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HomeMy WebLinkAbout03-14-2016 CCPMayor Gary Peterson Coui C COLUMBIA Robert -A. Williams s HEIGHBS Bruce Nawrocki City of Columbia Heights Donna Schmitt cn John Murzyn, Jr. 59040 Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 City Manager Visit our website at: www.columbiaheightsmn.gov 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, March 14, 2016 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. CALL TO ORDER 2. ROLL CALL 3. INVOCATION — Bob Lyndes, Crest View Senior Communities 4. PLEDGE OF ALLEGIANCE ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of February 22, 2016 pg 5 B. Accept Board and Commission Minutes MOTION: Move to accept the Draft Planning & Zoning minutes of March 2, 2016 pg 9 MOTION: Move to accept the Library Board minutes of February 3, 2016 pg 23 MOTION: Move to accept the Park & Recreation Commission minutes of October 28, 2015. pg 26 MOTION: Move to accept the Charter Commission minutes of October 15, 2015. pg 30 MOTION: Move to accept the EDA minutes of January 4, 2016 pg 32 C. 2016 Agreement for Residential Recycling Program with Anoka County (Annual Score Grant) pg 41 MOTION: Move to authorize the Mayor and City Manager to execute the annual SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program with $90,413 in funding available to reimburse City of Columbia Heights City Council Agenda eligible recycling expenses. March 14, 2016 Page 2 D. Resolution 2016 -25 Approving Plans And Specifications And Ordering Advertisement For Bids For 2016 Zone 2 And State Aid Street Rehabilitation, City Projects 1602 And 1605 pg 57 MOTION: Move to waive the reading of Resolution 2016 -25, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -25 approving Plans and Specifications and ordering Advertisement for Bids for 2016 Zone 2 and State Aid Street Rehabilitation, City Projects 1602 and 1605. E. Adopt Resolution 2016 -26 Awarding Contract for Stinson Boulevard 2016 Street and Utility Improvement g 59 Project and Appurtenant Work, Columbia Heights' Project 1508 MOTION: Move to waive the reading of Resolution 2016 -26, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -26, being a resolution awarding the Joint Powers Agreement contract with the City of St. Anthony Village for the 2016 Street and Utility Improvement Project and Appurtenant Work — Stinson Boulevard, City of Columbia Heights Project No. 1508, to R. L. Larson Excavating, Inc. based upon their low, qualified, responsible bid in the amount of $ 2,060,276.95, with Columbia Heights share of the project to be appropriated from Fund 415 - 51508 -5185. pg 61 F. Approve Final Payment for 49th Avenue Mill and Overlay — MNDOT Project No. STP 0215(122), City Project No. 1415 MOTION: Move to accept the work for 491h Avenue Mill and Overlay, MnDOT Project No. STP 0215(122), City Project No. 1415, and authorize final payment of $12,159.23 to Hardrives, Inc. of Rogers, Minnesota. G. Approve Final Payment for 2015 Utility Repairs and Installations, Project No. 1511 pg 62 MOTION: Move to accept the work for 2015 Utility Repairs and Installations, City Project No. 1511, and authorize final payment of $6,816.94 to G. L. Contracting, Inc. of Medina, Minnesota. H Resolution 2016 -27 Declaring the Intent to Bond for the Street Rehabilitation Program, Projects 1602 and 1607 and for State Aid Street Rehabilitation Program, Projects 1508 And 1605 pg 65 MOTION: Move to waive the reading of Resolution 2016 -27, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -27, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the 2016 Street Rehabilitation Program, Projects 1602 and 1607, and for 2016 State Aid Street Rehabilitation Program, Projects 1508 and 1605 I. Accept Bids and Award Contract for Library FF &E — Furniture pg 67 MOTION: Move to accept bids and award a contract for FF &E Bid Package 2 — Furniture, Fixtures and Equipment for the new City Library, City Project No. 1410, to the vendors as listed on the attached summary listing (multiple vendors) based on either contract pricing or based upon their low, qualified, responsible bid, in the total amount of $354,552.37 with funding from Funds 450 - 51410 -2010 and 450 - 51410 -5180; and, furthermore, to authorize the Mayor and City Manager to enter into contracts for the same. J. Accept Bids and Award Contract for Library Technology pg 72 MOTION: Move to accept bids and award a contract for Library Technology Equipment for the new City Library, City Project No. 1410, to the vendors as listed on the attached summary listing (multiple vendors) based on either contract pricing or based upon their low, qualified, responsible bid, in the total amount of $147,898 with funding from Funds 450 - 51410 -2011 and 450 - 51410 -5180; and, furthermore, to authorize the City of Columbia Heights City Council Agenda Mayor and City Manager to enter into contracts for the same. March 14, 2016 Page 3 K. Accept Bids and Award Contract for Rehab of Water Tower, Project 1507 pg 75 MOTION: Move to accept bids and award a contract for the Water Tower Rehabilitation, City Project No. 1507, to Odland Protective Coating based upon their low, qualified, responsible bid in the amount of $361,600, and add Alternate 1 in the amount of $30,000 for a total contract award of $391,600, with funding from Fund 651 - 51507 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. L. Consideration of Resolution adopting the State of Minnesota General Records Retention Schedule pg 80 MOTION: Move to waive the reading of Resolution Number 2016 -13, there being ample copies available to the public. MOTION: To adopt Resolution 2016 -13, adopting the General Records Retention Schedule for Minnesota Cities, and to submit notification to the Minnesota Historical Society. M. Consideration of Appointments to Advisory Commissions pg 84 MOTION: Move to appoint volunteers to serve on various commissions as recommended. N. Consideration of Change in Polling Location - Precinct 3 pg 85 Motion to designate the New Columbia Heights Library, located at 3939 Central Ave NE as the official election polling place for Precinct 3 for future City, County, State and Federal Elections. O. Approve Purchase and Installation of Warning Sirens pg 88 MOTION: Move to approve the purchase of siren equipment from Federal Warning Systems, Inc. in the amount of $22,470.00 and the removal /installation of the siren equipment by Ready Watt Electric in the amount of $21,768.00. P. Approve Business License Applications pg 91 MOTION: Move to approve the items as listed on the business license agenda for March 14, 2016 Q. Payment of Bills pg 93 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 160275 through 160514 in the amount of $1,441,774.65. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. First Reading of Ordinance 1626, being an ordinance amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights. pg 104 MOTION: Waive the reading of Ordinance No. 1626, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1626, amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights for Monday March 28, 2016 at approximately 7:OOpm in the Council Chambers of Columbia Heights City Hall. pg 114 B. Resolution 2016 -24 authorizing the issuance, sale, and delivery of multifamily housing revenue obligations relating to the Lily Gables project; adopting a housing program pursuant to Minnesota Statutes, Chapter 462c; approving the form of and authorizing the execution and delivery of the multifamily housing City of Columbia Heights City Council Agenda March 14, 2016 Page 4 revenue obligations and related documents; providing for the security, rights, and remedies with respect to the multifamily housing revenue obligations; and granting approval for certain other actions with respect thereto. MOTION: Move to close the public hearing and waive the reading of Resolution 2016 -24, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -24, being a resolution authorizing the issuance, sale, and delivery of multifamily housing revenue obligations relating to the Lily Gables project; adopting a housing program pursuant to Minnesota Statutes, Chapter 462c; approving the form of and authorizing the execution and delivery of the multifamily housing revenue obligations and related documents; providing for the security, rights, and remedies with respect to the multifamily housing revenue obligations; and granting approval for certain other actions with respect thereto. 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. ADJOURNME Walt Fehst, City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 22, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday February 22, 2016 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: Kelli Bourgeois Human Resource Director /Assistant to the City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director, Scott Nadeau; Chief of Police, Lenny Austin; Police Captain, Gary Gorman; Fire Chief, and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Dan Thompson, Heights Church 4. PLEDGE OF ALLEGIANCE S. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Update from SACA Dave Rudolph representing SACA (Southern Anoka County Assistance) reported on the recent Fire & Ice Polar Plunge. The event had about 129 jumpers, bringing a profit of $10,326; the equivalent of 88,000 pounds of food. Numerous sponsors and volunteers were thanked. Boy Scouts from Troop 119; Immaculate Conception Church had the most jumpers, and were presented with a check for $1,000 from Northeast Bank. Mayor Peterson asked the Scouts to introduce themselves. 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of February 8, 2016 MOTION: Move to approve the minutes of the City Council Public Improvement Hearings of February 1, 2016 B. Solar Gardens Subscriptions 5 Director of Public Works Kevin Hansen stated that in January the council approved solar contracts for four City buildings; Top Valu I, Public Safety, Public Works, and the new Library. In July of 2015 a consortium formed a lottery for solar garden subscriptions led by the Metropolitan Council, Hennepin County, Ramsey County, and the City of Minneapolis. The City of Columbia Heights was awarded (4) 200kW subscriptions with two different developers, 400kW with US Solar and 400kw with Geronimo Energy. Both subscriptions are for 25 years with no renewal and require a Letter of Intent signed by February 29, 2016. Staff recommends signing a Letter of Intent for entering into a contract with US Solar. Hansen noted this gives the City an opportunity to save hundreds of thousands of dollars. Councilmember Schmitt questioned if community members can buy into the solar gardens as well. Director Hansen suggested interested parties contact Xcel Energy. MOTION: Move to sign a Letter of Intent for entering into a 25 year contract with US Solar Corporation of Minneapolis, MN for a flat rate subscription and authorize the Mayor and City Manager to enter into an agreement for the same. C. Approve Gambling Permit, First Lutheran Church, Bingo Event on March 18, 2016 MOTION: Move to waive the $25 permit fee for the First Lutheran Church one -time charitable gambling permit. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for First Lutheran Church to conduct bingo at their event being held March 18, 2016 at 1555 40th Avenue NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. D. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for February 22, 2016, in that they have met the requirements of the Property Maintenance Code. E. Adopt Resolution 2016 -20, Authorizing Fire Department Mutual Aid Agreement with Minnesota DNR. Councilmember Nawrocki questioned what the "minor changes" in the agreement are referring to. Fire Chief Gary Gorman explained that would be to address changes in our equipment. MOTION: Move to waive the reading of Resolution No. 2016 -20, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2016 -20, being a Resolution authorizing a Fire Department mutual aid agreement with the Minnesota Department of Natural Resources. F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 22, 2016. G. Payment of Bills Councilmember Nawrocki questioned a payment to Aid Electric. Director Hansen explained that was to replace exterior lighting at the Public Safety Building, as the ballast was broken in many of them. Nawrocki requested council be made aware of these types of expenditures prior to having the repairs made. 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 160101 through 160274 in the amount of $ 643,069.85. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve the Consent Agenda as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Repeat Nuisance Call Service Fee Appeal — 4927 University Avenue NE Scott Nadeau, Chief of Police gave some background on the request. It was noted that the applicant, Bill Cullen was not present at the meeting. City Attorney Jim Hoeft explained that the ordinance states the appeal rights are waived if the applicant is not present at the meeting. Councilmember Nawrocki expressed concern with the fairness of the ordinance; in this case it was three separate parties, in three separate units that contributed to the nuisance calls. Captain Austin clarified that the ordinance basis the number of violations on the property, not the tenants. Councilmember Nawrocki suggested it may be difficult for a landlord to know the integrity of an applicant. Chief Nadeau commented that the ordinance puts the onus on the landlord /managers to bring in good tenants for the safety of the building as well as the community. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to uphold the $250 Nuisance Call for Service Fee imposed on Bill Cullen, owner of 4927 University Avenue NE. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION None 10. ADMINISTRATIVE REPORTS Mayor Peterson expressed condolences to City Manager Fehst on the passing of his mother. Councilmember Nawrocki stated the property at 40th and University is in need of attention. There are several cars in the lot, and the sidewalk has not been shoveled. Councilmember Nawrocki commented that he has not received information on the March 7th Public Improvement Hearings, noting there could be an EDA meeting scheduled for the same evening. Director Hansen explained the notices will be mailed this week. Hansen explained the meeting will be concurrent with the EDA meeting, so there will not be a conflict. 11. CITIZENS FORUM 12. ADJOURNMENT Mayor Peterson announced the upcoming Mayor's Music Night and Chili feed on March 9th at Murzyn Hall. Mayor Peterson reminded us to remember our service men and women, and our police officers and fire fighters, and to keep them in our thoughts and prayers. Meeting adjourned at 7:40 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 2016 -20 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING A JOINT COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES WHEREAS, The State of Minnesota, as authorized by M.S. 88.04 subd. 4; 88.11 subd. 1; and 89.01 subd. 4, allows the Department of Natural Resources (DNR) to enter into cooperative agreements with Municipalities, and; WHEREAS, The Commissioner of the Department of Natural Resources is requesting a Cooperative Fire Protection Agreement with Anoka County Fire Departments to provide assistance only when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. 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 authorizes the Columbia Heights Fire Department to enter into a cooperative agreement with the State of Minnesota, Department of Natural Resources in the prevention and suppression of wildland fires as authorized under M.S. 88.04 and hereby authorize the Mayor and Fire Chief to sign such an agreement. s DRAFT MINUTES OF PLANNING AND ZONING COMMISSION MARCH 2, 2016 7:00 PM The meeting was called to order at 7:00 pm by Vice Chair Fiorendino. Commission Members present- Buesgens, Fiorendino, and Hoium. Members Absent: Szurek Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Buesgens, seconded by Hoium, to approve the minutes from the meeting of November 4, 2015. All ayes. MOTION PASSED. Staff introduced the Commission members to Keith Dahl, the new Economic Development Manager in the Community Development Dept. PUBLIC HEARINGS CASE NUMBER: 2016 -0301 APPLICANT: Jay Feider, Stanley Wencl LOCATION: 3836 Stinson Blvd REQUEST: Site Plan Approval Holmbeck stated that Jay FIeder on behalf of Stanley and Wencl, has applied for Site Plan Approval, and is proposing to construct a new commercial building on the property located at 3836 Stinson Blvd. NE. The property has been vacant for approximately four years. The existing building has been demolished, and the applicant is proposing to build a two - phased development on the vacant lot. The first phase will include a 5,120 sq. ft. commercial building, which will house a dental office and one -two other tenants. The dentist office is an expansion of an existing Columbia Heights business, Care Point Dental, currently located on Central Avenue. The existing office location is not expected to close rather the new one will be part of an expansion. Phase one construction is expected to begin this spring. The owner of the property is planning to be open for business this summer and is seeking one -two other commercial- medical tenants to lease the other side of the building. Phase two is for a proposed 10,240 sq. ft. building which will be marketed to other commercial- medical types of uses. Currently there is no construction timeline for phase two. The building will be marketed to commercial - medical types of uses that are permitted within that Zoning District. The proposed development will include a 10 foot wide bituminous public trail on the north side of the lot and a decorative water ponding feature on the west side of the lot. A narrative provided by the applicant, is attached for your review. P & Z Minutes Page 2 March 2, 2016 ZONING ORDINANCE The property located at 3836 Stinson Blvd. NE. is located in the Limited Business Commercial Zoning District. The properties located to the north and south are located in the Limited Business Commercial Zoning District. The properties to the west are zoned in the Pubic Open Space District and the R -3, Multiple Family Residential District. The properties to the east are located in the City of St. Anthony. COMPREHENSIVE PLAN The Comprehensive Plan's future land use plan, guides this property for High Density Residential. The Comprehensive Plan designates this property and the surrounding area as an area of opportunity, specifically guided as Transit Oriented Mixed -Use Development. The City's Mixed -Use Districts allow for residential, commercial, and institutional uses The intersection at Stinson Boulevard and 37th Avenue NE., just south of the subject property, is a major roadway with in the community. Since this is considered a gateway to the City, development at this intersection should be attractive and facilitate commercial and retail opportunities. The proposed Stinson Business Center, which will enhance the economic viability of the area, is consistent with the goals and intent of the Comprehensive Plan. The City will be reconstructing Stinson Boulevard from 37th Avenue NE to Silver Lane. The reconstruction will include a bituminous trail along Stinson Boulevard from 37th Place to 40th Avenue NE. The street reconstruction is expected to begin in May and be completed in October. The proposed Stinson Business Center development will include a public trail on the parcel, which will enhance the pedestrian and transit connections to the surrounding area and newly reconstructed Stinson Boulevard. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. SITE PLAN The proposed Site Plan is for Phase 1 and Phase 2 of the Stinson Business Center Development. Phase 1 construction is expected to begin this spring. The applicant has indicated that Phase 2 will be completed at a later date. When Phase 2 constructions plans are submitted, staff will review to ensure the plans meet the approved Site Plan. If the plans for Phase 2 change significantly from what is approved by the City Council, the applicant will be required to resubmit for Site Plan Approval before construction can begin. Specific site requirements such as governance of the public trail and storm water retention pond will be outlined in a Development Contract, and approved by the Columbia Heights City Council at a later date and prior to construction. 1. Parking The proposed plan identifies 34 parking stalls for Phase 1 of the development. Staff believes this number is adequate, as it is exceeds the minimum zoning requirement. The Zoning Ordinance requires 1 parking space per 300 sf, gross floor area for a Medical or Dental Clinic. By this standard, the plan exceeds the required 17 required spaces with an additional 17 spaces (5,120 sf /300 =17). 10 P & Z Minutes Page 3 March 2, 2016 Parking requirements are determined by the use of the property. For Phase 2 of the development, the plan identifies 30 additional stalls. The owner is intending to market the remaining space to other medical type uses. Staff has performed calculations based on other permitted types of uses in the Limited Business Zoning District. If the intended use changes when Phase 2 is finished, staff believes the parking will be sufficient for the other allowable uses in this zoning district. However, staff has added a condition to the Site Plan to ensure parking requirements are met in the future. The applicant is required to meet the parking requirements for Phase 2 based on the use of the building. 2. Access The site will be served by two access points. The main entrance off Stinson Boulevard is considered the primary access point. The access on McKinley Street is the secondary access point. Due to the City's street reconstruction on Stinson Boulevard, the business will most likely, depending on construction timing, use the access on McKinley Street during the street reconstruction. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing a storm water retention pond to be located on the southwest corner of the parcel. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. The proposed development will be within close proximity to Prestemon Park. The bituminous trail which will span the north end of the parcel from Stinson Boulevard to McKinley St. will provide pedestrian connectivity to nearby amenities within the surrounding area. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area for High- Density Residential and Mixed Use Transit Oriented Development. The proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan for the Stinson Business Center meets all the minimum setback requirements and general development standards outlined in the Zoning Code. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. M P & Z Minutes Page 4 March 2, 2016 Fiorendino asked Holmbeck to review the conditions of approval for the Site Plan for the record. She went through the eleven conditions and explained them in detail to the members. Questions /Comments from members: Hoium asked who would be responsible for paying for the bituminous trail on the north side of the property. Holmbeck stated the new owner /developer will be required to pay for this as part of the Development Agreement and Site Plan approval. He then noted the site is currently a mess and needs some major clean up. He asked if the owner would be required to clean up the entire site and maintain it between Phase 1 and Phase 2. Holmbeck stated they would be expected to maintain the site during and after construction. Buesgens asked if there would be a sidewalk along Stinson Blvd. Holmbeck stated there would be when Stinson Blvd. is reconstructed. Buesgens then questioned whether the new building would include Solar panels. Holmbeck stated she did not think that was part of their plan. Fiorendino asked if they would be required to construct the retention pond as part of the Phase 1 construction. Holmbeck told members they must include the water management plan in Phase 1. She also explained that construction cannot begin until the Site Plan is approved and the contract is signed. Buesgens asked if the Swale area would be changed. Holmbeck wasn't sure if that was part of this property or not. Jay Fieder stated he thought the swale area is part of the property to the north of this site, under the control of a different owner. Fieder also told members that the water retention pond has been approved by water shed management and will be done as part of Phase 1. Fiorendino asked what the time limits are to begin Phase 2. Holmbeck stated the Site Plan is technically in effect for one year. If he takes longer than that, or changes the plan , he would need to come back for another Site Plan approval. Buesgens then asked Fieder if they had made any plans to use Solar Energy. He responded that it was not currently part of the plan, but they are including other energy efficient methods of construction for this project. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. ME P & Z Minutes Page 5 March 2, 2016 Motion by Hoium , seconded by Buesgens , to waive the reading of Resolution No. 2016 -PZ01, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Buesgens , seconded by Hoium, to adopt Resolution No. 2016 —PZ01, being a resolution approving a Site Plan, for the proposed Stinson Business Center, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. 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. 3. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 4. The Developer shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated February 25, 2016. 5. All City Storm Water Management requirements, as well as Rice Creek Watershed requirements, shall be achieved for this property. 6. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for Stinson Business Center, to be approved by the City Council at a later date, and prior to construction. 7. The Developer is required to meet the parking requirements for Phase 2 based on the use of the building. 8. If the proposed plans for Phase 2 deviate from the approved Site Plan, the Developer will be required to reapply for Site Plan Approval. 9. The Developer shall install a 10 foot wide bituminous trail along the north end of the subject property from Stinson Boulevard to McKinley St. NE. 10. Site and elevation plans included in this submittal, dated February 5, 2016 and January 27, 2016 shall become part of this approval. 11. All other applicable local, state, and federal requirements shall be met at all times. All Ayes. MOTION PASSED 13 P & Z Minutes Page 6 March 2, 2016 RESOLUTION NO.2016 -PZ01 A resolution of the Planning and Zoning Commission for the City of Columbia Heights, Minnesota, Whereas, a proposal (Case # 2016 -0301) has been submitted by Jay Feider on behalf of Stanley and Wencl, to the Planning and Zoning Commission requesting Site Plan Approval from the City of Columbia Heights at the following site: Address: 3836 Stinson Boulevard NE., Columbia Heights, MN 55421 Legal Description: On file at City Hall. The applicant seeks the following_ Site Plan Approval for a proposed commercial building to be located at 3836 Stinson Boulevard NE. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City's Zoning Code, on March 2, 2016. Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City Staff regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and Now, therefore, in accordance with the foregoing, and all Ordinances and regulations of the City of Columbia Heights, the Planning and Zoning Commission of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The site plan confonns to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. Further, be it resolved, that the attached conditions, snaps, and other information shall become part of this approval; and in granting this approval the City and the Applicant agree that this Site Plan shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Conditions Attached: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. 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. 3. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 4. The Developer shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated February 25, 2016. 5. All City Storm Water Management requirements, as well as Rice Creek Watershed requirements, shall be achieved for this property. 6. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for Stinson Business Center, to be approved by the City Council at a later date, and prior to construction. 14 P & Z Minutes Page 7 March 2, 2016 7. The Developer is required to meet the parking requirements for Phase 2 based on the use of the building. 8. If the proposed plans for Phase 2 deviate from the approved Site Plan, the Developer will be required to reapply for Site Plan Approval. 9. The Developer shall install a 10 foot wide bituminous trail along the north end of the subject property from Stinson Boulevard to McKinley St. NE. 10. Site and elevation plans included in this submittal, dated February 5, 2016 and January 27, 2016 shall become part of this approval. 11. All other applicable local, state, and federal requirements shall be met at all times. OTHER BUSINESS A. Ordinance No. 1626, Text Amendment amending City Code of 2005 Relating to Automotive Uses This past November, the City Council voted to approve Emergency Interim Ordinance No. 1622, imposing a moratorium on all auto related uses throughout the City of Columbia Heights for 6 months (180 days). The moratorium was approved to allow for City staff to study the need for changes to the City's Zoning Code as it related to auto uses. Staff is proposing Ordinance No. 1626, which includes changes to the City's Zoning Code that would restrict where auto uses are located and require a minimum lot size of one acre. Staff plans to bring this proposal to the City Council at the March 14th and March 28th City Council meeting. Holmbeck reviewed the amendment with the members. Buesgens asked if the Commission could make additional suggestions for the City Council to consider before adopting this Ordinance. Holmbeck told her, they can, that staff would forward additional comments to them for their consideration. Buesgens said her primary concerns are: 1. Requiring that businesses face the primary street, rather than facing the back especially if they . are abutting a residential area, and to be able to deny a use if they don't. 2. She wants to make it mandatory that the Design Guidelines be followed. Holmbeck stated that is always addressed in the Site Plan approval process and that there have only been exceptions made on occasion due to unusual circumstances. Buesgens doesn't think there should be exceptions. Fiorendino disagreed, and stated that there needs to be some flexibility in order to work with businesses and owners since we have so many that are located on small lots that often make it impossible to meet all the criteria. ORDINANCE NO. 1626 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO AUTOMOTIVE RELATED USES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: 15 P & Z Minutes Page 8 March 2, 2016 Section 1: Chapter 9, Article I, Section 9.110 (F) (3) (c), City Code of 2005, as it currently reads, is hereby amended as follows: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in §9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (e) Automobile repair-, (d) Outdoor sales and /or display. (e) Outdoor storage. (f) Parking ramp. (g) Club or lodge. (h) Fences greater than six feet in height. Section 2: Chapter 9, Article 1, Section 9.110 (F) (3), City Code of 2005, shall hereafter read as follows, to wit: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Outdoor sales and/or display. (d) Outdoor storage. (e) Parking ramp. (f) Club or lodge. (g) Fences greater than six feet in height. 16 P & Z Minutes Page 9 March 2, 2016 Section 3: Chapter 9, Article I, Section 9.107 (3) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (3) Automobile convenience facility. (a) The use shall be served by a major collector or higher functional classification of roadway. (b) All buildings, canopies and pump islands shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (c) The storage of inoperable vehicles on the site is prohibited. (d) The sale or repair of vehicles shall be prohibited. (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (f) Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below the bottom surface of the canopy. (g) Wherever fuel pumps are installed, pump islands shall be installed. (h) A transportation management plan shall be submitted to address off - street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (i) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor - tight fittings to eliminate the escape of gas vapors. (k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area. (1) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (m) A minimum of two access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting right -of -way line on collector roadways and no less than 80 feet from the intersecting right -of -way line on arterial roadways. 17 P & Z Minutes Page 10 March 2, 2016 (n) All new Automobile Convenience Facilities must be located on a minimum of one acre of land. Section 4: Chapter 9, Article I, Section 9.107 (4) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: 4) Automobile repair, major. (a) All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from, residential uses. All storage tanks shall be equipped with vapor- tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (h) All new Major Automobile Repair facilities must be located on a minimum of one acre of land. Section 5: Chapter 9, Article I, Section 9.107 (5), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: 18 P & Z Minutes Page 11 March 2, 2016 (5) Automobile repair, minor. (a) All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor- tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (h) All new Minor Automobile Repair facilities must be located on a minimum of one acre of land. Section 6: Chapter 9, Article I, Section 9.107 (6), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (6) Automobile sales /rental, new. (a) The use shall be served by a major collector or higher classification of roadway. (b) Outdoor vehicle display for used cars shall be limited to 30% of the total outdoor display area for a new car dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off- street parking spaces needed for the public and employees. 19 P & Z Minutes Page 12 March 2, 2016 (c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor vehicle display areas within the public right -of -way are prohibited. (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (f) Outdoor vehicle display shall be within a designated area that is hard - surfaced. (g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. (i) Outdoor vehicle display shall not reduce the amount of off - street parking provided on site below the level required for the principal use. (j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (1) All new Automobile Sales /Rental. (new) facilities must be located on a minimum of one acre of land. Section 7: Chapter 9, Article I, Section 9.107 (7), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: 20 P & Z Minutes Page 13 March 2, 2016 (7) Automobile sales /rental, used. (a) The use shall be served by a major collector or higher classification or roadway. (b) An open -aired used auto and truck sales or rental lot as a stand -alone business is prohibited. (c) Used automobiles may be sold or rented as a stand -alone business if the business if the used automobiles and associated businesses are contained within a building. (d) Used automobiles may not be sold accessory to businesses other than new car dealerships. (e) Outdoor vehicle display areas within the public right -of -way are prohibited. (f) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 0) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use included dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (k) All new Automobile Sales /Rental, (used) facilities must be located on a minimum of one acre of land. Section 8: This Ordinance shall be in full force and effect from and after 30 days after its passage. 21 P & Z Minutes Page 14 March 2, 2016 B. New Commission Member Holmbeck told members that Grace Lee had resigned her position since Lee moved out of the City. She said that the City Council held interviews Monday, February 22"d and are looking to appoint someone at the March 14th City Council meeting. The meeting was adjourned at 7:40 pm. Respectfully submitted, Shelley Hanson Secretary 22 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 3, 2016 Approved 3/2/2016 The meeting was called to order by Chair Patricia Sowada at 6:30 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella and Catherine Vesley. Also present: Library Director Renee Dougherty, Recording Secretary Renee Rewitzer. Absent: Council Liaison Gary Peterson. The minutes of the January 6, 2016, Board meeting were approved as corrected to include Barbara Tantanella as present. The bill list dated 1/6/2016 of 2015 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 1/20/2016 of 2015 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 2/3/2016 of 2015 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The preliminary draft of final 2015 accounting was reviewed. There was discussion regarding the annual cost of eBook services. The Board inquired if there was a way to offset this cost by assessing a fee. Dougherty said she would check with Anoka County about the possibility of assessing a fee for Heights users of eBooks and return to the Board with options for discussion. The Board said the library budget cannot sustain a doubling of eBook charges next year. Dougherty said the American Library Association has approached publishers regarding the cost of eBooks for libraries. In many instances the cost of an eBook is three times that of the print version of the title. In other instances publishers limit the number of times an eBook can be borrowed before requiring the library to repurchase it. Smith asked how many publishers provide eBooks and Dougherty replied many publishers are now providing eBooks. Vesley said eBooks were thought to be the wave of the future but that usage has plateaued. Smith inquired about line item 3210: Telephone being overspent. Dougherty replied that the Library received new VOIP phones earlier than anticipated and the expense was unplanned. However, in 2015 overall revenues exceeded expenses. Old Business: Update on New Library Construction The steel beams are up; progress is approximately eight days behind schedule but Ebert Construction believes the May 27 anticipated completion date can be 23 accomplished. Smith said he doesn't think there is enough storage space at the new library and Vesley replied that many historical artefacts can be sent to the Anoka Historical Society. Dougherty said outdated files, story time accessories, and worn out items will be discarded before moving. Sowada asked if there were any bids on the 40th Avenue building. Dougherty replied that Keith Dahl, the new City Planner, will be in charge of marketing the building. Discussion of the marketability of the building commenced. In the upcoming Heights Happenings an article about the library's closure will be run. The current building will be closed May 23 through June 12 with a grand opening on June 18. Youth Read Down Update Thirty -eight youth participated in January's Youth Read Down program; they spent over twenty three hours reading and the library waived $95.00 in fines. New Business: RFID Implementation Project Dougherty handed out a proposed Council letter on the Radio Frequency Identification project seeking Board input and endorsement prior to presenting to the City Council on February 8. The RFID project will be part of the overall construction budget and the Library Foundation has indicated willingness to make a grant to fund the project. The timing of Council action will allow equipment to be received in time to allow tagging of the collection in March. Vesley made a motion that the Library Board endorse the RFID implementation project.. Tantanella seconded the motion and it passed unanimously. Staff will tag the collection before moving so that self- checkout capability will be available at the new library. Volunteers are needed to help tag the collection. Rewitzer will attend a RFID tagging training session with Anoka County Library employees on February 5 and will train Columbia Heights staff and volunteers. Service Hours Discussion regarding hours for the new library has been tabled until the next meeting. Dougherty suggested that a more consistent schedule would be appreciated by library visitors. Items from the Floor: • Catherine Madison, a finalist for the Minnesota Book Award, will be talking about her book The War Came Home with Them on February 23, 6:30 p.m. • Smith said Pat Stinson's author visit was well done and he enjoyed the presentation. There being no further business, the meeting was adjourned at 7:27 p.m. Respectfully submitted, 24 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: Proposed Council letter on Radio Frequency Identification Implementation project. 25 CH COLUMBIA HEIGHTS Park & Recreation Commission Minutes of the Meeting Keyes Room, John P. Murzyn Hall October 28, 2015 David Payne called the meeting to order at 5:30 p.m. Roll Call Members present: Sean Clerkin, Bruce Evans, Tom Greenhalgh, Kevin McDonald, David Payne, Marsha Stroik Staff present: Kevin Hansen, Public Works Director; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary Approval Consent Agenda Motion by Clerkin, second by Stroik, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests A. Request for an open bar for a wedding reception on July 16, 2015. Windschitl indicated staff recommends approving the request as long as the group is using staff approved bartenders. Greenhalgh clarified that they are not bringing in their own bartenders and using bartenders recommended by staff. Motion by Greenhalgh, second by Clerkin, to approve the request for an open bar using staff approved bartenders on July 16, 2015. Upon vote: All ayes. Motion Carried. Old Business A. Grand opening celebration for Huset Splash Pad (June 2016). Hansen would like to have the grand opening in May however the regular week for a meeting falls around Memorial Day. Waiting until June tends to be a little late. Wading pools are normally open from Memorial Day to Labor Day. Clerking suggested having the grand opening when it is convenient and not just on a Commission meeting date. Stroik suggested moving the May meeting to June 1. Members indicated there isn't a need to hold a meeting, and just have an event. Hansen asked how the Commission wants to inform the public of the event; direct invites to the immediate area would be over 1,000 people, advertisements in the paper or not, and maybe asking the police department to incorporate a community picnic at the same time. Stroik stated that the neighborhood picnics are very well attended. Hansen will discuss the idea with the Chief of police and report back at the next meeting. For now consider the June 1 date for the special grand opening event. B. Master Planning: select next park and direct staff to obtain proposals. Payne asked what park is in need of improvement. Hansen indicated the last park that the Commission discussed during recent park tours was Keyes Park. Payne replied he would like to see money saved to continue the work on the Huset Park Master Plan. Hansen stated the more realistic approach is to move forward with improvements on a park by park basis. A large amount of money is needed to complete the work at Huset Park and the only reason why the splash pad was able to be completed was due to an excess in LGA which doesn't happen regularly. Some funding will be coming into the park deduction 26 City of Columbia Heights October 28, 2015 Park & Recreation Commission Minutes of the Meeting Page 2 funds through the new development coming. The remaining work at Huset Park is over a 2 million dollar project. Hansen indicated the from a funding perspective the Commission may want to think about a referendum for Huset and /or the remaining parks to be updated. Stroik mentioned that many other cities are asking forthem this year. Stroik asked how much money will be received from the development. Hansen replied approximately $180,000 to $200,000 from Dominium. Payne asked what the estimated cost is to complete the Huset Park Master Plan. Hansen replied in 2004 the total was 3.5 million. Now the cost for the splash pad could be removed, using state funding for changes to the roadway, and adding in the cost of inflation, the guess is approximately 2 million. Stroik indicated that amount does not seem unrealistic. Hansen indicated the referendum process can take a year to prepare, get a plan ready for improvements throughout the entire city, develop and update a capital improvement plan, and hold public meetings. If the Commission wants to pursue a referendum they should begin the process mid to late summer of 2016. Clerkin asked about the cost of that process. Hansen replied the cost to put together a capital improvement plan and a referendum is about $15,000 to $30,000. Hansen indicated Keyes Park is due for playground replacements. The playground well over twenty plus years old and replacement parts are no longer available for it any more. McKenna Park is the second largest park where the playground equipment has been replaced. Ostrander Park is the third largest park where no improvements have been made. Lomianki Park has the oldest playground equipment and is in a remote area. A brand new small playground cost begins would be in the $60,000- $90,000 range. Payne stated McKenna Park has had recent improvements. Hansen replied yes the playground equipment was updated. Other park improvements discussed have been making the ballfields better functioning because the two currently overlap, and better parking. Keyes Park improvements would include looking at the sliding hill to offer more permanent protection during the winter as multiple times during the season the snow fence will be removed. Hansen stated that the City does carry extra insurance for the sliding hill. He stated the Commission could move forward with another master plan but does not suggest changing the Huset Park Mast Plan because we do not have the ability to finance improvements. McDonald stated that a lot of time and energy was put into the last master plan for Huset Park and now it is stalled. Hansen replied that updating the plan would not be expensive but there still would not be any movement beyond that. Clerkin replied it is not worth doing anything to the plan until there is funding available. Stroik indicated after 2016 another city election would take place in 2018. Clerkin agreed that is a good target. Evans asked if the Circle Terrace park building will need a referendum. Hansen replied no, staff and community members are looking into other funding. The building itself is approximately $250,000. In 2016 the largest part of the parks budget will be to replace the playground equipment at Circle Terrace. Stroik asked if there is enough funding for improvements at Keyes Park. Hansen replied yes and the earliest availability to fund improvements would be in 2017 or 2018, or if movement is made towards a referendum Keyes Park could be included in that and the master park plan would already be complete. Hansen reported there are other items at Keyes Park that need improvements. The storm water retention pond does not work properly. Clerkin asked about the hockey rink problems. Hansen replied the area has settled and has an elevation difference from one side to the other of about fifteen inches. It takes about sixteen inches of water to get even ice. The boards need replacement as well. Clerkin asked what the most important item in need of replacement is at Keyes Park. Hansen replied the playground equipment. He would like to see the best fit for a playground spatially within the whole park and what the area is being programmed for. Clerkin asked if a playground can be installed without having a master plan. Hansen replied it would be best to have the Master Plan to work from so park elements can be placed in the most appropriate area in the park. The process has always been making a master plan, and then if there isn't full funding portions are done as funding becomes available. Stroik asked how long 27 City of Columbia Heights October 28, 2015 Park & Recreation Commission Minutes of the Meeting Page 3 until funding from the new development becomes available in the park dedication fund. Hansen replied soon, within 3 -6 months or so. Stroik asked if the money has to be used immediately. Hansen replied no. State law indicates that those funds are dedicated for park related uses. They cannot go into recreation operation and have to have some sort of nexus with recreational benefit such as fields or playgrounds. All capital expenditures come through the Park and Recreation Commission. Stroik stated that a master plan for Keyes Park makes sense. Motion by Greenhalgh, second by Evans, to create a Master Plan for Keyes Park. Upon vote: All ayes. Motion Carried. Windschitl indicated the need for two ballfields at Keyes Park. Both fields were used for t -ball and baseball this year. The soccer field, which is located in the outfield area, receives a lot of use between both fields as well. New Business A. Rental rates for John P. Murzyn Hall in 2017. Windschitl informed the Commission that staff has recommended keeping the John P. Murzyn Hall rental rates at the same prices from 2016 to 2017. The last time rates were increased was from 2010 to 2011 forjust Saturday rental fees, and also for 2015 to 2016 there was an increase on Saturdays. The only other increase for 2017 is a slight increase on linen napkin rental fees. Staff recommends keeping the current rates for 2016 the same in 2017. Windschitl reminded the commission that residents of Columbia Heights still receive a 25% discount off of the rental fee of the facility. McDonald asked if the hall makes any revenue. Windschitl replied that the rentals bring in a fair amount of revenue but that sets off the fees associated with running the building for programs, utilities, the recreation office, upgrades or up keep to existing items within the building, and the purchasing of needed equipment. Generally the Murzyn Hall revenue pays for the use of the hall. Evans indicated that the building is used as a community service space too. Clerkin indicated he is not opposed to raising rental rates. Payne asked if a lot more residents rented the facility than nonresidents. Windschitl replied about half of the rentals are from residents. He indicated the Saturdays from the end of April through September are booked for 2016. Stroik replied that wedding venues are very expensive and it is the food minimum requirements that make it so expensive. She would not be opposed to raising the rental rate. Windschitl stated that having an open food option makes Murzyn Hall very unique. He also pointed out that this hall does accommodate a larger number of guests unlike many other venues. Windschitl agreed that the Saturday rental rate could be increased by 5% if the Commission wanted. Stroik would like to see the Saturday rate closer to $1500. Greenhalgh suggested an increase of 10 %. Windschitl replied to increase the rental fee to be closer to $1500 is around a 6% increase. Stroik replied that this venue is a bargain even with an increase. Clerkin would like to see a larger increase. Motion by Stroik, second by McDonald, to increase the John P. Murzyn Hall rental rate for a Saturday by 6% for the Hall, Kitchen, and LaBelle Lounge. Upon vote: 5 ayes, 1 nay. Ayes: Evans, Greenhalgh, McDonald, Payne, Stroik. Nay: Clerkin. Motion Carried. Payne asked if there are any complications with the 1:00 a.m. closing time of the building. Windschitl replied that people do ask to stay longer but we do not give them that option. There is also a late fee of $80 every 30 minutes after 1:00 a.m. Clerkin asked if the fee needs to be increased. Windschitl replied no because the goal is still to keep the fee at an amount that will still be used and not priced too high. 28 City of Columbia Heights October 28, 2015 Park & Recreation Commission Minutes of the Meeting Page 4 Reports A. Recreation Director Windschitl reported that volunteer coaches are needed for youth basketball and wrestling. The previous wrestling coaches have been hired by the Columbia Heights school district. He asked for the members to spread the word if they know of any volunteers. At the most recent city council meeting it was approved to increase the Hylander Center facility supervisor rate from $9.00 per hour to $12.41 per hour starting. The goal is to have two people working those shifts as many drop -in participants try to skip out on paying the $1 drop -in fee. Currently the weekend open gym time is not being offered due to lack of staff available to work. Youth basketball will be starting soon and that will eliminate the open gym times except for the use of the fitness room and the Wednesday night open gym. Windschitl indicated the regular meeting dates for November and December fall during the holiday weeks. He suggested moving the possible meeting dates to the 3 d week of each month. Motion by Clerkin, second by Stroik, to move the regular Park and Recreation Commission meeting dates for November and December to the 3rd Wednesday if a meeting is needed. Upon vote: All ayes. Motion Carried. B. Public Works Director /City Engineer Hansen reported the Dominium development project is moving forward. The calculation is for around $200,000 for park dedication to the Park Development Fund. The library is continuing to make progress. The foundations are done, the underground piping is being installed, and after Christmas work will begin on the steel structure. The police department staff is looking into funding for the multipurpose building at Circle Terrace Park. Greenhalgh asked what is happening to the building on 40th and Central Avenue where the bank is located. Hansen replied the building has a new owner with a good reputation. Before they move forward with work on the building he is trying to secure tenants and then he has committed to making the required corrections on the building. McDonald asked if the splash pad water flow was tested. Hansen replied yes, several times. Staff needs to learn how to run the program. Stroik stated that the whole area looks very nice. C. Commission Members Clerking indicated seeing splash pads that hold water to reuse it through the system and is wondering the costs for that type of system. Hansen replied that type of system was looked at for Huset West and it would have almost doubled the cost. Payne adjourned the meeting at 6:30 p.m. Deanna Saefke, Recreation Clerk Typist II 29 MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION OCTOBER 15, 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. Roll Call /Status of Membership Members present: Ramona Anderson, James Guy, Roger Johnson, Mike Patiuk, Greg Sloat, Steve Smith, Tim Utz, and Jeff Diehm Members absent (excused): Wes Wiggins, Matt Abel, Eric Penniston, Lee Bak Members absent (unexcused): Carolyn Laine, Rob Fiorendino Also in attendance: Council Liaison Bruce Nawrocki, City Attorney Jim Hoeft, Cable Attorney Mike Bradley, HR Director /Assistant to the City Manager Kelli Bourgeois, City Clerk /Recording Secretary Katie Bruno Approval of Agenda Motion by Commissioner Johnson, seconded by Commissioner Guy to approve the agenda. Motion passed unanimously. Approval of Minutes Motion by Commissioner Diehm, seconded by Commissioner Guy to approve the minutes from the July 16, 2015 meeting. Motion passed unanimously. Correspondence President Smith read a resignation letter for Commissioner Charles Tyler. Old Business A. Discussion regarding Chapter 10, sections 93 -101; City Charter City Attorney Jim Hoeft explained that the Charter Commission is interested in updating the chapter to reflect state statutes and rules. Mr. Hoeft noted the commission is interested in clarifying the validity of the sections, or if they have been circumvented by state and federal regulations. Mike Bradley, the City's Cable Attorney made the following recommendations: Commissioner Jeff Diehm asked if other cities address franchises in their Charters. Mr. Bradley stated they do, although most are not as lengthy. City Attorney Jim Hoeft explained some of the issues are superseded by Federal and State laws. 30 Councilmember Nawrocki stated that the city no longer has a Cable Commission, and would suggest eliminating the 5% fee. Chairperson Smith and City Attorney Hoeft stated that would be addressed through the negotiation process between the City Council and the franchisee. Chairperson Smith summarized the recommend changes are in sections 95, 96, 98, 99 and 100. City Attorney Hoeft stated he will redraft the sections as discussed and provide a copy to the Mr. Bradley for review. Then the proposed changed will be forwarded to the commission members with their next agenda. Commissioner Greg Sloat requested looking at other cities for comparison. Mr. Bradley stated he will look at the cities of Minneapolis and Coon Rapids, as he has worked with both cities B. Discussion regarding minute taking at meetings Commissioner Stephen Smith reported he has talked to a few other cities, the majority have city staff complete the minutes. The primary reason most cities gave was to provide commission members the opportunity to be fully engaged in the meetings. Current secretary of the Charter Commission Matt Abel was not in attendance, but did send comments in support of city staff continuing to the take minutes. Mr. Abel's only concern was the additional cost to the city to provide a staff member. Next Meeting Date Next meeting scheduled for January 21, 2016 at 7:00 p.m. at City Hall, Conference Room 1. Adjournment Motion by Commissioner Diehm, seconded by Commissioner Anderson to adjourn. The meeting was adjourned at 7:38 p.m. Respectively Submitted, Katie Bruno, City Clerk 31 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF JANUARY 4, 2016 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Walt Fehst, Executive Director. Members Present: Bruce Nawrocki, Donna Schmitt, Gary Peterson, John Murzyn, Gerry Herringer, Marlaine Szurek, and Bobby Williams. Staff Present: Walt Fehst, Joseph Hogeboom, and Shelley Hanson. PLEDGE OF ALLEGIANCE - RECITED ELECTION OF OFFICERS: Motion by Williams, seconded by Schmitt to nominate Gary Peterson as President. All ayes. Motion Passed. Motion by Nawrocki, seconded by Herringer to nominate Williams as Vice President. All ayes. Motion Passed. Motion by Williams, seconded by Murzyn to nominate Nawrocki as Secretary /Treasurer. All ayes. Motion Passed. Therefore, the 2016 list of Officers is as follows: President- Gary Peterson Vice President- Bobby Williams Secretary /Treasurer- Bruce Nawrocki CONSENT ITEMS 1. Approve the Minutes from December 7, 2015. 2. Approve the Financial Report and Payment of Bills for November 2015 on Resolution 2016 -01. Questions by Members: Herringer asked what the check for $8,300 to Lighthouse was for. Hogeboom stated it was the TIF payment to the Lighthouse -Asst. Living facility. Hogeboom told members he would provide a full report for funds 201 and 204 to the Board next month once the December numbers are included which will provide the comparison of the budgeted expenses versus the actual. After looking at the totals at the end of November, he told members that the two funds should come in at, or under, budgeted amounts. Error! Unknown document property name. 32 EDA Minutes Page 2 January 4, 2016 Motion by Murzyn, seconded by Szurek, to waive the reading of Resolution 2016 -01 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Murzyn, seconded by Szurek, to approve the consent agenda as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2016-01 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of November, 2015 and the Payment of the Bills for the Month of December, 2015. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of December, 2015 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and Error! Unknown document property name. 33 EDA Minutes Page 3 January 4, 2016 BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 4t'' day of January, 2016. Motion by: Murzyn Seconded by: Szurek BUSINESS ITEM Single family Home Lot Sales Program — Amendment- Resolution 2016 -02 The EDA attorney reviewed the Single Family Home Lot Sales Program, and has made some minor suggested changes. The changes reflect protecting the EDA from incurring any buyer- associated sale costs, as well as establishing a minimum lot price for each lot in the program. An underlined /over - scored copy of the Program guidelines was included in the agenda packets. Hogeboom reviewed the changes with members. Staff recommends approval of Resolution 2016 -02, authorizing certain changes to the Single Family Home Lot Sales Program. Questions from members: Herringer questioned an item in the guidelines that stated a builder could not hold more than 25% of the lots available on option. Hogeboom told members this clause was added more for the future if additional lots become available. He went on to explain that this builder is purchasing the lots outright, and is not proposing to tie them up by "buying on option ". Schmitt pointed out that information on frequently asked questions and the actual guidelines don't match up regarding the number of trees required. Members had previously decided to reduce the number of trees to one. Hogeboom stated he would make the change so the documents are accurate and match. Motion by Szurek, seconded by Williams, to waive the reading of Resolution 2016 -02, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Szurek, seconded by Herringer, to adopt Resolution 2016 -02, Resolution Approving certain changes to the Single Family Home Lot Sales Program. All ayes. MOTION PASSED. Error! Unknown document property name. 34 EDA Minutes Page 4 January 4, 2016 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-02 RESOLUTION APPROVING REVISED GUIDELINES FOR CONVEYANCE OF CERTAIN LOTS OWNED BY THE ECONONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the Board of Conunissioners ('Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The 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. Within the Redevelopment Project, the Authority has acquired parcels suitable for the construction of single - family homes, which parcels are described in Exhibit A hereto (the "Subject Parcels "). 1.03. The Authority intends to convey the Subject Parcels to contractors that will construct homes for sale to owner - occupants, and may in the future identify additional parcels suitable for such construction. To that end, the Authority created its Single Family Home Lot Sales Program and approved preliminary guidelines for this program (the "Guidelines ") on September 8, 2015. 1.04. The Authority has determined that certain revisions to the Guidelines are needed, and has caused revisions to the Guidelines to be prepared in the form presented to the Board. Section 2. Revised Guidelines Approved; Further Proceedings. 2.01. The Board approves the Guidelines as modified. 2.02. Authority staff and consultants are authorized and directed to negotiate sales of the Subject Parcels with qualified contractors, subject to the condition that before the EDA is obligated to sell any Subject Parcel, the Board shall approve a purchase and redevelopment agreement with the buyer of that parcel, as described in the Guidelines. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 4th day of January, 2016. President ATTEST: Secretary Error! Unknown document property name. 35 EDA Minutes Page 5 Januaiy 4, 2016 EXHBIT A Subject Parcels ADDRESS LEGAL DESCRIPTION PID 4606 Polk Street NE Lot 13, except the North V2, the North 30 feet of Lot 25- 30 -24 -33 -0030 14, Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4636 Polk Street NE Lot 5, except the North 35 feet thereof, all of Lot 6, 25- 30 -24 -33 -0025 and the North '' /z of Lot 7, in Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4641 Tyler Street NE Lot 25 and the South 20 feet of Lot 26, Block 2, 25- 30 -24 -33 -0038 Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4600 Polk Street NE Lot 14, except the North 30 feet thereof, and Lot 15, 25- 30 -24 -33 -0031 Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4648 Polk Street NE South 'h of Lot 2, and all of Lot 3, Block 2, 25- 30 -24 -33 -0023 Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4618 Polk Street NE Lot 11, and the North 10 feet of Lot 12, Block 2, 25- 30 -24 -33 -0028 Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] PUBLIC HEARING: Purchase and Redevelopment Agreements with Tollberg Homes LLC — Resolution 2016 -03 Hogeboom explained that on December 7, 2015, the EDA called a public hearing to approve a Purchase and Redevelopment Agreement with Tollberg Homes for the purchase and acquisition of six EDA -owned residential properties. Tollberg Homes proposes to construct six single family homes on the properties, which would meet the EDA's minimum construction standards. Under this agreement, the properties will be sold to Tollberg Homes for $22,500 per lot. Approval of Resolution 2016 -03 will cover all six individual purchase agreements. In December, the EDA requested information pertaining to acquisition costs associated with these properties by the EDA. The total acquisition cost for the six properties in question was $946,400, which was expended via unobligated K -Mart Tax Increment Financing funds. As part of the "Sheffield Neighborhood Action Plan ", an additional $170,000 was granted to the City through the Community Development Block Grant program in 2010. Of that allotment, $168,442.50 was ultimately used to fund demolition costs, environmental and site remediation, and sewer and water disconnects. Error! Unknown document property name. 36 EDA Minutes Page 6 January 4, 2016 Staff recommends approval of Resolution 2016 -03, authorizing approval of the Purchase and Redevelopment Agreements with Tollberg Homes, LLC. for the acquisition of the following properties: 4606 Polk Street NE 4636 Polk Street NE 4641 Tyler Street NE 4600 Polk Street NE 4648 Polk Street NE 4618 Polk Street NE Questions from members: There were no additional questions from members. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Williams, seconded by Szurek, to waive the reading of Resolution 2016 -03, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Szurek, to adopt Resolution 2016 -03, Resolution Approving Purchase and Redevelopment Agreements with Tollberg Homes, LLC for the acquisition of certain residential lots. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-03 RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT AGREEMENTS WITH TOLLBERG HOMES, LLC. BE IT RESOLVED BY the Board of Commissioners ('Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has previously adopted a program called the Single Family Home Lot Sales Program (the "Program "), and has adopted guidelines in connection with the Program (the "Guidelines "). Error! Unknown document proper" name. 37 EDA Minutes Page 7 January 4, 2016 1.02. The Authority has received an offer from Tollberg Homes, LLC (the "Buyer ") to purchase certain properties included in the Program (the "Property "), described as attached hereto as Exhibit A, and the parties have negotiated Purchase and Redevelopment Agreements (the 'Agreements ") which provide for the conveyance of the Property to the Buyer and the construction by the Buyer of single - family homes on the Property, all pursuant to the Guidelines. 1.03. On October 21, 2015, the Planning Commission of the City reviewed the proposed conveyance of the Property pursuant to the Program and found that such conveyance is consistent with the City's comprehensive plan. 1.04. The Authority has on this date conducted a duly noticed public hearing regarding the conveyance of the Property to the Buyer, at which all interested parties were given an opportunity to be heard. 1.05. The Board has reviewed the Agreements and finds that the execution thereof and performance of the Authority's obligations thereunder, including the conveyance of the Property to the Buyer, are consistent with the Guidelines and in the best interest of the City and its residents. Section 2. Approval and Authorization of Agreements and Conveyance 2.01. The Agreements as presented to the Board and the conveyance of the Property provided for therein are hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Agreements by such officials shall be conclusive evidence of approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Agreements as a whole, including without limitation execution of any documents to which the Authority is a party referenced in or attached to the Agreements, and any deeds or other documents necessary to convey the Property to the Buyer, all as described in the Agreements. Section 3. Effective Date. This resolution shall be effective upon approval. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 4th day of January, 2016. President ATTEST: Secretary Error! Unknown document property name. 38 EDA Minutes Page 8 January 4, 2016 EXHIBIT A Property ADDRESS LEGAL DESCRIPTION PID 4606 Polk Street NE Lot 13, except the North %, the North 30 feet of Lot 25- 30 -24 -33 -0030 14, Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4636 Polk Street NE Lot 5, except the North 35 feet thereof, all of Lot 6, 25- 30 -24 -33 -0025 and the North '/2 of Lot 7, in Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4641 Tyler Street NE Lot 25 and the South 20 feet of Lot 26, Block 2, 25- 30 -24 -33 -0038 Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4600 Polk Street NE Lot 14, except the North 30 feet thereof, and Lot 15, 25- 30 -24 -33 -0031 Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4648 Polk Street NE South' /2 of Lot 2, and all of Lot 3, Block 2, 25- 30 -24 -33 -0023 Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] 4618 Polk Street NE Lot 11, and the North 10 feet of Lot 12, Block 2, 25- 30 -24 -33 -0028 Sheffield's Second Subdivision, Anoka County, Minnesota [Torrens] OTHER BUSINESS: A. January Goalsettin2- Enclosed in the agenda packets was a copy of the "Columbia Heights 2014/2015 Strategic Planning Guide" that was adopted on April 7, 2014. The goals and objectives contained in the Guide were the result of a brainstorming workshop that was held by the EDA earlier in 2014. Hogeboom told members that staff is currently in the selection process of hiring a new liaison to the EDA who will take the place of the former Assistant Community Development Director. This person is expected to begin employment later in January. Once this person is on board, he /she will lead a workshop with the EDA at which we will go over each goal in detail and discuss how it is being achieved, as well as develop further action steps. He suggested scheduling a separate meeting for this in February as he expects it to take approximately 2 hours to have a discussion to cover future development projects, TIF funding, and re- establish goals for the City. Hogeboom asked that members review the documents provided in the agenda packet in preparation for that upcoming discussion. The commission members agreed this would be a good idea. 01 EDA Minutes Page 9 January 4, 2016 Nawrocki asked Hogeboom how he expects to cover expenses of additional personnel in the department when they lost the administration revenue from overseeing Parkview Villa. Hogeboom said he re- structured the positions in the office within the same budget parameters so that staff can focus on development projects (i.e. the Rainbow Site, and the 47th and Central site), obtaining funding for the clean -up and development of the Root property and to continue purchasing properties for the scattered site program. He said the department is also taking over more of the communications oversight in regards to the website, newsletter, and social media. It was noted that the next regular meeting will be Monday, February 1 st at 6:30 in Conference Room 1. Hogeboom will also notify members of the special goal setting meeting that will be held. The meeting was adjourned at 6:58 pm. Respectfully submitted, Shelley Hanson Secretary 40 0 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: 2016 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM WITH ANOKA COUNTY (ANNUAL SCORE GRANT) 1 DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: �. BY /DATE: KEVIN HANSEN / MARCH 7, 2016 BY /DATE: BACKGROUND: MN State SCORE (Select Committee on Recycling and the Environment) continues to provide grants for recycling programs funneled through the counties. The City received the full amount of the $93,385 request per the 2015 agreement, plus an additional $3,132 of remaining year -end funds distributed by Anoka County. The 2015 SCORE tonnage report from the County (Attachment B) showed the City achieved 100% of the recycling goal. The SCORE goal for 2016 is 1,894 tons which is a 3.7% increase from 2015. ANALYSIS /CONCLUSIONS: Attached is the 2016 agreement for the Residential Recycling Program (Attachment A), or "SCORE Grant ". The SCORE agreement with Anoka County authorizes the City to apply for a base recycling reimbursement of $50,295 for eligible expenses. Again this year, the SCORE agreement has enhancement funds available for recycling programs such as drop -off center, parks and community events, multi -unit outreach, special curbside, and organics, providing an additional $40,118 in reimbursement funds. In addition, the County may reimburse up to 10% more if funds are available at year end. Public Works proposes the following additional activities, beyond the base agreement: 1. The City of Columbia Heights plans to mail an additional citywide recycling promotion this year for a total of two, and will have a recycling article in each City newsletter. Recycling promotions will also be conducted on cable channel, website, Facebook, at the City public picnic, and when requested at other various local group gatherings. 2. Refuse and recycling information is included in new homeowner packets, plus this year all residential rental property owners /managers will be mailed a packet as well. 3. The City will continue apartment manager outreach to improve recycling in their buildings. Owners /managers will receive a direct mailed packet of information concerning the City's full service refuse program and recycling promotions. Upon request, meet on site with managers and offer a packet with multi - dwelling checklists, promotion materials in several languages, and apartment recycling baskets. 4. All residential properties and apartment buildings will have single -sort recycling containers. Households will be offered a 90 gallon recycling cart for the same flat rate as the 60 gallon and apartment buildings can increase recycling service with no increase in charges to the building. 5. All parks, City Jamboree, and City facilities will have recycling containers and will not be charged for service. 41 City of Columbia Heights - Council Letter Page 2 6. In an effort to reduce improperly discarded electronics, the City will subsidize curbside electronics collection. Households will continue to be offered one "free" appliance per year collected at the curb. 7. The City will participate in a multi -city recycling day with Fridley, Spring Lake Park, and Hilltop. The City's recycling center will continue to be staffed at least once per week and accept items not recycled at the curb. 8. This year the City is offering organics drop -off at the recycling center and households are provided a free 'starter' kit consisting of a kitchen basket, household pail, and proper bags. The City may conduct a curbside pilot project depending on available grants and commercial composter options. 9. The City will also explore different curbside bulk (furniture, mattresses, and other household goods) collection programs and best practices that could work for future implementation of citywide bulk recycling services. RECOMMENDED MOTION(S): Move to authorize the Mayor and City Manager to execute the annual SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program with $90,413 in funding available to reimburse eligible recycling expenses. ATTACHMENT(S): Anoka County 2016 SCORE Letter and Agreement 2015 Municipal Recycling Report 42 Anoka County DARKS & COMMUNITY SERVICES DIVISION RECEIVED Date: January 22, 2016 JAN 2 8 2016 To: Municipal Recycling Coordinators From: Su enoll, Solid Waste Specialist PUBLIC WORKS Regarding: Municipal Contracts for 2016, Funding and Goals The 2016 Residential Recycling Agreements include a fixed base of $10,000 for each municipality and $5.00 per household. In addition, targeted program funds are available for specific program areas and funds may be used for problem materials and yard waste /organics. The household count is based on the latest population and household estimate available from the Metropolitan Council. This funding allocation is not dependent upon the receipt of the second SCORE allocation. The county will use reserve funds if the second grant payment is not received in the spring of 2016. The 2016 funding includes enhancement funds for the following program areas: Full Service Drop -off Recycling Centers — $30,000 Monthly /Quarterly Drop -off Events — $10,000 to $15,000 depending on the number of households* Park and Community Event Recycling — 51,000 to $3,000 depending on the number of households ** Curbside and Multi -Unit Recycling — $2,000 to $6,000 depending on the number of households * ** General Enhancement Grant $1/Household Organics Collection $1/Household *Up to 4,999 HH — $10,000 and 5,000 HH and up — $15,000 * *Up to 2,000 HH — $1,000; 2001— 4,999 HH — $2,000 and 5,000 HH and up — $3,000 * * *Up to 2,000 HH — $2,000; 2001— 4,999 HH — $4,000 and 5,000 HH and up — $6,000 The contract again includes a change order of up to 10% of your total allocation. The 2016 municipal recycling goal is 195 pounds per person for single family households (up to 4 units) and 170 pounds per person for multi -unit households (5 units or more). This goal reflects the estimated tonnage needed to assist the county in achieving its recycling goal as established by the State of Minnesota. The goals have been set to reflect the differences between single family and multi -unit housing. Three copies of the contract have been enclosed for signature by your municipality. Please have all three signed and fill in the 2016 Municipal Funding Request — Attachments B and C. Attachment C provides additional space to list how each category selected will be spent. Each contract must have a completed Attachment B and C. Mail all three signed copies back to our department and we will obtain remaining signatures. We would like to receive all contracts back by March so that we know what funds may be available for redistribution. Thank you for your cooperation and efforts to reduce waste and increase the amount of material recycled in our county. Please do not hesitate to contact me if you have any questions regarding this information. 43 Anoka County Contract # C0004698 2016 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2016, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY', and the CITY OF COLUMBIA HEIGHTS, hereinafter referred to as the "MUNICIPALITY ". WITNESSETH: WHEREAS, Anoka County will receive $990,178 in funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") during 2016; and WHEREAS, pursuant to legislation a portion of the SCORE funds must be used to encourage recycling of source- separated compostable materials, and Anoka County has determined that the minimum amount for this program is $85,907; and WHEREAS, Anoka County will also receive $275,635.55 in funding pursuant to Minn. Stat. § 471.8441 (hereinafter "LRDG funds ") during 2016; and WHEREAS, Anoka County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the total budget for the Residential Recycling Program is $1,390,178; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE and LRDG funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2016 through December 31, 2016, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Full Service Recycling drop -off center" means centralized permanent drop off center that is open at least two times a week and accepts at least four types of materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap metal, carpet, furniture, source separated compostables, electronics, etc. Materials will be accepted at either a discounted rate or at no cost. b. "Multi -unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. 44 c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 24a. e. "Public entity waste" as defined by Minn. Stat. § 115A.471 (b). f. "Quasi - Municipal Event" means community festivals which appear to the public to be supported and run by the municipality but in fact are sponsored or co- sponsored by an independent non - profit 501c(3) organization, for example: the Anoka Halloween Parade. g. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. h. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. i. "Refuse derived fuel" (RDF) or other material that is destroyed by incineration is not a recyclable material. j. "Source separated compostables" (commonly called "organics ") shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 32a. k. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1,894 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi -unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper (including cardboard /paperboard cartons), glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; 2 45 (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community outreach activities at municipal events to inform residents about recycling opportunities. iv. The public information components listed above shall focus on all recyclable materials and the various opportunities to recycle within the Municipality. The Municipality shall incorporate SWMCB Rethink Recycling images and use the toolkits provided when preparing promotional materials. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. v. The Municipality shall regularly attend the monthly Solid Waste Abatement Advisory Team meetings per year. vi. The Municipality shall offer one or two spring and fall clean -up /recycling drop -off event(s) where items not normally accepted at the curb are collected for recycling. If the Municipality is hosting a Monthly drop off as described in 4.b.i below, the spring /fall clean -up /recycling drop -off events may be included within that program. b. The Municipality is encouraged to expand its recycling program to include one or more of the following components in order to receive additional funding. L Organize monthly /quarterly recycling drop offs which can be held in conjunction with neighboring municipality(ies) on a cooperative basis for the citizens of both /all Municipalities. ii. Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipal sponsored or Quasi - Municipal events and festivals. The feasibility of adding organics collection at the event may also be explored and added to the event as an enhancement to the waste abatement program. iii. Provide the opportunity for citizens to engage in recycling activities at municipal and quasi - municipal facilities such as athletic fields and public centers. iv. Organize and manage a Full Service Recycling Drop -off Center. v. Develop enhanced recycling promotion and assistance for multi - units. vi. Develop additional opportunities for Source - Separated Compostables /Organics collection. c. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall work with the County to prepare a plan to achieve the recycling goals set forth in this Agreement. d. The Municipality's recycling program shall be limited to residential programming for funding reimbursements under this Agreement. The County will not reimburse 3 46 business recycling programming or household hazardous waste programming by the Municipality. Any inquiries or requests regarding these topics should be sent to the County for response. e. In addition to the above requirements designed to increase residential recycling opportunities, the Municipality shall provide recycling opportunities in all municipal buildings including but not limited to, city offices, public meeting rooms and parks, as required by Minn. Stat. § 115A.151. If items collected through the Municipal recycling program prove to be contaminated or not recyclable, those items shall be treated as public entity waste and must be processed at a resource recovery facility. 5. REPORTING. The Municipality shall submit the following reports semi - annually to the County no later than July 20, 2016 and January 10, 2017: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop -off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or land spreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2016 and January 10, 2017. Costs not billed by January 10, 2017 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $90,413.00. The project maximum for eligible expenses shall be computed as follows: a. Abase amount of $10,000.00 for recycling activities only; 4 47 b. $5.00 per household for recycling activities only; as provided according to the schedule in Attachment A for each of the following services: Full Service Recycling Drop -off Center, Spring /Fall or Monthly Drop -off events; Municipal Park Recycling; Community Event Recycling; Multi -unit Recycling; and Source Separated Compostables Collection; c. After considering the 2015 Municipal Funding Request (Attachment B) designating the additional Grant Projects that the City will undertake in the upcoming year; and d. Including an additional change order contingency of up to 10% of the total of the first three items in this list. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event the City does not undertake and complete the additional Grant Projects referenced in Attachment B. The County also reserves the ability to assess the programs and reallocate unused SCORE and LRDG funds mid -year if any participating Municipality demonstrates the need for the funding and funds are available. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, Subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, 5 48 or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this Agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. e. It is understood and agreed that the entire agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. i. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment)." The Municipality shall provide copies of all promotional materials funded by SCORE funds. The County shall provide all printed public information pieces about County programs. A Municipality shall not modify County publications related to business recycling, household hazardous waste management or the County compost sites. Information about the County's business recycling program, household hazardous waste management program or County compost sites that a Municipality plans to publish in a A 49 Municipal communication, printed or electronic, shall be provided to the County for review and approved by the County prior to publication to ensure accuracy and consistency. 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, Including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to Indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days' written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. The Remainder of this page left Intentionally blank. 7 50 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF COLUMBIA HEIGHTS By: Name: Gary Peterson Title: Mayor Date: By: Walter Fehst City Manager Date: Approved as to form and legality: By: Date: COUNTY OF ANOKA By: Rhonda Sivarajah, Chair Anoka County Board of Commissioners Date: By: Jerry Soma County Administrator Date: Approved as to form and legality. By: Kathryn M. Timm Assistant County Attorney Date: 51 G A O a` c E 3 f6a �u O C C �D O N � @ w a' al O E A w � E _ Z o le m o a c _ u t v c t W = S IR 0 0 C — O o ry r —M." tD ei N — 0 a a a z °w _ °o S Ct g _ g r a o n V' o a °m 0 F » Ic m O 'O C N LL W m N = x O C O m o x x » Id m _ m S x a a° m m v_ _ c u a a °u u ° °o °o lu lu 1 0 °° °o o S o °o °o °o m n m o << m- -- E E 3 � o E V E v � E o ° - Z _ a n - o a � w A i o � m ry F n 0 2016 Municipal Funding Request Attachment B The City of Columbia Heights is requesting the following funding for their municipal efforts in 2016. Grant Projects Eligible Allocations Amount Requested Municipal Base Funding Allocation $50,295.00 $50,295.00 Full Service Drop -off Center Allocation (Staffed or unstaffed) Monthly /Quarterly Drop -off Events $15,000.00 $15,000 Municipal Park/Community Event Recycling $3,000.001 $3,000 Multi- Unit /Curbside Recycling $6,000.001 $6,000 General Enhancement Grant $6,059.00 $8,059 (Additional promotion efforts, staffing,) Insert a description of the efforts being proposed below. Source- SeparatedCompostables /Organics $8,059.00 $8,059 Grant Total Amount Eligible Being Requested for $90,413.00 $'`90,413 2016 A aescrl tion of the efforts being proposed for the General Enhancement Grants. • The City of Columbia Heights plans to mail an additional Citywide recycling promotion this year for a total of two, and will have a recycling article in each City newsletter. Recycling promotions will also be conducted on cable channel, website, Facebook, at City public picnic, and when requested at other various local group gatherings. o New homeowner packets have refuse /recycling information included for new homeowners, plus this year all residential rental property owners /managers will be mailed a packet as well. • The City will continue apartment manager outreach to Improve recycling in their buildings. Owners /managers will receive a direct mailed packet of information concerning the City's full service refuse program and recycling promotions. Upon request meet onsite with managers where they are offered a packet with multi- dwelling checklists, promotion materials in several languages, and apartment recycling baskets. o All residential properties and apartment buildings will have single sort recycling containers. Households will be offered the 90 gal recycling cart for the same flat rate as the 60 gal and apartment buildings can increase recycling service with no increase in charges to the building. s All Parks, City Jamboree, and City facilities will have recycling containers and will not be charged for service. • In an effort to reduce improperly discarded electronics, the City will subsidize electronics curbside collection. Households will continue to be offered one "free" appliance /year collected on the curb. c The City will participate in a multicity recycling day with Fridley, Spring Lake Park, and Hilltop. The City's recycling center will continue to be staffed at least once /week and accept items not recycled at the curb. • This year the City is offering organics drop -off at the recycling center and households are provided free 'starter' kit consisting of a kitchen basket, household pail, and proper bags. The City may conduct a curbside pilot project depending on available grants and commercial composter options. The City will also explore different curbside bulk (furniture, mattresses, other household goods) collection programs and best practices that could work for future implementation of citywide bulk recycling services. The City of Columbia Heights requests "$90,413 for 2016 Municipal Funding. rata Name '1� rIe Atc"� eJ Title *these amounts should match and may not exceed eligible allocation total. This amount will be 10% less than the contract maximum for the grant. 53 2016 Municipal Funding Request Attachment C The City or Town of Columbia Heights is requesting the following funding for their municipal abatement efforts in 2016. BASE FUNDING REQUESTED jDollar Amount Administration PW Recycling Personnel 129116 Admin /Finance /Utility Billing 4Q449 that requires funding - 188100 Office Supplies 2814 Training/Mileage /Dues 1060 Subtotal $ 73,439.00 urbside Collection timated Curbside Collection Contract Costs 275288 timated Curbside Collection Revenue [Difference - 271500 that requires funding - 188100 Subtotal $ 3,788.00 Regular Drop -off Expenses Equipment - standard equipment maintenance 640 Facility costs e.g. electricty, rent, supplies 13991 Service Providers - 188100 Labor Estimated revenue -19900 Difference that requires funding $ 640.00 Subtotal $ (5,909.00} Promotion Printing 640 Postage 185633 Advertising - 188100 Incentive products Contracted performances e.g. Climb, Tricia and the Toonies $ (2,467.00) Subtotal $ 640.00 Yard Waste Special Collections Estimated Curbside Collection Contract Costs 185633 Estimated Curbside Collection Revenue - 188100 Difference that requires funding Subtotal $ (2,467.00) Problem Materials Tires Oil 305 Subtotal $ 54305.00 ADDITIONAL ENHANCEMENT FUNDS REQUESTED 55 Special Weekly Drop -off Events Equipment 5115 Service Providers /Collection Costs 1400 Labor - Staff /organizations. 10717 Other Special Monthly Enhancement Subtotal $ 17,232.00 Full Service Drop -off Center Equipment Service Providers /Collection Costs Labor - Staff /organizations Full Service Drop -off Enhancement Subtotal $ - Park Recycling -- Recycling Containers Price /container -- Recycling Bags Service Providers /Collection Costs Labor - Staff costs needed for collection 4500 Park Recycling Subtotal $ 4,500.00 Event Recycling - Please list any organics costs in organics section. -- Recycling Containers Price /container Recycling Bags Service Providers /Collection Costs Labor - Staff costs needed for collection 500 Event Recycling Subtotal $ 500.00 Special Curbside Recycling Pickups Collection Costs 3800 Subsidy to resident -- # of items collected x Special Curbside Subtotal $ 3,800.00 Multi -Unit Recycling Outreach Equipment /Promotion 600 Staff costs 4000 Multi -unit Enhancement Subtotal $ 4,600.00 General Enhancement Costs - could be used for any eligible expense Promotion /Printing /Postage /Advertising 3000 90 gal carts for HHs /city parks, facilities, and events recycling /MultiCity /Misc 5068 General Enhancement Subtotal $ 8,068.00 Organics Collection Costs Equipment -- Organics Containers /Starter Kits Price /container 900 -- Compostable Bags -- Compostable Serving Ware - cups /bowls /utensils -- Container rental /month x Service Providers /Collection Costs 2300 Labor - Staff /organizations # of hours 5000 Organics Collection Subtotal $ 8,200.00 TOTAL REQUESTED FUNDS $ 116,696.00 55 Sr O W GA •U v d CC U ..r i� �i O V c� x 0 rl O N O D` dt N o0 O O` h M Ic Lr) O •ch Ln 0 M Cl v) O, O h h N [-: N V O a` M co M O O oo ^ "t O, v� N M O a` oo r v fn a o, r C, �c - r o m o, v a r o N M oo �) 00 ^ oo x o O O\ r in r O N N_ M h O N N_ C r o0 r h O o0 O, M v� � M N Ol O` oo r co Vr N �U 7 N N ^ r N N oo oo N N 7 el C r oo M N N N Ol .O 01 �c 10 M O M o0 N oo M Lr) r. O Q, O O O, N 't O N V r ON �o 10 oo O � y C. d � 00 r O o0 N � Vr N N O vl LrI O �--i oo \O M r vi O r D, v) O N o0 oo r N M v) v) N O M C y G O a 0 0 0 0 0 0 0 0 o 0 0• o 0 0 0 0 0 0 0 \ °� V7 D\ \O M \O O✓ 00 O O` G) r Cl o0 -� M N M oo V r O O v) ^ M D1 O ^ - �O oo M o0 p ; N D` O of M C`• Vr D1 M O ^ Vr a` � ^ oo O N M ^ � M vl M O N oo -- N M N oC r O a, O N C d' O\ N r O\ oo r N N ^ oo 00 o d Q` r N C M O O\ O oo 00 00 d' N M M Q\ oo Vl M c} o v) O o V) M 00 O1 M r o0 0\ D` r GC N V O O M D, r Vr 00 M l N Ol IO ^ O` oo N ^ O M oo r D\ vl C O\ h In yr N CM •--• •-- r •-- ,-- •-- •-• N N � o0 oc CO v) CO Q, v) CY N M O N 'a M O1 )n r N o` O M oo oo ON M N r C O U N h oo N d h M Vr C oo In r oo n N a h a M M O r C7 m 00 In N M V N o0 N ^ N M r N N C o C F o v) � Ln In 'r c v Cl) M C rn o0 o r ^ ^ r o In rr 'O Q\ N 0) v oo yr O h N C M �t ^ )n v') Vr C r et O oo C M Cl) V) tt C C, oo 0o r vl r O N V N O` ^ r O ^ ^ r1 M N r � Q cri M rV d\ V M N Vr In D` Ln M M Do ^ N O1 kn r N o0 M oo O In t ^ 00 d" 7t r N v') �O h N ❑ ' ai ro o x •o c O 1 ro ro .a C N M v) 00 M Cf' oo C V 00 v) O In Vl O O\ �O oo N V - ,— C )n O1 ^ O v) r � C1 o0 oo 'n yr oo In -o I 00 O M oo N N M M N M N N �O 7 V) QA M N h N O V1 GO V VO r r-I 7 N 7 M d O F+ CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2016 -25 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2016 ZONE 2 AND STATE AID STREET REHABILITATON, CITY PROJECTS 1602 A 1605 DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN / MARCH 7, 2016 BY /DATE: BACKGROUND: Public Improvement Hearings for Zone 2 and State Aid Street Rehabilitation, Projects 1602 and 1605, were held on February 1, 2016 and March 7, 2016 respectively. The City Council ordered the improvement projects. Zone 2 is bounded by Reservoir Boulevard on the west, Stinson Boulevard on the east, 45th Avenue on the north, and 37th Avenue on the south. Zone 2 streets included in 2016 project are 41St Avenue from Reservoir Boulevard to Stinson Boulevard and 43rd Avenue from Reservoir Boulevard to Arthur Street. The State Aid Street included in the 2016 project is Jefferson Street from 40th Avenue to 44th Avenue. ANALYSIS /CONCLUSIONS: The proposed utility construction remains essentially unchanged from the work presented at the Public Improvement Hearing. In Zone 2 and on Jefferson Street minor storm /sanitary structure work and storm /sanitary sewer castings will be replaced as needed. Adjustments to water main surface structures will also be done. The proposed funding for this work is as follows: Storm Sewer Construction Fund $51,000 Sanitary Sewer Construction Fund $43000 Water Construction Fund $ 5,000 STAFF RECOMMENDATIONS Final plans and specifications for the 2016 Zone 2 and State Aid Street Rehabilitation Improvement projects are substantially complete. The bid opening is scheduled for Tuesday, April 19, 2016 with City Council award on April 25, 2016. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2016 -25, there being ample copies available to the public. Move to adopt Resolution 2016 -25 approving Plans and Specifications and ordering Advertisement for Bids for 2016 Zone 2 and State Aid Street Rehabilitation, City Projects 1602 and 1605. ATTACHMENT(S): Resolution 2016 -25 57 RESOLUTION NO. 2016 -25 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to a resolution passed by the Council on the dates stated below, the City Engineer has prepared plans and specifications for Zone 2 and State Aid Street Rehabilitation Improvements, for the following: Zone 2: Resolution Dassed February 1. 2016 41St Avenue, Reservoir Boulevard to Stinson Boulevard 43rd Avenue, Reservoir Boulevard to Arthur Street State Aid: Resolution passed March 7, 2016 Jefferson Street, 40th Avenue to 44th Avenue NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2016 Zone 2 Street Rehabilitation, City Project 1602 and 2016 State Aid Street Rehabilitation, City Project Number 1605 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, April 19, 2016 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, April 25, 2016 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. ORDER OF COUNCIL Passed this 14th day of March, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 58 C,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2016 -26 AWARDING CONTRACT FOR STINSON BOULEVARD 2016 STREET AND UTILITY IMPROVEMENT PROJECT AND APPURTENANT WORK, COLUMBIA HEIGHTS' PROJECT 1508 DEPARTMENT: Public Works CITY MANAGER' APPROVAL: BY /DATE: Kevin Hansen / March 7, 2016 BY /DATE: BACKGROUND: A cooperative agreement (JPA) was approved on June 22�d with the City of St. Anthony for street and utility improvements on Stinson Boulevard from 37th Avenue to north of 40th Avenue. This section of Stinson Boulevard is the municipal boundary between the two cities. The scope of work involves replacing the concrete street with a bituminous section along with utility improvements in each city, proposed for 2016 construction. A Public Improvement Hearing for the Stinson Boulevard Rehabilitation Project was held on March 7, 2016, with the improvements being ordered. ANALYSIS /CONCLUSIONS: Under the JPA, St. Anthony's City Engineer was responsible for the public bidding process. The consulting firm of WSB prepared specifications and plans and specifications were advertised for bids electronically through Quest Construction Data Network and MnDOT Eadvert sites. Fifteen contractors (prime and sub) requested a copy of the bidding documents. Five bids were received and publicly read aloud at the January 27, 2016 bid opening held by St. Anthony. A copy of the bid opening minutes is attached. The low bid was submitted by RL Larson Excavating in the amount of $2,059,296.95. RL Larson's bid was 5.6% under the Engineer's Estimate of $2,200,000. STAFF RECOMMENDATION: Public Works staff concurs with St. Anthony's recommendation for a contract award in the amount of $2,060,276.95* to RL Larson Excavating, Inc. of St. Cloud, MN. * Corrected by St. Anthony during bid tabulation. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2016 -26, there being ample copies available to the public. Move to adopt Resolution 2016 -26, being a resolution concurring with the City of St. Anthony Village and awarding the construction contract for the 2016 Street and Utility Improvement Project and Appurtenant Work — Stinson Boulevard, City of Columbia Heights Project No. 1508, to R L Larson Excavating, Inc. based upon their low, qualified, responsible bid in the amount of $ 2,060,276.95, with Columbia Heights share of the project to be appropriated from Fund 415 - 51508 -5185. ATTACHMENT(S): Resolution 2016 -26 59 RESOLUTION NO. 2015 -26 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, pursuant to a Joint Powers Agreement (JPA) with the City of St. Anthony, the City of St. Anthony has advertised for bids for City Project No. 1508. Bids for the Stinson Boulevard Street and Utility Improvement Project and Appurtenant Work were received, opened and tabulated according to law. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received by the City of St. Anthony complying with the advertisement: Bidder RL Larson Excavating, Inc. LaTour Construction, Inc. Northdale Construction Co Park Construction Co. SR Weidema, Inc. Base Bid $ 2,060,276.95 $ 2,082,368.90 $ 2,505,601.56 $ 2,551,726.55 $ 2,651,130.34 It appears that RL Larson Excavating, Inc. of St. Cloud, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BYTHE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The City of Columbia Heights concurs with the City of St. Anthony Village in awarding the construction contract for the Stinson Boulevard 2016 Street and Utility Improvement Project and Appurtenant Work, City of Columbia Heights' Project 1508, to RL Larson Excavating, Inc. of St. Cloud, MN according to plans and specifications therefore approved by the Council. The City of Columbia Heights portion of City Project No. 1508 shall be funded from the Fund 415 - 51508 -5185. ORDER OF COUNCIL Passed this 14th day of March, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 60 C. (H COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE FINAL PAYMENT FOR 49TH AVENUE MILL AND OVERLAY — MNDOT PROJECT NO. STP 0215(122), CITY PROJECT NO. 1415 DEPARTMENT: Public Works CITY MANAGE 'S PPROVAL: BY /DATE: Kevin Hansen / March 7, 2016 BY /DATE: BACKGROUND: The contractor has completed the 491h Avenue Mill and Overlay on the west side of Central Avenue. This project consisted of adding a right turn lane for Central Avenue by relocating the center median and the sidewalk on the south side of 49th Avenue. The bituminous surface from Jackson Street to Central Avenue was milled and overlaid. STAFF RECOMMENDATION: Staff recommends acceptance of the work and approval of final payment to Hardrives, Inc. The Engineer's Report of Final Acceptance is attached. RECOMMENDED MOTION(S): Move to accept the work for 49th Avenue Mill and Overlay, MnDOT Project No. STP 0215(122), City Project No. 1415, and authorize final payment of $12,159.23 to Hardrives, Inc. of Rogers, Minnesota. ATTACHMENTS: Engineer's Report of Final Acceptance 61 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 49"' AVENUE MILL AND OVERLAY CITY PROJECT NUMBER 1415 March 8, 2016 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Hardrives, Inc. The work consisted of adding a right turn lane for Central Avenue by relocating the center median and the sidewalk on the south side of 49th Avenue. The bituminous surface from Jackson Street to Central Avenue was milled and overlaid. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 198,003.60 CHANGE ORDERS $ 0.00 FINAL CONTRACT AMOUNT $ 198,003.60 FINAL WORK APPROVED $ 186,284.89 ALL PRIOR PAYMENTS ($ 174,125.66) BALANCE DUE $ 12,159.23 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 62 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE FINAL PAYMENT FOR 2015 UTILITY REPAIRS AND INSTALLATIONS, PROJECT NO. 1511 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / March 7, 2016 BY /DATE: BACKGROUND: The contractor has completed the 2015 Miscellaneous Utility Repairs and Installations. This work consisted of replacement or installation of hydrants, gate valves, water manhole castings, sanitary manhole, sanitary sewer pipe, storm sewer pipe, and catch basins. In addition, the water service lateral and drainage outlet for the splash pad was installed. All contract work has been completed. STAFF RECOMMENDATION: Staff recommends acceptance of the work and approval of final payment to G. L. Contracting, Inc. The Engineer's Report of Final Acceptance is attached. RECOMMENDED MOTION(S): Move to accept the work for 2015 Utility Repairs and Installations, City Project No. 1511, and authorize final payment of $6,816.93 to G. L. Contracting, Inc. of Medina, Minnesota. ATTACHMENTS: Engineer's Report of Final Acceptance 63 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2015 UTILITY REPAIRS AND INSTALLATIONS CITY PROJECT NUMBER 1511 March 8, 2016 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to G.L. Contracting, Inc. The work consisted of replacement or installation of hydrants, gate valves, water manhole castings, sanitary manhole, sanitary sewer pipe, storm sewer pipe, and catch basins. In addition, the water service lateral and drainage outlet for the Splash Pad was installed. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 238,706.50 CHANGE ORDERS $ 0.00 FINAL CONTRACT AMOUNT $ 238,706.50 FINAL WORK APPROVED $ 230,873.97 ALL PRIOR PAYMENTS ($ 224,057.04) BALANCE DUE $ 6,816.93 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 64 CH, COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2016 -27 DECLARING THE INTENT TO BOND FOR THE STREET REHABILITATION PROGRAM, PROJECTS 1602 AND 1607, AND FOR STATE AID STREET REHABILITATION PROGRAM, PROJECTS 1508 AND 1605 DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: X//� /_/'/m� BY /DATE: KEVIN HANSEN / MARCH 7, 2016 BY /DATE: 3�1 lit BACKGROUND: At the improvement hearings on February 1, 2016 and March 7, 2016, the City Council ordered the following improvements: Zone 2: 41St Avenue from Reservoir Boulevard to Stinson Boulevard, 43rd Avenue from Reservoir Boulevard to Arthur Street, and 45th Avenue from Main Street to dead end at University Avenue. State Aid: Stinson Boulevard from 37th Avenue to Silver Lane (St. Anthony) and Jefferson Street from 40th Avenue to 44th Avenue. ANALYSIS /CONCLUSIONS: Currently cash available from city inter -fund loans to fund the construction is limited. For this reason, there is a potential for bonding for the 2016 Zone 2 Street Rehabilitation and 2016 State Aid Street Rehabilitation Improvement Programs. The fact that bonding rates are at their lowest point in years makes bonding a very viable financing option. STAFF RECOMMENDATION: To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. This has been done for the Zone Street Rehabilitation construction projects since 1998. It should be noted that the resolution does not commit the City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2016 -27, there being ample copies available to the public. Move to adopt Resolution 2016 -27, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the 2016 Street Rehabilitation Program, Projects 1602 and 1607, and for the 2016 State Aid Street Rehabilitation Program, Projects 1508 and 1605. ATTACHMENT(S): Resolution 2016 -27 65 RESOLUTION NO. 2016 -27 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Internal Revenue Service has issued Tres. Reg. 1.140 -2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City ") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; 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. The City reasonably intends to make expenditures for Project Nos. 1508 and 1605 consisting of State Aid Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $325,000. The City reasonably intends to make expenditures for Project Nos. 1602 and 1607 consisting of Zone 2 Street Rehabilitation, including 45th Avenue from Main Street to dead end at University Avenue and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $217,000. 3. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law, regulating or ruling. ORDER OF COUNCIL Passed this 14th day of March, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 66 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 71 MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ACCEPT BIDS AND AWARD CONTRACT FOR LIBRARY FF &E — FURNITURE DEPARTMENT: Public Works CITY MANAGER'S PPROVAL: t BY /DATE: Kevin Hansen / March 7, 2016 BY /DATE: ' BACKGROUND: As construction is progressing on the library building, other components of the new Library also need to be initiated and ordered to be ready for the opening in June of 2016. The contract with HGA included design and project administration for FF &E — furniture, fixtures and equipment. As furniture can have a lead time of 8 -12 weeks, procurement needs to occur now to allow for an end of May 2016 installation. ANALYSIS /CONCLUSIONS: The City Council previously accepted bids for the library shelving under FF &E Bid Package 1. Bid Package 2 includes all of the furniture and equipment for both the public and staff spaces. Bids were obtained by a combination of Contract Purchasing (where the specified furniture was available) or by competitive bids. Signage was specified and while a bid was not received, staff did obtain quotes for this part of the work directly from the manufacturer. Plans and specifications were prepared by HGA and advertised on the City website, QuestCDN and the local newspaper. Five bids were received on February 24th for the manufacture, delivery, storage, and installation of furniture, fixtures and equipment for both public and staff spaces. The bids ranged from a low of $166,518 to a high of 187,249 — indicating a very competitive bidding market. It should be noted that the bid amount from iSpace was corrected by staff from the bid opening number of $160,813 to $166,518 following the bid tabulation evaluation. STAFF RECOMMENDATION: Based on the bids received, HGA Architects and Public Works staff recommend award of contracts to the vendors (multiple) and amounts detailed on the attached summary sheet. The contracts provide for delivery and installation the last week of May through June 3rd RECOMMENDED MOTION(S): Move to accept bids and award a contract for FF &E Bid Package 2 — Furniture, Fixtures and Equipment for the new City Library, City Project No. 1410, to the vendors as listed on the attached summary listing (multiple vendors) based on either contract pricing or based upon their low, qualified, responsible bid, in the total amount of $354,552.37 with funding from Funds 450 - 51410 -2010 and 450 - 51410 -5180; and, furthermore, to authorize the Mayor and City Manager to enter into contracts for the same. ATTACHMENT (S): FF &E Summary Listing Bid Opening Minutes HGA Recommendation Letter dated February 26, 2016 Furniture Plan 1400 67 FF &E BID PACKAGE 2 Summary Vendor Listing Contract Purchases: Vendor Manufacturer Amount Intereum, Inc. Herman Miller $ 7,892.62 Tim Healy & Associates Kruger International $ 13,356.46 Parameters Knoll $ 5,642.32 General Office Products Steelcase $ 57,302.76 iSpace Furniture Teknion $ 18,940.56 TOTAL $ 103,134.72 Competitive Biddin ispace Furniture Open Lines 1 $ 166,518.65 Signage: Apco Signs I APCO 1 $ 9,249.00 Case Goods: Nigon Woodworks Custom 1 $ 75,650 TOTAL $ 354,552.37 67A CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Wednesday, February 24, 2016, 2:00 p.m. Columbia Heights Library Furniture, Fixtures & Equipment City Project Number 1410 Pursuant to an advertisement for bids for Furniture, Fixtures & Equipment, City Project 1410, an administrative meeting was held on February 24, 2016 at 2:00 p.m. for the purpose of bid opening. Attending the meeting was: Kevin Hansen, City Engineer Jennifer McMaster, HGA Architects Sue Schmidtbauer, Public Works Secretary Bids were opened and read aloud as follows: Bidder Nigon Woodworks iSpace * General Office Products Parameters INTEREUM Fluid *Did not bid on all items. Respectfully submitted, Sue Schmidtbauer Public Works Secretary Signage Furnishings $ 160,813.53 $ 162,937.96 $ 172,369.86 $ 179,204.31 $ 187,249.72 Custom Caseaoods $ 75,224.00 68 February 26, 2016 Mr. Kevin Hansen Director of Public Works / City Engineer 637 38th Avenue NE Columbia Heights, MN 55421 Re: Columbia Heights Library FF &E Bid Package 2 HGA Commission Number 3624 - 001 -00 Dear Kevin: WRiI'1 R'S DIRECT DIAL, 414 - 278 -3423 We have reviewed and clarified the bid information submitted for consideration for the FF &E Bid Package 2. This consisted of a review of quantities, any deviations from the bid documents, and the confirmation of unit and extended costs. Based on this review, we are prepared to make recommendation for the award of these contracts. The original apparent low bid from iSpace did not include the cost of attic stock fabrics. Upon request and inclusion of this information, their bid remains lowest for Library Furnishings. The Bid Form Summary showing the actual bid results and the revised bid form received from iSpace has been attached for your reference. At this time, we are recommending the acceptance of the Base Bids as shown below. Future additional items may be added by Change Order. Recommendations for the award of the Contracts and the associated dollar amounts are as follows: Contract 1 Interior Signage No bid Contract 2 Library Furnishings Awarded to iSpace in the amount of $166,518.65 Contract 3 Custom Library Casegoods Awarded to Nigon Woodwork in the amount of $75,650 Since no bid was received for the Signage, HGA recommends the City of Columbia Heights purchase signage items directly from APCO Signs and solicit quotes from APCO, iSpace and Embury Limited (shelving vendor) to install the signage. Please review these recommendations and contact me if you would like any additional information. Sincerely, e1 . . ane R. Dedering, IIDA ED AP Associate Vice President Enclosure s: \3600 \3624 \001 -00 \1. general communications \correspondence \20160226- jrd -ff &c bid pkg 2.docx;kh 69 Columbia Heights Library HGA Commission Number 3624 - 001 -00 FF &E Bid Package 2 Friday, February 26, 2016 Vendor Signage 10140 Library Furnishings 12600 Custom Library Casegoods 12700 Bid Target $11,000 $184,000 $76,650 Nigon Woodworks - - $75,224 General Office Products Not complete - INTEREUM $179,204.31 Parameters $172,369.86 iSpace 166, 518.65 Fluid $187,249.72 *bid targets include 5% contingency ** library furnishings includes cost of attic stock fabric 70 ox V 7a --------------------------- 0 11181, ROB! €tt A ------------------------ --------------- : IGO to; Cpl CC Nr IGO to; Cpl b COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7J MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ACCEPT BIDS AND AWARD CONTRACT FOR LIBRARY TECHNOLOGY DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / March 7, 2016 BY /DATE: BACKGROUND: As construction is progressing on the library building, other components of the new Library also need to be initiated and ordered to be ready for the opening in June of 2016. The City's IS staff has prepared a detailed listing of Technology items to be installed in the new library. As large orders of computer related equipment can have a lead time of 4 -6 weeks, procurement needs to occur now to allow for a mid -May 2016 delivery and installation, and to allow enough time for testing and training. ANALYSIS /CONCLUSIONS: Part of the overall project budget for the library included "Technology." This description includes both public and staff computers and monitors, servers, public and staff printers, VOIP telephones, software and Smart Bins. Pricing was obtained through a combination of Contract Purchasing (where the specified equipment was available) or by competitive quotes. The Smart Bins were bid by the Anoka County Library system — we are purchasing the same brand and model in order to continue to partner with ACL to provide library services to the community (as previously noted in the February 8th council report by the Library Director for RFID). The total bid is $147,898 which is consistent with the budgeted amount of $150,000. STAFF RECOMMENDATION: Based on the bids received, IS and Public Works staff recommend award of contracts to the vendors (multiple) and amounts detailed on the attached summary sheet. The contracts provide for delivery to the City beginning mid -May. RECOMMENDED MOTION(S): Move to accept bids and award a contract for Library Technology Equipment for the new City Library, City Project No. 1410, to the vendors as listed on the attached summary listing (multiple vendors) based on either contract pricing or based upon their low, qualified, responsible bid, in the total amount of $147,898 with funding from Funds 450 - 51410 -2011 and 450 - 51410 -5180; and, furthermore, to authorize the Mayor and City Manager to enter into contracts for the same. ATTACHMENT(S): Price Listing — Prepared by IS Department 72 Technology Costs for the new City of Columbia Heights Library Rev.03/07/16. Prepared by the City of Columbia Heights IS Department. Item Model (for ordering purposes) Price Qty Cost Vendor WORKSTATIONS/ SERVERS/ PRINTERS Public workstations (thin clients) G4S77UT #ABA HP t620 Flexible Thin Client (wireless, 1 display port, better graphic) $ 506 26 $13,156 Works Computing Public Workstations (physical PCs) Dell OptiPlex 920 MFF: 8 GB RAM, 128 GB SSD, Wi -Fi 802.11ac, $ 900 2 $1,800 Sterling Computers Staff workstations (thin clients) F5A55AT #ABA HP t620 Flexible Thin Client (2 display ports, no wireless) $ 469 9 $4,221 Works Computing Staff workstations (laptops) Dell Latitude E6440 $ 1,500 3 $4,500 Sterling Computers Monitors with cables 20" ViewSonic VG2039M $ 155 46 $7,130 CDW -G DVD readers /writers LG AP70NS50 $ 50 13 $650 NewEgg Tabletop panel with connectors Monoprice #106437 $ 10 26 $260 NewEgg Public MFP Sharp MX -3570N $ 6,998 1 $6,998 Marco Inc Coin -Op, with cable to printer $ 2,300 2 $4,600 Marco Inc Public printer HP M533DN Laser Jet $ 1,350 1 $1,350 Marco Inc Staff MFP Sharp MX -3570N $ 8,072 1 $8,072 Marco Inc Staff printer HP M533DN Laser Jet $ 1,350 1 $1,350 Marco Inc Microfilm machine ScanPro 1100 $ 8,000 1 $8,000 Mid - America Barcode scanner Taotronic TTBS003 $ 36 9 $324 Amazon Wireless APs, with management licenses HP Aruba IAP -205 $ 548 6 $3,288 Works Computing Support for APs NBD support for IAP -205 $ 110 6 $660 Works Computing UPS - servers and network equipment APC UPS 3000RM + AP9630 $ 1,530 1 $1,530 CDW -G UPS - mobile service station APC UPS BR150OG $ 170 1 $170 CDW -G VDI servers HP servers per Works Computing quote, incl. 3 -yr support $ 10,870 2 $21,740 Works Computing 73 Item Model (for ordering purposes) 7Price Qty Cost Vendor PHONES VolP phones at staff workstations Reuse Existing $ - 9 $0 VoIP phones - new Mitel 5330e $ 195 2 $390 Marco Inc External Callbox TBD $ 400 1 $400 CDW -G Wireless VoIP phone Mitel 5610 Cordless IP Dect $ 310 1 $310 Marco Inc Network switch - chassis HP E5406zl (J9539) $ 6,000 1 $6,000 $2,750 CDW -G CDW -G Network switch - expansion module HP J9535A $ 2,750 1 Network switch - fiber transceivers HP J4859C $ 550 4 $2,200 CDW -G Network switch - second power supply HP J9306 $ 900 1 $900 CDW -G SOFTWARE: VDI license VMWare Horizon View - license (sold in 10- packs) $ 2,300 4 $9,200 SHI VDI support Microsoft Windows license VMWare Horizon View - support (sold in 10- packs) $ 625 $ 100 4 35 $2,500 $3,500 SHI SHI Microsoft Virtual Device Access license Microsoft Office Standard 2016 license Mfr Part # 021 - 10559, SHI Part # 31180770 $ 243 38 $9,234 SHI CybrariaN Site license $ 4,000 1 $4,000 CybrariaN Bill and Coin -op Site license $ 2,500 1 $2,500 Marco Inc Antivirus Soiphos vShield license $ 67 35 $2,345 SHI SMART BINS: Smart Bin with control box, Battery, Brake- 45007750B $ 3,840 3 $11,870 TOTAL: $147,898 74 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7K MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ACCEPT BIDS AND AWARD CONTRACT FOR REHAB OF WATER TOWER, PROJECT 1507 DEPARTMENT: Public Works CITY MANAGER'S A PROVAL: l BY /DATE: Kevin Hansen / March 7, 2016 G BY /DATE: Background: Plans and specifications were prepared and advertised for bids in the Sun Focus on February 19, 2016 and in Finance and Commerce (trade journal) on February 26, 2016. The project was also advertised electronically through Quest Construction Data Network and the Builders Exchange. Nine contractors requested a copy of the bidding documents. Six bids were received and publicly read aloud at the March 9, 2016 bid opening. A copy of the bid opening minutes is attached. Issues: The work will involve structural and corrosion repairs to the tower, removing the interior and exterior paints and applying new coating systems to both the interior and exterior metal. A new city logo and city name will be applied to the tank. During removal and painting, the water tower will be 'draped' to contain any waste products or overspray during the work. The contract calls for work to be completed in 10 weeks, but to obtain the best bids possible we allowed flexibility during the season for when the work may begin. The schedule will be determined after contract award. Separately, staff is working with the communications carriers on the tower to coordinate removal of their equipment, establish temporary facilities, and reinstall the antennas when the tower recoating is nearing completion. The apparent low bid was submitted by Odland Protective Coatings of Rockford MN, in the amount of $361,600. As The bidding documents included a $15,000 allowance for the access and security control of the tower and pump station 3. The responsive base bid was 19.2% under the Engineer's Estimate of $450,000. Add Alternate bids were included to provide: 1) complete (in lieu of spot) sandblasting of the interior tank (wet), and 2) replace a landing on the interior of the tank. Add Alternate 1 replaces line item 8 in the base bid — so the actual cost is the difference between the two. Based on the bids received, staff recommends acceptance of Add Alternates 1 only. The project had an original estimate of $550,000 when bonded in 2013. A summary of the bids is as follows: Bidder Base Bid Add Alt 1 Bid Item 8 Add Alt 2 Odland Protective Coating $361,600 $ 45,000 ($15,000) $ 5,000 Osseo Construction Co $442,325 $ 54,000 ($8,000) $ 37,000 TMI Coatings, Inc $453,000 $ 34,000 ($31,000) $ 9,500 LC United $476,650 $ 54,000 ($36,000) $ 32,000 Classic Protective Coatings $584,150 $ 35,000 ($44,500) $ 11,000 M.K. Painting $637,800 $ 45,000 ($15,000) $ 20,000 The project engineer, Bolton -Menk has past project experience with Odland Protective Coatings and their 75 City of Columbia Heights - Council Letter recommendation letter is attached. Page 2 RECOMMENDED MOTION(S): Move to accept bids and award a contract for the Water Tower Rehabilitation, City Project No. 1507, to Odland Protective Coating based upon their low, qualified, responsible bid in the amount of $361,600, and add Alternate 1 in the amount of $30,000 for a total contract award of $391,600, with funding from Fund 651 - 51507 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. ATTACHMENT(S): Bid Opening Minutes Bolton & Menk Recommendation Letter 76 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Wednesday, March 9, 2016, 2:00 p.m. Water Tower Rehabilitation City Project 1507 Pursuant to an advertisement for bids for the Water Tower Rehabilitation, City Project 1507, an administrative meeting was held on March 9, 2016 at 2:00 p.m. for the purpose of bid opening. Attending the meeting was: Steve Nelson, Bolton & Menk, Inc. Kevin Hansen, City Engineer Sue Schmidtbauer, Public Works Secretary Bids were opened and read aloud as follows: Respectfully submitted, Sue Schmidtbauer Public Works Secretary 77 Base Bid with Bidder Base Bid Alt. 1 Alt. 2 Alt. 1 and Alt. 2 Odland Protective Coatings $ 361,600 $ 45,000 $ 5,000 $ 411,600 Osseo Construction Co. $ 442,325 $ 54,000 $ 37,000 $ 533,325 TMI Coatings, Inc. $ 453,000 $ 34,000 $ 9,500 $ 496,500 LC United $ 476,650 $ 54,000 $ 32,000 $ 562,650 Classic Protective Coatings $ 584,150 $ 35,000 $ 11,000 $ 630,150 M.K. Painting $ 637,800 $ 45,000 $ 20,000 $ 702,800 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 77 m � March 10, 2016 BO I__TON a I4 F== N K , Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433 -2851 • Fax (763) 427 -0833 www.bolton- menk.com Kevin Hansen Director of Public Works / City Engineer 637 38 " Ave NE Columbia Heights, MN 55421 RE: 250,000 Gallon Tower Rehabilitation Columbia Heights, MN Bid Evaluation BMI Project Number: R22.111289 Dear Kevin: NCB Bids were received at Columbia Heights Municipal Service Center at 2:00 p.m. on Wednesday March 9, 2016 and are summarized below: * * - Alt -1 if selected would be performed in lieu of Bid Item No. 8. So cost increase would be Alt -1 —Bid Item No. 8. The specifications and bid documents did not contain any wording or ambiguities so as to force the Contractor to build in additional contingencies. We feel that the bids received were competitive and responsive and rebidding of the project would not provide any cost savings. Odland Protective Coatings is the lowest responsive and responsible bidder. A Bid Bond for 5 %/ of the bid was included with their bid. There was no addendum issued for the project. DESIGNING FOR A BETTER TOMORROW 78 Bolton & Menk is an equal opportunity employer ALTERNATE TOTAL Alt_1 ** PROJECT BID TOTAL CONTRACT BIDDERS BASE BID Complete Sandblast ITEM AMOUNT WITH PRICE and Reconditioning of No. 8 ALTERNATE Alt _1 Tower (Interior -Dry) 1 Odland Protective $361,600 $45,000 $15,000 $391,600 Coatings 2• TMI Coatings Inc. $453,000 $34,000 $8,000 $479,000 3 Osseo Construction 1 $459,025 $54,000 $31,000 $482,025 Co. 4. LC United Painting 476,650 $54,000 $36,000 $494,650 5 Classic Protective $584,150 $35,000 $44,500 $574,650 Coatings 6• M.K. Painting $637,800 $45,000 $15,OOOT $667,800 * * - Alt -1 if selected would be performed in lieu of Bid Item No. 8. So cost increase would be Alt -1 —Bid Item No. 8. The specifications and bid documents did not contain any wording or ambiguities so as to force the Contractor to build in additional contingencies. We feel that the bids received were competitive and responsive and rebidding of the project would not provide any cost savings. Odland Protective Coatings is the lowest responsive and responsible bidder. A Bid Bond for 5 %/ of the bid was included with their bid. There was no addendum issued for the project. DESIGNING FOR A BETTER TOMORROW 78 Bolton & Menk is an equal opportunity employer Kevin Hansen Columbia Heights 250,000 Gallon Water Tower Rehabilitation March 9, 2016 Page 2 Evaluation of Alternate Alt 1: Alt 1 - Complete Sandblast and Reconditioning of the Tower (Interior Dry • Alt_1 ($45,000), if selected, would be performed in lieu of Bid Item No. 8 ($15,000). • The net increase associated with approving Alt-1 would be $30,000 ($45,000 - $15,000 = $30,000). • Awarding Alt-1 provides the City an essentially new tower for a very good overall price. We recommend that the contract be awarded to Odland Protective Coatings with Alternate Alt_I for the contract amount of $391,600. Sincerely, BOLTON & MENK, INC. 'V47�" Steve Nelson, P.E. Project Manager H:\COLHTS\R22111289\6_Plaiis-Specs\B_Bid Tabulation\Bid Evaluation Letter R22_111289 250Tower.doc DESIGNING FOR A BETTER TOMORROW 79 Bolton & Menk is an equal opportunity employer CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7L MEETING DATE March 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Consideration of Resolution adopting the State of Minnesota General Records Retention Schedule DEPARTMENT: Administration CITY MANAGER'S Af PROVAL: BY /DATE: Katie Bruno BY /DATE: BACKGROUND: The purpose of a records retention schedule is to provide a plan for managing government records by giving continuing authority to dispose of records under Minnesota Statutes section 138.17. The State has provided a City General Records Retention Schedule which establishes minimum retention periods for city records based on their administrative, fiscal, legal and historical value. It lists records series common to cities and identifies how long to retain them. A revised schedule was updated by city clerks and officials representing the Minnesota Clerks and Finance Officers Association (MCFOA) in July, 2013, and can be viewed at: www.mcfoa.org/vertical/sites/%7BO67FFB58-E3CD-42BA-9FB1- 11EFC7933168%7D/uploads/General Records Retention Schedule for MN Cities - July 2013.pdf The City Council adopted the current Columbia Heights Records Retention Schedule on November 22, 1999. It appears the current schedule is modeled after the State's City General Record's Records Retention Schedule with some modifications throughout, examples of which are attached. Staff is proposing the City update our current Records Retention Schedule to mirror the State's model Schedule, minus the Police section as they use Anoka County's retention schedule due to their software and data sharing, for consistency and defensibility purposes. This item was presented to the Council at the January 25, 2016 Council meeting, at that time the item was tabled. Division Heads were asked to review the State's Retention Policy. Finance Director Joe Kloiber and Community Development Director Joe Hogeboom provided feedback. The council also discussed the proposed schedule at the March 7th worksession. A comparison chart is attached, showing a small sampling of records. According to the Minnesota Historical Society, 75% of cities have adopted the State's schedule. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution Number 2016 -13, there being ample copies available to the public. MOTION: To adopt Resolution 2016 -13, adopting the General Records Retention Schedule for Minnesota Cities, and to submit notification to the Minnesota Historical Society. ATTACHMENTS: Resolution No. 2016 -13 Comparison Chart 80 RESOLUTION 2016 -13 ADOPTING THE "MINNESOTA GENERAL RECORDS RETENTION SCHEDULE FOR CITIES" WHEREAS, to comply with the Records Management Statute MS 138.17, it is necessary to adopt a plan for managing governmental records including the proper retention and disposal of municipal records; and WHEREAS, the Records Management Statute MS 138.17 establishes the Records Disposition Panel and requires all government entities to follow an orderly process in retaining and disposing of government information; and WHEREAS, the State of Minnesota has approved for use by all Minnesota Cities the "Minnesota General Records Retention Schedule for Cities" which authorizes cities adopting said schedule an orderly method of disposing of municipal records; and WHEREAS, the "Minnesota General Records Retention Schedule for Cities" is regularly updated. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Columbia Heights, Minnesota hereby adopts the Minnesota General Records Retention schedule and directs the City Clerk to notify the Minnesota Historical Society /State Archives Department. BE IT FURTHER RESOLVED that following state approval, City Departments (with the exception of the Police Department) are directed to provide for retention and destruction of records as set forth in said schedule and its subsequent revisions. Adopted by the City Council of the City of Columbia Heights, this 14th day of March, 2016 Gary Peterson, Mayor Attest: Katie Bruno, City Clerk 81 Title Section # City of Columbia Heights Section # State of Minnesota ADMINISTRATION Agenda Packets 00400 Permanent 00500 Permanent Appointment Files 00700 2 years after appointed period 01100 2 years after appointed period ASSESSING Appraisals- Property 00100 6 year 00200 6 Years BONDS Payment Bonds 00100 6 years after completion of contract 00900 6 years after completion of contract BUILDING INSPECTIONS Certificate of Occupancy 00400 Permanent 00400 Permanent HVAC Inspection Record 00900 10 years 00800 Permanent CONTRACTS Developers Agreements 00400 10 years 00400 10 years Equipment Contracts 00500 1 year after disposal 00500 Length of ownership & after audit ELECTIONS Ballots Not included 00500 22 months Polling Place Rosters 01700 2 years 01700 22 months FINANCE Accounts Receivable 00300 10 years 00300 6 years Audit Reports 00900 1 year 00900 7 years FIRE Haz mat Accident Reports 00700 Permanent 01200 Permanent Fire Relief Association Minutes Not included 01100 Permanent HRA CDBG Loans 00200 3 years after loan is closed 00300 3 years after loan is closed Property Acquisitions 00900 10 years after resale 01200 10 years after resale HUMAN RESOURCES Grievance Files 01900 Permanent 01900 5 years after termination Applications -Not Hired 00500 1 year 00500 1 year INSURANCE Certificates of Insurance 00400 6 years after expiration 00400 6 years after expiration Workers' Compensation Claims 01600 Permanent 01550 20 years LIBRARY Donor Records 00500 Permanent 00700 Permanent Lost item Reimburs. Records 00700 3 years 01100 3 years LIQUOR Advertising Flyer 00100 1 year 1 00100 1 year Price List 01100 Until superseded 01100 Until superseded PARK & RECREATION 82 Park Master Plan 00900 Permanent 00900 Permanent Participation Log 01000 2 years 01600 3 years PAYROLL Cancelled payroll checks 00300 6 years 00300 6 years Timesheets 01400 6 years 1 01400 6 years PERMITS /LICENSES Contractor Licenses 01100 5 years after expiration 01100 6 years after expiration Cigarette /tobacco license and applications 0900 5 years after expiration 0100 6 years after expiration PLANNING Annexation Records 00100 Permanent 00100 Permanent Site plan -not approved 01600 10 years 02000 10 years PUBLIC WORKS /ENG. Demolition Records 00300 10 years 00300 30 years Plans /Specifications 01100 6 years 01100 6 years PUBLIC WORKS /MAINT. Daily Work Schedule 00700 1 year 00700 1 year MNDCT Correspondence 01700 6 years 01700 6 years RECORDS MGMT. Procedures 00400 Until superseded 00400 Until superseded Records Retention 01000 Until superseded 01000 Until superseded UTILITIES Meter reading cards /sheets 2000 3 years 2000 3 years Water main break records 3200 Permanent 3200 Permanent WASTE MGMT. MSDS Sheets 0900 30 years 0900 30 years Recycling brochure 1300 Until superseded 1600 Until superseded 83 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7M MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Consideration of Appointments to Advisory Commissions DEPARTMENT: Administration CITY MANAGER'S APPROVAL:, n - BY /DATE: Katie Bruno BY /DATE: BACKGROUND: ' / The City has nine commissioners on various commissions with terms expiring in April 2016. All nine have expressed interest in continuing to serve. Commissioner Grace Lee resigned from the Planning & Zoning Commission on January 5, 2016. Commissioner Charles Tyler resigned from the Traffic Commission in October 2014. Both members have moved out of the city. The City advertised for the openings, and received applications from four residents. Council interviewed all four of the applicants on February 22, 2016. The council further discussed appointments at the March 7 1 worksession. Recommendation: It is recommended that the council make the following appointments: Reappointment of Commissioners with expiring terms: Traffic Commission Term Expires Term Length Leonard Olson 4 -1 -2020 4 years Library Board Nancy Hoium 4 -1 -2019 3 years Patricia Sowada 4 -1 -2019 3 years Planning & Zoning Marlaine Szurek 4 -1 -2020 4 years Connie Buesgens 4 -1 -2020 4 years Park & Recreation Bruce Evans 4 -1 -2021 5 years Marsha Stroik 4 -1 -2021 5 years Kevin McDonald 4 -1 -2018 2 years David Payne 4 -1 -2018 2 years New Appointments: Nick Novitsky (Traffic Commission) 4 -1 -2019 (Completing vacated 4 year term) Adam Schill (Planning & Zoning Commission) 4 -1 -2017 (Completing vacated 4 year term) RECOMMENDED MOTION(S): MOTION: Move to appoint volunteers to serve on various commissions as recommended. 84 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7N MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Consideration of Change in Polling Place- Precinct 3 DEPARTMENT: Administration CITY MANAGER'S APPROVAL: /_ Z BY /DATE: Katie Bruno BY /DATE: ( 14 L BACKGROUND: For several years the City has had eight Election Precincts, at the following assigned Polling Places: 1. John P. Murzyn Hall 2. Immaculate Conception Church 3. Parkview Villa 4. Highland Elementary 5. First Lutheran Church 6. Highland Elementary 7. Valley View Elementary 8. Valley View Elementary Parkview Villa is currently undergoing interior renovations, and we have not been able to confirm if they will be able to support an election. Parking at the location is very limited, with the majority of the parking lot spaces reserved for residents. This often requires voters to park on the highly traveled 401h Ave. The City sold Parkview Villa in 2015, and no longer has the same connections. With the planned opening of the new library in June, 2016, council is asked to consider changing the polling location to the new library. The community room would provide ample space for voting, accessibility is excellent and the parking is ample. The council discussed the proposed location change at a worksession on March 7, 2016. If Council should approve the change; Anoka County will send out postcards to all registered voters in Precinct 3 informing them of the change in polling location. The City will be responsible for cost of postage for this mailing, which is anticipated to be approximately $450. Funds are available in the election budget, and if necessary; contingencies. RECOMMENDED MOTION(S): Motion to designate the New Columbia Heights Library, located at 3939 Central Ave NE as the official election polling place for Precinct 3 for future City, County, State and Federal Elections. ATTACHMENTS: Resolution No. 2016 -21 Current Precinct Map 85 RESOLUTION NO. 2016 -21 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, RESOLUTION DESIGNATING CHANGE IN POLLING PLACE, PRECINCT #3 WHEREAS, Resolution No. 76 -65 established nine precinct boundaries for the City of Columbia Heights, and WHEREAS, Resolution No. 92 -41 reduced those precincts from 9 to 8, and WHEREAS, the City has previously used Parkview Villa for Precinct 3, and the City no longer owns Parkview Villa, and WHEREAS, the City is building a new library within the precinct boundaries, and WHEREAS, State law requires that the City Council designate polling locations by Resolution ORDER OF COUNCIL BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, in compliance with the terms and provisions of Minnesota Statutes Section 20413.16, the polling location for Precinct 3 is hereby established at the Columbia Heights Library, located at 3939 Central Ave NE for 2016 an all future elections. Passed this 14th day of March, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 86 t 1 v�1 1�IIIVI ��� ti N LT . _ ga z� �S Y XTICIMA 40 A.U-) r — 2 a [� Fn O O O °� oD ;:,, J U oU W ^ � U S° cm n co o ti N LT . _ ga z� �S Y XTICIMA 40 A.U-) r — \ i V i O O °� nb o A U S° cm n co o V U ° r N m gt zZ' cu 2.: UZ �z 1= EiZ LL, Z. w. w. n aE> L L w L NQ NQ U z e i fi a a a 00000000 C O � m _ _V U� � awc7 \ i V i C;� COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 70 MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Purchase and Installation of Warning Sirens DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: 3 /1 Background: The City of Columbia Heights currently has four warning sirens. Two of the sirens were purchased and installed in 1995. The other two sirens were purchased and installed in 1973. These two older sirens are 43 years old and have maintenance problems that have brought them to the end of their useful life. In 2015 the Fire Department had mapping done using technology that included topography. The mapping showed that the current locations of the sirens did not adequately cover the entire City, especially the southeast quadrant. Using this mapping technology we looked for the best locations for four sirens to give complete coverage to the City. To achieve this goal the 1995 rotating siren at Ramsdell Park will remain as is. The 1973 siren at 49th Ave and Washington St. will be changed to a new rotating siren. The 1995 siren at 41s' and Van Buren will be moved to 41St Ave between Washington St. and 7th St. The 1973 siren at 40th and University will be removed. A new rotating siren will be installed at Ostrander Park along 40th Ave. Staff has received quotes from three companies for two new Federal 2001 -130 rotating sirens and control boxes. These are the modern version of our 1995 rotating sirens. Staff has also received two quotes for the installation and moving of the sirens as needed. The total amount is within the approved budget amount of $46,000. Public Works will perform the ground restoration as needed. STAFF RECOMMENDATION: Approve the purchase of sirens and equipment from Federal Warning Systems of Rochester, MN per their qualified quote of $22,470.00 and approve the removal /installation of the siren equipment by Ready Watt Electric of Nowthen, MN per their qualified quote of $21,768.00. RECOMMENDED MOTION(S): Move to approve the purchase of siren equipment from Federal Warning Systems, Inc. in the amount of $22,470.00 and the removal /installation of the siren equipment by Ready Watt Electric in the amount of $21,768.00. ATTACHMENTS: Federal Warning Systems, Inc. Quote Ready Watt Electric Quote 88 QUOTATION rir FEDERAL SIGNAL CORPORATION Federal Warning Systems Name City of Columbia Heights Co. Name Fire Chief Gary Gorman Address 825 41St Ave. NE City, State, zip Columbia Heights MN 55421 Phone No. 763 -708 -8152 Fax No. Gary. Gorman @ci.columbia- heights.mn.us �a Quotation No.: FWS 1215151025 Reference quote no. on your order Date 12/15/2015 Reference CUSTOMER COPY SALESPERSON COPY OFFICE COPY Item No. Qty. Federal Model /Part No. Description Net Cost Each Total Cost 1 2 2001 -130 130 db Rotating Mechanical Siren $7,260.00 $14,520.00 2 2 DCB DC Control /Batter Cabinet/4 Chargers 3,455.00 6,910.00 3 (2) 48VDC Contactors /NEMA Aluminum 4 Cabinets. No Control Board /Receiver. Heal 5 Ruff Radio Controls from existing to be used 6 1 MISC. Shipping from Factory 1,040.00 7 8 1 TOTAL Equipment & Shipping $22,470.00 9 10 11 *Does not include Healy Ruff Radio Control/ 12 Holding Relay 13 14 *Does not include removal of existing sirens being 15 replaced or installation of new on Class 2 Wood 16 Poles with 4 Deep Cycle Batteries 17 18 19 20 Prices are firm for 30 days from the date of quotation unless shown otherwise. Upon acceptance, prices are firm for (days / months). This quotation is expressly subject to acceptance by Buyer of all Terms stated on the reverse' . hereof, and any exception to or modification of such Terms shall not be binding on Seller unless expressly accepted in writing by in authoriz agent r Officer f Seller. Any order submitted to Seller on the basis set forth above, in whole or in part, shall constitute an acceptance by Buyer of he Terms n this a th reverse side hereof. Any such order shall be subject to acceptance by Seller in its discretion. If the total price for the item set forth a ove ex e�$50,000 then this quotation IS ONLY VALID if countersigned below by a Regional Manager of the Signal Division, Federal Sig *AI Qorpo ion. f ,` F.O.B. University Park, IL EST. DEL. WT. DELIVERY 6 — 8 Weeks (ARO) TERMS NET 30 DAYS Equipment FREIGHT TERMS See Line Item Above BY: ADDRESS: Federal Warning Systems, Inc. 1708 3 Ave. SE Rochester, MN 55904 BY: TITLE: Federal Signal / Countersigned Purchase order MUST be made out to: Federal Signal Corporation, Federal Warning Systems, 2645 Federal Signal Drive, University Park, IL 60484 Ready Watt ELECTRIC 21269 Jarvis Street NW Nowthen, MN 55330 Phone 763- 241 -4944 Fax 763- 241 -5245 www.readywattelectric.com RSchiller@readywattelectric.com I Name /Address I City of Columbia Heights 825 — 41st Avenue NE Columbia Heights MN 55421 Attention: Fire Cheif Gary Gorman Description Siren #2 - No work Siren #1- Allen 4041 Van Buren St NE move to 42nd & Washington Estimate Date Estimate # 1/27/2016 16 -400 Project 16 -400 Siren Work Siren #3 - 4855 Washington Street NE- Remove all old siren equipment, install new siren, battery control box, re -use Healy Ruff. Siren #4- 322 40th Avenue NW- Remove all old siren equipment and discard. Re -use pole, Healy Ruff and install new siren , battery box new location Polk Street NE Price includes batteries, electric permit, electrical parts, labor, start up ect. Price does not include Power Co charges, dirt restoration, snow removal or un- augarable soil conditions if any. If there are any additional questions please call me. Bob Schiller 612 - 282 -4840 Over 40 years of Civil Defense Siren experience, installation, maintenance, and consulting. We look forward in doing business with you, Bob Schiller, Siren Coordinator 612 - 282 -4840 Tota 1 $21,768.00 ACCEPTANCE OF PROPSAL (must be signed and returned for work to begin) NOTE: This propsal may be withdrawn by Ready Watt Electric if not accepted with in 15 days. The above prices, specifications and conditions are satisfactory and are herby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. 90 Signature CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7P MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: March 9, 2016 BY /Date: 0 BACKGROUND /ANALYSIS Attached is the business license agenda for the March 14, 2016 Council meeting. This agenda consists of applications for 2016 Contractor Licenses and a Temporary Liquor License for Immaculate Conception Church for the May 6t' event. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 14, 2016 as presented. 91 Mar 14, 2016 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL March 14, 2016 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2016 BLDG Piperight Plumbing 10710 Mississippi Blvd, Coon Rapids $60 *Roll -Tec Installations 772 13t Ave, Foley $60 *3 -D Heating & AC 206 Jefferson Ave NW, Watertown $60 Chan's Consulting LLC 7842 12th Ave So, Bloomington $60 Owens Companies 930 E 80th St, Bloomington $60 *C & M Heating 13862 Wintergreen St, Andover $60 *Nameless Signs Co 9639 Wyoming Circle, Bloomington $60 *Heidelberger Enterprises 30132 105th St NW, Princeton $60 *Royal Flush 22541 Typo Creek Dr, Stacy $60 *Hoffman Ref & Htg 5660 Memorial Ave N, Stillwater $60 *Building Solutions Group 204 4th St S, Bayport $60 *Plumbing West Inc 23248 Walden Ave, Hutchinson $60 *Twin City Sign Install 14333 Ural St NE, Ham Lake $60 *Erickson PI & Htg 147192 nd Lane, Blaine $60 *Captain Plumbing Services 7307 Co Rd 5, Princeton $60 *Elite Contractors 3160162 nd Ln NW, Andover $60 *EMC Services Inc 321 Dean Ave E, Champlin $60 *Nick's Tree Service 9000 Foxline Dr, Corcoran $60 *Arbortech Stump /Tree 6332 Rhode Island Ave N, Brk Pk $60 *Mike's Dirtworks 7606 322st St, St Joseph $60 TEMPORARY LIQUOR *Immaculate Conception Church 4030 Jackson St $100 May 6, 2016 event 92 Page 2 i- 2 W 2 m J O LL O U V H 't w x z � oaf z o w H � w q c7 Qz z °O� H Z W ry a. 11J w U Z z Fl- 0 N U L C� 11C LL �O r1 Z LL) W J_ U Z D O U C) C� Q w O0 Y Q Z ZO Z Q D LL O LL O U O LL LLJ Z O Q � � �— O H U � O N U = 0) N C E O E O OU U O L Q- L E U � a) CO a ( LU •> Q a) m L � U O H U O U U i 0 Sri cn d m N ti ca N ti � O N 2) _N _ U a) O 75- VJ 0 d) O m O N (D �. 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DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck, March 7, 2016 BY /DATE- BACKGROUND: This past November, the City Council voted to approve Emergency Interim Ordinance No. 1622, imposing a moratorium on all auto related uses throughout the City of Columbia Heights for 6 months (180 days). The moratorium was approved to allow for City staff to study the need for changes to the City's Zoning Code as it relates to auto uses. Staff is proposing Ordinance No. 1626, which includes changes to the City's Zoning Code that would restrict where auto uses can locate and require a minimum lot size. The proposed Ordinance would disallow all auto uses in the Central Business Zoning District and require that any new auto related development be located on a lot with a minimum size of one acre. The proposed Ordinance requires two public hearing readings to be held on March 14th, 2016 and March 28th, 2016. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance No. 1626 on first consideration. RECOMMENDED MOTION(S): Motion: Waive the reading of Ordinance No. 1626, there being ample copies available to the public. Motion: Move to establish the second reading of Ordinance No. 1626, amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights, for Monday, March 28th, 2016 at approximately 7:00pm in the Council Chambers of Columbia Heights City Hall. ATTACHMENTS: 1. Ordinance No. 1626 2. Zoning Map 104 March 14th, 2016 City Council Meeting ORDINANCE NO. 1626 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO AUTOMOTIVE RELATED USES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Chapter 9, Article I, Section 9.110 (F) (3) (c), City Code of 2005, as it currently reads, is hereby amended as follows: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in §9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (d) Outdoor sales and /or display. (e) Outdoor storage. (f) Parking ramp. (g) Club or lodge. (h) Fences greater than six feet in height. 105 Section 2: Chapter 9, Article I, Section 9.110 (F) (3), City Code of 2005, shall hereafter read as follows, to wit: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Outdoor sales and /or display. (d) Outdoor storage. (e) Parking ramp. (f) Club or lodge. (g) Fences greater than six feet in height. Section 3: Chapter 9, Article I, Section 9.107 (3) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (3) Automobile convenience facility. (a) The use shall be served by a major collector or higher functional classification of roadway. (b) All buildings, canopies and pump islands shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (c) The storage of inoperable vehicles on the site is prohibited. (d) The sale or repair of vehicles shall be prohibited. 106 (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (f) Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below the bottom surface of the canopy. (g) Wherever fuel pumps are installed, pump islands shall be installed. (h) A transportation management plan shall be submitted to address off - street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (i) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area. (1) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (m) A minimum of two access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting right -of -way line on collector roadways and no less than 80 feet from the intersecting right -of -way line on arterial roadways. (n) All new Automobile Convenience Facilities must be located on a minimum of one acre of land. Section 4: Chapter 9, Article I, Section 9.107 (4) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: 107 4) Automobile repair, major. (a) All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from, residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (h) All new Maior Automobile Repair facilities must be located on a minimum of one acre of land. Section 5: Chapter 9, Article I, Section 9.107 (5), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (5) Automobile repair, minor. 108 (a) All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (h) All new Minor Automobile Repair facilities must be located on a minimum of one acre of land. Section 6: Chapter 9, Article I, Section 9.107 (6), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (6) Automobile sales /rental, new. (a) The use shall be served by a major collector or higher classification of roadway. 109 (b) Outdoor vehicle display for used cars shall be limited to 30% of the total outdoor display area for a new car dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off - street parking spaces needed for the public and employees. (c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor vehicle display areas within the public right -of -way are prohibited. (e) A landscape buffer with a minimum depth often feet shall be installed and maintained along all abutting public rights -of -way. (f) Outdoor vehicle display shall be within a designated area that is hard- surfaced. (g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. (i) Outdoor vehicle display shall not reduce the amount of off - street parking provided on site below the level required for the principal use. (j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (1) All new Automobile Sales /Rental, (new) facilities must be located on a minimum of one acre of land. 110 Section 7: Chapter 9, Article I, Section 9.107 (7), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (7) Automobile sales /rental, used. (a) The use shall be served by a major collector or higher classification or roadway. (b) An open -aired used auto and truck sales or rental lot as a stand -alone business is prohibited. (c) Used automobiles may be sold or rented as a stand -alone business if the business if the used automobiles and associated businesses are contained within a building. (d) Used automobiles may not be sold accessory to businesses other than new car dealerships. (e) Outdoor vehicle display areas within the public right -of -way are prohibited. (f) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use included dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (k) All new Automobile Sales /Rental (used) facilities must be located on a minimum of one acre of land. 111 Section S: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary IIN r x x Z r off• ^WI�1. U 1 V' h O C N 0 Q 3 0 Q F- O Z O 0 (U L U) U 0 N N Z) U O Q U � o Ql _ C Q m L C U U in m U 'c � o N U w U) a) C .N 7 m f�6 a) C a> C7 'm V U co i5 aJ C U N 7 c U a) N X D cX G • CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8B MEETING DATE MARCH 14, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: CITY OF COLUMBIA HEIGHTS, MINNESOTA, RESOLUTION 2016 -24 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE OBLIGATIONS RELATING TO THE LILY GABLES PROJECT; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE MULTIFAMILY HOUSING REVENUE OBLIGATIONS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE MULTIFAMILY HOUSING REVENUE OBLIGATIONS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO. DEPARTMENT: Finance CITY MANAGER'S APPROVAL: BY /DATE: Joseph Kloiber / March 9, 2016 BY /DATE: BACKGROUND: At a public hearing last October, the City Council adopted resolution 2015 -86 as the first step in a two -part process to issue conduit financing on behalf of the developer, Dominium, for construction of 191 units of senior housing within the Huset Park redevelopment area. That initial council action allowed the developer to proceed with various preliminary preparations for the project. The attached resolution 2016 -24 is the second step in this two -part process. Financing of this type requires both City and State approval. Under state law, the developer must use the financing in the same calendar year that they receive final approval from the City; otherwise the developer would forfeit a significant state application deposit. Therefore, this second step of the City process was deferred to 2016. In addition, this final resolution increases the amount of financing to $35 million from the initial estimate of $32 million, based on the developer's current projections. Notes and bonds of this type are not an obligation of the City or its taxpayers. Only project revenues (rental income) and other resources of the developer are pledged for repayment. As previously noted, this agreement requires the developer to pay the issuance costs of the bonds, plus an administrative fee to the City of 1% of the value of the bonds at issuance. This fee of up to $350,000 was negotiated based on the estimated rate available to the developer through Anoka County, and in light of the various other developer requirements negotiated on behalf of the City for all other aspects of this project. Attached for your reference is memo prepared by the City's bond counsel Kennedy and Graven. This memo provides a technical summary of this conduit financing transaction and the documents associated with it. STAFF RECOMMENDATION: Staff recommends approval of the following motions. Coun cilL etter— Res2016 204_ LilyGables2016ConduitDebt.docx 114 City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to close the public hearing and waive the reading of Resolution 2016 -24, there being ample copies available to the public. MOTION: Move to adopt City of Columbia Heights, Minnesota, Resolution 2016 -24, being a resolution authorizing the issuance, sale, and delivery of its multifamily housing revenue obligations relating to the Lily Gables project; adopting a housing program pursuant to Minnesota Statutes, chapter 462c; approving the form of and authorizing the execution and delivery of the multifamily housing revenue obligations and related documents; providing for the security, rights, and remedies with respect to the multifamily housing revenue obligations; and granting approval for certain other actions with respect thereto. ATTACHMENTS: Kennedy & Graven Memorandum — Lily Gables Resolution 2016 -24 115 Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MinneapolisMN 55402 -1458 Saint Paul (612) 337 -9300 telephone (612)337- 9310fax St. Cloud www.kennedy - graven.com C H A R T E R E D Aff rmariveAction , Equal OpporiunityEmploy- Tuesday, March 8, 2016 Joseph Kloiber, City Finance Director VIA EMAIL City of Columbia Heights 590 — 40"' Avenue NE Columbia Heights, Minnesota 55421 Re: Columbia Heights Leased Housing Associates I, LLLP — Resolution Authorizing Issuance of Revenue Obligations of the City to Finance a Multifamily Senior Housing Facility to be Known as Lily Gables Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Borrower ") has requested that the City of Columbia Heights (the "City ") issue its Multifamily Housing Revenue Note (Lily Gables Project), Series 2016A (the "Senior Note ") and Subordinate Multifamily Housing Revenue Bonds (Lily Gables Project), Series 2016B (the "Subordinate Bonds" and collectively with the Senior Note, the "Series 2016 Obligations ") to finance the 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 to be known as Lily Gables (the "Project "). The Borrower proposes to apply the proceeds derived from such loans (individually, the "Senior Loan" and the "Subordinate Loan ") to the financing of the Project and to the payment of a portion of the costs of issuing the Series 2016 Obligations by the City. On October 26, 2015, the City Council (the "City Council") of the City held a public hearing, duly noticed, in connection with a housing program for a multifamily housing development (the "Housing Program ") and the proposed issuance of the Series 2016 Obligations in an original aggregate principal amount not to exceed $32,000,000 under Minnesota Statutes, Chapter 462C, as amended (the "Housing Act ") to finance a loan to the Borrower for the Project. Following the public hearing on October 26, the City Council adopted Resolution 2015 -86 (the "Preliminary Resolution "), under the terms of which the City: (i) granted preliminary approval to the issuance of multifamily housing revenue obligations in the approximate principal amount of $32,000,000 to finance the Project; (ii) authorized the submission of an application to the Minnesota Department of Management and Budget ( "MMB ") for an allocation of bonding authority under Minnesota Statutes, Chapter 474A (the "Allocation Act "); and (iii) acknowledged the preparation of the Housing Program and the submission of the Housing Program to the Metropolitan Council for its review and comment. Since adoption of the Preliminary Resolution, the projected costs of the Project have increased, and the Borrower has requested a corresponding increase in the amount of Series 2016 Obligations authorized to be issued by the City, from $32,000,000 (as preliminarily authorized under the Preliminary Resolution) to $35,000,000. This proposed increase in the amount of Series 2016 Obligations does not constitute an "insubstantial deviation" under Section 5f.103 -2 of the proposed Treasury Regulations promulgated under Section 147 of the Internal Revenue Code of 1986, as amended, and therefore a new public approval process is required. 116 A second notice of public hearing was published on February 26, 2016 in accordance with the requirements of Section 147(f) of the Code and the Housing Act. On March 14, 2016, the City will hold another public hearing in connection with the proposed issuance of the Series 2016 Obligations in an original aggregate principal amount not to exceed $35,000,000 under the Housing Act to finance the Project. Following the public hearing on March 14, it is proposed that the City Council consider and adopt a resolution (the "Final Resolution') which takes the following actions: (i) authorizes the issuance by the City of the Series 2016 Obligations in an original aggregate principal amount not to exceed $35,000,000 to finance the Project; (ii) adopts, ratifies, and approves the Housing Program in all respects without ainenchnent; and (iii) authorizes certain actions to be taken by the City and the Company in connection with the financing of the Project, including (a) submission of an application for allocation of bonding authority to MMB pursuant to Section 146 of the Code and the Allocation Act, (b) execution and delivery of certain documents in connection with the proposed financing of the Project, and (c) performance of all acts and things required by the City and others in connection with the Final Resolution, the financing documents, and the Series 2016 Obligations. The Final Resolution approves the following documents, in substantially the form or forms now on file with the City: 1. Funding Loan Agreement, dated on or after May 1, 2016 (the "Funding Loan Agreement "), by and among TCF Investments Management, Inc., a Minnesota corporation, or another financial institution selected by the Borrower (the "Initial Funding Lender "), the City, and a fiscal agent to be determined by the Borrower (the "Fiscal Agent "); 2. Project Loan Agreement, dated on or after May 1, 2016 (the "Project Loan Agreement "), by and among the City, the Fiscal Agent, and the Borrower; 3. Regulatory Agreement, dated on or after May 1, 2016 (the "Senior Note Regulatory Agreement'), among the City, the Borrower, and the Fiscal Agent; 4. Subordinate Indenture, dated on or after May 1, 2016 (the "Subordinate Indenture "), by and among U.S. Bank National Association, a national banking association (the "Trustee "), and the City; 5. Subordinate Loan Agreement, dated on or after May 1, 2016 (the "Subordinate Loan Agreement "), by and between the City and the Borrower; 6. Subordinate Regulatory Agreement, dated on or after May 1, 2016 (the "Subordinate Regulatory Agreement "), among the City, the Borrower, and the Trustee; 7. Assignment, Pledge and Security Agreement, to be dated on or after May 1, 2016 (the "Security Agreement'), by and between the Borrower and the Trustee; 8. Subordinate Bonds Guaranty Agreement, dated on or after May 1, 2016 (the "Guaranty "), from Doiminium Holdings I, LLC and Dominiuim Holdings II, LLC (the "Guarantors ") to the Trustee; and 9. Subordination and Standstill Agreement, dated on or after May 1, 2016 (the "Subordination Agreement "), between and among the Borrower, the Fiscal Agent, and the Trustee. As provided in the Final Resolution, the above - referenced documents may be revised with appropriate variations, omissions, and insertions as are approved by Kennedy & Graven, Chartered, Bond Counsel, as do not materially adversely change the substance thereof with respect to the City, and as the Mayor and the City Manager (and such other officials of the City who execute and deliver the Series 2016 Obligations and related documents, the "City Officials "), in their discretion, shall detennine. 2 117 The Final Resolution further authorizes and directs the City Officials to execute and deliver the following documents in connection with the proposed financing: A. The Senior Note Financing Documents 1. The Senior Note; 2. The Project Loan Agreement; 3. The Funding Loan Agreement; 4. The Senior Note Regulatory Agreement; 5. An Assignment of Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after May 1, 2016, pursuant to which the City will assign to the Fiscal Agent its interest in a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after May 1, 2016 (the "Mortgage "), to be executed by the Borrower and delivered to the City, which Mortgage secures the Borrower's repayment of principal and interest on the Senior Loan; 6. A Note Purchase Agreement, dated on or after May 1, 2016, if requested by the purchaser of the Senior Note; and 7. Any consents or documents necessary in connection with the transfer of the Senior Note to the Federal Home Loan Mortgage Corporation. B. The Subordinate Bonds Financiniz Documents 1. The Subordinate Bonds; 2. The Subordinate Loan Agreement; 3. The Subordinate Indenture; 4. The Subordinate Regulatory Agreement; 5. A Bond Purchase Agreement, dated on or after May 1, 2016, by and among the City, the Borrower, and Dougherty & Company LLC; and 6. Such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Subordinate Bonds. C. Closing Documents 1. One or more certificates of the City; 2. An Information Return for Tax - Exempt Private Activity Bond Issues, Form 8038; 3. An endorsement to a tax certificate of the Borrower relating to arbitrage, rebate, and other tax matters; and 4. Similar documents. The Series 2016 Obligations proposed to be issued by the City to finance the Project will not constitute a pecuniary liability or charge, lien, or encumbrance, legal or equitable, upon any funds, assets, taxing powers, or any other property of the City except the City's interest in the Project Loan Agreement and Subordinate Loan Agreement and any security specifically pledged to either of the Series 2016 Obligations. The Senior Note will be payable solely from the revenues pledged therefor under the Project Loan Agreement, the Funding Loan Agreement, and the Mortgage, including all net revenues from the Project, and will not constitute a general or moral obligation of the City. The Subordinate Bonds will be payable solely from the revenues pledged therefor under the Subordinate Loan Agreement and the Subordinate Indenture, including revenues derived from the Borrower's Taxable Tax Increment Revenue Note, Series 2007A, originally issued by the Columbia Heights Economic Development Authority (the "EDA ") on August 3, 2007, as amended (the "TIF Note "),' and will not constitute a general or moral obligation of the City. Therefore, the City cannot be compelled to exercise its taxing power to pay any portion of either of the ' The TIF Note is secured by tax increment generated by the Project on a subordinate basis to certain tax - exempt tax increment revenue bonds issued by the Columbia Heights Economic Development Authority in 2007 118 Series 2016 Obligations, and payment for the Series 2016 Obligations cannot be enforced against any property of the City. The Senior Note, the Project Loan Agreement, and the Mortgage will be secured by a first lien on the real estate upon which the Project is proposed to be constructed (the "Project Premises "), together with certain personal property, tangible and intangible, associated and used in connection with the Project Premises and the improvements located on the Project Premises (collectively, the "Collateral "); the Subordinate Bonds and the Subordinate Loan Agreement will be secured by a subordinate lien on the Collateral pursuant to the Subordination Agreement. The Subordinate Bonds will be further secured by: (i) a pledge and assignment of the Borrower's interest in the TIF Note and an assignment by the City to the Trustee of the City's interest in the Subordinate Loan Agreement and the TIF Note pursuant to the Subordinate Indenture, each such pledge and assignment to be further evidenced by the Security Agreement; and (ii) a guaranty provided by the Guarantors to the Trustee pursuant to the Guaranty. If the City Council adopts the Final Resolution, the City will have final authority to issue the Series 2016 Obligations, execute and deliver related loan documents and provide for the security of the Series 2016 Obligations. Please contact the undersigned at your convenience with any questions with regard to the foregoing. CLl 62 -52 (SEL) 476324v.I KENNEDY & GRAVEN, CHARTERED s /Sofia E. Lykke Sofia E. Lykke 4 119 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION 2016 -24 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE OBLIGATIONS RELATING TO THE LILY GABLES PROJECT; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 4620; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE MULTIFAMILY HOUSING REVENUE OBLIGATIONS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE MULTIFAMILY HOUSING REVENUE OBLIGATIONS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Columbia Heights, Minnesota (the "City "), is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds or other obligations to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision 1 a, of the Act; and WHEREAS, in the issuance of revenue bonds or other obligations and in the snaking of a loan to finance a multifamily housing development, the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Borrower "), has requested that the City issue its multifamily housing revenue obligations under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the 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 5U' Street NE in the City to be known as Lily Gables (the "Project "); (ii) the funding of one or more reserve funds to secure the timely payment of the multifamily housing revenue obligations; (iii) the payment of a portion of the capitalized interest on the multifamily housing revenue obligations; and (iv) the payment of the costs of issuing the multifamily housing revenue obligations; and WHEREAS, the Project is designed and intended to be used primarily by seniors for rental occupancy and each housing unit within the Project shall be occupied by at least one person who is at least age 55 and older; and WHEREAS, a notice of public hearing was published on October 9, 2015 (the "First Public Notice ") in the Sun Focus, the official newspaper and a newspaper of general circulation in the City, at least fifteen days before the public hearing held on October 26, 2015, with respect to: (i) the required 120 public hearing under Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "); (ii) the required public hearing under Section 462C.04, subdivision 2 of the Act; (iii) a housing program (the "Housing Program" or "Program ") to authorize the issuance by the City of multifamily housing revenue obligations in the aggregate principal amount of approximately $32,000,000 to finance the acquisition, construction, and equipping of the Project; and (iv) preliminary approval of the issuance of the multifamily housing revenue obligations in an amount not to exceed $32,000,000; and WHEREAS, on October 26, 2015, in accordance with the requirements of Section 147(f) of the Code and Section 462C.04, subdivision 2, of the Act, the City Council held a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, with respect to the Project and the proposed issuance of revenue obligations to provide financing for the Project; and WHEREAS, following the public hearing, the City Council adopted Resolution 2015 -86 (the "Preliminary Resolution ") under the terms of which the City: (i) granted preliminary approval to the issuance of multifamily housing revenue obligations in the approximate principal amount of $32,000,000 under the teens of the Act to finance the Project; (ii) authorized the submission of an application to the Minnesota Department of Management and Budget ( "MMB ") for an allocation of bonding authority under Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act "); and (iii) acknowledged the preparation of the Housing Program in accordance with the requirements of the Act and the submission of the Housing Program to the Metropolitan Council for its review and comment; and WHEREAS, the Housing Program was submitted to the Metropolitan Council for its review and comment in accordance with the requirements of the Act, and the Metropolitan Council has provided its comments to the Housing Program and the Project in a letter; and WHEREAS, the Preliminary Resolution constitutes a reimbursement resolution and an official intent of the City to reimburse expenditures with respect to the Project from the proceeds of tax - exempt revenue obligations in accordance with the provisions of Section 1.150 -2 of the Treasury Regulations promulgated under the Code; and WHEREAS, since adoption of the Preliminary Resolution, the projected costs of the Project have increased, and the Borrower has requested a corresponding increase in the amount of the multifamily housing revenue obligations authorized to be issued by the City, from $32,000,0000 (as preliminarily authorized under the Preliminary Resolution) to $35,000,000; and WHEREAS, the proposed increase in the amount of the multifamily housing revenue obligations from that stated in the First Public Notice does not constitute an "insubstantial deviation" under Section 5f.103 -2 of the proposed Treasury Regulations promulgated under Section 147 of Code, and therefore a new public approval process is required; and WHEREAS, a second notice of public hearing was published on February 26, 2016 in the Sun Focus, the official newspaper and a newspaper of general circulation in the City, at least fifteen days before the public hearing held on March 14, 2016, with respect to: (i) the required public hearing under Section 147(f) of the Code; (ii) the required public hearing under Section 462C.04, subdivision 2 of the Act; and (iii) approval of the issuance of the multifamily housing revenue obligations in an amount not to exceed $35,000,000; and WHEREAS, the Borrower has requested that the City issue, sell, and deliver its multifamily housing revenue obligations, in an original aggregate principal amount not to exceed $35,000,000, designated as: (i) Multifamily Housing Revenue Note (Lily Gables Project), Series 2016A (the "Senior 2 121 Note "); and (ii) Subordinate Multifamily Housing Revenue Bonds (Lily Gables Project), Series 2016B (the "Subordinate Bonds" and collectively with the Senior Note, the "Series 2016 Obligations "); and WHEREAS, the proceeds derived from the sale of the Senior Note will be loaned by the City to the Borrower (the "Senior Loan ") pursuant to the terns of a Project Loan Agreement, dated on or after May 1, 2016 (the "Project Loan Agreement "), by and among the City, a fiscal agent to be determined by the Borrower (the "Fiscal Agent "), and the Borrower; and WHEREAS, the principal of and interest on the Senior Loan will be paid from loan repayments to be made by the Borrower under the terms of the Project Loan Agreement, and as security for the repayment of principal and interest on the Senior Loan, the Borrower will execute and deliver to the City a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after May 1, 2016 (the "Mortgage "), to be assigned by the City to the Fiscal Agent under the terns of an Assignment of Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after May 1, 2016 (the "Assignment "); WHEREAS, the Senior Note will be issued pursuant to this resolution and a Funding Loan Agreement, dated on or after May 1, 2016 (the "Funding Loan Agreement "), by and among TCF Investments Management, Inc., a Minnesota corporation, or another financial institution selected by the Borrower (the "Funding Lender "), the City, and the Fiscal Agent; and WHEREAS, the Senior Note and the interest on the Senior Note: (i) shall be payable solely from the revenues pledged therefor under the Project Loan Agreement, the Funding Loan Agreement, and the Mortgage; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project Loan Agreement; and (v) shall not constitute a general or moral obligation of the City; and WHEREAS, the proceeds derived from the sale of the Subordinate Bonds will be loaned by the City to the Borrower (the "Subordinate Loan ") pursuant to the terns of a Subordinate Loan Agreement, dated on or after May 1, 2016 (the "Subordinate Loan Agreement "), by and between the City and the Borrower; and WHEREAS, the Subordinate Bonds will be secured by: (i) an obligation of the Borrower to make loan repayments under the Subordinate Loan Agreement; (ii) a subordinate assignment of all net revenues from the Project; (iii) a pledge and assignment of the Borrower's interest in its Taxable Tax Increment Revenue Note, Series 2007A, originally issued by the Columbia Heights Economic Development Authority on August 3, 2007, as amended (the "TIF Note "), to the repayment of the Subordinate Loan pursuant to the Subordinate Loan Agreement, and an assignment by the City to the Trustee of the City's interest in the Subordinate Loan Agreement and the TIF Note pursuant to a Subordinate Indenture, dated on or after May 1, 2016 (the "Subordinate Indenture "), by and among U.S. Bank National Association, a national banking association (the "Trustee "), and the City, each such pledge and assignment to be further evidenced by an Assignment, Pledge and Security Agreement, to be dated on or after May 1, 2016 (the "Security Agreement "), by and between the Borrower and the Trustee; and (iv) a guaranty provided by Dominium Holdings I, LLC and Dominium Holdings lI, LLC (collectively, the "Guarantors ") pursuant to a Subordinate Bonds Guaranty Agreement, dated on or after May 1, 2016 the ( "Guaranty "), from the Guarantors to the Trustee; and WHEREAS, the Subordinate Bonds will be issued pursuant to this resolution and the Subordinate Indenture; and 122 WHEREAS, the Subordinate Bonds and the interest on the Subordinate Bonds: (i) shall be payable solely from the revenues pledged therefor under the Subordinate Loan Agreement and the Subordinate Indenture; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Subordinate Loan Agreement and the TIF Note; and (v) shall not constitute a general or moral obligation of the City. WHEREAS, the Senior Note, the Project Loan Agreement, and the Mortgage shall be secured by a first lien on the real estate upon which the Project is proposed to be constructed (the "Project Premises "), together with certain personal property, tangible and intangible, associated and used in connection with the Project Premises and the improvements located on the Project Premises (collectively, the "Collateral ") and the Subordinate Bonds and the Subordinate Loan Agreement shall be secured by a subordinate lien on the Collateral pursuant to a Subordination and Standstill Agreement, dated on or after May 1, 2016 (the "Subordination Agreement "), between and among the Borrower, the Fiscal Agent, and the Trustee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that the issuance of the Series 2016 Obligations is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Series 2016 Obligations, and the other actions of the City under the Funding Loan Agreement, the Project Loan Agreement, the Subordinate Indenture, the Subordinate Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. The Project constitutes a "qualified residential rental project" within the meaning of Section 142(d) of the Code, and a "multifamily housing development" authorized by the Act, and furthers the purposes of the Act. In authorizing the issuance of the Series 2016 Obligations to finance the Project and the 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 providing multifamily housing developments for low or moderate income senior residents of the City and otherwise furthering the purposes and policies of the Act. 2. The Housing Program is hereby adopted, ratified, and approved in all respects without amendment. The preparation of the Housing Program is hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Act and any other applicable laws and regulations. Pursuant to the Housing Program, all units in the Project shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy. 3. Under Section 146 of the Code, the Series 2016 Obligations 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 City Council hereby ratifies the authorization granted pursuant to the Preliminary Resolution with respect to 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 and the City Manager and such other officials of the City who execute and deliver the Series 2016 Obligations and related documents (the "City Officials ") and Kennedy & Graven, Chartered, acting as bond counsel with respect to the Project and the Series 2016 Obligations ( "Bond Counsel "), 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 MMB. 4 123 4. For the purposes set forth above, and upon receipt of an allocation of bonding authority from MMB, there is hereby authorized the issuance, sale, and delivery of the Series 2016 Obligations in one or more series in the maximum aggregate principal amount not to exceed $35,000,000. All of the provisions of the Series 2016 Obligations, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 5. The Series 2016 Obligations shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amounts, shall be subject to redemption prior to maturity, shall be in such forms, and shall have such other terms, details, and provisions as are prescribed in the Funding Loan Agreement and the Subordinate Indenture, in substantially the forms now on file with the City, with necessary and appropriate variations, omissions, and insertions (including the addition of a series designation reflecting the year in which the Series 2016 Obligations are issued and any other changes to the titles of the Series 2016 Obligations as deemed appropriate, and changes to the aggregate principal amounts of the Series 2016 Obligations, the stated maturities of the Series 2016 Obligations, the interest rates on the Series 2016 Obligations, and the terns of redemption of the Series 2016 Obligations) as the City Officials, in their discretion, shall determine. The execution of the Series 2016 Obligations with the manual or facsimile signatures of the City Officials and the delivery of the Series 2016 Obligations by the City Officials shall be conclusive evidence of such determination. 6. The City hereby authorizes the Series 2016 Obligations to be issued, in whole or in part, as "tax - exempt bonds," the interest on which is excludable from gross income for federal and State of Minnesota income tax purposes or as taxable bonds. The Series 2016 Obligations shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Project Loan Agreement and the Subordinate Loan Agreement and other funds pledged pursuant to the Funding Loan Agreement and the Subordinate Indenture, respectively. The City does not pledge its general credit or taxing powers or any funds of the City to the payment of the Series 2016 Obligations. 7. To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code and to ensure continuing compliance with certain restrictions imposed by the City, the City Officials are also hereby authorized and directed to execute and deliver: (i) a Regulatory Agreement, dated on or after May 1, 2016 (the "Senior Note Regulatory Agreement "), among the City, the Borrower, and the Fiscal Agent; and (ii) a Subordinate Regulatory Agreement, dated on or after May 1, 2016 (the "Subordinate Regulatory Agreement "), among the City, the Borrower, and the Trustee. The Senior Note Regulatory Agreement and the Subordinate Regulatory Agreement (together, the "Regulatory Agreements ") shall be executed and delivered by the City Officials on behalf of the City. All of the provisions of the Regulatory Agreements, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 8. The Senior Note shall be sold to the Funding Lender under the terms and conditions of the Funding Loan Agreement, and the proceeds derived from the sale of the Senior Note shall be loaned to the Borrower in accordance with the terns and conditions of the Project Loan Agreement. The Subordinate Bonds shall be sold to Dougherty & Company LLC (the "Underwriter ") pursuant to a Bond Purchase Agreement, dated on or after May 1, 2016 (the "Bond Purchase Agreement "), by and among the City, the Borrower, and the Underwriter, and the proceeds derived from the sale of the Subordinate Bonds shall be loaned to the Borrower in accordance with the terns and conditions of the Subordinate Loan Agreement. 124 9. The Borrower shall apply the proceeds of the Senior Loan and the Subordinate Loan to the payment of a portion of the capital costs of the Project and related costs. The loan repayments to be made by the Borrower under the Project Loan Agreement and the Subordinate Loan Agreement are to be fixed so as to produce revenues sufficient to pay the principal of, premium, if any, and interest on the Senior Note and the Subordinate Bonds, respectively, when due. 10. The City Council hereby provides that: (i) the Funding Loan Agreement shall provide the terns and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Senior Note, the City, and the Fiscal Agent as set forth therein; and (ii) the Subordinate Indenture shall provide the terns and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Subordinate Bonds, the City, and the Trustee as set forth therein. The Fiscal Agent is hereby appointed as Paying Agent and Bond Registrar for the Senior Note, and the Trustee is hereby appointed as Paying Agent and Bond Registrar for the Subordinate Bonds. All of the provisions of the Funding Loan Agreement and the Subordinate Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 11. The City Council hereby provides that: (i) the Project Loan Agreement shall provide the terns and conditions, covenants, rights, obligations, duties, and agreements of the City, the Borrower, and the Fiscal Agent as set forth therein; and (ii) the Subordinate Loan Agreement shall provide the terns and conditions, covenants, rights, obligations, duties, and agreements of the City and the Borrower as set forth therein. All of the provisions of the Project Loan Agreement and the Subordinate Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 12. The Series 2016 Obligations shall be special, limited revenue obligations of the City, the proceeds of which shall be disbursed pursuant to the terns of the Funding Loan Agreement and the Project Loan Agreement and the Subordinate Indenture and the Subordinate Loan Agreement, and the principal, premium, and interest on the Series 2016 Obligations shall be payable solely from the proceeds of the Series 2016 Obligations, the revenues derived from the Project Loan Agreement and the Subordinate Loan Agreement, and the other sources set forth in the Funding Loan Agreement and the Subordinate Indenture. The Series 2016 Obligations shall not be payable from nor charged upon any funds other than the revenues pledged to their payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No owner of the either of the Series 2016 Obligations shall ever have the right to compel any exercise by the City of any taxing powers of the City to pay either of the Series 2016 Obligations or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Project Loan Agreement, the Subordinate Loan Agreement, and the revenues and assets thereunder, which will be assigned to the Fiscal Agent (with respect to the Project Loan Agreement) and the Trustee (with respect to the Subordinate Loan Agreement). The Series 2016 Obligations shall recite that the Series 2016 Obligations are issued pursuant to the Act, and that the Series 2016 Obligations, including interest and premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and the Series 2016 Obligations shall not constitute a debt of the City within the meaning of any constitutional or statutory limitations. 13. The Funding Loan Agreement, the Project Loan Agreement, the Senior Note Regulatory Agreement, the Subordinate Indenture, the Subordinate Loan Agreement, and the Subordinate Regulatory Agreement are substantially in the form or forms now on file with the City, are hereby approved, with such necessary and appropriate variations, omissions, and insertions as are approved by Bond Counsel, as do not materially adversely change the substance thereof with respect to the City, and as the City 6 125 Officials, in their discretion, shall determine, and the execution thereof by the City Officials shall be conclusive evidence of such detenninations. 14. The Security Agreement, the Guaranty, and the Subordination Agreement shall be substantially in the forms now on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Borrower, the Trustee, and the Fiscal Agent, in their discretion, shall determine. 15. The City Officials are hereby authorized and directed to execute and deliver the following documents (collectively, the "Financing Documents "): (A) the Senior Note, the Project Loan Agreement, the Funding Loan Agreement, the Senior Note Regulatory Agreement, the Assignment, a Note Purchase Agreement, dated on or after May 1, 2016, if requested by the purchaser of the Senior Note (the "Note Purchase Agreement "), any consents or documents necessary in connection with the transfer of the Senior Note to the Federal Home Loan Mortgage Corporation, including without limitation, an amended and restated note, and such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Senior Note; and (B) the Subordinate Bonds, the Subordinate Loan Agreement, the Subordinate Indenture, the Subordinate Regulatory Agreement, the Bond Purchase Agreement, and such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Subordinate Bonds. The City Officials are hereby authorized and directed to execute and deliver the following closing documents (collectively, the "Closing Documents "): (i) one or more certificates of the City; (ii) an Information Return for Tax - Exempt Private Activity Bond Issues, Form 8038; (iii) an endorsement to a tax certificate of the Borrower relating to arbitrage, rebate, and other tax matters; and (iv) similar documents. All of the provisions of the Financing Documents and the Closing Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 16. The City hereby authorizes Bond Counsel to prepare, execute, and deliver its approving legal opinions with respect to the Series 2016 Obligations and related matters. 17. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perforn such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council nor any City Officials executing the Series 2016 Obligations shall be personally liable on the Series 2016 Obligations or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned Financing Documents, Closing Documents, or in any other document relating to the Series 2016 Obligations, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City, or create or establish any pecuniary liability of the City, or create or establish any charge upon the general credit or taxing powers of the City. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Project Loan Agreement and 7 126 the Subordinate Loan Agreement which are to be applied to the payment of the Series 2016 Obligations, as provided therein. 18. Simultaneously with the execution and delivery of the Financing Documents, there shall be delivered to the City the following: (i) an opinion of counsel to the Borrower as to such matters as shall be required by the City and Bond Counsel; (ii) one or more opinions of Bond Counsel as may be required by the City, the Funding Lender, counsel to the Funding Lender, the Fiscal Agent, the Borrower, and counsel to the Borrower; and (iii) such other opinions, instruments, and documents as the City may require as a condition to the issuance of the Series 2016 Obligations and the other actions of the City authorized by this resolution. 19. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or fine or corporation, other than the City, and any holder of the Series 2016 Obligations issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Series 2016 Obligations issued under the provisions of this resolution. 20. In case any one or more of the provisions of this resolution (other than the provisions limiting the liability of the City, the City Officials, or any officer, employee, or agent of the City contained herein), or of the aforementioned Financing Documents or Closing Documents, or of the Series 2016 Obligations issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned Financing Documents or Closing Documents, or of the Series 2016 Obligations, but this resolution, the aforementioned documents, and the Series 2016 Obligations shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 21. The Series 2016 Obligations, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recitals shall be conclusive evidence of the validity of the Series 2016 Obligations and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Series 2016 Obligations, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been perfonned as so required by law. 22. The City will not participate in the preparation of any disclosure document relating to the offer and sale of the Series 2016 Obligations (the "Disclosure Documents "), and will make no independent investigation with respect to the information contained in any Disclosure Documents and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such infonnation, except for any information contained therein describing the City, or litigation with respect to the City. The City hereby consents to the distribution of the Disclosure Documents. The City hereby approves the execution and delivery by the Borrower (and any guarantor of the obligations of the Borrower) of any continuing disclosure agreement prepared and delivered for the benefit of the Funding Lender or the Trustee or any successors or assigns. 23. The authority to approve, execute, and deliver future amendments to the Financing Documents or other documents executed and delivered by the City in connection with the issuance of the Series 2016 Obligations is hereby delegated to the City Officials, subject to the following conditions: (i) such amendments do not materially adversely affect the interests of the City; (ii) such amendments do not contravene or violate any policy of the City; and (iii) such amendments are acceptable in form and 8 127 substance to Bond Counsel. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the teens of this resolution. The execution of any instrument by the City Officials shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. 24. The City Officials, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Series 2016 Obligations, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2016 Obligations, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the sarne force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 25. The Borrower shall pay the administrative fee of the City when due in accordance with the terns of the Project Loan Agreement and the Subordinate Loan Agreement. The Borrower will also 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 Series 2016 Obligations, whether or not the Series 2016 Obligations are issued, including any costs for reasonable attorneys' fees. 26. This resolution shall be in full force and effect from and after its approval. Adopted: March 14, 2016. ATTEST: Katie Bruno, City Clerk CL 162-052 (SEL) 473027v.4 Gary Peterson, Mayor 9 128 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION 2016 -24 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE OBLIGATIONS RELATING TO THE LILY GABLES PROJECT; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE MULTIFAMILY HOUSING REVENUE OBLIGATIONS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE MULTIFAMILY HOUSING REVENUE OBLIGATIONS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Columbia Heights, Minnesota (the "City "), is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds or other obligations to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision 1 a, of the Act; and WHEREAS, in the issuance of revenue bonds or other obligations and in the snaking of a loan to finance a multifamily housing development, the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Borrower "), has requested that the City issue its multifamily housing revenue obligations under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the 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 51h Street NE in the City to be known as Lily Gables (the "Project "); (ii) the funding of one or more reserve funds to secure the timely payment of the multifamily housing revenue obligations; (iii) the payment of a portion of the capitalized interest on the multifamily housing revenue obligations; and (iv) the payment of the costs of issuing the multifamily housing revenue obligations; and WHEREAS, the Project is designed and intended to be used primarily by seniors for rental occupancy and each housing unit within the Project shall be occupied by at least one person who is at least age 55 and older; and WHEREAS, a notice of public hearing was published on October 9, 2015 (the "First Public Notice ") in the Sun Focus, the official newspaper and a newspaper of general circulation in the City, at least fifteen days before the public hearing held on October 26, 2015, with respect to: (i) the required 129 public hearing under Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "); (ii) the required public hearing under Section 462C.04, subdivision 2 of the Act; (iii) a housing program (the "Housing Program" or "Program ") to authorize the issuance by the City of multifamily housing revenue obligations in the aggregate principal amount of approximately $32,000,000 to finance the acquisition, construction, and equipping of the Project; and (iv) preliminary approval of the issuance of the multifamily housing revenue obligations in an amount not to exceed $32,000,000; and WHEREAS, on October 26, 2015, in accordance with the requirements of Section 147(f) of the Code and Section 462C.04, subdivision 2, of the Act, the City Council held a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, with respect to the Project and the proposed issuance of revenue obligations to provide financing for the Project; and WHEREAS, following the public hearing, the City Council adopted Resolution 2015 -86 (the "Preliminary Resolution ") under the terms of which the City: (i) granted preliminary approval to the issuance of multifamily housing revenue obligations in the approximate principal amount of $32,000,000 under the teens of the Act to finance the Project; (ii) authorized the submission of an application to the Minnesota Department of Management and Budget ( "MMB ") for an allocation of bonding authority under Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act "); and (iii) acknowledged the preparation of the Housing Program in accordance with the requirements of the Act and the submission of the Housing Program to the Metropolitan Council for its review and cornment; and WHEREAS, the Housing Program was submitted to the Metropolitan Council for its review and comment in accordance with the requirements of the Act, and the Metropolitan Council has provided its comments to the Housing Program and the Project in a letter; and WHEREAS, the Preliminary Resolution constitutes a reimbursement resolution and an official intent of the City to reimburse expenditures with respect to the Project from the proceeds of tax - exempt revenue obligations in accordance with the provisions of Section 1.150 -2 of the Treasury Regulations promulgated under the Code; and WHEREAS, since adoption of the Preliminary Resolution, the projected costs of the Project have increased, and the Borrower has requested a corresponding increase in the amount of the multifamily housing revenue obligations authorized to be issued by the City, from $32,000,0000 (as preliminarily authorized under the Preliminary Resolution) to $35,000,000; and WHEREAS, the proposed increase in the amount of the multifamily housing revenue obligations from that stated in the First Public Notice does not constitute an "insubstantial deviation" under Section 5£103 -2 of the proposed Treasury Regulations promulgated under Section 147 of Code, and therefore a new public approval process is required; and WHEREAS, a second notice of public hearing was published on February 26, 2016 in the Sun Focus, the official newspaper and a newspaper of general circulation in the City, at least fifteen days before the public hearing held on March 14, 2016, with respect to: (i) the required public hearing under Section 147(f) of the Code; (ii) the required public hearing under Section 462C.04, subdivision 2 of the Act; and (iii) approval of the issuance of the multifamily housing revenue obligations in an amount not to exceed $35,000,000; and WHEREAS, the Borrower has requested that the City issue, sell, and deliver its multifamily housing revenue obligations, in an original aggregate principal amount not to exceed $35,000,000, designated as: (i) Multifamily Housing Revenue Note (Lily Gables Project), Series 2016A (the "Senior 2 130 Note "); and (ii) Subordinate Multifamily Housing Revenue Bonds (Lily Gables Project), Series 2016B (the "Subordinate Bonds" and collectively with the Senior Note, the "Series 2016 Obligations "); and WHEREAS, the proceeds derived from the sale of the Senior Note will be loaned by the City to the Borrower (the "Senior Loan ") pursuant to the terms of a Project Loan Agreement, dated on or after May 1, 2016 (the "Project Loan Agreement "), by and among the City, a fiscal agent to be determined by the Borrower (the "Fiscal Agent "), and the Borrower; and WHEREAS, the principal of and interest on the Senior Loan will be paid from loan repayments to be made by the Borrower under the terns of the Project Loan Agreement, and as security for the repayment of principal and interest on the Senior Loan, the Borrower will execute and deliver to the City a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after May 1, 2016 (the "Mortgage "), to be assigned by the City to the Fiscal Agent under the terms of an Assignment of Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after May 1, 2016 (the "Assignment "); WHEREAS, the Senior Note will be issued pursuant to this resolution and a Funding Loan Agreement, dated on or after May 1, 2016 (the "Funding Loan Agreement "), by and among TCF Investments Management, Inc., a Minnesota corporation, or another financial institution selected by the Borrower (the "Funding Lender "), the City, and the Fiscal Agent; and WHEREAS, the Senior Note and the interest on the Senior Note: (i) shall be payable solely from the revenues pledged therefor under the Project Loan Agreement, the Funding Loan Agreement, and the Mortgage; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project Loan Agreement; and (v) shall not constitute a general or moral obligation of the City; and WHEREAS, the proceeds derived from the sale of the Subordinate Bonds will be loaned by the City to the Borrower (the "Subordinate Loan ") pursuant to the terms of a Subordinate Loan Agreement, dated on or after May 1, 2016 (the "Subordinate Loan Agreement "), by and between the City and the Borrower; and WHEREAS, the Subordinate Bonds will be secured by: (i) an obligation of the Borrower to make loan repayments under the Subordinate Loan Agreement; (ii) a subordinate assignment of all net revenues from the Project; (iii) a pledge and assignment of the Borrower's interest in its Taxable Tax Increment Revenue Note, Series 2007A, originally issued by the Columbia Heights Economic Development Authority on August 3, 2007, as amended (the "T1F Note "), to the repayment of the Subordinate Loan pursuant to the Subordinate Loan Agreement, and an assignment by the City to the Trustee of the City's interest in the Subordinate Loan Agreement and the TIF Note pursuant to a Subordinate Indenture, dated on or after May 1, 2016 (the "Subordinate Indenture "), by and among U.S. Bank National Association, a national banking association (the "Trustee "), and the City, each such pledge and assignment to be further evidenced by an Assignment, Pledge and Security Agreement, to be dated on or after May 1, 2016 (the "Security Agreement "), by and between the Borrower and the Trustee; and (iv) a guaranty provided by Dominiumm Holdings I, LLC and Dominium Holdings II, LLC (collectively, the "Guarantors ") pursuant to a Subordinate Bonds Guaranty Agreement, dated on or after May 1, 2016 the ( "Guaranty "), from the Guarantors to the Trustee; and WHEREAS, the Subordinate Bonds will be issued pursuant to this resolution and the Subordinate Indenture; and 3 131 WHEREAS, the Subordinate Bonds and the interest on the Subordinate Bonds: (i) shall be payable solely from the revenues pledged therefor under the Subordinate Loan Agreement and the Subordinate Indenture; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Subordinate Loan Agreement and the TIF Note; and (v) shall not constitute a general or moral obligation of the City. WHEREAS, the Senior Note, the Project Loan Agreement, and the Mortgage shall be secured by a first lien on the real estate upon which the Project is proposed to be constructed (the "Project Premises "), together with certain personal property, tangible and intangible, associated and used in connection with the Project Premises and the improvements located on the Project Premises (collectively, the "Collateral ") and the Subordinate Bonds and the Subordinate Loan Agreement shall be secured by a subordinate lien on the Collateral pursuant to a Subordination and Standstill Agreement, dated on or after May 1, 2016 (the "Subordination Agreement "), between and among the Borrower, the Fiscal Agent, and the Trustee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that the issuance of the Series 2016 Obligations is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Series 2016 Obligations, and the other actions of the City under the Funding Loan Agreement, the Project Loan Agreement, the Subordinate Indenture, the Subordinate Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. The Project constitutes a "qualified residential rental project" within the meaning of Section 142(d) of the Code, and a "multifamily housing development" authorized by the Act, and furthers the purposes of the Act. In authorizing the issuance of the Series 2016 Obligations to finance the Project and the 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 providing multifamily housing developments for low or moderate income senior residents of the City and otherwise furthering the purposes and policies of the Act. 2. The Housing Program is hereby adopted, ratified, and approved in all respects without amendment. The preparation of the Housing Program is hereby ratified, confinned, and approved. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Act and any other applicable laws and regulations. Pursuant to the Housing Program, all units in the Project shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy. 3. Under Section 146 of the Code, the Series 2016 Obligations 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 City Council hereby ratifies the authorization granted pursuant to the Preliminary Resolution with respect to 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 and the City Manager and such other officials of the City who execute and deliver the Series 2016 Obligations and related documents (the "City Officials ") and Kennedy & Graven, Chartered, acting as bond counsel with respect to the Project and the Series 2016 Obligations ( "Bond Counsel "), 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 MMB. 4 132 4. For the purposes set forth above, and upon receipt of an allocation of bonding authority from MMB, there is hereby authorized the issuance, sale, and delivery of the Series 2016 Obligations in one or more series in the maximum aggregate principal amount not to exceed $35,000,000. All of the provisions of the Series 2016 Obligations, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 5. The Series 2016 Obligations shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amounts, shall be subject to redemption prior to maturity, shall be in such forins, and shall have such other terms, details, and provisions as are prescribed in the Funding Loan Agreement and the Subordinate Indenture, in substantially the forms now on file with the City, with necessary and appropriate variations, omissions, and insertions (including the addition of a series designation reflecting the year in which the Series 2016 Obligations are issued and any other changes to the titles of the Series 2016 Obligations as deemed appropriate, and changes to the aggregate principal amounts of the Series 2016 Obligations, the stated maturities of the Series 2016 Obligations, the interest rates on the Series 2016 Obligations, and the terns of redemption of the Series 2016 Obligations) as the City Officials, in their discretion, shall determine. The execution of the Series 2016 Obligations with the manual or facsimile signatures of the City Officials and the delivery of the Series 2016 Obligations by the City Officials shall be conclusive evidence of such deternination. 6. The City hereby authorizes the Series 2016 Obligations to be issued, in whole or in part, as "tax- exempt bonds," the interest on which is excludable from gross income for federal and State of Minnesota income tax purposes or as taxable bonds. The Series 2016 Obligations shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Project Loan Agreement and the Subordinate Loan Agreement and other funds pledged pursuant to the Funding Loan Agreement and the Subordinate Indenture, respectively. The City does not pledge its general credit or taxing powers or any funds of the City to the payment of the Series 2016 Obligations. 7. To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code and to ensure continuing compliance with certain restrictions imposed by the City, the City Officials are also hereby authorized and directed to execute and deliver: (i) a Regulatory Agreement, dated on or after May 1, 2016 (the "Senior Note Regulatory Agreement'), among the City, the Borrower, and the Fiscal Agent; and (ii) a Subordinate Regulatory Agreement, dated on or after May 1, 2016 (the "Subordinate Regulatory Agreement'), among the City, the Borrower, and the Trustee. The Senior Note Regulatory Agreement and the Subordinate Regulatory Agreement (together, the "Regulatory Agreements ") shall be executed and delivered by the City Officials on behalf of the City. All of the provisions of the Regulatory Agreements, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 8. The Senior Note shall be sold to the Funding Lender under the terns and conditions of the Funding Loan Agreement, and the proceeds derived from the sale of the Senior Note shall be loaned to the Borrower in accordance with the terms and conditions of the Project Loan Agreement. The Subordinate Bonds shall be sold to Dougherty & Company LLC (the "Underwriter ") pursuant to a Bond Purchase Agreement, dated on or after May 1, 2016 (the "Bond Purchase Agreement'), by and among the City, the Borrower, and the Underwriter, and the proceeds derived from the sale of the Subordinate Bonds shall be loaned to the Borrower in accordance with the tenns and conditions of the Subordinate Loan Agreement. 5 133 9. The Borrower shall apply the proceeds of the Senior Loan and the Subordinate Loan to the payment of a portion of the capital costs of the Project and related costs. The loan repayments to be made by the Borrower under the Project Loan Agreement and the Subordinate Loan Agreement are to be fixed so as to produce revenues sufficient to pay the principal of, premium, if any, and interest on the Senior Note and the Subordinate Bonds, respectively, when due. 10. The City Council hereby provides that: (i) the Funding Loan Agreement shall provide the terins and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Senior Note, the City, and the Fiscal Agent as set forth therein; and (ii) the Subordinate Indenture shall provide the teens and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Subordinate Bonds, the City, and the Trustee as set forth therein. The Fiscal Agent is hereby appointed as Paying Agent and Bond Registrar for the Senior Note, and the Trustee is hereby appointed as Paying Agent and Bond Registrar for the Subordinate Bonds. All of the provisions of the Funding Loan Agreement and the Subordinate Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 11. The City Council hereby provides that: (i) the Project Loan Agreement shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the City, the Borrower, and the Fiscal Agent as set forth therein; and (ii) the Subordinate Loan Agreement shall provide the teens and conditions, covenants, rights, obligations, duties, and agreements of the City and the Borrower as set forth therein. All of the provisions of the Project Loan Agreement and the Subordinate Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 12. The Series 2016 Obligations shall be special, limited revenue obligations of the City, the proceeds of which shall be disbursed pursuant to the terns of the Funding Loan Agreement and the Project Loan Agreement and the Subordinate Indenture and the Subordinate Loan Agreement, and the principal, premium, and interest on the Series 2016 Obligations shall be payable solely from the proceeds of the Series 2016 Obligations, the revenues derived from the Project Loan Agreement and the Subordinate Loan Agreement, and the other sources set forth in the Funding Loan Agreement and the Subordinate Indenture. The Series 2016 Obligations shall not be payable from nor charged upon any funds other than the revenues pledged to their payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No owner of the either of the Series 2016 Obligations shall ever have the right to compel any exercise by the City of any taxing powers of the City to pay either of the Series 2016 Obligations or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Project Loan Agreement, the Subordinate Loan Agreement, and the revenues and assets thereunder, which will be assigned to the Fiscal Agent (with respect to the Project Loan Agreement) and the Trustee (with respect to the Subordinate Loan Agreement). The Series 2016 Obligations shall recite that the Series 2016 Obligations are issued pursuant to the Act, and that the Series 2016 Obligations, including interest and premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and the Series 2016 Obligations shall not constitute a debt of the City within the meaning of any constitutional or statutory limitations. 13. The Funding Loan Agreement, the Project Loan Agreement, the Senior Note Regulatory Agreement, the Subordinate Indenture, the Subordinate Loan Agreement, and the Subordinate Regulatory Agreement are substantially in the form or forms now on file with the City, are hereby approved, with such necessary and appropriate variations, omissions, and insertions as are approved by Bond Counsel, as do not materially adversely change the substance thereof with respect to the City, and as the City 6 134 Officials, in their discretion, shall determine, and the execution thereof by the City Officials shall be conclusive evidence of such determinations. 14. The Security Agreement, the Guaranty, and the Subordination Agreement shall be substantially in the forms now on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Borrower, the Trustee, and the Fiscal Agent, in their discretion, shall determine. 15. The City Officials are hereby authorized and directed to execute and deliver the following documents (collectively, the "Financing Documents "): (A) the Senior Note, the Project Loan Agreement, the Funding Loan Agreement, the Senior Note Regulatory Agreement, the Assignment, a Note Purchase Agreement, dated on or after May 1, 2016, if requested by the purchaser of the Senior Note (the "Note Purchase Agreement "), any consents or documents necessary in connection with the transfer of the Senior Note to the Federal Horne Loan Mortgage Corporation, including without limitation, an amended and restated note, and such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Senior Note; and (B) the Subordinate Bonds, the Subordinate Loan Agreement, the Subordinate Indenture, the Subordinate Regulatory Agreement, the Bond Purchase Agreement, and such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Subordinate Bonds. The City Officials are hereby authorized and directed to execute and deliver the following closing documents (collectively, the "Closing Documents "): (i) one or more certificates of the City; (ii) an Infornation Return for Tax - Exempt Private Activity Bond Issues, Form 8038; (iii) an endorsement to a tax certificate of the Borrower relating to arbitrage, rebate, and other tax matters; and (iv) similar documents. All of the provisions of the Financing Documents and the Closing Documents, when executed and delivered as authorized herein, shall be deerned to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 16. The City hereby authorizes Bond Counsel to prepare, execute, and deliver its approving legal opinions with respect to the Series 2016 Obligations and related matters. 17. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or perforned by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council nor any City Officials executing the Series 2016 Obligations shall be personally liable on the Series 2016 Obligations or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned Financing Documents, Closing Documents, or in any other document relating to the Series 2016 Obligations, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City, or create or establish any pecuniary liability of the City, or create or establish any charge upon the general credit or taxing powers of the City. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Project Loan Agreement and 7 135 the Subordinate Loan Agreement which are to be applied to the payment of the Series 2016 Obligations, as provided therein. 18. Simultaneously with the execution and delivery of the Financing Documents, there shall be delivered to the City the following: (i) an opinion of counsel to the Borrower as to such matters as shall be required by the City and Bond Counsel; (ii) one or more opinions of Bond Counsel as may be required by the City, the Funding Lender, counsel to the Funding Lender, the Fiscal Agent, the Borrower, and counsel to the Borrower; and (iii) such other opinions, instruments, and documents as the City may require as a condition to the issuance of the Series 2016 Obligations and the other actions of the City authorized by this resolution. 19. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or finn or corporation, other than the City, and any holder of the Series 2016 Obligations issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Series 2016 Obligations issued under the provisions of this resolution. 20. In case any one or more of the provisions of this resolution (other than the provisions limiting the liability of the City, the City Officials, or any officer, employee, or agent of the City contained herein), or of the aforementioned Financing Documents or Closing Documents, or of the Series 2016 Obligations issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned Financing Documents or Closing Documents, or of the Series 2016 Obligations, but this resolution, the aforementioned documents, and the Series 2016 Obligations shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 21. The Series 2016 Obligations, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recitals shall be conclusive evidence of the validity of the Series 2016 Obligations and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Series 2016 Obligations, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 22. The City will not participate in the preparation of any disclosure document relating to the offer and sale of the Series 2016 Obligations (the "Disclosure Documents "), and will make no independent investigation with respect to the information contained in any Disclosure Documents and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information, except for any infornation contained therein describing the City, or litigation with respect to the City. The City hereby consents to the distribution of the Disclosure Documents. The City hereby approves the execution and delivery by the Borrower (and any guarantor of the obligations of the Borrower) of any continuing disclosure agreement prepared and delivered for the benefit of the Funding Lender or the Trustee or any successors or assigns. 23. The authority to approve, execute, and deliver future amendments to the Financing Documents or other documents executed and delivered by the City in connection with the issuance of the Series 2016 Obligations is hereby delegated to the City Officials, subject to the following conditions: (i) such amendments do not materially adversely affect the interests of the City; (ii) such amendments do not contravene or violate any policy of the City; and (iii) such amendments are acceptable in form and 136 substance to Bond Counsel. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terns of this resolution. The execution of any instrument by the City Officials shall be conclusive evidence of the approval of such instruments in accordance with the terns hereof. 24. The City Officials, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Series 2016 Obligations, for the full, punctual, and complete performance of all the terns, covenants, and agreements contained in the Series 2016 Obligations, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 25. The Borrower shall pay the administrative fee of the City when due in accordance with the terms of the Project Loan Agreement and the Subordinate Loan Agreement. The Borrower will also 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 Series 2016 Obligations, whether or not the Series 2016 Obligations are issued, including any costs for reasonable attorneys' fees. 26. This resolution shall be in full force and effect from and after its approval. Adopted: March 14, 2016. ATTEST: Katie Bruno, City Clerk CL162 -052 (SEL) 473027v.4 Gary Peterson, Mayor 9 137