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Home My WebLink About10-26-2015 Regular MeetingThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October Zb, ZU15 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota, The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 1. LALL 1 V VKUtK 2. ROLL CALL 3. INVOCATION Invocation provided by Sam Snyder, Bethel Christian Fellowship 4. PLEDGE OF ALLEGIANCE 5. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of Brianna Belanger, Children's Librarian 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council pg 4 MOTION: Move to approve the minutes of the City Council meeting of October 12, 2015 B. Accept Board and Commission Meeting Minutes pg 18 MOTION: Move to accept the July 15, 2015 Charter Commission Minutes pg 20 MOTION: Move to accept the Library Board Minutes C. Consideration of approval of attached list of rental housing applications. pg 22 MOTION: Move to approve the items listed for rental housing license applications for October 26, 2015, in that they have met the requirements of the Property Maintenance Code. Mayor f r [] j� CO LM B If Gary L. Peterson 1 CH HEIGHTSRobert Councilmembers A. Williams Bruce Nawrocki City of Columbia Heights Donna Schmitt 590 40th Avenue NE, Columbia Heights, MN 55421 -3878 g (763) 706 -3600 TDD (763) 706 -3692 Cohn M Cr. Visit our website at: www.columbiaheightsmn.gov City Manager Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October Zb, ZU15 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota, The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 1. LALL 1 V VKUtK 2. ROLL CALL 3. INVOCATION Invocation provided by Sam Snyder, Bethel Christian Fellowship 4. PLEDGE OF ALLEGIANCE 5. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of Brianna Belanger, Children's Librarian 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council pg 4 MOTION: Move to approve the minutes of the City Council meeting of October 12, 2015 B. Accept Board and Commission Meeting Minutes pg 18 MOTION: Move to accept the July 15, 2015 Charter Commission Minutes pg 20 MOTION: Move to accept the Library Board Minutes C. Consideration of approval of attached list of rental housing applications. pg 22 MOTION: Move to approve the items listed for rental housing license applications for October 26, 2015, in that they have met the requirements of the Property Maintenance Code. City of Columbia Heights City Council Agenda October 26, 2015 Page 2 D. Adopt Resolution 2015 -87, being a resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2015 budget for Cable Television Fund 225. pg 29 MOTION: Move to waive the reading of Resolution 2015 -87, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -87, being a resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2015 budget for Cable Television Fund 225. E. Adopt Resolution 2015 -88, being a resolution of the City Council for the City of Columbia Heights, Minnesota, amending Resolution 2015 -39 as it pertains to the Facility Supervisor Wage. pg 31 MOTION: Move to waive the reading of Resolution 2015 -88, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -88, being a resolution of the City Council for the City of Columbia Heights, Minnesota, amending Resolution 2015 -39 as it pertains to the Facility Supervisor Wage. F. Approve Business License Applications pg 34 MOTION: Move to approve the items as listed on the business license agenda for October 26, 2015 G. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 36 received the list of claims paid covering check number 158655 through 158830 in the amount of $ 1, 031, 614.19 MOTION: Move to approve the Consent Agenda items. S. PUBLIC HEARINGS A. Consideration of Declaration of a nuisance and abatement of violations within the city of Columbia Heights is requested regarding the property at 160137th Avenue NE for failure to meet the pg 44 requirements of the Residential Maintenance Code. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -84, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -84 being resolution of the City Council of the city of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. B. Consideration of Revocation of the license to operate a rental unit within the city of Columbia Heights is requested against the rental property at 4346 Sixth Street NE. pg 47 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -85 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -85, being resolution 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 license listed. City of Columbia Heights City Council Agenda October 26, 2015 Page 3 C. Resolution 2015 -86 adopting a housing program with respect to a multifamily senior housing pg 50 project; granting preliminary approval for the issuance of multifamily housing revenue bonds to finance the project under Minnesota statutes, chapter 462c, as amended; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -86, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -86, being a resolution adopting a housing program with respect to a multifamily senior housing project; granting preliminary approval for the issuance of multifamily housing revenue bonds to finance the project under Minnesota statutes, chapter 462c, as amended; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 12. ADJOURNMENT d Walt Fehst, City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 12, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY OCTOBER 12, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:08 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn, Jr. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director; Joe Hogeboom, Community Development Director; Elizabeth Holmbeck, Associate Planner; Katie Bruno, City Clerk /Council Secretary 3. INVOCATION Invocation provided by Bill Hugo, St Matthew Lutheran Church 4. PLEDGE OF ALLEGIANCE Recited S. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclaiming October as Polish American Heritage Month in Columbia Heights, MN 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 work session of October 5 2015 MOTION: Move to approve the minutes of the Assessment Hearings from October 5, 2015 MOTION: Move to approve the minutes of the City Council meeting of September 28, 2015 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the draft Planning & Zoning Commission Minutes from October 6, 2015 C. Second Amended and Restated Development Contract for Private Development At Huset Park *Removed for discussion D. Authorization to seek bids for 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer diseased tree and hazardous tree removal program MOTION: Move to authorize staff to seek bids for the 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. E. Approve final compensating change order and final payment for Splash Pad, Project 1512 MOTION: Move to approve the final compensating change order and accept the work for the Huset Park Splash Pad, City Project No. 1512; and to authorize final payment of $ 15,816.50 to Odesa II LLC of Sauk Rapids, Minnesota. F. Final payment for Zone 7 Seal Coat MOTION: Move to accept the work for 2015 Seal Coat, City Project No. 1301 and authorize final payment of $35,285.61 to Allied Blacktop Company of Maple Grove, Minnesota. G. Adopt Resolution 2015 -80 being a resolution ordering preparation of a report for MSAS Overlay MOTION: Move to waive the reading of Resolution 2015 -80, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -80, being a Resolution ordering preparation of a feasibility report for MSAS Overlay, Project 1605. H. Adopt Resolution 2015 -82 being a resolution ordering preparation of a report for Zone 713 Seal Coat MOTION: Move to waive the reading of Resolution 2015 -82, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -82, being a Resolution ordering preparation of a feasibility report for Zone 713 Street Seal Coat Program, Project 1501. I. Adopt Resolution 2015 -79 being a resolution ordering preparation of a report for Zones 2 and 3 Street Rehabilitation MOTION: Move to waive the reading of Resolution 2015 -79, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -79, being a Resolution ordering preparation of a feasibility report for Zones 2 and 3 Street Rehabilitation, Project 1602. J. Accept bids and award contract for Library Fiber Optic *Removed for discussion K. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 12, 2015 L. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 158477 through 158654 in the amount of $659,324.28. Councilmember Nawrocki requested that items C and J be removed from the Consent Agenda for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Consent Agenda items A, B, D, E, F, G, H, 1, K and L. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for discussion: C. Second Amended and Restated Development Contract for Private Development at Huset Park Director of Community Development Joe Hogeboom explained that two contracts are being considered; both related to a development proposal from the Dominium Company. The first contract represents the development; the second contract is related to a remnant piece of land. Both items were presented at a Public Hearing of the Economic Development Authority prior to this evening's council meeting. Dolores Strand -1145 Polk PI NE asked if the development will be market rate housing. Ron Mehl, representing Dominium explained this is a 55 and older work -force affordable housing development. Mayor Peterson commented that this will be a beautiful addition to the city. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2015 -81, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -81, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates 1, LLLP for the "Redeveloper Parcels" at Huset Park Senior Living. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2015 -83, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Resolution 2015 -83, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates 1, LLLP for the "Remnant Parcel" at Huset Park Senior Living. All Ayes, Motion Carried. J. Accept bids and award contract for Library Fiber Optic Director of Public Works Kevin Hansen explained that fiber optic is necessary for connectivity for the new library. Director Hansen explained that three bids were received, and based on those bids, IS and Public Works staff recommend award of contract to Telecom Construction, Inc. in the amount of $24,953. Councilmember Nawrocki questioned the payment source. Director Hansen reported this is part of the new library budget. 6 Motion by Councilmember Williams, seconded by Councilmember Nawrocki to accept bids and award Fiber Optic for the new Library, City Project No. 1410, to Telecom Construction, based upon their low, qualified, responsible bid in the amount of $24,953 from Fund 450 -51410 -5185, and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Resolution approving a Conditional Use Permit for a dynamic LED sign for the property located at 4457 Central Avenue NE Associate Planner Elizabeth Holmbeck gave an overview of the request; explaining that the applicant is requesting to add an LED component above their existing pylon sign. Ms. Holmbeck reported the Planning & Zoning Commission recommend that the City Council approve the request, with a condition added that would prohibit the lighting of the sign after hours. Councilmember Schmitt questioned what happens if a less restrictive sign ordinance is adopted in the future. Holmbeck stated the applicant would be allowed to change to meet the requirements of the amended code, noting any conditions would remain in effect. Councilmember Nawrocki commented that the area is overcrowded with vehicles, and questioned If restrictions with the number of vehicles are in place. Holmbeck explained the code does address vehicles on site, and will do a site visit. Michelle Ferreira, owner of the multi - family complex at 4422 Central Ave NE presented a signed petition in opposition of the request by residents in the immediate area. Councilmember Schmitt commented that this area is in the business district. Mayor Peterson explained that LED signs are popular and necessary for businesses. City Attorney Jim Hoeft explained that because the property is in a business district, the council cannot not permit the request; they can add appropriate conditions however. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and waive the reading of Resolution 2015 -70, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt that the City Council approve a Conditional Use Permit for the property located at 4457 Central Avenue NE. 4 Ayes, 1 Nay, Motion Carried. Ayes, Peterson, Murzyn, Jr., Schmitt and Williams. Nay, Nawrocki. B. Resolution approving a Variance for a sign located at 4457 Central Avenue NE Associate Planner Elizabeth Holmbeck gave an overview of the request; explaining that the applicant is requesting a variance to allow their sign to exceed the maximum allowable square footage by 15 feet. Ms. Holmbeck reported the Planning & Zoning Commission reviewed the request, and recommended the City Council deny the request. Councilmember Schmitt suggested tabling the request, noting staff will be reviewing the City's sign code in the coming months. City Attorney Hoeft clarified that if Council amends the ordinance, the applicant would not be required to wait a specific amount of time before re- submitting their request. Harry Eiss; the applicant reported he would like the LED sign to sit above the current sign for visibility and cost reasons. Community Development Director Joe Hogeboom explained that the Planning & Zoning Commission recommended denial of the variance, noting the applicant could install a LED sign, within the current allowable sign parameters. Councilmember Schmitt suggested the council consider inviting business members to be part of any future discussions regarding the sign code changes. Motion by Councilmember Nawrocki to deny the request. Motion failed for lack of a second. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the public hearing and table the following request: 1. Waiver to Section 9.106 (P) (13) (2)- allowing a pylon sign in the General Business Zoning District to exceed the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed size by 15 sq. ft. 4 Ayes, 1 Nay, Motion Carried. Ayes; Peterson, Murzyn, Jr., Schmitt and Williams. Nay; Nawrocki, C. Resolution approving the Site Plan for a development to be located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE Associate Planner Elizabeth Holmbeck gave an overview of the proposed project, noting that the site is currently comprised of three properties that will need to be re- platted. The project includes a four story, 191 unit senior housing building. The Planning & Zoning Commission reviewed the request at their October 6, 2015 meeting, and unanimously recommended approval. Dolores Strand -1145 Polk PI NE commented that the two proposed elevators may not be adequate. Mr. Mehl explained that two elevators are strategically located, and will serve the building well. Veronica Johnson -Jolly Lane, wanted to be sure there are stop signs at the exit of the building. Director Hogeboom reported a planning contract will be forthcoming, and that will address some of the physical components of the development. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and waive the reading of Resolution 2015 -72, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr., that the City Council approve the Site Plan for a development to be located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. All Ayes, Motion Carried D. Resolution approving a Preliminary and Final Plat for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE Associate Planner Elizabeth Holmbeck reported the developer has withdrawn the final plat request, and is requesting approval for the preliminary plat at this time. The Planning & Zoning Commission reviewed the request at their October 6, 2015 meeting, and unanimously recommended approval. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr., to close the public hearing and waive the reading of Resolution 2015 -65, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr., that the City Council approve a Preliminary for the properties located 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. All Ayes, Motion Carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager City Manager Fehst reported construction at the new library site is on schedule. Coffee with a cop will be Thursday, October 15th at Johnson's Bacon & Egg. Councilmember Nawrocki requested the proposed tax levy be added to the city's cable channel. Mr. Nawrocki also noted the location is missing from the Friends of Library meetings listed on the cable channel. Report of the City Attorney Mr. Hoeft had nothing to report. 11. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. Dolores Strand -1145 Polk PI NE invited the council to attend their Sister Cities meeting scheduled for October 14th at the Public Safety Center. Connie Buesgens- 102144th Ave NE requested he City look at improving the chain link fence running along University Ave near 37th. Director of Public Works Kevin Hansen reported the city is working with MNDOT to see about removing the fence. Mayor Peterson announced "A Taste of Columbia Heights" is scheduled for Friday, November 20th at 6:00 PM. Mayor Peterson announced there will be an information meeting with the Islam Center in Fridley on Saturday October 17th at 6:30 PM. Mayor Peterson reminded all to remember our service men and women, our police and firefighters, and to do a random act of kindness. 12. ADJOURNMENT Meeting adjourned at 8:24 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Resolution No. 2015 -81 A resolution of the City Council for the City of Columbia Heights, Minnesota, RESOLUTION APPROVING SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP 9 BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City ") as follows: Section 1. Recitals, 1.01. The Columbia Heights Economic Development Authority ( "Authority ") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "). 1.02. The Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank ( "BNC ") succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of certain property within the Redevelopment Project in the area known as Huset Park (the "Redevelopment Property "). 1.03. A portion of the Redevelopment Property (the "Redeveloper Parcels ") has not been developed as contemplated in the Original Contract, and BNC has proposed to convey the Redeveloper Parcels to Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper ") and to assign the Original Contract to the Redeveloper as to such Redeveloper Parcels. 1.04. The Authority, the City and the Redeveloper have proposed to enter into a Second Amended and Restated Contract for Private Redevelopment (the "Contract "), setting forth the terms and conditions of redevelopment of the Redeveloper Parcels. 1.05. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Council approves the assignment of the Original Contract to the Redeveloper as to the Redeveloper Parcels. 2.02. The Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.03. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on UN behalf of the City, its obligations thereunder. Resolution No. 2015 -83 A resolution of the City Council for the City of Columbia Heights, Minnesota, RESOLUTION APPROVING SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES II, LLLP BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ( "Authority ") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "). 1.02. The Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank ( "BNC ") succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of certain property within the Redevelopment Project in the area known as Huset Park (the "Redevelopment Property "). 1.03. A portion of the Redevelopment Property (the "Remnant Parcel ") has not been developed as contemplated in the Original Contract, and BNC has proposed to convey the Redeveloper Parcels to Columbia Heights Leased Housing Associates II, LLLP (the "Redeveloper ") and to assign the Original Contract to the Redeveloper as to such Remnant Parcel. 1.04. The Authority, the City and the Redeveloper have proposed to enter into a Second Amended and Restated Contract for Private Redevelopment (the "Contract "), setting forth the terms and conditions of redevelopment of the Remnant Parcel. 1.05. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Council approves the assignment of the Original Contract to the Redeveloper as to the is Remnant Parcel. 2.02. The Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.03. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. 2015 -80 2015 -82 2015 -79 Resolution No. 2015 -70 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015 -1001) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, 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) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 12 (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour -and- minute, date, or temperature information. I A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 13 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 9. The sign can only be lit during business hours. Resolution No. 2015 -72 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1003) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval per Code Section 9.104 (N). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the 14 community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT a. The Site Plan conforms to all applicable requirements of this article. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. c. The Site plan is consistent with any applicable area plan. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Site Plan Approval; and in granting approval the City and the applicant agree that this Site Plan Approval shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 3. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 4. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 5. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council. 6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. 7. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. 8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right -Of -Way, from Naegele Avenue to 37th Avenue NE., conditional on MNDOT permit requirements. 9. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. 10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. 15 11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. 12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. 13. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. 14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. Resolution No. 2015 -65 resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1004) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. 16 (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat Approval; and in granting approval the City and the applicant agree that the Plat shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 17 MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION JULY 16, 2015 7:00 P.M. CITY HALL CONFERENCE ROOM 1 Call to Order President Steve Smith called the meeting to order at 7:00 p.m. Smith suggested adding "Discussion regarding Recording Secretary" under Old Business. Roll Call /Status of Membership Members present: Matt Abel, Ramona Anderson, Lee Bak, James Guy, Roger Johnson, Mike Patiuk, Eric Penniston, Greg Sloat, Steve Smith, Tim Utz Members absent (excused): Charles Tyler, Wes Wiggins Members absent (unexcused): Jeff Diehm, Rob Fiorendino, Carolyn Laine Also in attendance: Council Liaison Bruce Nawrocki, Kelli Bourgeois; HR Director /Assistant to the City Manager, Katie Bruno; City Clerk, serving as Recording Secretary Approval of Agenda Motion by Commissioner Abel, seconded by Commissioner Sloat to approve the agenda with the addition to Old Business as suggested by president Smith. Motion passed unanimously. Approval of Minutes Motion by Commissioner Abel, seconded by Commissioner Penniston to approve the minutes from the April 16, 2015 meeting. Motion passed unanimously. Correspondence Nothing to report. Old Business A. Discussion regarding Recording Secretary. President Smith reported that there has been discussion considering the Secretary of the Commission complete the minutes. Smith suggested the discussion take place at a future meeting, where more members are in attendance. New Business A. Discussion of City Charter, Starting with Franchise, Chapter 10, Sections 93 -101. 18 Kelli Bourgeois reported she has spoken to both the City Attorney and the City's Cable Attorney regarding reviewing the franchise section of the City Charter. Bourgeois suggested the commission consider hiring the City's Cable Attorney to complete the review, as this is his area of expertise. President Smith agreed, saying he too has spoken with the City Attorney, and agrees that having both the Cable Attorney and the City Attorney review franchise section of the charter would be beneficial. President Smith clarified the commission would discuss any changes to Chapter 10 at their October meeting. Any changes would be approved at the January 2016 meeting, and then submitted to the City Council. Commissioner Anderson asked for clarification of the intent of the possible changes, whether they are to be more in line with the state. President Smith stated anticipated changes are likely to be minor, and the city will be careful to continue to exercise their rights as a charter city. Commission Penniston suggested contacting other communities similar to Columbia Heights regarding their practices with franchises. B. Next meeting date October 15, 2015. President Smith reported the commission will continue to review the Charter, chapter by chapter, noting chapter 10 will be reviewed at the October meeting. Next Meeting Date Next meeting scheduled for October 15, 2015 at 7:00 p.m. at City Hall, Conference Room 1. Adjournment Motion by Commissioner Bak, seconded by Commissioner Anderson to adjourn. The meeting was adjourned at 7:20 p.m. Respectively Submitted, Katie Bruno, City Clerk 19 CH I COLUMBIA HEIGHTS Columbia Heights Public Library 820, 40th Avenue NE, Columbia Heights, MN 55421 -2996 • Ph: 763 - 706 -3690 • TDD: 763 - 706 -3692 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved BOARD OF TRUSTEES 10/7/2015 MINUTES September 2, 2015 The meeting was called to order by Chair Patricia Sowada at 6:30 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Catherine Vesley, Barbara Tantanella and Council Liaison Gary Peterson. Also present: Library Director Renee Dougherty and Recording Secretary Renee Rewitzer. The minutes of the August 5, 2015, Board meeting were approved as mailed. The bill list dated 8/5/2015 was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 8/19/2015 was reviewed. It was moved, seconded, and passed that the bills be paid. The September 1, 2015 accounting was reviewed. Old Business: 1. The building site has been cleared of contaminates as required by the Remedial Action Plan, fill has been brought in and the site has been leveled. Veit is assessing existing condition of surrounding buildings before pile driving begins. Steve Smith asked how many pilings will be put in; approximately 241 steel piles will be driven. Dougherty said that city staff will begin working with HGA staff to plan the fixtures, furniture, and equipment for the new library. At this point the following items are covered in the project budget: display case, fireplace, snow - melting systems for the entry sidewalks, and a backup generator. 2. There will be a groundbreaking ceremony for the new library on Monday, September 14, 2015, beginning at 5:30 p.m. at 3939 Central Avenue NE. Mayor Peterson, architect , Paul Neuhaus, Catherine Vesley, and David Larson will speak. Groundbreaking photographs will commence after the speeches. 3. The Library Foundation has discussed an Individual Giving Campaign with recognition tiers of $100 -$499, $500 -$999, $1,000 - $5,000 and $5000 +. HGA and the Foundation will design donor recognition to be placed in the lobby. The design will reserve space for addition of future donors. Steve Smith felt the donations should be larger than $100 for recognition on the wall. 4. The Foundation's spaghetti dinner fundraiser will be held on September 23 from 4:30 to 7:00 p.m. Tickets are $8 for adult and $5 for children. 5. Children's Librarian Bethany Grabow's last day was September 2, 2015. She will work a limited number of hours on a per -hour basis on collection development and storytime in September. Dougherty and Human Resources Director Kelli Bourgeois will interview Children's Librarian applicants during the first week of September. Any Second interviews with finalists are planned for mid - September. Dougherty hopes to have a new Children's Librarian in place by early 20 Columbia Heights Public Library Board of Trustees Minutes September 2, 2015 Page 2 October. The Library Board wished to let Bethany know they will miss her. Peterson requested that Dougherty tell Bethany that the city appreciated her work and will miss her. 6. Dougherty handed out Bethany Grabow's Summer Reading Program report. Dougherty noted that over 3,000 book reviews were submitted by the 721 participants in the program. 47 programs were held at the library with a total of 1,816 attendees. The board noticed that PreK and 5th grade participant were the largest groups. They agreed that reader turnout was fantastic for this year. Vesley wants the report to be made available to the City Council. Dougherty said Grabow also made a power point presentation and that she would be willing to present that to the Council as well. 7. Dougherty distributed the 2016 Maintenance of Effort requirement for the Board's review. New Business: Dougherty presented an outline of a City giving program for donations for the new library and will ask for Board approval at the next meeting. Items from the Floor: 1. Catherine Vesley promoted Banfill -Locke Center for the Arts' Art at Rice Creek scheduled for Sunday, September 13, 2015 from 10 a.m. to 4 p.m. There being no further business, the meeting was adjourned at 7:04 p.m. Respectfully submitted, Renee J. Rewitzer 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. Attachments: Columbia Heights Public Library Summer Reading Program 2015 in Review; Maintenance of Effort; Columbia Heights Public Library Corporate Donation Tiers 21 CHCOLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE OCTOBER 26, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: I Rental Housing Licenses DEPARTMENT: Fire CITY MANAGER'S APPROVAL: A� BY /DATE: Gary Gorman I BY /DATE: 7 /,/ I STAFF RECOMMENDATION: Approval of attached list of rental housing applications. RECOMMENDED MOTION(S): Move to approve the items listed for rental housing license applications October 26, 2015, in that they have met the requirements of the Property Maintenance Code. ATTACHMENTS: List of Rental Licenses to Approve (PDF) 22 Print Rental Licenses to approve COLUMBIA by CC 2p25 FIRE DEFARTMEHT Irms.riffall IN ow DzYZ81am — 825 41st Avenue NE e Columbia Heights, MN 55421 . Inspections 763_706 -8156 a Fax 763 - 706 -8151 o fireinspections @ci.columbia- heights.mn _ us— 10031 3969 RESERVOIR BLVD MNSF Minneapolis 2 LLC — F14824 4064 Colony Rd Ste #420 $ 150.00 Charlotte, NC 28211 10063 4721 5TH ST Froiland, Dane F14869A — 1825 158th Avenue N.W. $ 150.00 Andover, MN 55304 10082 1380 PIERCE TER Johnson, Ben - - - - - -- F14814 9824 Northwood Avenue $ 150.00 Brooklyn Park, MN 55443 10101 3900 CLEVELAND ST 3900 Cleveland, LLC F14813 — — 4908 W. 69th St. $ 150.00 Edina, MN 55435 10114 1214 44TH AVE --------------- Marquette, Joel - -- F14658 4300 Reservoir Blvd. N.E. $ 150.00 Columbia Heights, MN 55421 10136 658 47TH AVE Ostrowski, Brent — F14818 1370 Pike Lake Court $ 150.00 New Brighton, MN 55112 10154 4139 JEFFERSON ST Youdon, Pasang F14746 1310 Rice Creek Road $ 150.00 Fridley, MN 55432 10160 968 42ND AVE CEL Morton LLC F14717 -A 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 10161 3911 ULYSSES ST -- Nelson, Bernie - - - - - -- F14858 1121 177th Lane NE $ 150.00 Ham Lake, MN 55304 10177 4828 5TH ST Froiland, Dane F14869 1825 158th Avenue N.W. $ 150.00 Andover, MN 55304 10204_FCC 3922 ARTHUR ST -------- Williams, Jon - - - - -- F14774 16851 Potomac Street $ 150.00 Columbus, MN 55025 10222 999 41ST AVE Bednarski, Russell F14724 — 2114 - 4th Street NE $ 150.00 Minneapolis, MN 55418 10/20/2015 14:32 23 Page 1 Print Rental Licenses to approve COLUMBIA HEIGHTS by cc Zass FIRE DEPARTMENT SMSPECTI®M DI 'vZ81®M — 825 41st Avenue NE a Columbia Heights, MN 55421 a Inspections 763_706 -8156 R Fax 763 - 706 -81516 fireinspections @ci_Columbia- h eights. mn_us— 10248 1468 LINCOLN TER Abdirisak, Mohamed — F14836 PO Box 21054 $ 150.00 Columbia Heights, MN 55421 10266 4323 WASHINGTON ST Silverstein, Marc - - - - - -- F14560 4701 Hedgemore Dr 500 $ 150.00 Charlotte, NC 28209 10282 4531 POLK ST - -- --------------- Phuntsok, Sonam -- F14723 1946 118th Ave NE $ 150.00 Blaine, MN 55449 10307 4417 VAN BUREN ST Bonete, Daniel — F14929 4924 Tyler St NE $ 150.00 Columbia Heights, MN 55421 10337 1637 37TH AVE ---- - - - Schmidt, Hans - -- - - - - - -- i F14883 3845 Johnson St $ 150.00 Columbia Heights, MN 55421 10359 4711 CHATHAM RD --------------- Nolan, Brian - -- F14865 — 6931 137th Lane NW $ 150.00 --------------------------------------- Ramsey, MN 55303 10391 1000 41ST AVE GSB, Properties, LLC F14810 1775 Selby Ave. #1 $ 150.00 St. Paul, MN 55104 10449 132145 1/2 AVE — — — — — — — Gebre, Tedros F14845 1313 42 1/2 Avenue NE $ 150.00 Columbia Heights, MN 55421 10500 4328 MCLEOD ST ---------------- Leet, Corey - - - - -- F14875 819 89th Ave NW $ 150.00 Coon Rapids, MN 55433 10501 678 40TH AVE — — — — — — — — Corbin, Sara — — - - - -- --- - - - - -- F14891 7900 Aster Drive $ 150.00 Brooklyn Park, MN 55428 10503 4020 QUINCYST -- - - - - -- Yang, Yongzhi — F14892 4700 Narcissus Lane N $ 150.00 Plymouth, MN 55446 10504 4652 5TH ST - - - - -- - - -- Cordova, Clever F14895 1326 43 1/2 Ave NE $ 150.00 Columbia Heights, MN 55421 10/20/2015 14:32 24 Page 2 ? Print Rental Licenses to approve HEIGHTS COLUMBIA by CC 2015 FIRE DEFARTMEHT zMapsay8®m D1%,rZ$lam 825 41st Avenue NE a Columbia Heights, MN 55421 a Inspections 763_706 -8156 e Fax 763 - 706 -8151 v fireinspections @ci_ columbia _heights.mn,us_ 10505 3932 POLK ST Carlson, Brian F14906 3932 POLK ST NE $ 150.00 Columbia Heights, MN 55421 12009_FCC 1272 CIRCLE TER BLVD Ahmed, Sarfaraz (Haji) 14618 u 1274 CIRCLE TERRACE BLVD NE $ 150.00 Columbia Heights, MN 55421 12022 1241 CIRCLE TER BLVD Sjurseth, Lance F14840 1241 Circle Ter Blvd $ 150.00 Columbia Heights, MN 55421 12028 4323 3RD ST Moncada, Luis F14862 4323 3rd Street N.E. Upper $ 150.00 Columbia Heights, MN 55421 12029 4048 MADISON ST Carstensen, Kathryn F14864 4048 Madison Street $ 150.00 Columbia Heights, MN 55421 12030 1124 45TH AVE Lema, Luis F14804 1126 45th Ave $ 150.00 Columbia Heights, MN 55421 12036 1401 PARKVIEW LN Bunay, Juan F14775 6425 Ashton Ave $ 150.00 Fridley, MN 55432 12040 1161 CHEERY LN Ogunleye, Ayodele F14930 1163 Cheery Ln $ 150.00 Columbia Heights, MN 55421 15090 4546 5TH ST Huss, Michael F14886 121 20th Avenue SW $ 150.00 New Brighton, MN 55112 20087 4357 7TH ST Unke- Hanson, Janene F14669 18717th Ave SW $ 150.00 New Brighton, MN 55112 20101 1203 CHEERY LN Schaff, Nelia F14849 1551 Woodside Court $ 150.00 Fridley, MN 55432 20111 4028 CLEVELAND ST Christ, Dennis F14698 10984 228th St N $ 150.00 Scandia, MN 55073 10/20/2015 14:32 25 Page 3 Print Rental Licenses to approve COLUMBIA HEIGHTS by CC 2015 FIRE DEFARTMEKT 825 41st Avenue NE s Columbia Heights, MN 55421 ® Inspections 763 - 706 -8156 • Fax 763- 706 -8151 a fireinspections @ci.columbia- heights,mn,us 20122 840 50TH AVE Tohey, Joesph F14877 544 Summit Street NE $ 150.00 Columbia Heights, MN 55421 20128 62151ST AVE Busse, Daniel F14927 P 0 Box 18672 $ 150.00 Minneapolis, MN 55418 20137 4008 CLEVELAND ST Brownrigg, Thomas F14885 1911 Longview Drive $ 150.00 -------------------------------------------------- New Brighton, MN 55112 20177 4533 WASHINGTON ST Miller, William F14045A 14628 18th Ave Southwest $ 150.00 Seattle, WA 98166 20181 4654 WASHINGTON ST Anderson, Will F14706 6230 10th St. N. #430 $ 150.00 Oakdale, MN 55128 20198 4530 WASHINGTON ST Swanson, Jeff F14874 9705 289th Ave NW $ 150.00 Zimmerman, MN 55398 20217 1109 42 1/2 AVE Lund, James F14663 14035 Hillsboro Court $ 150.00 Savage, MN 55378 20227 1807 41ST AVE Caputo, Steven F14320 1413 Salinas PI $ 150.00 Santa Barbara, CA 93103 20254 1349 CIRCLE TER BLVD Crystal Corporation F14585 8343 Tillett Loop $ 150.00 Manassa, VA 20110 -8312 20256 1415 PARKVIEW LN Peickert- Arndt, Candace F14863 327 Center Street P. 0. Box 13 $ 150.00 Clinton, MN 56225 30013 4046 CENTRAL AVE Abdi, Amima F14809 10102 Florida Circle North $ 160.00 Brooklyn Park, MN 55445 30015 -NC 3947 TYLER ST Anderson, Eric F14870 3425 Coolidge St NE $ 150.00 St. Anthony, MN 55418 10/20/2015 14:32 - - - - -26 — — — - Page 4 Print Rental Licenses to approve COLUMBIA by Cc 2®15 FIRE DEFARTMEHT X »sriffe'r i ew D l VZ IB Z DM 825 41st Avenue NE r Columbia Heights, MN 55421 Onspections 763-706-8156o Fax 763-706-8151* fireinspections @ci.columbia- heights . mn.us 30019 4060 4TH ST Lynde Investment Company, LLP F14609G PO Box 16501 $ 248.00 Minneapolis, MN 55416 30023 4226 4TH ST Cruz, Victor F14799 1920 South 1st Street #103 $ 160.00 Minneapolis, MN 55454 30058 -NC 600 51ST AVE Chester, Tony F14893 1300 Skywood Court N.E. $ 160.00 Fridley, MN 55421 30077 4550 MADISON ST Owens, Robert F14763 1790 Tipton Circle $ 160.00 Elk River, MN 55330 30078 4556 MADISON ST Sebour, Kerry F14841 ` 18138 Lake Forest Circle $ 160.00 Lakeville, MN 55044 30102 4640 POLK ST Sekizovic, Maumer F14857 PO Box 21314 $ 188.00 Columbia Heights, MN 55421 30108 3746 STINSON BLVD Modell, Paul F14741 -A 3441 Shore Drive $ 356.00 Excelsior, MN 55331 30148 4657 TYLER ST Schuster, John F14553 9928 Lawson Lane $ 160.00 Eden Prairie, MN 55347 30154 4341 TYLER PL Chohan,Raees F14829 7298 Hwy 65 $ 160.00 Fridley, MN 55432 30155 3849 CENTRAL AVE F.C. Celtic LLC. F14500 3853 Central Avenue $ 150.00 Columbia Heights, MN 55421 30175 3806 STINSON BLVD Bryant, LLC F14704 5065 Johnson Street N.E. $ 356.00 Columbia Heights, MN 55421 30177 3816 STINSON BLVD Bryant, LLC F14703 `— 5065 Johnson Street N.E. $ 356.00 Columbia Heights, MN 55421 10/20/2015 14:32 27 Page 5 i Print Rental Licenses to approve COLUMBIA by CC 2015 FIRE DEFARTMEHT sipiffarlam 825 41st Avenue NE a Columbia Heights, MN 55421 * Inspections 763 -706 -8156 o! Fax 763 - 706 -8151. fireinspections @ci.columbia- heights.mn.us 30179 3826 STINSON BLVD Klum, Cynthia F14734 1314 W. Royal Oaks Dr. $ 356.00 Shoreview, MN 55126 34010 -NC 1731 37TH AVE Hassan, Badrul F14532 3743 Lakeland Ave N. $ 150.00 Robbinsdale, MN 55422 Total # of Licenses: 62 10/20/2015 14:32 28 Page 6 COLUMBIA HEIGHTS AGENDA SECTION Consent ITEM NO. 7D MEETING DATE October 26, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Resolution 2015 -87; 2015 Cable Budget Amendment DEPARTMENT: Administration CITY MANAGER'S APPROVAL: �� , zV BY /DATE: Kelli Bourgeois, October 21, 2015 BY /DATE: BACKGROUND: Staff is requesting an amendment to the 2015 Cable Budget to increase the revenues and expenditures by $22,500. The $22,500 was revenue received from Comcast and CenturyLink, $15,000 and $7,500 respectively. The Comcast revenue was negotiated as part of the settlement agreement to pay for legal and administration fees. The revenue from CenturyLink came as the franchise application fee to the City to allow them to begin negotiations with staff, including our consulting legal counsel, for a new cable franchise within Columbia Heights. The City has and will continue to incur legal and administrative costs in managing the Comcast settlement agreement /franchise extension. The City will also continue to incur legal and administrative costs in negotiating the CenturyLink franchise agreement which we expect to bring to the City Council within the next couple of months for consideration. Attached please find Resolution 2015 -87 which would amend the 2015 Cable budget providing for an increase of $22,500 in both revenue and expenditures. RECOMMENDED MOTION(S): Move to waive the reading of the resolution, there being ample copies available to the public. Move to adopt Resolution 2015 -87, being a resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2015 budget for Cable Television Fund 225. ATTACHMENTS: Resolution 2015 -87 29 2015 Cable Budget Amendment RESOLUTION NO. 2015 -87 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2015 budget for Cable Television Fund 225. Whereas, on December 8th 2014, the City Council adopted an initial 2015 budget for Cable Television Fund 225 by resolution 2014- 91; and Whereas, the City as franchisor, subsequently negotiated and collected a total of $22,500 in additional 2015 revenue from two cable television franchisees to fund legal costs of the City attributable to administrative actions requested by the franchisees; and Whereas, the expenditure of this additional revenue was not included in initial 2015 budget; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2015 budget for Cable Television Fund 225 is amended for an increase of $22,500 in both revenue and expenditures. Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 30 CH COLUMBIA HEIGHTS AGENDA SECTION Consent ITEM NO. 7E MEETING DATE October 26, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Resolution 2015 -88; Wage Adjustment for Facility Supervisor Position DEPARTMENT: Administration CITY MANAGER'S APPROVAL: / BY /DATE: Kelh Bourgeois, October 21, 2015 BY /DATE: r ZL /oz BACKGROUND: On May 11, 2015, the City Council approved Resolution 2015 -39 establishing wages for seasonal /temporary recreation and other positions including the position of Facility Supervisor. At that meeting Councilmember Schmitt questioned the wage of the Facility Supervisor asking if we should increase that wage because we were having a hard time filling those part time positions. At that time staff was hopeful with the increase in minimum wage to $9.00 an hour we would get more applicants and would not have to increase the wage. Unfortunately, that has not occurred and we are now in a position where we are having to close the Highlander Center during certain hours because we do not have staff to work the shifts. We are proposing to increase the hourly rate to closely match that of the Warm House Lead Attendant as that seems to be a close match regarding duties and level of responsibility. The wage schedule for the Facility Supervisor is proposed as follows: ENTRY 6 MONTH 1 YEAR 2 YEARS $11.81 $12.08 $12.35 $12.76 3 YEARS 4 YEARS $13.16 $13.57 RECOMMENDED MOTION(S): Move to waive the reading of the resolution, there being ample copies available to the public. Move to adopt Resolution 2015 -88, being a resolution of the City Council for the City of Columbia Heights, Minnesota, amending Schedule III of Resolution 2015 -39, Facility Supervisor wage rate. ATTACHMENTS: Resolution 2015 -39 Schedule III Resolution 2015 -88 31 2015 Facility Supervisor wage Adjustment 2015 RECREATION SEASONALS SCHEDULE III Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the Employer POSITION ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS 4 YEARS Summer Playground Asst. $9.00 $9,20 $9.41 $9.72 $10.03 $10.34 After School Instructor $9.00 $9.20 $9.41 $9.72 $10.03 $10.34 Trip Chaperone $9.00 $9.20 $9.41 $9,72 $10.03 $10.34 Facility Supervisor $9.00 $9.20 $9.41 $9,72 $10.03 $10.34 Baseball Umpire -House League (Youth) $20 1game - Traveling (Plate) $45 /game - Traveling (Base) $40 /game Soccer Officials (Youth) $25 1game Softball Umpires (Youth) -Youth Slow Pitch $20 /game -Youth Fast Pitch $30 /game Basketball Officials (Youth) - House League $20 /game - Traveling $30 /game Football Officials (Youth) $40 /game Adult Athletics $30 /game Umpire/Officials (Softball, Basketball, Volleyball, & Football) Scorekeeper (per game) $9.00 $9.20 $9.41 $9,72 $10.03 $10.34 Performing Arts Instructor $10.49 $10.74 $10.98 $11,23 $11.97 $12.34 (Gymnastics, Cheerleading, and Ballet) Summer Playground Supervisor $10.49 $10.74 $10.98 $11.23 $11.97 $12.34 Trip Supervisor $10,49 $10.74 $10.98 $11.23 $11,97 $12.34 Program instructor (Market rate -- contingent upon approval of the Recreation Director and the Assistant to the City Manager.) "caching Stipend $200 /season Effective June 1, 2015 70 32 * ** REVISED * ** RESOLUTION NO. 2015 -88 resolution of the City Council for the City of Columbia Heights, Minnesota, amending Schedule III of Resolution 2015 -39, Facility Supervisor wage rate. Whereas, on May 11, 2015, the City Council approved Resolution 2015 -39 establishing wages for seasonal /temporary recreation and other positions including the position of Facility Supervisor; and Whereas, the City has been trying to fill vacant part time Facility Supervisor positions since February, 2015 and has not received adequate applications for the positions; and Whereas, the lack of staffing has caused the City to have to reduce open gym hours at the Highlander Center. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that Schedule III of Resolution 2015 -39 is hereby amended to establish the wage range for the Facility Supervisor as follows effective November 1, 2015: ENTRY 6 MONTH 1 YEAR 2 YEARS 3 YEARS 4 YEARS $12.41 $13.03 $13.65 $14.27 $14.89 $15.51 Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7F MEETING DATE OCTOBER 26, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S PP OVAL: BY /Date: October 21, 2015 BY /Date: %S FA BACKGROUND /ANALYSIS Attached is the business license agenda for the October 26, 2015 Council meeting. This agenda consists of applications for 2015 & 2016 Contractor Licenses, the Wine /Beer License for Chipolte for 2015 & 2016, and other various 2016 Business Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 26, 2015 as presented. 34 Oct 26, 2015 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL October 26, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG *QNS Services Inc 2237 Windsor Lk Dr, Minnetonka $60 Elite Contractors Inc 3160 162nd Lane NW, Andover $60 Northface Construction 6280218 1h Ave NW, Elk River $60 2015 -2016 Fischer Co. Inc N5802 Co Rd O, Ellsworth, WI $60 *Heritage Construction 10908 171St Ave, Elk River $60 *Midstate Landscape /Excav 1625 Widgeon Cir, Lakeville $60 *ASAP Underground 2355 Fairview Ave, Roseville $60 FUEL DISPENSING LICENSE -2016 *Holiday Station 4259 Central Ave $380 WINE /BEER LICENSE 2015 -2016 *Chipolte 5200 Central Ave, Col. Hts. $2,367 Incl patio area CIGARETTE LICENSE *Superette Foods 4635 Central Ave $300 *Holiday Station 4259 Central Ave $300 35 Page 2 LO r O N cfl N m O -J LL Cl) L1 L.Li C J U z Z) O r-1 C) N N � v � O UFO Q ,O �./ / LU z _z c C LL O LU F- U) R O z Q LL O H z D O 2 CD El M2 CW G J O U LL O H U Y U W L U O c a) O U a Q E U O U) a) a a) Q) a) L cn i U c O U U a) s a ti N _N a) O M U) M O U) m c C w m U c M O U U M > O ►-4 O 0 2 0 M O b4 y— O w C O O E ca N L c 0 M 00 O LO .c cm O L co r a) c a a) a C a) E E O U a) L L a) L ca a c ca Cli 0 LU _Q cm C J O U LL O } H U a) t c cu rn ca U m O t U ca O m m O a C O _O a c ca a a) c tE ca X a) ^c W .Q U O U a) cu a) a L H o m cry M G) w # # # # # p 0 # # xF� # # C7 a # # H a # # a # # # H # # cq r # a N # # a r # # a ° > + U �+ I # # Ga U) a # # H O 0 0 0 # # a Lnv # # U o Ln Fq F4 r # N H 0 # # w io U # # o G # # M i O 0 # # U W a # z o # # H Ln # # # # # # H H H + # co a # # # # x a * sa �4 si a u u u �-1 u sa sa H sa # # a +� +J +) +� a, +) u � .v +J v � +� +J w * 0000* v Ln z roc) a 0 R # `) u -K zzzz# 0 00 O # # U Ln 0 x # zzzz# Ln °N # # H x x U # # # FC�FCFC# o N } w # # \ w U # W W W W# N C a # \ ro # + o w aaaa# a # # �4 # uro # # w 0 # # # +## r w # # # # C 0 m w -H o a) W # # + w 0 w 040 w H 0 # # E +� m U a) U # # C N N +-J q H > C H +1 W 0 < # # o of I u sa N p +J a) \ 4j a) z H U N # # # # a) w x 0 c)U a) 1J +J w • • N (0 4j 0. a) U r 2 zH # w a) gCC 0 •Uro xo �5 rho # # m o� rouww ...a) roQ ww �wroa z N # # ro H 0 H H z V - a) N P w •ZJ a) u) H\ wN # # +3 C c) ut w ro (0 U N U (d w n a) 10 a) C b # # �4 0 a x U G qx a) 0 rix ro s, �3+j HRa N # # 0 -ri a TS U �i G N U -n 'O 0 U x U w as —i ro 0 to \ * # a V U S~ w O�5 1 w 0 G' > H C� H a) U a) G h U o # # w 04 z C 0 0 0 C SI w C,� (O 0 w H C u �j < H - # # # # # !x 0 H Ga U U) i7 h U a > H a, M > w U H U !x (n H w x w H FC LO a u D r aN O U r O G4 > O 1 a >+ 0 H IT H N Ua 0 U z H H m H a SH H 0 U +J 2 U) D .,q O x U X In U � N O 4 N U\ N \ O H H w der m 0 0 0 0 w 0 310 v O m m O m r c N O O r O N O N m M In O Ln r m O M m m HOmN N 0) dl �o m 0) to N Ln - N C In O 61 o) CJ O to m 0 r o) l0 to v, O N In m O M m w O m O m M N m CJ m W O r M M 01 z O m m In Ln w N to r m to H O H M O N, O N. 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RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution Number 2015 -84, there being ample copies available to the public. Move to adopt Resolution Number 2015 -84, being resolution of the City Council of the city of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. ATTACHMENTS: 2015 -84— Council Resolution — Declaration of Nuisance of 16013 7th Avenue NE 44 RESOLUTION NO. 2015 -84 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 David Roberts (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1601 37th Avenue NE, 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 August 3, 2015. 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 July 30, 2015, 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 September 1, 2015, 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 September 23, 2015, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following condition 5. ns and violations of City Codes(s) were found to exist, to wit: A. Shall fix peeling paint around windows, trim, fascia, and sign out front. B. Shall repair /replace deteriorated paved area on west side of property. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1601 37th Avenue NE 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. 45 City of Columbia Heights - Council Resolution ORDER OF COUNCIL The property located at 160137th Avenue NE 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. Passed this 26th day of October, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Erl Page 2 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8B MEETING DATE OCTOBER 26, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Adopt Resolution for Revocation DEPARTMENT: Fire CITY MANAGER'S APPROVAL: ;, 11Z BY /DATE: Gary Gorman BY /DATE: e /9 A –5-- / V STAFF RECOMMENDATION: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at: 2015 -85- -4346 Sixth Street NE E for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution Numbers 2015 -85, being ample copies available to the public. Move to adopt Resolution Numbers 2015 -85, being a Resolution 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. ATTACHMENTS: 2015 -85— Council Resolution — Rental Reinspection fee not Paid -4346 Sixth Street NE 47 RESOLUTION NO. 2015 -85 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 residential rental license held by Sunday Olayinka (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4346 Sixth 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 September 21, 2015 of a public hearing to be held on October 26, 2015. 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 11, 2015, 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 September 14, 2015, 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 October 7, 2015, inspectors re- inspected the property and found that violations were finally corrected, and the License Holder was informed that a $100 reinspection fee was due. 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. License Holder failed to pay reinspection fee. 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). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F14901 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. 48 City of Columbia Heights - Council Resolution Passed this 26th day of October, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 49 Page 2 CH COLUMBIA HEIGHTS AGENDA SECTION ITEMS FOR CONSIDERATION ITEM NO. 8C MEETING DATE OCTOBER 26, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2015 -86 ADOPTING A HOUSING PROGRAM WITH RESPECT TO A MULTIFAMILY SENIOR HOUSING PROJECT; GRANTING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; AND AUTHORIZING THE REIMBURSEMENT OF EXPENDITURES MADE IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS DEPARTMENT: Finance CITY MANAGER'S APPROVAL: , BY /DATE: Joseph Kloiber /October 22, 2015 BY /DATE: BACKGROUND: As one element of a larger multi- faceted redevelopment agreement for the Huset Park area, the redeveloper, Dominium, has requested that the City assist them with certain project financing by issuing conduit revenue bonds on their behalf for this project. Bonds of this type are not an obligation of the City or its taxpayers. Only project revenues of the developer would be pledged for repayment of the bonds. In the unlikely event the developer would default on the bonds, that default would not impact the City's bond credit rating. Historically, the City has provided bond financing tools to various other private redevelopments. Past example projects include the Sullivan Shores townhomes, Crestview senior care facilities, and the Columbia Park Clinic. One aspect of these proposed bonds is slightly different than the financing tools used in the past. For this particular type of bond, this City must first submit a related housing program to the Met Council and then request an allocation of multi - family housing bond authority from the State of Minnesota, before issuing the bonds on behalf of the redeveloper. Similar to the Sullivan Shores, Crestview and Columbia Park projects, the, agreement(s) associated with the proposed bonds require the redeveloper to reimburse the City for the costs to issue the bonds and to pay the City an administrative fee. The attached resolution provides the initial authority for the bonds and the related housing program. The necessary public hearing notice has been published in the Sun Focus. After receiving the state allocation of bonding authority and a proposed offer for the bonds, a second resolution will be presented to the Council at the November 9t" council meeting to complete the financing process for this conduit debt. Lastly, just to clarify, we note that these proposed bonds are a separate tool from the existing TIF revenue bonds issued in 2007 for the public improvements made to the Huset park area. The 2007 bonds are paid solely from TIF taxes. Whereas, the proposed bonds would be paid solely from the rental income the redeveloper will receive from the new senior apartments to be constructed under the project, similar to a mortgage. CouncilLetter Res2015 86 Domimium2015ConduitDebt.docx 50 City of Columbia Heights - Council Letter Page 2 STAFF RECOMMENDATION: Staff recommends approval of the attached bond resolution and related housing program. RECOMMENDED MOTION(S): MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -86, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -86, being a resolution adopting a housing program with respect to a multifamily senior housing project; granting preliminary approval for the issuance of multifamily housing revenue bonds to finance the project under Minnesota statutes, chapter 462c, as amended; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. ATTACHMENTS: Resolution 2015 -86 Huset Park Housing Program 51 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION 2015 -86 ADOPTING A HOUSING PROGRAM WITH RESPECT TO A MULTIFAMILY SENIOR HOUSING PROJECT; GRANTING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; AND AUTHORIZING THE REIMBURSEMENT OF EXPENDITURES MADE IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota (the "City "), as follows: Section 1. Recitals. 1.01. The City is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota. 1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Housing Act "), the City is authorized to carry out the public purposes described in the Housing Act by providing for the issuance of revenue bonds or other obligations to finance or refinance multifamily housing developments, including multifamily senior housing developments, located within the City. As a condition to the issuance of revenue bonds under the Housing Act, the City must adopt a housing program providing the information required by Section 462C.03, subdivision 1 a of the Housing Act (the "Housing Program "). A public hearing must be held in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), and regulations promulgated thereunder (the "Regulations "), and the requirements of the Housing Act. The City Council of the City (the "Council ") must also grant preliminary approval to the issuance of revenue bonds to finance the multifamily senior housing development referred to in the Housing Program, and authorize the submission of an application to Minnesota Management & Budget for an allocation of bonding authority with respect to the Bonds (as hereinafter defined) to finance the Project (as hereinafter defined). 1.03. Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the `Borrower "), has proposed that the City, pursuant to the Housing Act, issue its revenue bonds in an aggregate principal amount not to exceed $32,000,000, in one or more series (the "Bonds "), the proceeds of which will be loaned by the City to the Borrower. The Borrower will apply the proceeds of such loan to: (i) the acquisition, construction, and equipping of a multifamily senior housing facility comprised of 191 affordable independent - living rental apartments to be located in a four -story building, together with related common amenity spaces over one floor of underground parking, including a party room, theatre, fitness center, cards /crafts room, salon, library and a landscaped patio, to be located at 3700 5"' Street NE in the City (the "Project "); (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of interest on the Bonds during the construction of the Project; and (iv) the payment of the costs of issuing the Bonds. 1.04. Under Section 147(f) of the Code, prior to the issuance of the Bonds a public hearing duly noticed must be held by the Council. Under Section 462C.04, subdivision 2 of the Act, a public hearing must be held on each housing program after one publication of notice in a newspaper circulating generally in the City, at least fifteen days before the hearing. 52 1.05. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act "). Section 2. Preliminary Findings. Based on representations made by the Borrower to the City to date, the Council hereby snakes the following preliminary findings, determinations, and declarations: (a) The Project consists of a housing development designed and intended to be used for rental occupancy. (b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be applied to: (i) the acquisition, construction, and equipping of the Project; (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of interest on the Bonds during the construction of the Project; and (iv) the payment of the costs of issuing the Bonds. The City will enter into a loan agreement (or other revenue agreement) with the Borrower requiring loan repayments from the Borrower in amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining and insuring the Project, including taxes thereon. (c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, construction, and equipping of the Project and related costs, the City's purpose is and the effect thereof will be to promote the public welfare of the City and its residents by retaining and improving multifamily housing developments and otherwise furthering the purposes and policies of the Housing Act. (d) The Bonds will be limited obligations of the City payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 4. Public Hearing. On October 26, 2015, the City conducted a public hearing on the Housing Program, the Project, and the issuance of revenue obligations by the City, notice of which hearing (the "Public Notice ") was published as required by Minnesota Statutes, Section 462C.04, subdivision 2 of the Housing Act, and as required by Section 147(0 of the Code and applicable Regulations promulgated thereunder. The Public Notice provided a general, functional description of the Project, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the Project, and the location of the Project. The Public Notice was published in the Sun Focus, the official newspaper and a newspaper circulating generally in the City, on October 9, 2015, a date at least 15 days before the meeting of the Council on October 26, 2015. At the public hearing a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of revenue obligations. Section 5. Housing Program. Bond counsel, as described below, prepared and submitted to the City a draft Housing Program to authorize the issuance by the City of up to $32,000,000 in revenue bonds to finance the acquisition, construction, and equipping of the Project by the Borrower The Housing Program was prepared and submitted to the Metropolitan Council for its review on or before the date of publication of the Public Notice. Section 6. PreliminaryApproval. The Council hereby provides preliminary approval to the issuance of the Bonds in the approximate aggregate principal amount of $32,000,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) review of 53 the Housing Program by the Metropolitan Council; (ii) receipt of an allocation of the bonding authority from the State of Minnesota; (iii) final approval following the preparation of bond documents; and (iv) final detennination by the Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City. Section 7. Submission of an Application for an Allocation of Bonding Authority. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of the Allocation Act. The Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City, the City Manager, and Kennedy & Graven, Chartered, acting as bond counsel of the City with respect to the Project and the Bonds, are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority to Minnesota Management & Budget. Section 8. Reimbursement of Costs under the Code. 8.1. The United States Department of the Treasury promulgated by Section 1.150 -2 of the Regulations, which governs the use of the proceeds of tax - exempt bonds, all or a portion of which are to be used to reimburse the City or the Borrower for project expenditures paid prior to the date of issuance of such bonds. Section 1.150 -2 of the Regulations requires that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty (60) days after payment of the original expenditure. Section 1.150 -2 of the Regulations also generally requires that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen (18) months after the later of (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three (3) years after the date the expenditure is paid. The Regulations generally pen-nit reimbursement of capital expenditures and costs of issuance of the bonds. 8.2. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Regulations and also qualifying expenditures under the Housing Act. Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150- 20)(2)(1)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150- 2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150- 2(f)(1) of the Regulations), no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Borrower more than sixty (60) days before the date of adoption of this resolution of the City. 8.3. Based on representations by the Borrower, as of the date hereof, there are no funds of the Borrower reserved, allocated on a long tern -basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long -tern basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof. 54 Section 9. Costs. The Borrower will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued. Section 10. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result of information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public interest or is inconsistent with the purposes of the Housing Act, the City reserves the right to decline to give final approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Bonds should the Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terns and conditions of any of the documents for the transaction. passage. Section 11. Effective Date. This Resolution shall be in full force and effect from and after its (The remainder of this page is intentionally left blank.) 4 55 Adopted: October 26, 2015. Gary Peterson, Mayor ATTEST: Katie Bruno, City Clerk 56 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Columbia Heights, Minnesota (the "City "), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on October 26, 2015, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to adopting a housing program, preliminarily granting approval for the issuance by the City of multifamily housing revenue bonds to finance a multifamily senior housing project, and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. WITNESS My hand as Clerk and the corporate seal of the City this day of , 2015. City Clerk City of Columbia Heights, Minnesota CL162 -052 (SEL) 469532v.1 57 CITY OF COLUMBIA HEIGHTS, MINNESOTA PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT Columbia Heights Apartments Columbia Heights Leased Housing Associates I, LLLP Proposal; Authority. Pursuant to Minnesota Statutes, Chapter 462C (the "Act "), the City of Columbia Heights, Minnesota (the "City "), is authorized to develop and administer programs to finance multifamily senior housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07, provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has received a proposal from Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Borrower" or the "Company ") that the City: (i) issue conduit revenue bonds or other obligations (the "Bonds "), in the principal amount of approximately $32,000,000, and loan the proceeds derived from the sale of the Bonds to make a loan to the Company; and (ii) adopt housing program with respect to the Bonds. The Company proposes to use the proceeds of such loan to finance the acquisition, construction, and equipping of a multifamily senior housing facility comprised of 191 affordable independent - living rental apartments to be located in a four -story building, together with related common amenity spaces over one floor of underground parking, including a party room, theatre, fitness center, cards /crafts room, salon, library and a landscaped patio, to be located at 3700 5t" Street NE in the City (the "Project "). It is expected that a portion of the dwelling units of the Project will be subject to occupancy limits imposed by federal income tax law and regulations such that only persons and families within designated income limits will be pennitted to occupy such units. The City, in establishing this multifamily housing program (the "Program "), has considered the information contained in the City's comprehensive plan. The Project will be acquired and constructed in accordance with the requirements of Subdivisions 1 and 2 of Section 462C.05 of the Act. Section A. Definitions. The following terns used in this Program shall have the following meanings, respectively: "Act" shall mean Minnesota Statutes, Chapter 4620, as currently in effect and as the same may be from time to time amended. "Bonds" shall mean one or more series of conduit revenue bonds or other obligations to be issued by the City, in the principal amount of approximately $32,000,000. "Borrower" shall mean the Company. "City" shall mean the City of Columbia Heights, Minnesota. "Company" shall mean Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership, or another affiliated entity to be formed. "Housing Unit" shall mean any one of the dwelling units financed with the Bonds, each located in the Project, occupied by one person or family, and containing complete living facilities. "Land" shall mean the real property upon which the Project is situated. 468908v2 SEL CL162 -52 58 "Program" shall mean this housing program for the financing of the Project pursuant to the Act. "Project" shall mean the multifamily senior housing facility comprised of 191 affordable independent - living rental apartments to be located in a four -story building, together with related common amenity spaces over one floor of underground parking, including a party room, theatre, fitness center, cards /crafts room, salon, library and a landscaped patio, to be located at 3700 5`h Street NE in the City, to be acquired, constructed, and equipped by the Company. "Qualified Project Period" shall mean the period beginning on the first day on which ten percent (10 %) of the Housing Units are occupied following the acquisition and construction of the Project with the proceeds of the Bonds and shall end on the latest of the following: (i) the date which is fifteen (15) years after the date on which at least fifty percent (50 %) of the Housing Units in the Project are first occupied; or (ii) the first day on which no principal of the Bonds is outstanding and no other tax - exempt private activity bond issued with respect to the Project is outstanding; or (iii) the termination date of any assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937, including the initial tern and any renewal thereof. Section B. Program for Financing the Project. It is proposed that the City establish this Program to provide financing for the acquisition, construction, and equipping of the Project at a cost and upon such other terns and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds, and the Company. The City expects to issue the Bonds as soon as the terms of the Bonds have been agreed upon by the City, the Company, and the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned by the City to the Company to finance the acquisition, construction, and equipping of the Project, to fund required reserves, to pay interest on the Bonds during the construction of the Project, and to pay a portion of the costs of issuing the Bonds. It is anticipated that the Bonds will have a maturity of approximately forty (40) years or less and will bear interest at a variable rate or at fixed rates consistent with the market at the time of issuance. The City will hire no additional staff for the administration of the Program. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the fiscal agent, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance, or a letter of credit. Section C. Standards and RegWreinents Relating to the Financing of the Project Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the Company pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be applied to the acquisition, construction, and equipping of the Project, the payment of a portion of the costs of issuing the Bonds, the payment of interest on the Bonds during the construction of the Project, and the funding of appropriate reserves. The proceeds of the Bonds will be made available to the Company pursuant to the terns of a loan agreement (or other revenue agreement) which will include certain covenants to be made by the Company to the City regarding the use of proceeds and the character and use of the Project. 468908v2 SEL CL162 -52 2 59 (2) The Project qualifies as a "multifamily housing development," within the meaning of the Act, since it is comprised of one or more buildings located on contiguous parcels, the units of which are rented to persons or families for use as residences. (3) The Company, and any subsequent owner of the Project, will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (4) It is expected that at least one hundred percent (100 %) of the Housing Units will be held for occupancy by families or individuals with gross income not in excess of sixty percent (60 %) of median family income, adjusted for family size. This set aside would satisfy the low - income occupancy requirements of Section 462C.05, subdivision 2, of the Act, if they were applicable. (5) From the commencement of the Qualified Project Period, all Housing Unis shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy. Section D. Evidence of Compliance. The City may require from the Company at or before the issuance of the Bonds, evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Company in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Company or such other person deemed necessary concerning compliance with various aspects of this Program. Section E. Issuance of Bonds. To finance the Program authorized by this Section the City will by resolution authorize, issue, and sell its revenue bonds in one or more series in an aggregate principal amount of approximately $32,000,000. The Bonds will be issued pursuant to Section 462C.07, subdivision 1, of the Act, and will be payable primarily from the revenues of the Project. The costs of the Project, including capitalized interest, costs of issuance of the Bonds and required reserve funds, are presently expected to be in excess of the principal amount of the Bonds. It is expected that the Company will contribute to the Project the difference between the total costs of the Project and the principal amount of the Bonds available to finance the Project. The costs of the Project may change between the date of preparation of this Program and the date of issuance of the Bonds. The Bonds are expected to be issued in the fourth calendar quarter of 2015. Section F. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses, or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City, or otherwise illegal or inoperative by any court of competent. Section G. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Section H. State Ceiling. (1) An application for an allocation of a portion of the annual volume cap for private activity bonds will be made to the office of Minnesota Management & Budget, pursuant to Section 146 of the Code and Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act "). 468908v2 SEL CL162 -52 3 60 (2) Pursuant to the terns and requirements of the Allocation Act: (i) the Project will meet the requirements of Section 142(d) of the Code regarding the incomes of the occupants of the Project; and (ii) the maximum rent for at least twenty percent (20 %) of the Housing Units will not exceed the area fair market rent or exception fair market rents for existing housing, if applicable, as established by the United States Department of Housing and Urban Development. (3) Prior to the issuance of the Bonds, the Company will enter into a Regulatory Agreement with the City that specifies the maximum rental rates of the rent - restricted units in the Project and the income levels of the residents of the Project occupying the income - restricted units. Such rental rates and income levels must be within the limitations established in accordance with the preceding paragraph (2). The Company will be required to annually certify to the City over the tern of the agreement that the rental rates for the rent - restricted units are within the limitations under the preceding paragraph (2). The City may request individual certification of the income of residents of the income- restricted units of the Project. The office of Minnesota Management & Budget may request from the City a copy of the annual certification prepared by the Company. The office of Minnesota Management & Budget may require the City to request individual certification of all residents of the income- restricted units of the Project. (4) The City will monitor Project compliance with the rental rate and income level requirements established under the preceding paragraph (2). The City may issue an order of noncompliance if the Project is found by the City to be out of compliance with the rental -rate or income -level requirements established under the preceding paragraph (2). The Company shall pay a penalty to the City equal to one -half of one percent of the total amount of the Bonds issued under the Allocation Act for the Project if the City issues an order of noncompliance. For each additional year the Project is out of compliance, the annual penalty must be increased by one -half of one percent of the principal amount of the Bonds issued under the Act for the Project. The City may waive insubstantial violations. This Program relates solely to the Project described herein. This Program is separate and distinct from any and all housing policies established by the Housing and Redevelopment Authority in and for the City of Columbia Heights. 46890M SEL CL162 -52 4 61