, pursuant to guidelines established for the Program, the Authority is to award and administer a series of grants to eligible commercial property owners and /or tenants for the purposes of revitalizing existing store fronts, increasing business vitality and economic performance, and decreasing criminal activity along Central Avenue Northeast, in the City's Central Business district, pursuant to a Fagade Improvement Grant Agreement with various property owners and /or tenants (the "Grant Agreement "); and WHEREAS, pursuant to the Program, the City is to coordinate a surveillance camera monitoring program by placing surveillance cameras on some of the storefronts that are part of the Program for the purposes of improving public safety in and around the Central Business District; and WHEREAS, the Authority has reviewed copies of the proposed form of the Grant Agreement. NOW, THEREFORE BE IT RESOLVED that the Authority hereby approves the form and substance of the Grant Agreement, and approves the Authority entering into the Grant Agreement with various grant recipients, as recommended by the Community Development Department of the City, in accordance with the Program guidelines. BE IT FURTHER RESOLVED, that Marlaine Szurek, as the President of the Authority, is hereby authorized, empowered and directed for and on behalf of the Authority to enter into the various Grant Agreements. BE IT FURTHER RESOLVED, that Marlaine Szurek, as the President of the Authority, is hereby authorized and directed to execute and take such action as he /she deems necessary and appropriate to carry out the purpose of the foregoing resolutions. BE IT FURTHER RESOLVED, that these actions shall be effective as of August 6, 2018. 20180806 EDA Minutes -- 22 EDA Minutes Page 6 Aug 6, 2018 ORDER OF ECONOMIC DEVELOPMENT AUTHORITY this 6th day of August, 2018 -red by: Schmitt onded by: Buesgens 1 Call: All ayes President ttest: istant Secretary Hogeboom told members that a Special Meeting will be called for August 27th at 6 pm to review the budget. He explained that the EDA must approve the budget for the 204 fund and that it will go to the City Council later that night. Motion by Buesgens, seconded by Novitsky, to adjourn the meeting at 6:43 pm. Respectfully submitted, Shelley Hanson Secretary 20180806 EDA-Minutes 23 CH COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, August 1St, 2018 Approved 8/5/2018 The meeting was called to order in the History Room by Chair, Patricia Sowada, at 5:32pm. Members present: Patricia Sowada, Catherine Vesley, Nancy Hoium, Tricia Conway, and Council Liaison, Robert "Bobby" Williams (Absent: Stephen Smith). Also in attendance: Renee Dougherty (Library Director), and Nick Olberding (Recording Secretary). The Minutes of the June 13th, 2018 Board Meeting were approved. Bill List dated June 13th, 27th, and July 27th, 2018, were reviewed. All were individually moved, seconded, and passed that the bills be paid. Accounting Sheet as of August was reviewed, and approved. ■ Questions and discussions based on Bills and Accounting: • Pioneer Press: $717 ?! Yes, that's now the going rate for 7- day /week delivery. Star Tribune is similarly priced. • Utilities: Electric cost looks alright. Eric is still tweaking HVAC to make it as efficient as possible, and sending stats to architects, who would like to make sure it is performing as planned and hitting their targets. ■ Credit Card: City hasn't figured out a process /vendor, so still no plans to implement credit card processing at the library in the near future. Old Business: 901h Anniversary Events: • Jamboree Parade Recap: The float was well -done; everyone had a good time riding and throwing out candy; the driver was excellent (helped people on /off the truck, and performed an impressive parallel park job). For the future, Renee would need much more help, and a stronger commitment from volunteers. Join the parade again next year? No clear answer; emotions seemed mixed... • History Event (fpm on Sat, Oct 13th): Event presented by Anoka County Historical Society and focusing on the 1920's and the beginnings of the CHPL. During the event, we will be asking attendees to write down their favorite memories of the Columbia Heights Library; to be displayed for the Open House in December. • Open House (Sat, Dec V): All day event... featuring the music of Flipside (spanning the 20s, 30s, and 40s) from 1 -2pm, and 2:30- 3:30pm; Exhibition of photos from the Photo Contest; Memories from the History Event; Birthday Cards from kids in the community; a speech /presentation around midday; Cookies, coffee, and punch provided by the Friends of the Library. CHPL Public Arts Advisory Committee: Margo Ashmore has a pretty good handle on the details of the Photo Contest that the Committee is partnering on. The emphasis will be Heights people (as opposed to pictures of gardens, scenery, etc. that photo contests are usually inundated with). On October 6th the Committee will narrow down the entries, and make their selections. Photos will be on display in the Community Room for the Open House, and remain for around 6 weeks. Monument Sign: The LED panel has been ordered and should arrive mid - August. Building of the base (with leftover stone from the Library construction) will commence after Labor Day, and be finished around mid - October. City is building the base, and then the sign company will mount the LED portion when complete. 24 New Business: 21st Century Community Learning Centers Grant: The Library will be joining in on the 2 n and V year of the 21St Century Grant; in collaboration with Kristen Stuenkel and Parks & Recreation. Funding will focus on Stn -8th Graders in the form of STEM Program Series (urged towards series of programs to keep kids engaged, as opposed to one -off events on different topics). Also included will be a graphic novel book club once -a- month. 2018 -19 programming will begin at the end of September. 2019 Budget: Cuts to the proposed budget include books and e- books, programming, and supplies. Some of the programming cuts will be supplemented by funds from the 21St Century Grant. Property and Liability Insurance is going up $5000, which affects all city departments (the city as a whole has had some claims). The Board would like to see Renee, Cortni, and /or Bri attend a Library Conference, if able. The largest portion of the library budget is personnel costs; several full and part -time staff members are still going through pay -scale steps /increases. o The board would like to see the library able to hire another person, because they feel we are stretched thin, and could use coverage for illness and unforeseen instances. We have underspent budget on personnel for the last three years, but that was due to employee turnover, and the time it takes to hire a replacement. We are appropriately staffed for a library of our size. Items from the Floor: • Department of Education sent confirmation that they received our yearly statistical submission. • Columbia Heights Library is receiving a Bike Fix -It Station as part of a partnership between Anoka County Libraries and Parks, and the Statewide Health Improvement Partnership. The partnership focuses on creating healthier communities across Minnesota by expanding the opportunities for active living by reducing the barriers of transportation and increasing access to facilities and opportunities for walking and biking. • One of the Parking Lot Cameras is dysfunctional and will be replaced. • Library Director will be on vacation from August 20 -31St • Catherine Vesley would like to thank the Board for their thoughts & flowers in Donald's passing. There being no further business, a motion to adjourn was made at 6:28pm 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. 25 0 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE SEPTEMBER 10, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Request to Purchase Speed Enforcement Equipment DEPARTMENT: Police Department CITY MANAGER'S APPROVAL: BY /DATE: Chief Lenny Austin /09 -05 -2018 BY /DATE: 2:>rws�,, a�-1� CITY STRATEGY: #1; Safe Community Additional Strategy? choosy iii teat. SHORT TERM GOAL (IF APPLICABLE): c' -inose an it Additional Goal? i L P-I" . BACKGROUND: One of the biggest concerns expressed to law enforcement by citizens is speeding in residential neighborhoods. Over the past 17 years we have used our CHPD speed trailer to analyze speeding complaints as well as to reduce speeding issues in targeted areas. The current CHPD speed trailer was purchased in June of 2001 for $13,840. The trailer is fairly heavy, which makes it difficult for CSO's to park by hand in the CHPD garage. At this time the trailer only runs off a battery that needs to be recharged every other day in order for it to work. Over the years, the trailer has sustained some damage, including an accident around 2009 where the solar panel was broken off. STAFF RECOMMENDATION: We have explored different equipment options from Stalker Radar. We are requesting to purchase a new speed trailer that is much lighter to move and can stay parked indefinitely while running off of solar power. The new speed trailer is $7,588.00. One of the issues with using a speed trailer to collect speeding data is that the trailer in itself causes traffic to slow down and in turn produces data that is not entirely accurate. Therefore, we are also requesting to purchase a traffic data collector. The data collector mounts to a pole or sign post inconspicuously and counts the number of cars traveling on the street along with speed data. The data collector will not be recognized by cars and therefore will provide a more accurate analysis of traffic issues on a street. The data collector is $1,990.00. The Police Department would also like to partner with Public Works on the purchase of a message trailer which would be an effective communication tool. The trailer has a speed sensor built into it along with a solar panel, with a programmable message board which is 3 feet by 6 feet in size. The police department would use the trailer to notify the public of events like the Jamboree and holiday train, traffic changes, training events in the area and other uses. The Columbia Heights Public Works Department also has a need for this message trailer to help with road construction and other traffic events. Public Works has agreed to split the cost of the trailer with the police department. 26 City of Columbia Heights - Council Letter Page 2 The total cost of the message trailer is $14,924.00. The police department would be responsible for $7,462.00 and public works would be responsible for $7,462.00. We request that the police share of the message trailer be purchased using DWI forfeiture money. Public Works has provided line items from their annual budget that they would like to use to purchase their half of the trailer. (101.43100.5180, 101.43121.5180, and 212.43190.5180) The Police Department's total expenditure for the speed trailer, data collector and message center is $17,040. Our current city DWI forfeiture fund has a balance of $22,624.35. We ask that this equipment be purchased using DWI forfeiture money. RECOMMENDED MOTION(S): Move to authorize the purchase of the following items from Stalker Radar for the purpose of speed enforcement and communication: A new speed trailer in the amount of $7,588, and A speed data collection device in the amount of $1,990, and An Electronic Message Trailer in the amount of $14,924, purchase to be split with Public Works Total cost of the Police Department's portion of the purchase is $17,040. ATTACHMENTS: Speed trailer printout Message sign printout 27 Stacker SAM Speed Awareness Monitor Stalker's SAM trailers are powered by Precision Solar Controls and feature Stalker speed measurement accuracy in a rugged, dependable trailer platform. Optional Solar Panels 0 18" Amber LED characters - legible at up to 1000 ft 4D Deep -cycle battery - provides over 18 days of operation and longer time between charges Stalker K -Band Doppler Radar New Optional Programmable LED Violator Alert a Optional Integrated Statistics Package Programmable LED Violator Alert Stalker Message Center 360 Mast - Mounted Variable Message Sign T x 6- display 'NEW �#' +c 6` di�a�, s Rotates 360 degrees - Innovative design allows mast to raise, lower, pivot, and lock for easier towing, setup and positioning. Now 2 models to choose from: ■ Tx 6' display panel ■ 4'x 8' display panel 5i Product Features: MUTCD- compliant • Highly efficient travel configuration • 300+ memorized, customized, user - programmable messages Full matrix, amber LED characters - legible at up to 850 ft. • (4) Deep -Cycle batteries - provide a longer time between charges and up to 21 days of operation ■ Optional Stalker Traffic Anal st ■ Optional top -mount solar panels for increased autonomy ■ NEW - Optional on -board modem and WiFi provides web -based 4G remote access for real -time message updating, battery voltage monitoring, and alerts 29 p n AGENDA SECTION CONSENT CH COLUMBIA ITEM NO. 7D HEIGHTS MEETING DATE SEPTEMBER 10, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: CITY OF PEACE NEIGHBORHOOD CENTER FACILITY USE MORITORIUM DEPARTMENT: Recreation CITY MANAGER'S APPROVAL: BY /DATE: Keith Windschitl 09/05/18 BY /DATE: CA ltili BACKGROUND: The City of Peace Neighborhood Center was completed at the end of 2017 with a soft opening on January 17, 2018. The building is a moderate size room with seating capacity of 26 and total capacity of 64. It has interior restrooms and an attached covered picnic area with three large picnic tables. The building is heated and cooled and is access controlled with video monitoring. The space also has a small office that is intended for staff use only as it houses a computer linked to the Police network and IT systems. The City Council, on the date of May 14, 2018, approved the original Facility Use Policy. Upon implementation of the policy the Recreation Department had many concerns based on the safety, security, and feasibility of public use in the building. On August 22, 2018 the Park and Recreation Commission discussed and recommended various changes to the current policy. This was also discussed at the City Council work session on September 4. Staff will continue to research and develop a new rental policy. ANALYSIS /CONCLUSIONS: The Park and Recreation Commission have many concerns about renting out the City of Peace Neighborhood Center. Some of the concerns are listed below. Parking limitations and congestion concerns especially given all of the children in the immediate area. To keep the building, technology, and furnishings protected from damage that could occur from renters. The computerized access card, dog key, and alarm system. The original intent of the building was not intended for commercial or private use. To minimize the weekly maintenance, cleaning, and trash collection at the facility. The facility does not have a building custodian. Users will be required to pick up after usage. STAFF RECOMMENDATION: Staff recommends placing a moratorium on the rentals of the City of Peace Neighborhood Center until a new policy is developed. RECOMMENDED MOTION(S): Move to place a moratorium on the rentals of the City of Peace Neighborhood Center until a new policy is developed. ATTACHMENT(S): None 30 C,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT z ITEM NO. 7E MEETING DATE SEPTEMBER 10, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2018 -66, AMENDING THE 2019 WATER SUPPLY RATES SET BY RESOLUTION 2015 -98 DEPARTMENT: Finance CITY MANAGER'S APPROVAL: BY /DATE: Joseph Kloiber /September 5, 2018 BY /DATE: q 1-1� CITY STRATEGY: #2: Economic Strength Additional Strategy? #7: Strong Infastructure /Public Services SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: In 2015, based on a utility rate study by the engineering firm TKDA, the city council adopted resolution 2015- 98, setting customer rates for water, sanitary sewer, storm sewer, refuse, and recycling, for 2016 through 2019. The 2019 rates established by resolution 2015 -98 provide for a 3.5% increase over 2018 for each of these services. Based on 2018 analyses by city staff and by the city's independent auditors, the 2019 rate established by resolution 2015 -98 for water supply will not provide sufficient revenue to meet the estimated 2019 expenses of the water fund. This is despite the City's cost reduction measures for the water fund of: Reducing the 2019 operating expense budget by 1.2% from 2018. Reducing the 2019 transfers of water revenue for debt payments by $63,000 from 2018. Deferring certain 2018 maintenance on the water system infrastructure to future years. STAFF RECOMMENDATION: Staff recommends increasing the water supply rates for 2019 by 6.5% by approving the following motions. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2018 -66, there being ample copies available to the public. Move to adopt Resolution 2018 -66, being a resolution amending the 2019 water supply rates set by resolution 2015 -98. ATTACHMENTS: Resolution 2018 -66 Utility funds excerpt from 2019 City Manager's Budget Message Resolution 2015 -98 31 RESOLUTION NO. 2018 -66 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AMENDING THE 2019 WATER SUPPLY RATES SET BY RESOLUTION 2015 -98. Whereas, the rates for water, sanitary sewer, storm sewer, refuse , and recycling services, billed on or after January 1, 2019, by the City of Columbia Heights were established by resolution 2015 -98; and Whereas, based on current estimates, the rates established by resolution 2015 -98 for water services billed on or after January 1, 2019, are not sufficient to meet the necessary operating and infrastructure costs of the City's water utility fund; Now, therefore, in accordance with the foregoing and with M.S. 103G.29 and with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2019 water supply rates stated in section 2 of resolution 2015 -98 are amended to be as follows: 2. Water Supply Rates: Customer Classification Year 2019 Residential Sinzle Famil Fixed Fee $ 30.05 Tier 1 Per 1000 gallons $ 4.50 Tier 2 Per 1000 gallons $ 5.63 Water Meter Surcharge $ 3.00 Residential Multi -Family_ $ 270.53 Fixed Fee (Per Dwelling Unit) $ 30.05 Tier 1 per 1000 gallons $ 4.50 Tier 2 per 1000 gallons $ 5.63 Non- Residential Commercial Fixed Fee (Based on Meter Size) Less than 1" Meter $ 30.05 1" Meter $ 60.12 1.5" Meter $ 75.16 2" Meter $ 120.24 3" Meter $ 270.53 4" or Larger Meter $ 480.94 Tier 1 per 1000 gallons $ 4.50 Tier 2 per 1000 gallons $ 5.63 BE IT FURTHER RESOLVED that all other rates set by resolution 2015 -98 remain in force as originally adopted. 32 Passed this 10th day of September, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 33 CITY OF COLUMBIA HEIGHTS CITY MANAGER'S 2019 BUDGET MESSAGE EXCERPT. Utility Funds Customer utility rates for water, sewer, storm water, and refuse, are set by resolutions adopted periodically by the City Council. The last such resolution, 2015 -98, set rates through 2019. After analyzing the financial condition of the utility funds, as well as the physical condition and capacity of the utility systems, city staff report the following: Water Fund The 2019 rate under resolution 2015 -98 is not sufficient to keep this fund financially sound for 2019 or beyond. qP %A /Pr Hind The 2019 rate under resolution 2015 -98 will probably be sufficient for 2019, but increases greater than the general rate of inflation will be required after 2019 for this fund to be sustainable. Storm Water Fund The 2019 rate under resolution 2015 -98 will probably be sufficient for 2019, but increases greater than the general rate of inflation may be required after 2019 for this fund to be sustainable, depending on the availability of intergovernmental grants for capital projects. Refuse Fund The 2019 rate under resolution 2015 -98 will clearly be sufficient for 2019. Barring any unforeseen legislative mandate, future rate increases equal to the general rate of inflation should be sufficient to keep this fund sustainable. The 2019 rates under resolution 2015 -98 provide for a 3.5% rate increase over 2018, for each of the four utility funds. Based on the staff report above, the proposed 2019 budget retains that 3.5% rate increase for sewer, storm water, and refuse; but provides for a 6.5% increase in the water rate. In terms of dollar effect, the 2019 rates under resolution 2015 -98 increase the combined average quarterly residential bill by $8.22. The proposed 2019 budget, by further increasing the water rate, adds an additional $2.79 to the average quarterly residential bill. A key long -term issue within the utility funds is that past annual rate increases have been equal to or only slightly greater than the general rate of inflation. This practice has only been adequate for the operating costs of the utility funds. The cost of replacing the City's utility infrastructure has increased significantly more than the general rate of inflation, and will continue to do so, due to the age of the infrastructure. This issue has caused several infrastructure projects to be deferred beyond the date at which engineering standards advise replacement. 34 RESOLUTION NO. 2015-98 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, a Utility Rate Study has been completed which has analyzed the past, current and future financial health of the City of Columbia Heights' Water, Sanitary Sewer, Storm Sewer and Refuse funds and; 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 In accordance M.S. 103G.29, and with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council Environmental Services and the Minneapolis Water Department and other primary vendors of the City's utility funds, the following quarterly rates shall be effective for all billings rendered on or after January 1, 2016: 1. Water Supply Conservation Rates: Second tier rates established in section 2 below, apply as follows: • Residential Second tier rate is for water use greater than 25,000 gallons per quarter per dwelling unit. • Non - Residential - Less than 1 inch Meter Second tier rate is for water use greater than 25,000 gallons per quarter. • Non - Residential - 1 inch Meter or larger Second tier rate is for water use greater than 250,000 gallons per quarter. • Irrigation_ Meters: The Second Tier rate applies to all water run through sprinkler meters. 2. Water Supply Rates: Customer Classification Year 2016 2017 2018 2019 Residential Single Family Fixed Fee $ 25.25 $ 27.27 $ 28.22 $ 29.21 Tier 1 Per 1000 gallons $ 3.79 $ 4.09 $ 4.23 $ 4.38 Tier 2 Per 1000 gallons $ 4.73 $ 5.11 $ 5.29 $ 5.48 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 Residential Multi - Family Fixed Fee (Per Dwelling Unit) $ 25.25 $ 27.27 $ 28.22 $ 29.21 Tier 1 per 1000 gallons $ 3.79 $ 4.09 $ 4.23 $ 4.38 Tier 2 per 1000 gallons $ 4.73 $ 5.11 $ 5.29 $ 5.48 Non - Residential Commercial Fixed Fee (Based on Meter Size) Less than 1" Meter $ 25.25 $ 27.27 $ 28.22 $ 29.21 1" Meter $ 50.50 $ 54.54 $ 56.45 $ 58.43 1.5 " Meter $ 63.13 $ 68.18 $ 70.57 $ 73.04 35 Customer Classification Year 2016 2017 2018 2019 2" Meter $ 101.00 $ 109.08 $ 112.90 $ 116.85 3" Meter $ 227.25 $ 245.43 $ 254.02 $ 262.91 4" and Larger Meter $ 404.00 $ 436.32 $ 451.59 $ 467.40 Tier 1 per 1000 gallons $ 3.79 $ 4.09 $ 4.23 $ 4.38 Tier 2 per 1000 gallons $ 4.73 $ 5.11 $ 5.29 $ 5.48 3. Sanitary Sewer Disposal Rates: Customer Classification Year 2016 2017 2018 2019 Residential Single Family $ 23.72 $ 24.55 Fixed Fee $ 21.96 $ 23.72 $ 24.55 $ 25.41 Rate per 1000 Gallons $ 2.38 $ 2.57 $ 2.66 $ 2.75 Residential Multi - Family Fixed Fee (Per Dwelling Unit) $ 21.96 $ 23.72 $ 24.55 $ 25.41 Rate per 1000 Gallons $ 2.38 $ 2.57 $ 2.66 $ 2.75 Non - Residential Commercial Fixed Fee (Based on Meter Size) Less than 1" Meter 1" Meter 1.5 " Meter 2" Meter 3" Meter 4" Meter Rate per 1000 Gallons $ 21.96 $ 23.72 $ 24.55 $ 25.41 $ 43.92 $ 47.43 $ 49.09 $ 50.81 $ 54.90 $ 59.29 $ 61.37 $ 63.52 $ 87.84 $ 94.87 $ 98.19 $ 101.63 $ 197.64 $ 213.45 $ 220.92 $ 228.65 $ 351.36 $ 379.47 $ 392.75 $ 406.50 $ 2.38 $ 2.57 $ 2.66 $ 2.75 Sanitary sewer volume rates apply as follows: • Residential use up to 25,000 gallons per quarter per dwelling unit, single and multi - family. • Non - residential use for all volume metered. 4. Storm Sewer Rates: Customer Classification R -1 Single Family Residential R -2 One and Two Family Residential R -3 Multi - Family Residential R-4 Multi - Family Residential RB Residential Business LB Limited Business District GB General Business District Year 2016 2017 2018 2019 $ 10.24 $ 11.06 $ 11.45 $ 11.85 $ 10.24 $ 11.06 $ 11.45 $ 11.85 $ 67.57 $ 72.98 $ 75.53 $ 78.17 $ 67.57 $ 72.98 $ 75.53 $ 78.17 $ 131.54 $ 142.06 $ 147.03 $ 152.18 $ 131.54 $ 142.06 $ 147.03 $ 152.18 $ 148.68 $ 160.57 $ 166.19 $ 172.01 36 CBD Central Business District I Light Industrial 1 -1 Heavy Industrial MWW Minneapolis Water Works 5. Residential Refuse: Service Size 30 Gallon Container 60 Gallon Container 90 Gallon Container 1 Yard Service 1 -1/2 Yard Service 2 Yard Service 3 Yard Service 4 Yard Service 6 Yard Service 8 Yard Service Recycle and Yard Waste per Dwelling Unit (1 -3 Units) Recycling without Yard Waste per $ 148.68 $ 160.57 $ 166.19 $ 172.01 $ 116.08 $ 125.37 $ 129.76 $ 134.30 $ 131.54 $ 142.06 $ 147.03 $ 152.18 $ 16.32 $ 17.63 $ 18.25 $ 18.89 Year 2016 2017 2018 2019 $ 37.19 $ 37.95 $ 39.28 $ 40.65 $ 38.96 $ 39.75 $ 41.14 $ 42.58 $ 48.59 $ 49.58 $ 51.32 $ 53.11 $ 127.53 $ 130.13 $ 134.68 $ 139.40 $ 174.01 $ 177.56 $ 183.77 $ 190.21 $ 203.20 $ 207.35 $ 214.61 $ 222.12 $ 261.58 $ 266.92 $ 276.26 $ 285.93 $ 319.96 $ 326.49 $ 337.92 $ 349.74 $ 436.70 $ 445.61 $ 461.21 $ 477.35 $ 481.13 $ 490.95 $ 508.13 $ 525.92 $ 15.61 $ 15.93 $ 16.49 $ 17.06 Dwelling Unit (4 or more units) $ 8.11 $ 8.28 $ 8.57 $ 8.87 Additional refuse information: • Quarterly prices shown are for weekly pickup. • Household recycling cost is based on every -other week collection. • Optional cart for yard waste is not included in the yard waste service price. Cart is available for an additional cost. + 90 gallon refuse service allows for additional trash bags not in container to be picked up. • 2 yard compacted service computed as 6 yard non - compacted. 6. Senior Utility Rates (same as residential, except as below): Owner Occupied Home Income - qualified Senior Year 2016 2017 2018 2019 Water - Fixed Fee Sanitary Sewer - Fixed Fee Maximum Charge for 25,000 Gallons /Quarter Refuse - Any Size Container Up to 90 Gallons $ 19.62 $ 21.19 $ 21.93 $ 22.70 $ 16.17 $ 17.46 $ 18.07 $ 18.70 $ 75.67 $ 81.71 $ 84.57 $ 87.45 $ 37.19 $ 37.95 $ 39.28 $ 40.65 37 BE IT FURTHER RESOLVED that all foregoing rates do not include state fees or sales tax, and BE IT FURTHER RESOLVED that all state fees and taxes will be added to the utility bills in addition to the foregoing rates. ORDER OF COUNCIL Passed this 14th day of December, 2015 Offered by: Williams Seconded by: Murzyn, Jr. Roll Call: All Ayes Gary L. Peterson, Mayor Attest: N A Katie Bruno, City Clerk /Council Secretary 38 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7F MEETING DATE SEPT 10, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: BY /DATE: Sept 5, 2018 BY /DATE: ,— CITY STRATEGY: #1; Safe Community Additional Strategy? choose an item. SHORT TERM GOAL (IF APPLICABLE): -:rn: ose an em Additional Goal? choose ar r_c-m. BACKGROUNDIANALYSIS Attached is the business license agenda for the September 10, 2018 Council meeting. This agenda consists of applications for 2018 Contractor Licenses. 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 September 10, 2018 as presented. ATTACHMENTS: 20180910 License Agenda 39 City of Columbia Heights - Council Letter TO CITY COUNCIL August 27, 2018 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2018 BLDG *Stucky Construction LLC 1525 1801h Ave, Ogilvie $80 Doug Linden Inc 8717 Goldenrod Ln N, Maple Grove $80 *Signminds Inc 1400 Quincy St NE, Mpls $80 *David's Glass & Hm Improve 3927 Brookdale Cir N, Brk Pk $80 40 20180709 - License Agenda Page 2 00 r O N 0 L a� E a) a) LL O z H W W J_ U z D O U z W F- a W 0 W z z LL Q H O CO W z z_ U- 0 w Q H U) z U- 0 } H z O 0 W 2 Q m J 0 U- 0 H U C m U a) L U Q N E m U 4- O N 'O a) N O U C a) a) L a) a) a) L 07 f0 t U C O U U a) cn a) m N O N a) c C_ U C (0 O L U U co c co O ►� c O 0 2 C6 m R CD co m O C O O N L c L N C C U 0 U a� HVI v N ul W + + + + a H P4 # + W W W * + U) >H x5 s # 0 * a U�+ H # # {q m # + O # + H O p • # it W rl a m * it U 0 0 + * U D + + U) I # # N l9 &, ul % + * C to 0 0 0 * # i 0 LO IV * # a Haa + HC7C7 + H U * # rn W Lo a + * (9 H * + z N * H r a) CLU) a u 4 4 4a 4 4 41 4 4 u 44 N u u u 4i P + # a +) +) +) -) -P +J +J +J N +J 4) +) u u v * * H r >r # 0000# U m zz O>1 44 + # z r x 0 # # n rn +J * zzzz* 0 U) + w U r •rl # s r-I x # zzzzw Go U * FC FC FC FC * v a) + w \ V aV O r O U * W W W W w rl rip ♦ \ U) N a m a) a a + aaaa+ o rA * + . 4+ v # -P m + + + + + * C o # + + + + * • • C o U) + * v Q a) W m * * 4-) u� o w Qo U) cN * w E V U) • U a) U >I � * rov . . . . . . . . . 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DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Hammond 9/6/18 BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? BACKGROUND: Ivan and Randeelyn Clauson have requested a Variance to the front and side yard setbacks for the subject property. Currently, there is a one car attached garage on the property. The garage is located on the east side of the house, with driveway access provided off 49th Avenue. The current garage is in disrepair and the property owners wish to remove the existing garage and replace it with a new two car attached garage. A survey is attached illustrating the proposal. The front of the house and garage face 49th avenue; there is a provision in the code that defines this as the side yard of the property, even though it functions as the front of the property. Due to this provision the east side of the property is considered the front yard. The provision is as follows: 9.106 (8) (9) For corner lots, the shorter lot line abutting a public street shall be deemed the front lot line for purposes of this article, and the longer lot line abutting a public street shall be deemed a side lot line. In this case, the property's dimensions are 90 feet along 491h Avenue and 88 feet along Monroe Street. Due to this provision, and the existing location of the house, the proposed garage does not meet the required setbacks. The required setbacks are as follows: Front yard -25' feet Side yard- 7' feet The proposed garage is 20.5' feet from the front property line, and 4.4' feet from the side property line. The Planning Commission reviewed the request for a variance at their regular meeting on September 51h, 2018. The Planning Commission voted unanimously to recommend that the City Council approve the requested variance to allow for the proposed garage to be constructed as shown on the survey. STAFF RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 2018 -64, as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2018 -64, there being ample copies available to the public. Motion: Move to approve Resolution No. 2018 -64, as presented. 52 City of Columbia Heights - Council Letter ATTACHMENTS: Resolution No. 2018 -64 Planning Report Application Applicant's Narrative Location Map Survey Pictures 53 Page 2 RESOLUTION NO. 2018 -64 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving Variances for the property located at 685 49th Ave. NE. Whereas, a proposal (Case # 2018 -0901) has been submitted by Ivan and Randeelyn Clauson to the City Council requesting variances from the City of Columbia Heights Zoning Code at the following location: ADDRESS: 685 49th Ave. NE. (PID 26- 30 -24 -13 -0004) LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 20.5' feet from the front (east) property line. 2) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 4.4' feet from the side (north) property line. Whereas, the Planning Commission has held a public hearing as required by the City Zoning Code on September 5, 2018; Whereas, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variances upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; 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 (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 20180830—Resolution-685-4 9th Ave 54 City of Columbia Heights - Council Resolution ORDER OF COUNCIL Passed this 101h day of September, 2018 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 55 Page 2 COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION PLANNING REPORT CASE NUMBER: 2018 -0901 DATE: September 5, 2018 TO: Columbia Heights Planning Commission APPLICANT: Ivan and Randeelyn Clauson, Property Owners DEVELOPMENT: New accessory structure on the subject property LOCATION: 68549 th Ave NE REQUEST: Variance to the required front and side yard setbacks PREPARED BY: Elizabeth Hammond, City Planner INTRODUCTION Ivan and Randeelyn Clauson have requested a Variance to the front and side yard setbacks for the subject property. Currently, there is a one car attached garage on the property. The garage is located on the east side of the house, with driveway access provided off 49th Avenue. The current garage is in disrepair and the property owners wish to remove the existing garage and replace it with a new two car attached garage. A survey is attached illustrating the proposal. The front of the house and garage face 49th avenue; there is a provision in the code that defines this as the side yard of the property, even though it functions as the front of the property. Due to this provision the east side of the property is considered the front yard. The provision is as follows: 9.106 (8) (9) For corner lots, the shorter lot line abutting a public street shall be deemed the front lot line for purposes of this article, and the longer lot line abutting a public street shall be deemed a side lot line. In this case, the property's dimensions are 90 feet along 49th Avenue and 88 feet along Monroe Street. Due to this provision, the proposed garage does not meet the required setbacks. The required setbacks are as follows: Front yard -25' feet Side yard- 7' feet The proposed garage is 20.5' feet from the front property line, and 4.4' feet from the side property line. 685 49th Ave NE 56 City of Columbia Heights Planning and Zoning Commission September 5, 2018 Planning Report Page 2 ZONING ORDINANCE The property is located in the R -1 Single Family Residential Zoning District. The properties to the north, south, east and west are zoned R -1, Single Family Residential. COMPREHENSIVE PLAN On the future land use map, the Comprehensive Plan guides this property for low density residential. The proposed garage will enhance the residential use of the property, by providing appropriate vehicular storage. SITE PLAN The owner has submitted a legal certificate of survey dated September 26th, 2017, indicating the proposed location of the garage. The survey shows that the attached garage will be located on the east side of the house and adjacent to the east and north property lines. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a Variance. They are as follows: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. This is correct. Due to the fact that the house is setback on the north side of property, with existing entrances to the house in place, the most logical and practical place for the garage is as proposed. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. The conditions are unique to this property due to the provision in the zoning code, the fact that the parcel is a corner lot, and the existing location of the home. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. 57 City of Columbia Heights Planning and Zoning Commission September 5, 2018 Planning Report Page 3 (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Resolution No. 2018- 64, approving Variances for the property located at 685 49th Avenue NE (Property ID 26- 30 -24- 13- 0004): 1) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 20.5' feet from the front (east) property line. 2) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 4.4' feet from the side (north) property line. ATTACHMENTS Resolution No. 2018 -64 Application Applicant's Narrative Location Map Survey Pictures 58 COLUMBIA (bHEIGHTS Community Development Department 590 40th Ave. NE, Columbia Heights, MN 55421 VARIANCE APPLICATION (RESIDENTIAL) ORDINANCE NO. 9.104 (G) This application is subject to review and acceptance by the City. Applications will be processed only if all required items are submitted. PROPERTY INFORMATION Project Address /Location: 'S 5% e z'Ae - Legal Description: Q2G - 6 > -3 - 600 5' Present use of property Proposed use of property PROPERTY OWNER (As it appears on property titlel: Name: &, C4RasoN ArvD 2AX1do±:CL;tV it �L /acJS0A/ _ Mailing Address: G s -s- Sf F r.-/, R4-6 . r� . City: C401- a,*L61 A / E,( 4�/ f .S State: /WPn7 . Zip: .5` S- V ;R / Daytime Phone: 743 - Si,yi - 0 fO Cell Phone: e-'1,2 - 36-W-5- - :55-9-5— E -mail Address: Signature /Date: APPLICANT: Company Name (please print): Contact Person (please print): Mailing Address: City: State: Zip: Daytime Phone: Cell Phone: Email Address: Signature /Date: Page 1 of 2 59 COLUMBIA (bHEIGHTS REASON FOR REQUEST (Please attach a written narrative describing the Variance being requested. The narrative should fully explain the hardship (s) that justifies variation from the strict application of the Code. The terms "hardship" or "undue hardship" typically refer to physical characteristics of the property, such as shape, soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify a variance. The inability to put property to its highest and best use is not considered a hardship or practical difficulty. The problem that justifies the variance must be caused by conditions unique to the property and beyond the control of the applicant. The applicant cannot create the condition that requires the variance.) FOR OFFICE USE ONLY CASE NO: Z4D l8 - 0101 APPLICATION REC'D BY: • fI DATE APPLICATION RECD: '81-611.8 $250.00 APPLICATION FEE RECD: 42 S RECEIPT NUMBER: eapHo 1 l Revised June 2017 Approved by Planning & Zoning Commission on Approved by City Council on Page 2 of 2 60 , FI-7 /t W1 s it o0 -., `71 rv�4N C[ flvso�/ 61 8/23/2018 Anoka Maps Anoka County, MN ADDRESS STATE ZIP CODE CITY COMMISSIONER DISTRICT PROPERTY ID 685 49TH AVE NE MN 55421 COLUMBIA HEIGHTS JIM KORDIAK 26- 30 -24 -13 -0004 Owner Owner Address Owner City Owner State Owner Zip Code Shape.STArea CLAUSON IVAN 685 49TH AVE NE COLUMBIA HEIGHTS MN 55421 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is Map Scale not a legal document and should not be substituted.ror a title vearch,appraLsal, survey, or for zoning 1 inch = 50 feet wi• i verification. 8/23/2018 62 http: / /gis.anokacountymn.gov /webgis /#ymax= 255492.42358325986;ymin = 143492. 42358325986 ;xmax= 585345.6924073749;xmin= 418679.0257407081 1 /1 CERTIFICATE OF SURVEY (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) FOR Ivan C l auson KURTH SURVEYING, INC. DATE: 4002 JEFFERSON ST. N.E. r Sept. 26, 2017 I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT COLUMBIA HEIGHTS, MN .55421 O = IRON PIPE MONUMENT SET WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION PHQ* {76j) 788 -9759 FAX (763) 788 -7602 a \ AND T T I AM DUL LI N AND SURVEYOR UNDER E— AI'L� ksifkurIbsur►•eyr`rrrgurt.tam. • = IRON PIPE MONUMENT FOU THE Aw r ST�E f MIN TA. X =SPIKE SET ,r 0 20 REV. 8 -7 -18 (prop R A L K th L L S N 20270 - gar) an y . U , o. Russell J. Kurth, L.L.S. No. 16113 SCALE 1N FEET Note: Survey done Por lines and building location only. No other improvements located or shown. 1200 NORTH LINE - LOT 7 — - - ._r j C F -a r F - H a \ Ln F J r , CC) CJ Co f 1 •i LI J ` , 1 J J F _ J 1° 49TH M 35.5 #685 1 -S -F Q 36 90.0 h 30 1 -44 • 9 PROPOIED v } GAR. °.i co CV 12.8 GARAGE 22 20.5 00., / V NUE NE (66' Riw) 3 O z i�J o O M W ll J V J w w 0 z 0 SOUTH LINE - LOT 7 PROPERTY DESCRIPTION (PER COUNTY TAX DEPT.) The north 150 Ft or the south 183 ft of the west 90.0 ft. of the east 120 ft. of Lot 7, AUDITOR'S SUBDIVISION NO. 15 REV., Anoka County, MN, except the north 62 Poet. View from 491h Ave NE 64 View from Monroe Street 65 View from property owner's yard looking towards Monroe Street 66 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8B MEETING DATE Sept 10, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: First reading of Ordinance No. 1651, being an ordinance amending City Code of 2005 relating to zoning and land development, and removing the planning and zoning fee schedule from the zoning code. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Hammond 9/6/18 BY /DATE: °I1-1� CITY STRATEGY: N/A Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? BACKGROUND: Staff is recommending a Zoning Text Amendment, to remove the fee schedule chart currently displayed in City Code, Section 9.104 (c) (5). The Community Development Department oversees the land use planning and zoning functions of the City. There are a number of land use applications that a property owner can file with the City. All land use applications have various application fees which are established by a resolution of the City Council. Periodically, the fees are evaluated and adjusted based on comparable area rates as well as staff time used for processing and evaluating land use requests. The way the Zoning Code is set up currently, when a fee is changed by the City Council, staff must bring an ordinance to the Planning Commission and then to the City Council for approval, as this action is technically amending the literal language (the fee chart) in the code. Alternatively, staff has added language to the code referencing that the Community Development Department will keep a record of the current fees. Removing this chart will ultimately save staff time going forward, and lessens the likelihood that outdated fees are left in the Zoning Code. In addition, it will save money on publication fees associated with ordinance changes. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 1651, as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1651, there being ample copies available to the public. Motion: Move to approve the ordinance on first consideration and set the second reading of Ordinance No. 1651, for September 24th, 2018 at approximately 7:00 p.m. in the City Council Chambers at the Columbia Heights City Hall. ATTACHMENTS: Ordinance No. 1651 67 ORDINANCE NO. 1651 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO ZONING AND LAND DEVELOPMENT, AND REMOVING THE PLANNING AND ZONING FEE SCHEDULE FROM THE ZONING CODE. NOW, THEREFORE, BE IT RESOLVED The City Council (Council) of the City of Columbia Heights, Minnesota (City) does ordain: SECTION 1: §9.104 (c) (5), City Code of 2005, as it currently reads is amended as follows: (5) Application fees. Fees for all applications for development or land use approval shall be a flat rate and established by resolution of the City Council. The city retains the right to require an escrow and additional payment for any out -of- pocket expenses for consultants and professional services and /or to obtain an escrow for cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Payment of all fees is a condition of application approval. .. Sol SECTION 2: Chapter 9.104, (c) (5), City Code of 2005, shall hereafter read as follows, to wit: (5) Application fees. Fees for all applications for development or land use approval shall be a flat rate and established by resolution of the City Council. The city retains the right to require an escrow and additional payment for any out -of- pocket expenses for consultants and professional services and /or to obtain an escrow for cases that are extraordinary in size or 68 complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Payment of all fees is a condition of application approval. The Community Development Department will keep a record of current fees for all land use applications. SECTION 3: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 69 CH COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEM ITEM NO. 9Aa MEETING DATE SEPTEMBER 10, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approval Consideration of Resolution 2018 -65, a Resolution Approving the Entering into of an Agreement and Grant License with Certain Property Owners DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith Dahl, September 5, 2018 BY /DATE:` CITY STRATEGY: #2: Economic Strength Additional Strategy? #1; Safe Community SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: In a collaborative effort between the City of Columbia Heights (the "City ") Police Department (the "CHPD ") and the Columbia Heights Economic Development Authority (the "EDA "), a Fagade Improvement Grant Program (the "Grant Program ") was offered to businesses and commercial property owners along Central Avenue NE. The intent of the Grant Program was to encourage businesses and commercial property owners to revitalize, rehabilitate, and restore their exterior store fronts, but also for the CHPD to provide monitored surveillance along Central Avenue NE with the installation of security cameras at selected grantee locations. The CHPD has reviewed all of the Grant Program applications submitted, and has determined that of the eight (8) grantees selected for fagade improvement funding, five (5) grantees shall have exterior surveillance systems installed. This will require each individual grantee to enter into an Agreement and Grant License (the "License Agreement ") with the City since the CHPD desires to retain ownership of these exterior surveillance systems for the next ten (10) years. The attached License Agreement will effectively allow the CHPD 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 ten (10) years. Currently, the CHPD is in the process of obtaining proposals from security consultants to provide the design and installation services of the exterior surveillance systems at the five (5) selected properties. The selectec properties are as follows: Address 3918 Central Avenue NE, Minnesota 55421 3948 Central Avenue NE, Minnesota 55421 3988 Central Avenue NE, Minnesota 55421 4016 Central Avenue NE, Minnesota 55421 4357 Central Avenue NE, Minnesota 55421 Business Name Northeast Auto Body, Inc. Bad Hombre, LLC Hartley Law Office Rapid Graphics & Mailing, Inc. Chet's Shoes, Inc. [OVER] 70 City of Columbia Heights - Council Letter Page 2 STAFF RECOMMENDATION: Staff recommends approving Resolution 2018 -65 as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2018 -65, there being ample copies available to the public. Motion: Move to adopt Resolution 2018 -65, a resolution of the City Council for the City of Columbia Heights, Minnesota, approving the entering into of that certain Agreement and Grant of License with various property owners. ATTACHMENTS: 1. Resolution 2018 -65 (2 Pages) 2. Agreement and Grant of License (8 Pages) 71 RESOLUTION NO. 2018-65 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE ENTERING INTO OF THAT CERTAIN AGREEMENT AND GRANT OF LICENSE WITH VARIOUS PROPERTY OWNERS. BE IT RESOLVED, by the City Council (the "Council ") for the City of Columbia Heights (the "City ") as follows: WHEREAS, the Columbia Heights Economic Development Authority (the "EDA ") and the City have collaborated to create a certain Fagade Improvement Grant Program (the "Program "); and WHEREAS, pursuant to guidelines established for the Program, the EDA is to award and administer a series of grants to eligible commercial property owners and /or tenants for the purposes of revitalizing existing store fronts, increasing business vitality and economic performance, and decreasing criminal activity along Central Avenue Northeast, in the City's Central Business district; and WHEREAS, pursuant to the Program, the City is to coordinate a surveillance camera monitoring program by placing surveillance cameras on some of the storefronts that are part of the Program for the purposes of improving public safety in and around the Central Business District. NOW THEREFORE, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Council hereby makes the following: FINDINGS OF FACT 1. The Program guidelines have been reviewed and approved by both the City and the EDA and the guidelines are tailored to fulfill the objectives set forth in such guidelines. 2. The Agreement and Grant of License with various property owners (the "License Agreement ") is necessary for the placement, use, and maintenance of the security cameras, as contemplated under the Program guidelines, and the License Agreement, as presented to the Council on the date of this resolution, is in acceptable form, on advice of the City attorney. 3. In order to implement and carry on the Program, City staff will be required to secure the agreement of various property owners to the License Agreement, and City police personnel will be required to carry on the surveillance activities described in the License Agreement. NOW THEREFORE, BE IT RESOLVED, that the Council hereby makes the following: ORDER OF COUNCIL 1. The Council hereby approves the form and substance of the License Agreement, and approves of the City entering into the License Agreement with various property owners, as recommended by City staff in accordance with the Program guidelines. 2. The Council hereby authorizes and directs Donna Schmitt, as Mayor, and Walter Fehst, as City Manager, to execute and deliver each License Agreement on behalf of the City. 72 3. The Council hereby authorizes Donna Schmitt, as Mayor, and Walter Fehst, as City Manager, to take such other action as is necessary on behalf of the City to carry out the purposes of the foregoing resolutions. Passed this 10th day of September, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 73 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: 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 B hereto, together with space inside of the building located on the Property (the "Building ") for the housing of 74 electronic recording equipment, as described or depicted on l;x111bit 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. 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. 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, Expenses and Special Assessments: Owner shall be solely responsible for all real estate taxes, special property assessments, and utility expenses 2 75 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. 6. 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. 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. 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. If to City: City of Columbia Heights Community Development Department 590 40th Avenue N.E. Columbia Heights, MN 55421 If to Owner: Attn: 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 76 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. [Signatures to Appear on Following Page] 77 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 ) ss. COUNTY OF j 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 78 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 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 79 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 80 EXHIBIT B DEPICTION AND /OR DESCRIPTION OF THE LICENSE AREA 81