Loading...
HomeMy WebLinkAbout06-13-2016 CCPCH COLUMBIA HEIGHTS City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Visit our website at: www.columbiaheightsmn.gov Mayor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Donna Schmitt John Murzyn, Jr. City Manager Walter R. Fehst HThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 13, 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 Invocation provided by Pastor Max Richter, Community Methodist Church 4. PLEDGE OF ALLEGIANCE 5. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation of Humanitarian of the Year Award to Robert Peltier 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 May 23, 2016 pg 4 MOTION: Move to approve the minutes of the City Council worksession of June 6, 2016 pg 9 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Library Board Meeting from May 4, 2016 pg 13 MOTION: Move to accept the minutes of the Park & Recreation Commission meeting from Jan. 27, 2016 MOTION: Move to accept the minutes of the Park & Recreation Commission meeting from April 27, 2016 City of Columbia Heights June 13, 2016 City Council Agenda Page 2 MOTION: Move to accept the minutes of EDA meeting from January 4, 2016 pg 26 MOTION: Move to accept the minutes of EDA meeting from April 4, 2016 pg 35 MOTION: Move to accept the minutes of EDA meeting from May 2, 2016 pg 41 C. Consenting to and Approving The Issuance by the Columbia Heights Economic Development pg 48 Authority of Tax Increment Revenue Refunding Bonds. Res No. 2016 -50 MOTION: Move to waive the reading of Resolution 2016 -50, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -50, Resolution consenting to and approving the issuance by the Columbia Heights Economic Development Authority of Tax Increment Revenue Refunding Bonds. D. Final Payment For Sanitary Sewer Lining, Project 1404 pg 52 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 1404, and to authorize final payment of $7,350.90 to Veit and Company, Inc. of Rogers, Minnesota. E. Authorize Capital Equipment Purchase pg 54 MOTION: Move to authorize the purchase of (1) new Ventrac 4500 Tractor with attachments from Cushman Motor Company, Inc. of Minneapolis, MN for a total cost of $44,108.51. Funding shall come from the Parks Capital Equipment Fund 431 - 45200. F. Property Donation located at 666 40th Ave. NE Columbia Heights pg 56 MOTION: Move to waive the reading of Resolution 2016 -51, there being ample copies available to the public. MOTION: Move to approve resolution 2016 -51 authorizing acceptance of the donation of the property located at 666 40th Avenue Northeast in the City of Columbia Heights; and furthermore, to authorize the City Manager to enter into any agreements for the same. G. Stinson Business Center Development Contract pg 73 MOTION: Waive the reading of Resolution No. 2016 -52, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2016 -52, being a resolution of the City Council of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. H. Approve Resolution for Joint Grant Applcaton Supporting the Reconstriction of 37th Ave from pg 98 Central Ave to Stinson Blvd. MOTION: Move to waive the reading of Resolution 2016 -53, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -53 in support of the request for Federal STP funds for the 37th Avenue Improvements from Central Avenue to Stinson Boulevard. I. Approve Business License Applications pg 103 MOTION: Move to approve the items as listed on the business license agenda for June 13, 2016. City of Columbia Heights City Council Agenda June 13, 2016 Page 3 J. Payment of Bills pg 105 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 161362 through 161644 in the amount of $ 3,162,376.55. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. First Reading of Ordinance 1628, Amending Chapter 8, Article IV, of City Code pg 116 MOTION: Move to waive the reading of Ordinance No. 1628, there being ample copies available to the public. MOTION: Move to establish a second reading of Ordinance No. 1628 being an Ordinance amending Chapter 8, Article IV of City Code of 2005 relating to the adoption of the Minnesota State Fire Code for July 11, 2016 at approximately 7:00 pm in the Council Chambers. b. First Reading of Ordinance 1631, Conveyance of Certain Real Property to the EDA pg 119 MOTION: Move to waive the reading of Ordinance No. 1631, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1631, being an ordinance authorizing the conveyance of certain real property located at 4011 5th Street, for June 27, 2016 at approximately 7:00 P.M. in the City Council Chambers. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 12. ADJOURNMENT Walt Fehst, City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 23, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday May 23, 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 7:00 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Steve Synowczynski; Shop Foreman, Lauren Letsche; Engineering Tech, Terry Nightingale; Police Officer, John Larkin; Assistant Fire Chief and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Bob Lyndes, Crest View 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. Announcement of Community Picnic /Splash Pad Ribbon Cutting June 1st. Terry Nightingale provided information about the upcoming combined event. B. Announcement for Memorial Day Service Gerald Wegscheid announced a Memorial Day service will take place on Monday May 30th, 11:00 AM outside of City Hall. Mayor Peterson reported the recent All America City Fundraiser was a big success, raising over $5,500. Mayor Peterson announced the Royalty program is seeking applicants for the 2016 -2017 season. 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 May 9, 2016 B. Approve Permits for the 2016 Jamboree. * Removed for Discussion C. Authorize Capital Equipment Replacement Of Unit #104, Tractor Backhoe Loader, and Attachment, Unit #167, Hydraulic Hammer. * Removed for Discussion D. Minor Amendment to Solar Agreement with Apex Efficiency Solutions for 4950 Central Avenue. * Removed for Discussion E. Consideration of approval of attached list of rental housing applications MOTION: Move to approve the items listed for rental housing license applications for May 23, 2016, in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 23, 2016. G. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 161193 through 161361 in the amount of $653,150.40. Councilmember Nawrocki requested items B and C be removed for discussion. Councilmember Schmitt requested items D be removed for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the consent agenda items A, E, F and G. All Ayes, Motion Carried. The following items were removed for discussion: B. Approve Permits for the 2016 Jamboree Councilmember Nawrocki asked the City Manager to give an overview of the Jamboree events. City Manager Walt Fehst announced the parade starts at 6:00 PM, and will travel the same route as in the past; south on Central Ave, then west on 40th Ave. The carnival will run until 10:00 PM on Friday and Saturday night. Manager Fehst commented that a complete schedule will be in the local paper. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to close Huset Parkway for the time period from Tuesday afternoon, June 21, through Sunday, June 26, 2016. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 24, 2016 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to authorize fireworks at dusk on Saturday, June 25, 2016 and to waive the Fire Department fireworks display permit fee. All Ayes, Motion Carried. C. Authorize Capital Equipment Replacement Of Unit #104, Tractor Backhoe Loader, and Attachment, Unit #167, Hydraulic Hammer Steve Synowczynski, Shop Foreman reported the JCB unit is up for replacement, and indicated they would like to replace it with a new Caterpillar backhoe. Synowczynski indicated the Caterpillar is preferred for a variety of reasons including availability of parts, ease of operation, cabin room and it is quieter than others. City Manager Walt Fehst asked if other units were looked at. Synowczynski reported that recently a Caterpillar product was loaned to us, and everyone really liked it. Staff did have the opportunity to demo other units from Case, John Deere and Ford in 2000. Councilmember Schmitt indicated she had sent an email out earlier, regarding a discussion forum comparing Caterpillar and Case equipment. Councilmember Schmitt asked if a comparison was done between the Caterpillar and Case similar models. Synowczynski explained it was not, because he caterpillar is the preferred item, noting there are pros and cons to both. Councilmember Schmitt stated she would like to see a comparison before making a decision. Councilmember Murzyn, Jr. commented that in his experience, the Case had poor visibility, and he would recommend the Caterpillar, noting it is more reliable. Councilmember Nawrocki questioned how much we will receive on trading in the old equipment. Synowczynski reported we will get $8,800 for the JCB Unit and $1,500 for the breaker /hammer. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to authorize the replacement of Unit #104 and attachment Unit #167 with the purchase of one (1) new Caterpillar model 430F21 tractor backhoe loader and (1) new Caterpillar model H75ES hydraulic hammer off the Minnesota State Purchasing contract from Ziegler CAT of Minneapolis, MN in the amount of .$125,460. Funding shall come from the Capital Equipment Fund. All Ayes, Motion Carried D. Minor Amendment to Solar Agreement with Apex Efficiency Solutions for 4950 Central Avenue. Councilmember Schmitt expressed concern with what seems like cosigning the loan for Apex. Eric Hanson, Facilities Maintenance Manager reported Apex had intended to finance the liquor store project internally. They were unable to do so, and will be obtaining a loan from Community Pride Bank. Hanson reported if the Apex was to go bankrupt, the bank would take over on the PPA. City Attorney Jim Hoeft explained the city is not subject to any financial risk, and explained the liquor store project is a smaller project and more difficult to get interested investors. Community Pride Bank wants to assure that if Apex in unable to perform, they could step in as PPA. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to approve the minor amendment to the Solar Power Purchase Agreement dated November 17, 2015 with Apex Efficiency Solutions. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Adopt Resolution Number 2016 -47, being declarations of nuisance and emergency abatement of violations within the City Council of the City of Columbia Heights regarding property 4744 4th Street N.E. Assistant Fire Chief John Larkin gave an explanation of the various abatements used in the City. This item is an Emergency Abatement; meaning the property has already been secured, and staff is now seeking council's approval. This is done in instances where the property needs to be corrected right away. Councilmember Nawrocki questioned how the City is paid for the work done. Larkin reported the abatement fee is assessed to the property if not paid by the owner. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Nawrocki to close the public hearing and to waive the reading of Resolution 2016 -47, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Nawrocki to adopt Resolution Number 2016 -47, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion Carried. C 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst reported the council will be discussing their position on the Met Council reform at their scheduled June worksession. Manager Fehst shared with the Council the tentative plans for the delegation's trip to Denver for the All America City event in June. Councilmember Nawrocki questioned why so many people are attending, if the presentation is limited to ten minutes. Fehst reported that many groups are included in the City's success including Senior Citizens, Students, Library Volunteers and others. Councilmember Nawrocki suggested a donation box from the Lion's group for eye glasses be located at the new library. Mayor Peterson said he will talk to the Lions. 11. CITIZENS FORUM Frost Simula -1700 491h Ave NE asked for an update on the fundraising efforts for the All America city trip. City Manager Walt Fehst reported fundraising efforts have gone very well, however we still have more to raise. It is anticipated that about 25 delegates will go, and while many of the adults are paying their own way, students and school staff will need assistance. 12. ADJOURNMENT 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 7:58 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Resolution No. 2016 -47 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Kenneth Pritchett Jr. (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4744 4th Street N.E. Columbia Heights, Minnesota. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 4, 2016 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was open and unsecured. 2. That on May 4, 2016 the Fire Chief ordered that Advance Companies secure the vacant structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 4744 4th Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 4744 4th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 4744 4th Street N.E. is hereby approved. 8 Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: CALL TO ORDER /ROLL CALL The meeting was called to order at 7:26 PM COLUMBIA HEIGHTS CITY COUNCIL June 6, 2016 7:00 PM (Following the EDA Meeting) Conference Room #1 WORKSESSION Present: Council President Nawrocki, Councilmembers Murzyn Jr, Williams and Schmitt Also Present: City Manager Walt Fehst, Director of Public Works Kevin Hansen, Community Development Director Joe Hogeboom, City Planner Elizabeth Holmbeck, Community Development Secretary Jodi Griffin, HR Director /Assistant to the City Manager Kelli Bourgeois and City Clerk Katie Bruno Joint Federal funding application with the City of Minneapolis for 37th Avenue from Central to Stinson Blvd Public Works Director Kevin Hansen reported staff has contacted the City of Minneapolis regarding the condition of 37th Avenue. Traffic counts are 9,000 ADT on the west and 10,100 ADT on the east. For the last five years, there has been little or no response from Minneapolis. Recently, the office of Transportation Planning and Public Works of Minneapolis contacted us to begin discussions on the street and to look at potential funding sources. Cursory estimates of the reconstruction cost of this segment of roadway are in the $8 -10 million range, depending on the extent of utility work. The City of Minneapolis brought forward the idea of jointly applying for Federal Funds under the Regional Solicitation Program, administered by the Met Council. The application is due July 15, 2016. Hansen reported 80% of the project would be funded; the remaining 20% would be shared with the City of Minneapolis. The remaining 10% would be come from state aid and assessments. Councilmember Nawrocki commented that on other state aid streets the city has assessed all costs. Director Hansen explained that because of traffic counts the assessment would be reduced. Councilmember Schmitt questioned if this project would implement "complete streets." Hansen stated it would try to implement some of the components. Discussion of request to divide lots on Stinson Blvd. Community Development Director Joe Hogeboom reported the applicant is requesting subdividing the current two lots into seven lots, which would be smaller than the subdivision code permits. The applicant would request the following three variances: 1. 5' side setback 2. 6510 SF lot size 3. lot width of 42' The applicant TJ Brama indicated he is looking to build for the 50+ demographic buyers, single level living with smaller lots. Director Hogeboom indicated that there has been a trend in developing this type of product in neighboring developing communities. Brama had a draft of the proposed layout, noting he still needs to meet with an engineering firm as well as the Rice Creek Watershed District. Councilmember Nawrocki commented that the proposal seems crowded, and asked where visitors and guests will park. Hogeboom indicated that an easement could be required on the proposed shared driveway. Councilmember Schmitt encouraged the applicant to meet with the Rice Creek Watershed District to discuss options for the sloped landscape. Councilmember Williams commented that it may be difficult to sell the small lots, and asked Mr. Brama if he has considered developing four lots in the front instead of five. City Manager Walt Fehst shared Mayor Peterson's concern with the number of properties proposed, and suggested three lots in the front instead of the proposed five. Mr. Brama reported he has met with a local realtor, who informed him that the trend is going towards smaller lots with regard to their target buyer. Councilmember Nawrocki requested the current tax payment on the properties. Mr. Brama provided him with a tax statement. Councilmember Schmitt stated this looks like a good plan, and the plan seems fair, noting she does have concerns with drainage issues. Councilmember Murzyn, Jr. stated he feels the properties are close together, but stated if that design is the trend, he is ok with it. Councilmember Nawrocki stated his personal view that the proposed plan overcrowds the space. Sign Code Discussion Community Development Secretary Jodi Griffin reported in August 2015, a Variance request to allow a sign to be painted directly on the exterior of a building and to allow for the sign to exceed the maximum allowable square footage for that Zoning District was brought before the Planning and Zoning Commission. The application was later tabled by the City Council to an indefinite date in order to allow time for staff to study the need for changes to the Zoning Code as it pertains to signage in the form of painted murals, and what steps the City should take to regulate murals in the future. Ms. Griffin conducted research with neighboring cities. For those cities that specifically address the use of painted murals as a sign or public art, in most cases, painted murals are permitted; however, the stipulation is that they are not used for "advertising ". Additionally staff reported the current sign code can be confusing and not very user friendly. The following four options were shared with the council. Option #1- Take no further action /make no changes. To address painted murals, continue with existing code which prohibits any sign or graphics painted directly on any exterior surface and continue using the existing process requiring applicants to complete a Request for Variance for painted murals. Staff will begin using the Sign Code Reference Chart in order to evaluate future Sign Permit Applications. Option #2 - Do not change or amend the code itself, but simply reorganize existing rules into a more "user- friendly" format; possibly incorporate the Sign Code Reference Chart — Commercial Districts developed by staff into the Zoning Code. Option #3 — Amend the existing code to a more "user friendly" format and add a provision allowing certain forms of public art or murals and define the process by which the City will review these Sign Permit Applications and regulate murals in the future. Option #4 — Keep existing Sign Code, but add a provision for allowing certain forms of public art or murals. Councilmember Nawrocki commented that the business on Central Ave that initially requested the 10 mural needs to clean up the signs they have currently. Nawrocki commented that murals are subjective, and not everyone will have the same opinion of what looks nice. Ms. Griffin reported most neighboring cities do not speak directly to painted murals, if they do, they do not permit advertising as part of the mural. Councilmember Williams suggested murals be submitted on a case by case basis for approval. Director Hogeboom stated staff could create and bring a set of standards for council review at an upcoming work session for discussion. Director Hogeboom commented that they will look at the LED sign regulations, to assure they are in line with current technology. City Planner Elizabeth Holmbeck requested direction in rewriting parts of the current sign code for clarification. A recess was taken from 8:44 to 8:53 Discussion regarding support of Met Council Reform Community Development Director Joe Hogeboom explained that the Metropolitan Council governs regional planning for the seven - county Twin Cities Metropolitan Area. As part of its general oversite, the Metropolitan Council oversees regional land use and transportation planning, affordable housing management, management of the regional sanitary sewer system and oversite of Metro Transit. The Metropolitan Council is the only regional planning agency in the United States that is operated by unelected officials. Critics of the Metropolitan Council say that the system creates taxation without representation. Supporters of the current system believe that competing political interests would stifle infrastructure planning and housing resource allocation on a regional level. There are sixteen Metropolitan Councilmembers who oversee sixteen separate planning districts. The districts cross county boundaries. The Governor appoints the Councilmembers, who in turn hire a Chairperson that oversees all staffing and operations. Columbia Heights is located in Metropolitan Council District 2, which is led by Councilmember Lona Schreiber. Earlier this month, the Minnesota Senate approved two reforms to the Metropolitan Council. • Staggering the terms of the Metropolitan Council Members so that the complete Council does not turn over as a result of a gubernatorial election. • A 13- member Nominating Committee would be created to oversee appointment to the Metropolitan Council. The Committee would be comprised of at least three city representatives (mayors or council members) and three county representatives. The coalition of cities including four counties and 34 cities is looking to have current elected officials serve on the Met Council. Director Hogeboom contacted Metro Cities, they do not support the Coalitions' position that would require the majority of the Metropolitan Councilmembers to be comprised of already - elected officials. Staff has been in contact with Metro Cities officials, who have provided a sample proposed resolution. City Manager Walt Fehst expressed concern with the appointment of current elected officials, noting a conflict of interest may occur. Councilmember Williams stated he is comfortable with the draft resolution submitted by Anoka County. Councilmember Schmitt has spoken to both Representative Carolyn Laine and Anoka County Commissioner Rhonda Sivarajah, both indicating a change is M necessary. Schmitt suggested inviting both Representative Laine and Commissioner Sivarajah to a future work session for further discussion. Director Hogeboom agreed to contact them as well as Patricia Nauman from Metro Cities. Comprehensive Plan Discussion City Planner Elizabeth Holmbeck reported the City is required to submit the updated Comprehensive Plan in March of 2018. Community Development Planning Staff will oversee the production of the plan; consultants will be used to complete specific sections. An advisory committee will be formed, allowing community members to participate in the process. Collective Bargaining Strategy* Closed pursuant to MN Statute 13D.03 Councilmember Nawrocki announced the meeting is moving into closed session at 9:37 PM. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to go into closed session. All Ayes. The regular meeting reconvened at 9:52 PM Meeting Adjourned at 9:52 PM Respectively Submitted, (x✓ &C4— Katie Bruno, Council Secretary /City Clerk 12 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES May 4, 2016 Approved 6/1/2016 The meeting was called to order by Chair Patricia Sowada at 6:31 p.m. Members present were Nancy Hoium, Steve Smith, Patricia Sowada, and Catherine Vesley. Also present was Library Director Renee Dougherty and Recording Secretary Renee Rewitzer. Absent was Board Member Barbara Tantanella and Council Liaison Gary Peterson. The minutes of the April 6, 2016, Board meeting were approved. The bill list dated April 20, 2016, was reviewed. It was moved, seconded, and passed that the bills be paid. The May, 2016, accounting sheet was reviewed. Old Business: Update on New Library Construction Construction is roughly on schedule; the building is now fully enclosed. The interior walls are framed and electrical, sprinkler, plumbing and air handling systems are in place. We are waiting on a set of west facing windows. The board toured the site on May 4, 2016 and enjoyed the tour very much. It is anticipated that on June 2, 2016, Ebert Construction will turn the building over to the city. Shelf check stations are scheduled to be installed the week of June 6. Dougherty is reviewing four bids from moving companies. RFID Update At the time of the meeting 42,000 items from the collection have been tagged. Dougherty expects tagging to be completed by Friday, May 6. New Business: Replacement cards Dougherty approached to the board to consider issuing replacement cards at no cost to patrons during the grand opening. Vesley made the motion to offer replacement library cards at no charge for the grand opening through July 30. Smith seconded the motion; motion passed. Youth Read Down for June and July Dougherty shared that Anoka County will be promoting Youth Read Down and would 13 like the board to consider doing the same for Columbia Heights. Youth ages 17 and under may earn $1.00 off their overdue fines for every fifteen minutes they read in the library. Hoium moved that Columbia Heights Public Library participate in the Youth Read Down for June and July. Vesley seconded the motion; motion passed. Plans for Grand Ooenin The Grand Opening will occur on June 25, 2016, from noon to 4:00 p.m. Plans include a Mayoral welcome, short speeches from Dougherty, individuals from the Library Board, Library Foundation, Design Task Force, and Mississippi Watershed Management followed by a ribbon cutting. Entertainment ideas include music, scavenger hunt, a story walk, a presenter in the History room and food. Dougherty encouraged the Board to share brainstorming ideas with her. Vesley suggested that stickers with a catchy phrase akin to the "Yes a new library" buttons be handed out during the opening. Staffing Update on Clerk Typist II Dougherty notified the Board that Renee Rewitzer has submitted her resignation effective June 10, 2016. The Library Clerk- Typist II position will be posted through May 13. The Assistant to the City Manager and Library will conduct interviews on May 20. 2017 Budget Dougherty reported that she must present a preliminary budget by the end of May. The City's 5 -year plan could accommodate a 2.5% increase in revenues and expenditures. At this time no labor contracts for 2017 have been settled so personnel costs are unknown. Items from the Floor: Dougherty shared that Susan Nemitz, Ramsey County Library director, has accepted the directorship at the Santa Cruz County Library. Sowada inquired about the status of the 401h Avenue building. Dougherty replied that it is an commercial listing and has been shown at least once. Core Commercial is the listing agent. There being no further business, the meeting was adjourned at 7:15 p.m. Respectfully submitted, Renee J. Rewitzer Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the 14 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: W, CH COLUMBIA HEIGHTS Park & Recreation Commission Minutes of the Meeting Keyes Room, John P. Murzyn Hall January 27, 2016 David Payne called the meeting to order at 5:30 p.m. Roll Call Members present: Anne Carder, Bruce Evans, David Payne, Marsha Stroik Staff present: Kevin Hansen, Public Works Director; Gary Peterson, Mayor; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary Approval Consent Agenda Motion by Stroik, second by Carder, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests None at this time. Old Business A. Keyes Park Master Plan -Initiation Hansen distributed the proposal for the Keyes Park master plan. Based upon staff reviews the Park Planning consultant, ISG, has been chosen. The consultants at ISG will meet with parks staff and then with the Park and Recreation Commission members to discuss plans continued elements or the redevelopment within the park. After that is complete a public or neighborhood meeting will be held for public discussion and input. Payne asked if the members should review the proposal by the next meeting. Hansen replied yes within the next few months the consultants would be at a future Park and Recreation Commission Meeting depending on schedules. He mentioned this process will follow the same format as has been done with all other master park plans. Public input is a critical step. The other important step is to involve the police department for a review of the plan from a public safety perspective. B. Update on the Huset Park splash pad Hansen spoke with staff from the police department to invite them to be a part of a grand opening for the Huset Park splash pad around Memorial Day. Police staff would not be available until after the Jamboree at the end of June. Windschitl indicated June 1 had been set as the grand opening date. There is a community group called Heights Next being led by resident Connie Buesgens, and they are very interested in holding a community spring fest. This event would have food trucks, tables with other civic or volunteer groups, and just an evening for the community to come together. Windschitl spoke with Buesgens about the spring fest event and the possibility of incorporating it with the splash pad grand opening. June 1 was a possible date discussed. Hansen indicated the police staff were interested in the event but did not work with timing of the date and would prefer to wait until after the Jamboree. Windschitl continued that the Heights Next group liked the idea of having a spring fest along with another city or neighborhood event such as the grand opening of the splash pad. Their idea is to have Mill Street blocked off with the food trucks and tables in the street. Windschitl discussed options if the weather is not good on that evening and the event could either use the shelter or Murzyn Hall as a IF. City of Columbia Heights January 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 2 backup option. Hansen asked if the Heights Next group holds formal meetings. Saefke replied yes, the group has met a few times at Murzyn Hall. Hansen replied that it would be a good idea to coordinate the efforts with this group because the grand opening of the library will be some time at the beginning of summer also. Windschitl stated the discussion just took place today. Some of the ideas mentioned were to get other volunteer or civic groups at the spring fest, if the City was interested the departments could have tables set, and other ways to get the youth, families, and all citizens involved at the event. Saefke indicated the main focus of Heights Next is to get more involvement from the community and make positive changes in the City. They want to invite many different civic groups to have a presence at the spring fest. Peterson stated that many people are interested in the focus of the Heights Next group. Windschitl reported Buesgens has become involved with the Beautification Committee and began a project involving local Girl Scout groups to plant milkweed which helps the monarch butterfly population. She is also a member of the Planning and Zoning Commission. Hansen asked the Commission what their thoughts were in working with a group like Heights Next during the grand opening of the Huset Park splash pad. Stroik and Carder replied it is a good idea. Carder likes the idea of having civic groups represented at the event to expose new residents to the many different resources available for community involvement. Payne stated to move forward with the Huset Park splash pad grand opening on June 1. A discussion was held on the construction progress of the new public library. Evans asked what the plan is for the old library building. Hansen replied the item is going to be on the City Council agenda in March with ideas for potential building use, plans, and other background information such as estimated value if the building were to be for sale. Peterson asked for input from the Commission on how they would like to see the building used if the City were to keep the building. Stroik asked what the size of the building is. Peterson replied the building is about 14,000 square feet. Hansen replied the building is 6500 square feet per floor that is usable and thirteen parking spaces. Carder asked if the buildings on the other side of the street from the library, like the plumbing building, are owned by the city. Peterson replied no they are privately owned. Hansen indicated the June 1 spring fest date should be kept on the agenda for the next meeting. This would allow time for staff to meet with Heights Next and discuss details to put together the event. Windschitl indicated it is a good idea to bring the community together and introduce the splash pad to the public. Carder asked if people would purchase food. Windschitl replied he brought up the idea of keeping food costs low, getting county food permits, and have a group like the Athletic Boosters serve hot dogs. Stroik indicated it would be nice to have food donated. She suggested contacting Dave Rudolph from SACA for connections to food trucks. Peterson replied there was a good example of the community coming together last night for the Young Artist Showcase where local restaurants donated food, the new Chipotle, Noodles and Company, and Little Caesars. He appreciates their cooperation and encourages people to visit their businesses. New Business A. LaBelle Park Circle Terrace Hansen updated the Commission that the master plan for LaBelle Park was approved with the amendment of the Circle Terrace Park. This includes the multi - purpose park building. The police chief has been very instrumental in finding funding for the area. Community Development Director Hogeboom applied for Community Development Block Grant money. The results should be in sometime this spring if there is additional funding available to build the building. Hansen stated this year's budget has money for the replacement of the small playground equipment. It is intended to remain a small park area. Evans asked how big the building will be. Hansen replied maybe a 24 foot by 36 foot building or 17 City of Columbia Heights January 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 3 slightly larger. Evans asked if the old library could work for a community building. Hansen replied no because of the location and size of the building. Peterson indicated he would like to see the community building be a nice facility with windows overlooking the view from the top of the hill over LaBelle pond. Hansen indicated staff is also looking into installing a half -court basketball area. Carder asked if there is a worry about vandalism with the new equipment and building. Peterson replied no because there is a lot of support from the residents in the neighborhood around Circle Terrace to make improvements to the area. He indicated the neighborhood was surveyed on foot three separate times and the residents are very excited to see the updates. Reports A. Recreation Director Windschitl reported that Liz Bray the Recreation Program Coordinator was named the 2015 Employee of the Year. She is very deserving of this recognition and does a great job with all of the programs. He reported the recreation office was remodeled; staff painted the walls, and new carpet was installed and looks very nice. There were marketing posters done for the rebranding of the city logo and office staff framed the posters and they are hanging in the office. The city is going to start selling smaller versions of the posters due to the positive comments when residents see them. Windschitl reported there are a few HVAC problems that are being worked on. When the software system was installed the contract was through Honeywell and the City is no longer contracted with Honeywell. The problem is finding someone who knows how to use the software program. The heat is working and everything is working, but not as efficiently as it could be if the software was running correctly. One additional problem over the past year has been with a broken humidifier. Windschitl is getting prices on replacement with a range of $4900 to $6900 from three different bids. Evans asked why there was a departure from Honeywell services. Windschitl replied some city staff felt that they were not getting the full services in the contract. At the time there was a full time custodian at the recreation department who worked closely with Honeywell technicians and was very happy with the service. When the contract was switched recreation staff thought that there would be a technician who would be able to work with the controls of the software program. One resolution may be to contract with Honeywell for the Murzyn Hall building only. Stroik clarified that there is no longer a full time custodian at Murzyn Hall. Windschitl replied there has not been a full time custodian for 5 years or so. There are part -time custodians and one in particular who does a lot of maintenance projects. Public Works has been really good to work with and help out with various items such as a plumbing fix. Windschitl indicated that he is very involved in the overall operations and projects within the building. There is a fulltime maintenance supervisor who sees over all the city operated buildings and he is very busy at the liquor stores and public safety building. Stroik asked if the liquor stores are still making a profit. Peterson replied yes, not as much currently due to the cost of the buildings but we are building equity with city owned facilities. B. Public Works Director /City Engineer Hansen reported the Public Works maintenance department typically operate with 21 staff and are currently staffed with 16. There have been two positions filled recently and two more positions to fill within the next few months. Luckily the water main breaks and snow plowing for this season have been minimal, which would be very tough to handle a large number with a 25% less workforce. There have only been two or three full city plows. C. Commission Members Peterson indicated there will be promotional items for sale with the city logo such as coffee mugs, 18 City of Columbia Heights January 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 4 coffee tumblers, a cell phone card holder, and posters. Payne asked where these items can be purchased. Peterson replied at city hall, the public safety building, and the recreation department. He indicated the Activity Fund donated the startup money for the first order of the promotional items. Peterson invited the members to the Fire & Ice Plunge at Silver Lake Park on Saturday from 11:00 a.m. to 4:00 p.m. There will be a food truck from Stanley's, a heated beer tent, and the police department will have a shuttle bus running from the nearby church parking lot. He stated that for this event only in its second year it has really grown. It is $40 to jump. Last year there were 40 jumpers and this year they are expecting even more. Peterson reported over 10% of the citizens are trained in CPR so we are qualified as a heart safe community. Payne thanked Peterson for a wonderful Taste of Columbia Heights Holiday Kickoff event. He said it was a fabulous event and twice as many people from last year. Peterson replied that it was a great evening and is planning to presale tickets for the next year. It is a very good fundraiser with the ticket sales and silent auction. Payne enjoyed the various types of music. Peterson invited members to a music night being planned for March 9. He is currently searching for a band. Last year was a bluegrass theme and would like to showcase a different style of music this year. Payne adjourned the meeting at 6:30 p.m. Deanna Saefke, Recreation Clerk Typist II 19 CHI COLUMBIA HEIGHTS Park & Recreation Commission Minutes of the Meeting Keyes Park April 27, 2016 David Payne called the meeting to order at 5:33 p.m. Roll Call Members present: Anne Carder, 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, Commission Secretary Also present: Amanda Prosser, PLA, ASLA from ISG Consulting Firm, 13 citizens Approval Consent Agenda Motion by Stroik, second by Greenhalgh, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests A. Letter of request for a full refund from a canceled rental of John P. Murzyn Hall on June 18, 2016. Windschitl indicated the down payment for a hall rental is $500. Typically 80% of that will be refunded if the date is re- rented. In this case the groom suffered a stroke, and staff feels a full refund can be given in light of the situation. The date has been re- rented. Motion by McDonald, second by Stroik, to approve the request for a full refund for the canceled wedding reception on June 18, 2016. Upon vote: All ayes. Motion Carried. Old Business A. Keyes Park Master Plan public meeting The public meeting will start at 6:00 p.m. B. Huset Park Splash Pad Grand Opening event A flyer was distributed with details for the Huset Park Splash Pad Grand Opening event. New Business A. 2016 Jamboree Fireworks Windschitl invited the members to view the proposal he was given by Pyrotechnic Display Inc. This is the same company that has been used for many years. This will be a $6000 fireworks show. After using this company for so many years no other companies have presented a bid. Payne indicated he has always been happy with the fireworks and feels Pyrotechnic Display Inc. does a great job. Motion by Stroik, second by Evans, to award the bid for the Jamboree fireworks on June 25, 2016 to Pyrotechnic Display Inc., with a backup date of June 26, 2016 if rain delayed. Upon vote: All ayes. Motion Carried. 20 City of Columbia Heights April 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 2 B. John P. Murzyn Hall rental fees for non - profit groups Windschitl asked the Commission to think about the conditions where non - profit groups ask to rent John P. Murzyn Hall. The number of requests has been increasing from groups asking for a reduced rental rate and the groups are not located within Columbia Heights. The Commission voted in the past that reduced rates are not given on a Saturday, especially during peak rental times. Windschitl indicated requests for reduced rates have been handled in a case by case manner and brought to the Commission for approval in the past. If the group met the requirements the non - profit or fee waived type of group rate of a $50 entry fee and $20 per hour of use within the facility was given. The reason behind that fee is to help compensate for the staff time, heating, and energy use. Windschitl would like the Commission to discuss this process and bring a decision back at a later meeting. The discussion should consider if this discounted rate should continue, specifically on a Friday or a Sunday rental. If the discounted rates are to continue, Windschitl indicated there should be some restrictions added to this policy. He indicated many community or civic groups utilize the building throughout the week for various activities. One example could be once a group rents the space at a discount on a Sunday and then wants to continually rent one Sunday every month that would affect the overall revenue. There could be a case by case situation where a decision is voted on by the Commission or some kind of exclusion could be listed as in how many times a group can rent in one year. Evans stated that some kind of limitations should be set. Windschitl stated the rate could be increased for a Friday or Sunday rental up to a $100 entry fee and $40 per hour of use. One more item to consider is if the organization needs to be a resident or business within Columbia Heights. Evans asked if that wasn't a standard rule already. Windschitl replied no. Evans stated that should be a requirement. Windschitl indicated he would like to get a policy in place so that there are not as many questions. Carder asked how much it costs to run the hall for an hour. Windschitl replied that is a difficult number to produce. Most events use 4 hours and more. When an event is booked on a Sunday there is typically a rental on Saturday so there is a minimum of eight hours staff time used to clean from the event on Saturday, then reset the tables for any event on Sunday, staff the event Sunday, and then clean up after again. He believes that the building is designed for multiple uses and that the City Council is in support of that as well. Payne indicated the non - profit rental fees will be tabled until the next Commission meeting. Reports A. Recreation Director Windschitl passed out the flyer for the June Vt Splash Pad Grand Opening /Community Picnic. This is collaboration with the police department. There will be free food from the CH Athletic Boosters, many different community groups will be represented with tables of activities and information, there will be a Mariachi band, ice cream, another food truck, and the street will be closed off from 5th Street up to Murzyn Hall. The second flyer is for a City fundraiser on May 20th at the police and fire building. This will raise funds to help send students out to Colorado with the city delegation for the All-American City Award. The third flyer is for a 50% fundraising event at Noodles & Company in Columbia Heights on Thursday, May 12. Anyone that makes a purchase and mentions the Columbia Heights fundraiser Noodles & Company will donate 50% of the proceeds to the All-American City Award delegation. B. Public Works Director /City Engineer Hansen reported last year the City sent a police contingent to Lomianki, Poland last year and they are reciprocating this year. Staff is trying to dress up Lomianki Park. This park has not seen a lot of capital improvement or use over the last 20 years. One item will be to remove some of the dilapidated facilities and conduct a turf restoration. Other items include redoing the park sign, taking out the unusable tennis 21 City of Columbia Heights April 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 3 court, and removing a much damaged trail on the far west side of the park. Payne asked about the ballfield. Hansen replied that is a very small field used for younger ages and they would leave that as is. Saefke indicated that the Beautification Committee will be planting flowers around the park sign and Buesgens has volunteered to plant that area. Motion by Greenhalgh, second by Evans, to instruct staff to remove the tennis court and portion of the damaged trail in Lomianki Park. Upon vote: All ayes. Motion Carried. Hansen reported two new public works employees that will begin working next week. He stated the posts are up for the shade structure, the benches, and tables are underneath those areas. With exception of the sails being installed closer to the grand opening up the splash pad is complete. Testing of the system will happen as the weather warms up. C. Commission Members Payne asked if LaBelle Park is complete. Hansen replied that the work through the contractor is complete. Staff will continue with decorative fencing in the overlook area, benches and tables will be installed when they arrive. Payne asked about the plantings in the overlook area. Hansen replied the native plantings were done last fall and will start showing up this spring. Clerkin asked if the bench was installed around the Huset West pond. Hansen replied that he was under the impression that both of them were in place. Clerkin will go over to the park and check. Old Business A. Keyes Park Master Plan public meeting 6:04 the public meeting began. Hansen recognized the Park and Recreation Commission Members who volunteer to serve on the city commission. They oversee what happens in the city parks; give recommendations to the City Council, and with some of the recreation programs. Hansen discussed the process the process of creating a park master plan. The first step is to receive staff input from the Recreation and Public Works departments on what would best be suited in the park for public use and programming, then prepare plans for review by the Park and Recreation Commission, and receive public review and input. After that a Master Plan is prepared. In 2007 staff began preparing master plans for several city parks beginning with Sullivan Lake Park, Silver Lake, Ramsdell, Huset, and LaBelle Park. Prior to 2007 the City had not done any real investments within the parks since the 1970's. The process of the park improvements could take one year or several years. The total cost investment per park is between $400,000 to $500,000 dollars. A big part of making the best park improvements is based upon public input of those that live around and use the park. The City uses a professional park planning to assist in the process. Hansen introduced Amanda Prosser from ISG Consulting Firm who has worked with the City since 2007. He invited those in attendance to fill out the comment cards. There will also be a space on the city website for the public to make comments on Keyes Park. Prosser indicated an inventory of the existing conditions within the park was taken. The hillside was filled many years ago with various types of fill so the plans will avoid cutting into the ground as much as possible. The park building does not meet current accessibility codes, there are no walkways leading to the building, there are no windows in the building, and there could be other issues with the plumbing that is unknown. Two recommendations are to remove the building and install an open air shelter or to renovate the building and bring it up to current ADA codes. The hockey ring in is poor condition and has the least amount of use between the other parks during the winter. The parking lot is not conducive to park access. The playground needs total replacement. Hansen indicated the playground is old enough where there are no replacement parts available for this particular style of equipment. Prosser stated 22 City of Columbia Heights April 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 4 that park trails are in high demand in parks everywhere. This park does not have any walkways that connect the areas of the park. Both plans show use of the sledding hill. Restroom facilities are an item that is frequently asked for within a park. Prosser discussed the differences between the two concept plans. Concept 1 has two separate parking lots for a total of about 40 stalls. There are several pedestrian entrance points around the park on the walkways. This concept has a heavy focus on improvements to the ballfields. The largest field is about 300 feet. The backstop on the larger field in this position will need protect added during the winter for the people sledding. The building is removed and an open air picnic shelter shown. This concept has a large overlay area for soccer to be played and flexibility to be moved to different areas each season. A wooded buffer is show along the western edge of the park prior to the houses. A resident asked what kind of lighting would be in the park. Prosser replied security lighting for parking lots, the shelter, the sledding hill, but no additional trail lighting. Prosser spoke about concept 2. There is one consolidated parking lot with about 40 stalls. The wooded buffer area is still on the west side of the park between the neighborhood and the park. The walking path goes around the whole park with designated paths to the different amenities of the park. The sledding hill has no barriers until the backstops of the ball fields that are positioned to the west end of the park. The bigger ball field is at 260 feet. The soccer area has some flexibility within the space but shows two separate areas. This concept creates a central hub behind the two back stops for the amenities in one general area. The open air shelter is close to the playground and ballfields. There is also an open greenspace for future amenities such as a splash pad, an exercise course, a community building, or other ideas. Prosser presented various precedent imagery examples to show options for picnic shelters, playground equipment, or exercise stations just to get the public opinion on what style is most popular. One idea from a Commission Member was to reach out to all ages, and have fitness equipment for adults. There are not a lot of differences in some of the equipment that is used for youth versus what is at a park for an adult. Most often the equipment will be clustered in one area or spread throughout a walking trail system with small stations. Stroik asked about the size of the ball fields and wanted to make sure the sizes were compatible with the recreation sports programs. Windschitl replied the current fields are used for a variety of youth leagues and not for any adult leagues. Stroik asked if he would foresee a need for an additional adult league field. Windschitl replied that he does not see that as a trend. He does use Keyes Park for T -Ball, and Squirts coach pitch on the smaller field. The larger field is used forjunior varsity girls' softball, and 12U boy's baseball. Hansen indicated that within the park system and being located within the watershed district we are required to provide storm water treatment. The concept plans show water treatment areas and the goal is not to have standing water for long period of time. A good example of a water infiltration basin is at Ramsdell Park. Resident questions followed the presentation. Will there be a rain garden? Will there still be a skating rink or a warming house? Prosser replied both concept plans have eliminated the skating rinks so there is no need for a warming house but plans show either a shelter or small park building. Hansen replied over the past 15 years the recreational skating use within the parks has decreased. There is still non - programmed use of the hockey rinks at the other two parks. Is it possible to widen 46th Avenue at the top of the hill on the east side to allow for parking during the winter for sledding? Hansen replied that 23 City of Columbia Heights April 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 5 will be noted, but as previously stated the dirt within the slope of the hill was all brought in as fill and is probably contaminated in some way. Minneapolis owns the land on the opposite of the street from the park. Council Member Schmidt likes the intergenerational usage of the park and believes that the neighbors with kids should have the loudest voice on what items should be at the park. Windschitl indicated over the past few years the usage of park shelters has grown. He believes that there is a great value in having an indoor restroom in addition to a shelter that would be available for people renting the shelter. A few residents voiced concern with safety. They would like to see equipment for smaller children to deter much older youth from the area. The area at McLeod and 45th Street has been a location for crime in the past. Hansen asked if the residents would like to see a trail connection at that area. A resident replied there are a lot of people walking on the street in that area. Payne asked if a street light is at that corner. A resident replied there are not a lot of houses in that area. Payne responded that even in his neighborhood with sidewalks many people still walk on the street. A resident would like to see a light at 45th & McLeod. Parking is always a problem in that corner where cars park on the curve and eliminate room on the road and block vision. A resident asked if there are records of safety issues along the 45th and McLeod area. Hansen replied he is not aware of any police reports for pedestrian incidents in that area. A resident asked if the intention is to draw more people to the park. Hansen replied that with the updates to the park there could be an increase in park usage, but with the walking connections from the updated parking lots that would help to relocate cars to the correct areas. Windschitl replied the larger ball field could have slightly increased use. Hansen stated by having a shelter there could be an increase in park usage but again would hope the parking lot would be used first. He asked if the neighbors would like to see an increased number of parking stalls. Residents replied yes. Carder replied there are numerous cars especially during T -Ball games. Buesgens said yes, a walking trail connection to 44th Avenue would be good. People would feel safer walking on a sidewalk than the street. A resident asked what the timeline is for the park at this point. Hansen indicated the process for receiving public comments will remain open through May on the city website or calling the public works department directly. He encouraged those in attendance to add comments and spread the word to others in the neighborhood to comment as well. Once all of the comments are reviewed a final plan will be prepared. After the Park & Recreation Commission reviews the plan it will go to the City Council for approval. Any park improvements are not budgeted or funded by the City in 2016. Schmidt voiced an opinion to see a shelter that would include a mini kitchen such as the large shelter at Long Lake Park. Keyes Park might not be the best fit but would like to see something in the future at a park with any type of shelter that would include plugins, a sink, and small kitchen type room to serve food out of. A resident asked if the walking trails would be paved. Hansen replied yes they would be asphalt. Would the trails be maintained year round? Hansen replied that would depend on the usage within the park and would be determined at a later time. He stated some trails within other parks are maintained all year and other parks with less use are not. A resident likes the idea of an outdoor shelter but is weary of increased usage of the area near the cul de sac due to parking and having kids living at the houses along the street. Payne asked if ten to fifteen parking stalls could be added to concept 2 where the current parking lot is located. Hansen replied that the destination points have defined pathways for people to get to from where the parking lots are located. This feature is not currently at the park, which contributes to the parking issues. Resident question, will there be bike paths? Hansen replied yes. A resident liked the idea of more lighting within the park and the buffer area between the houses and the park. Another likes the idea of a walking trail around the park so that kids are not riding bikes through the grass, and could the walking trail fit bikes as well. Hansen replied a typical trail for pedestrian use is eight feet wide and to have a trail for dual use allowing bicycles is ten feet wide. A ten 24 City of Columbia Heights April 27, 2016 Park & Recreation Commission Minutes of the Meeting Page 6 foot trail is more expensive and takes more resources to maintain. Buesgens indicated there are more bikers in the City than she has seen in the past. Resident commented to have one pathway that is wider to provide a crossover for bikes. A resident stated the streets around the perimeter are not a high traffic area and that by just having sidewalks doesn't mean that people will use them. Another resident replied McLeod has a heavy flow of pass through traffic. Greenhalgh asked if the fencing of the ballfield that was installed in part with a Twins Grant will be kept or moved to a new field. Hansen replied yes if the fencing is in good condition. Greenhalgh indicated that he lives in the neighborhood and frequently walks around the park, he feels that a walking trail is a must have feature. A resident asked if a basketball hoop will be in the park. Hansen replied that is not intended to be there. Residents agreed. An opinion in the favor of having a stair path going up the hill. Please have more trees around a shelter and the playground area for shade. Hansen replied yes there will be a combination of trees and other plantings for buffering around the park and within the buffer area. Staff tends to plant around 100 trees throughout the parks in a year. Another commented to incorporate for shade in the playground area. Schmidt indicated an application could be made for a Blue Shield Blue Cross grant. One item that may help the approval of that type of grant is having small signs around the park with the distance traveled. A resident asked where the funding would come from for this project. Hansen replied that any new development within the City they pay funding designated for park dedication. The City also allocates money each year for park redevelopment. This is not typically enough funding to complete the park redevelopment in one year, rather it provides funding for planning a project and funding over a number of years. Hansen stated for those not at the meeting earlier a typical park redevelopment costs between $400,000 and $500,000 dollars. For examples Sullivan Lake Park was just over $500,000; Ramsdell Park was just under $500,000; and the Huset West splash pad was over $500,000. Prosser encouraged comments on whether or not to keep the current warming house, install a picnic shelter, the location of the playground, and the ballfield variations. Hansen encouraged additional neighborhood comments, and thanked everyone for attending the meeting. Payne adjourned the meeting at 7:02 p.m. Deanna Saefke, Recreation Clerk Typist II 25 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. 26 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. MOTIONPASSED. 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. 27 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 4th day of January, 2016. Motion by: Murzyn Seconded by: Szurek BUSINESS ITEM 1. 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. 28 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 Commissioners ('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. 29 EDA Minutes Page 5 January 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' /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 '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. 30 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, LLCfor 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 "). Furor! Unknown document property name. 31 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 perfonnance 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. 32 EDA Minutes Page 8 January 4, 2016 EXHIBIT A Property 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 ' /z 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. 33 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 adj ourned at 6:5 8 pm. Respectfully submitted, Shelley Hanson Secretary 34 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF APRIL 4, 2016 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Gary Peterson. Members Present: Donna Schmitt, Gary Peterson, John Murzyn, Marlaine Szurek, Bobby Williams, Bruce Nawrocki and Gerry Herringer Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, Joseph Kloiber, and Shelley Hanson. PLEDGE OF ALLEGIANCE - RECITED CONSENT ITEMS 1. Approve the Minutes from March 7 and March 15, 2016. 2. Approve the Financial Report and Payment of Bills for February 2016 on Resolution 2016 -07. Questions by Members: Herringer asked what the payment to Carlson McCain was for. Dahl stated that is for finishing some of the environmental remediation work that was started in 2004. Motion by Nawrocki, seconded by Szurek, to waive the reading of Resolution 2016 -07 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki, seconded by Szurek, to approve the consent agenda as presented. All ayes. MOTIONPASSED. RESOLUTION NO. 2016-07 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of February, 2016 and the Payment of the Bills for the Month of February, 2016. 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 35 EDA Minutes Page 2 April 4, 2016 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 February, 2016 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 BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 4 "' day of April, 2016. Motion by: Nawrocki Seconded by: Szurek BUSINESS ITEM 1. Ratifying the Approval of a Second Amended and Restated Contract for Private Redevelopment with the City of Columbia Heights and Columbia Heights Leased Housing Associates I, LLP- Resolution 2016 -08 Dahl stated that on October 12, 2015, the Economic Development Authority authorized the execution of the Second Amended and Restated Contract for Private Development at Huset Park with Columbia Heights Leased Housing Associates I, LLLP ( Dominium). The contract was approved, contingent upon that no modifications affect the substance of the transaction. Before the contract was executed, Dominium proposed a modification to incorporate additional language, a new Section 3.5(b) relating to the refunding of the EDA's outstanding Tax Increment Revenue Bond, series 2007. This additional language constitutes a modification to the substance of the transaction, which requires approval by the EDA and the City. 36 EDA Minutes Page 3 April 4, 2016 Previously, during negotiations the City, the EDA and Dominium discussed the possibility of refunding the EDA's Bonds, which were originally issued to finance the public infrastructure for the Huset Park development. The Bonds are secured by a first- priority pledge of tax increment from the TIF District. The EDA also issued a TIF Note to the original redeveloper, which has been assigned to Dominium. The TIF Note is also secured by tax increment, but on a subordinate basis to the Bonds. If the Bonds are refunded at a lower interest rate, less increment will be required to pay debt service on the Bonds, which will result in a greater amount of left- over increment available to pay the principal and interest on the TIF Note. At the time the EDA and City approved the Second Amended and Restated Contract for Private Redevelopment, the parties had not come to an agreement on the refunding of the Bonds, and therefore the refunding concept was not included in the contract. At the beginning of 2016, however, the Redeveloper expressed renewed interest in the refunding. The parties have negotiated a new Section 3.5(b) to the contract adding the following: The EDA will issue refunding bonds to achieve debt service savings. The Redeveloper will pay all costs associated with the issuance of the refunding bonds. The Redeveloper will pay an administrative fee of $100,000 to the EDA, to be deposited into a redevelopment fund designated by the EDA and the City. Staff recommends ratifying the approval to the Second Amended and Restated Development Contract for Private Development between the Economic Development Authority, the City of Columbia Heights and Columbia Heights Leased Housing Associates I, LLLP. A copy of the Amended Contract was given to the members for review prior to the meeting and is on file. Questions from Members: Fehst asked how much was being re- financed. Kloiber stated that 2.475 million is being re- financed out of the original 2.9 million that began in 2007. Kloiber went on to say that because this bond is generating a lower interest amount, the administrative fee of $100,000 payable to the EDA was part of the negotiated agreement. Nawrocki asked what happens if the debt service is not paid. Fehst stated that it is not the City's responsibility to make the payments. Nawrocki then asked how many years were left on the re- payment schedule. Hogeboom stated the original bonds were issued in 2007 for 20 years. So there is 11 -12 years left. Nawrocki asked what the taxes would be once the building is finished if it wasn't in the TIF District. Hogeboom said he would get Nawrocki that figure. Fehst reminded members that if the site had not been in a TIF District, redevelopment probably would never have happened since it enabled the City to qualify for grant funds to assist with the clean - up of the site. 37 EDA Minutes Page 4 April 4, 2016 Kloiber said even if Dominium or Shafer Richardson weren't involved, the re- financing of the bonds would still be on the table to lower the interest rate. Herringer asked if the time table for it to come off the TIF status remains the same. Kloiber said it did. Kloiber also explained to members how the City receives the funds and then the funds are applied to the "Pay as you Go" notes, which is in the City's best interest overall. Schmitt asked when we get the $100,000 in administrative fees. Hogeboom stated at the time of the re- financing. Szurek asked when the ground breaking would be. Hogeboom stated they want to start mid - May. Motion by Szurek, seconded by Williams, to waive the reading of Resolution 2016 -08, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Szurek, seconded by Williams, to adopt Resolution 2016 -08, Resolution Ratifying the Approval a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates I, LLLP for the "Redeveloper Parcels " at Huset Park Senior Living. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-08 RESOLUTION RATIFYING APPROVAL OF A SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority, the City of Columbia Heights (the "City "), and Columbia Heights Leased Housing Associates I, LLLP (the "Developer ") have negotiated a Second Amended and Restated Contract for Private Redevelopment (the "Contract ") to allow for the redevelopment of certain property originally included in a Contract for Private Redevelopment between the City, Authority, and Shafer Richardson dated as of October 25, 2004, as previously amended and restated (the "Prior Contract "), regarding redevelopment of certain property within the City located in the area known as Huset Park (the "Redevelopment Property "). 38 EDA Minutes Page 5 April 4, 2016 1.02. The Authority previously approved the Contract on October 12, 2015, subject to modifications that do not alter the substance of the transaction, and the Redeveloper has acquired the Redevelopment Property, but the Contract has not been fully executed. 1.03. The Authority, the City and the Redeveloper have proposed to modify Section 3.5 of the Contract to allow for the refunding of the Authority's outstanding Tax Increment Revenue Bonds, Series 2007, to achieve debt service savings. This revision constitutes a modification that alters the substance of the transaction, and as such requires the approval of the Authority and City. 1.04. The Board has reviewed the Contract as proposed to be revised and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Ratification of Approval; Further Proceedings. 2.01. The Contract as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 4`'' day of April, 2016. President ATTEST: Secretary 39 EDA Minutes Page 6 April 4, 2016 OTHER BUSINESS There was no other business to discuss. The meeting was adjourned at 7:00 pm. Respectfully submitted, Shelley Hanson, Secretary 40 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF MAY 2, 2016 The meeting was called to order at 6:30 pm by Gary Peterson. Members Present: Donna Schmitt, Gary Peterson, John Murzyn, Marlaine Szurek, Bobby Williams, Bruce Nawrocki ,and Gerry Herringer Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson. PLEDGE OF ALLEGIANCE - RECITED CONSENT ITEMS 1. Approve the Minutes from April 4, 2016. —The minutes were not included in the agenda packets, therefore they could not be approved at this meeting. 2. Approve the Financial Report and Payment of Bills for March 2016 on Resolution 2016 -09. Questions by Members: There were no questions. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2016 -09 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki , seconded by Williams, to approve the Financial Report and Payment of Billsfor March as presented. All ayes. MOTIONPASSED. RESOLUTION NO. 2016-09 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of March, 2016 and the Payment of the Bills for the Month of March, 2016. 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 41 EDA Minutes Page 2 May 2, 2016 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 March, 2016 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 BE IT FURTHER RESOLVED this resolution is made a part of the penmanent records of the Columbia Heights Economic Development Authority. Passed this 2nd day of May, 2016. Motion by: Nawrocki Seconded by: Williams Mayor Peterson then introduced Tony Rendle and his Fiancee,Sally, who have expressed an interest in the property located at 4303 Reservoir Blvd. Mr. Rundle told members he would like to construct a rambler style home on the property and already has a builder in mind to work with. He would like to have a home completed on that site by fall. He feels this type of home would fit nicely in with the surrounding homes in the area. He stated that he grew up in Columbia Heights, is very active in community events, and wants to build a home he can stay in long term. He chooses not to use Timbercraft as his builder so has not approached him directly. r, yA EDA Minutes Page 3 May 2, 2016 BUSINESS ITEM 1. Dismissal or Approval of the EDA's Right of Reverter for the Real Property located at 4303 Reservoir Blvd NE, Columbia Heights, MN — Resolution 2016 -10 On January 31, 2014, the Columbia Heights Economic Development Authority (EDA) and Timbercraft Enterprises, Inc. (Timbercraft) executed a Purchase and Redevelopment Agreement for 4303 Reservoir Boulevard NE, Columbia Heights, MN 55421. The Purchase and Redevelopment Agreement obligated Timbercraft to substantially complete construction by August 31, 2014 or the EDA would have the right to re -enter and take possession of the property. At the time of purchase, Timbercraft had a buyer eager to build a single family home, however due to unfortunate circumstances, the buyer fell through. Timbercraft began to market the property in hopes of finding a buyer interested in building a single family home. As of August 31, 2014, Timbercraft had failed to substantially complete construction, which gives the EDA a legal right to terminate the conveyance of the property at any time. In order for the EDA to re -enter and take possession of the property, a written demand had to be sent to Timbercraft explaining the specified situation that needs to be corrected within 30 days. However, this option was not executed in 2014 because it was in the EDA's best interest for Timbercraft to continue to own the lot, thereby paying for marketing expenses, property maintenance, and taxes. Due to Mr. Rendle's request, staff was directed to initiate the reverter clause outlined in the Purchase and Redevelopment Agreement with Timbercraft. Staff contacted Timbercraft to inquire about the status of the property to determine if an interested buyer is involved. It was discovered that Timbercraft has been working with an interested buyer since the beginning of November 2015, although it is unknown whether an actual Purchase Agreement between the perspective buyer and Timbercraft exists. Therefore, staff was directed to send a written letter to Timbercraft demanding the procurement of a Purchase Agreement with their interested buyer before the May 2, 2016 EDA meeting. Therefore, the EDA must decide whether or not to execute the reverter clause for the property located at 4303 Reservoir Blvd. NE pursuant of Section 15 of the Purchase and Redevelopment Agreement between the EDA and Timbercraft. By approving Resolution 2016 -10, the EDA will effectively start the process of re- taking the property. As part of this process, the EDA must reimburse $35,000 to Timbercraft, which was the initial purchase price of the lot. Staff presented a couple of options for the EDA to consider and asked the EDA for direction on what action they want staff to pursue. 43 EDA Minutes Page 4 May 2, 2016 CLOSED SESSION -The meeting was adjourned to a Closed Session at 6:38 pm to discuss the EDA's Right of Reverter for the property located at 4303 Reservoir Blvd NE. The meeting re- convened at 7:22 pm. Hogeboom explained the reason the EDA adjourned into a closed session was due to legal obligations to the various parties. He said there was a request brought to the Board regarding a specific property that is not currently owned by the EDA, and there was also an existing agreement regarding this same property between parties that again do not involve the EDA directly, and these are confidential in nature. Motion by Szurek, seconded by Murzyn to direct staff to pursue legal action to exercise the reverter clause as allowed in our agreement with Timbercraft on June I e if building plans have not been submitted for review by 4 pm on June 15, 2016 for the property located at 4303 Reservoir Blvd NE. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016 -10 RESOLUTION APPROVING THE EXERCISE OF THE EDA'S RIGHT OF REVERTER IN CONNECTION WITH A PARCEL IN THE CITY- WIDE SCATTERED SITE HOUSING TAX INCREMENT FINANCING DISTRICT WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT OF THE CITY OF COLUMBIA HEIGHTS. WHEREAS, on October 10, 2011, the City of Columbia Heights (the "City ") approved creation by the Columbia Heights Economic Development Authority ( "EDA ") of the City -Wide Scattered Site Housing Tax Increment Financing District (the "TIF District ") within its Central Business District Redevelopment Project (the "Project "), by approval of a tax increment financing plan (the "TIF Plan) for the TIF District; and WHEREAS, the EDA and Timbercraft Enterprises, Inc. (the "Purchaser ") entered into a Purchase and Redevelopment Agreement dated January 31, 2014 (the "Contract ") for conveyance to the Purchaser and development by the Purchaser of a parcel within the TIF District located at 4303 Reservoir Boulevard NE in the City and described as follows: Lot 4, Block 4, Auditor's Subdivision of Walton's Second Subdivision of Reservoir Hills, Anoka County, Minnesota referred to as the "Subject Parcel;" and 44 EDA Minutes Page 5 May 2, 2016 WHEREAS, pursuant to the Contract, the Purchaser was required to complete construction of certain Minimum Improvements (as defined in the Contract) within one year of the date of sale of the Subject Parcel, or by February 14, 2015, and any failure to complete such construction constitutes an event of default under the Contract; and WHEREAS, paragraph 15 of the Contract provides that upon 30 days' notice to the Purchaser of an event of default due to failure to construct the Minimum Improvements, the EDA may exercise its right to re -enter and take possession of the Subject Parcel and to revest in the EDA the fee title to the Subject Parcel; and WHEREAS, as of the date hereof, the Purchaser has not commenced construction of the Minimum Improvements, and has been advised that such failure is an event of default pursuant to the Contract through the receipt of a notice of default delivered by EDA staff on March 28, 2016; and WHEREAS, the EDA has determined that it is in the best interest of the City to exercise its statutory and contractual right of reverter, as permitted under Minnesota Statutes, Sections 469.090 to 469.1081 (the `EDA Act "), particularly Section 469.105, subd. 5, and under paragraph 15 of the Contract. NOW THEREFORE, BE IT RESOLVED by the board of commissioners of the EDA as follows: 1. The EDA approves the exercise of its right of reverter pursuant to the Contract and EDA Act on June 16, 2016, if building plans are not submitted for review by 4 pm on June 15, 2016. 2. EDA staff are authorized and directed to work with EDA legal counsel to take such actions are required to perfect its right of reverter, including without limitation the drafting and filing of any proceedings in district court and, if determined to be necessary, the removal of the Subject Parcel from the TIF District. ADOPTED: May 2nd , 2016 President ATTEST: Secretary /Treasurer W EDA Minutes Page 6 May 2, 2016 2. Adoption of Minnesota General Records Retention Schedule for Cities- Resolution 2016 -11 The State of Minnesota has provided a "General Records Retention Schedule for Minnesota Cities" which establishes minimum retention periods for municipal records based on the administrative, fiscal, legal and historical value of the records. The General Records Retention Schedule for Minnesota Cities was updated by the Minnesota Clerks and Finance Officers Association (MCFOA) in July, 2013. In March, the City Council adopted the General Records Retention Schedule for Minnesota Cities as the official data management rules and regulations for the City of Columbia Heights. Because the City now uses a standardized record retention schedule, the City Clerk and the Finance Director have recommended that the Economic Development Authority (EDA) adopt the same retention schedule. A copy of the General Records Retention Schedule for Minnesota Cities is attached for your reference. Staff recommends adoption of General Records Retention Schedule for Minnesota Cities by approval of Resolution 2016 -11. Questions from Members: Schmitt asked when the HRA would meet to adopt this schedule and pass the new by -laws. Hogeboom told members he had reached out to Chair Diehm to see when she would be available. He is hoping to schedule a meeting in June or July sometime. Motion by Williams, seconded by Nawrocki to waive the reading of Resolution 2016 -11, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Williams, Seconded by Nawrocki, to adopt Resolution 2016 -11, Resolution Adopting the General Records Retention Schedule for Minnesota Cities. All ayes. MOTION PASSED. RESOLUTION NO. 2016-11 A Resolution 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 46 EDA Minutes Page 7 May 2, 2016 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 Economic Development Authority of Columbia Heights, Minnesota hereby adopts the Minnesota General Records Retention schedule and directs the Executive Director and the Columbia Heights City Clerk to notify the Minnesota Historical Society /State Archives Department. BE IT FURTHER RESOLVED that following state approval, the Economic Development Department is directed to provide for retention and destruction of records as set forth in said schedule and its subsequent revisions. BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 2nd day of May , 2016 Offered by: Williams Seconded by: Nawrocki Roll Call: All ayes Gary L. Peterson, President Attest: Shelley Hanson, Secretary The meeting was adjourned at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary 47 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7(C) MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS — CITY COUNCIL ITEM: Consenting to and Approving the Issuance by the Columbia Heights Economic Development Authority of Tax Increment Revenue Refunding Bonds. Res. No. 2016 -50 DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Martha Ingram /Joe Hogeboom, June 8, BY /DATE: , 2016 cs� This report provides a brief history of the Columbia Heights Economic Development Authority's $2,890,000 Tax Increment Revenue Bonds ( Huset Park Area Redevelopment Project), Series 2007, which currently remain outstanding in the amount of $2,475,000 (the "Current Bonds "), as well as a summary of the process required to refund the Current Bonds. The Current Bonds were issued in connection with certain public infrastructure improvements constructed as part of the Huset Park Tax Increment Financing District (the "TIF District "), pursuant to the Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority ( "EDA "), the City of Columbia Heights ( "City "), and BNC National Bank, as successor in interest to Huset Park Development Corporation ( "BNC "), dated as of August 1, 2007, as amended (the "Prior Contract "), and pursuant to the Second Amended and Restated Contract for Private Redevelopment between the EDA, the City, and Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper "), dated as of October 30, 2015 (the "Contract "). The EDA issued the Current Bonds pursuant to the Prior Contract. The EDA pledged tax increment generated by all improvements to be constructed on the Redevelopment Property to the payment of debt service on the Current Bonds. The Current Bonds were issued after the first phases of construction required under the Prior Contract were complete, and the par amount of the Current Bonds was based on the flow of tax increment generated by the completed phases, such that tax increment generated by the completed phases of construction has always been sufficient to pay principal and interest in full on each payment date. The EDA also issued its Taxable Tax Increment Revenue Note, Series 2007A, in the principal amount of $6,650,000 (the "TIF Note ") to Huset Park Development Corporation ( "HPDC "), to reimburse HPDC for certain public redevelopment costs incurred by HPDC in development of the housing improvements within the TIF District. Like the Current Bonds, the TIF Note is also secured by tax increment generated within the TIF District, but on a subordinate basis to the Current Bonds. Since HPDC defaulted under the Prior Contract and never completed any improvements beyond the first phases, there has not been enough tax increment generated within the TIF District to pay any debt service on the TIF Note. Therefore, the TIF Note remains outstanding in the full original principal amount. The TIF Note was assigned to the Redeveloper on October 30, 2015 at the real estate closing on the Redevelopment Property from BNC to the Redeveloper, and is now held by the Redeveloper. The Contract with the Redeveloper, which the EDA and City Council approved in April of this year, provides that the EDA will agree to refund the Current Bonds if requested by the Redeveloper (see pertinent language in the attached Exhibit A). The Redeveloper has now made this request. Refunding the Current Bonds is financially beneficial to the Redeveloper because bonds issued to refund the Current Bonds (the "Refunding Bonds ") will carry lower interest rates, which means that the debt service payments on the Refunding Bonds will be lower. This will result in some tax increment remaining after payment on the Refunding Bonds, which City of Columbia Heights - Council Letter 48 City of Columbia Heights - Council Letter Page 2 will be used to pay down the TIF Note (in addition, you will recall that the Contract requires the Redeveloper to construct a senior housing facility within the TIF District, which will generate additional tax increment that will also be used to pay principal and interest on the TIF Note). The Redeveloper recognizes that refunding the Current Bonds primarily benefits the Redeveloper, and has therefore agreed to pay all actual costs of issuance related to the issuance of the Refunding Bonds. The EDA will not pay any costs related to the refunding. In addition, the Redeveloper will pay an administrative fee of $100,000 to the EDA to be allocated to other redevelopment purposes within the City. The Redeveloper has engaged Dougherty & Company as underwriter (i.e. purchaser) for the Refunding Bonds. In order to refund the Current Bonds, the EDA must adopt a resolution awarding the sale of the Refunding Bonds to Dougherty and approving several documents required in connection with the refunding, and the EDA's action must be approved by the City Council. These actions were discussed by the Economic Development Authority on June 6, 2016. The actions will be considered by the EDA and City Council this evening. Stacie Kvilvang from Ehlers & Associates, the City and EDA's municipal advisor, and an associate from Kennedy and Graven will be present at both the EDA and the Council meetings to answer any questions the EDA and /or City Council may have about the legal documents, the financial aspects of the process, or the contractual arrangement providing for this refunding. ATTACHMENTS: 1. Resolution 2016 -50 (2 pages) 49 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2016 -50 CONSENTING TO AND APPROVING THE ISSUANCE BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY OF TAX INCREMENT REVENUE REFUNDING BONDS BE IT RESOLVED by the City Council (the "City Council ") of the City of Columbia Heights, Minnesota (the "City ") as follows: Section 1. Findings. 1.01. The Columbia Heights Economic Development Authority (the "Authority ") and the City previously established the Huset Park Area Tax Increment Financing District (the "TIF District ") pursuant to authority granted by Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the "Tax Increment Act "), within the Downtown CBD Redevelopment Project (the "Redevelopment Project "), and adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. In order to provide for the redevelopment of the Redevelopment Project and the TIF District, the Authority entered into an Amended and Restated Contract for Private Redevelopment, dated as of August 1, 2007, between the Authority, the City, and BNC National Bank, as successor in interest to Huset Park Development Corporation, dated as of August 1, 2007, as amended, and pursuant to the Second Amended and Restated Contract for Private Redevelopment, dated October 30, 2015 (the "Contract ") between the Authority, the City, and Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper "). 1.02. Pursuant to Section 469.178 of the Tax Increment Act, the Authority is authorized to issue and sell its bonds for the purpose of financing or refinancing public redevelopment costs of the Redevelopment Project and to pledge tax increment revenues derived from a tax increment financing district established within the Redevelopment Project to the payment of the principal of and interest on such obligations. 1.03. On August 3, 2007, the Authority issued its Tax Increment Revenue Bonds ( Huset Park Area Redevelopment Project), Series 2007 (the "Prior Bonds "), in the original aggregate principal amount of $2,890,000, pursuant to the TIF Act, Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota Statutes, Sections 469.090 through 469.1082, as amended (collectively, the "Act "). The Authority applied the proceeds of the Prior Bonds to finance certain public redevelopment costs of the Redevelopment Project (the "Project Costs "). The Prior Bonds are currently outstanding in the principal amount of $2,475,000 and are subject to redemption at the option of the Authority on or after August 15, 2015, at a price of par plus accrued interest. 1.04. On the date hereof, the Board of Commissioners (the "Board ") of the Authority has considered a resolution (the "Bond Resolution ") authorizing the issuance of its Tax Increment Revenue Refunding Bonds ( Huset Park Area Redevelopment Project), Series 2016 (the "Bonds "). The Bonds are proposed to be issued pursuant to the terms of the Bond Resolution and a First Amendment to Paying Agent Agreement (the "Paying Agent Agreement "), between the Authority and Bond Trust Services Corporation (the "Paying Agent'), which amends the Paying Agent Agreement with respect to the Prior Bonds, dated as of August 1, 2007, between the Authority and the Paying Agent. The Bonds shall be secured by the terns of the Paying Agent Agreement and shall be payable solely from Available Tax 480619A MNI CL205 -63 50 Increment (as defined in the Paying Agent Agreement) that is expressly pledged to the payment of the Bonds pursuant to the terms of the Paying Agent Agreement. 1.05. Pursuant to City Council Resolution No. 2001 -62 (the enabling resolution for the Authority), the City Council must approve the issuance of bonds by the Authority. Section 2. Approval of Bonds. 2.01. The City Council hereby approves and consents to the issuance by the Authority of the Bonds upon the terms and pursuant to the conditions set forth in the Bond Resolution and the Paying Agent Agreement. The City Council approves and consents to the application of the proceeds derived from the sale of the Bonds to the refinancing of the Project Costs, the payment of the costs of issuance and other related costs with respect to the Bonds, and the funding of a reserve fund. 2.02. As provided in the Paying Agent Agreement and the Bonds, the Bonds are not to be payable from nor charged upon any funds of the Authority or of the City, other than the revenues pledged to the payment thereof; the Authority and the City are not subject to any liability thereon except from such revenues pledged to the payment thereof, and no holders of the Bonds shall ever have the right to compel any exercise of the taxing powers of the Authority or the City (other than as contemplated by the pledge of tax increment revenues under the terms of the Paying Agent Agreement) to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Authority or City other than the property expressly pledged thereto; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Authority or the City other than the revenues expressly pledged thereto; each Bond issued under the Paying Agent Agreement shall recite that the Bonds are issued without a pledge of the general or moral obligation of the Authority, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and no Bond shall constitute a debt of the Authority or the City within the meaning of any constitutional, statutory, or charter limitation. Passed and adopted by the City Council of the City of Columbia Heights, Minnesota this 13`" day of June, 2016. Mayor Attest: City Clerk 480619v1 MNI CL205 -63 2 51 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM- FINAL PAYMENT FOR SANITARY SEWER LINING, PROJECT 1404 DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL:,!. BY /DATE: KEVIN HANSEN /JUNE 7, 2016 BY /DATE: BACKGROUND: On July 28, 2014 the City Council awarded the annual sanitary sewer lining program to Veit and Company, Inc. This annual program rehabilitates sections of sanitary sewer pipe that have cracked or broken joints or sections, contain root intrusion or have infiltration present. This project consisted of lining the following segments: 1. 951 L.F. of 10" VCP on Chatham Road from Golf PI to Fairway Dr 2. 1,000 L.F. of 8" VCP on Upland Crest from Heights Dr to Fairway Dr 3. 183 L.F. of 8" VCP on Heights Drive from Maiden La to 183' North of Maiden La 4. 479 L. F. of 8" VCP on Maiden Lane from Heights Dr to 151 feet east of Ivanhoe PI 5. 235 L.F. of 8" VCP on Ivanhoe Place from Maiden La to 235 feet north of Maiden La 6. 580 L.F. of 8" VCP on Fairway Drive from W Upland Crest to E Upland Crest, and 7. 293 L.F. of 8" VCP on 38th Avenue from Madison PI to 293 feet West of Madison PI. The project also included installing 24 main to service lateral connection liners as directed by the Public Works Director. STAFF RECOMMENDATION: The lining is complete and final reports and televising has been provided to the City. A copy of the Engineer's Report of Final Acceptance is attached. Staff is recommending final acceptance of the work and final payment to Veit and Company, Inc. RECOMMENDED MOTION(S): Move to accept the work for Sanitary Sewer Lining, City Project No. 1404, and to authorize final payment of $7,350.90 to Veit and Company, Inc. of Rogers, Minnesota. ATTACHMENTS: Engineer's Report of Final Acceptance 52 Final payment for sanitary sewer lining to Veit . docx CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2014 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 1404 June 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 Veit and Company, Inc. The sanitary sewer work consisted of lining the following mains: 1. 951 L.F. of 10" VCP on Chatham Road from Golf PI to Fairway Dr 2. 1,000 L.F. of 8" VCP on Upland Crest from Heights Dr to Fairway Dr 3. 183 L.F. of 8" VCP on Heights Drive from Maiden La to 183' North of Maiden La 4. 479 L. F. of 8" VCP on Maiden Lane from Heights Dr to 151 feet east of Ivanhoe PI 5. 235 L.F. of 8" VCP on Ivanhoe Place from Maiden La to 235 feet north of Maiden La 6. 580 L.F. of 8" VCP on Fairway Drive from W Upland Crest to E Upland Crest, and 7. 293 L.F. of 8" VCP on 38th Avenue from Madison PI to 293 feet West of Madison PI. In addition, 24 main to service lateral connection liners were 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 $163,012.00 CHANGE ORDER $ 0.00 FINAL CONTRACT AMOUNT $163,012.00 FINAL WORK APPROVED $147,018.00 ALL PRIOR PAYMENTS ($139,667.10) BALANCE DUE $ 7,350.90 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 53 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: AUTHORIZE CAPITAL EQUIPMENT PURCHASE DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /Date: Kevin Hansen /June 7, 2016 BY /Date: BACKGROUND: Public Works maintains turf in various areas of the city that is sloped and quite steep. Some of these areas include Jackson Pond, the University Avenue right of way, and the water tower hill. Staff has been carefully reviewing options to maintain this turf in a safe and productive manner. ANALYSIS /CONCLUSIONS: The Ventrac 4500 is a tractor (slope mower) that can cut grass on steep terrain and will navigate slopes up to 30 degrees. We would also be able to utilize this machine as a backup to our 580 Toro lawn mower for field mowing. Another advantage of this piece of equipment is that it has attachments for snow and ice control as well as other numerous applications. Staff has looked at two other tractors (slope mowers) that are much more costly and do not offer the versatility or the attachment capabilities of the Ventrac. The Ventrac 4500 is a year round piece of equipment with considerable functionality that includes a rough and finish cut mower, ability to sweep sidewalks and trails, and blow or broom snow on sidewalks and trails. STAFF RECOMMENDATION: Staff is recommending the purchase of one new Ventrac 4500 tractor off the State of Minnesota Purchasing Contract from Cushman Motor Company, Inc. with the following attachments: Rough cut mowing deck Finish cut mowing deck Snow blower attachment Snow /Dirt Broom $45,000 was budgeted in the 2016 Parks Capital Equipment Fund. RECOMMENDED MOTION(S): Move to authorize the purchase of one new Ventrac 4500 tractor and attachments from Cushman Motor Company of Minneapolis MN for a total cost of $44,108.51. Funding shall come from the Parks Capital Equipment Fund 431 - 45200. ATTACHMENT(S): Ventrac 4500 Diagram 54 VENTRAL 4500 044 55 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEMS ITEM NO. 7F MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS - CITY COUNCIL ITEM. Property Donation located at 666 40m Ave. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith M Dahl, June 8, 2016 BY /DATE: BACKGROUND: In late 2008 the Mayor received a letter from Michael Thoennes, property owner of 666 40th Ave. NE. Previously, the building on the subject property was used as a dental laboratory. Over time, the building became vacant. Mr. Thoennes initially sent the letter to inquire about the City's interest in receiving this property as a donation. Since receipt of that letter, staff worked with Thoennes' attorney Charles Pashke on obtaining ownership documents to approve the donation. In August 2011, before ownership documents were received, Fire Department staff were called out to secure the subject property because of a break in. It was found that the basement flooded due to a pipe burst. The Building Official posted the property as hazardous in September 2011. As time passed, the building continued to physically decline. It wasn't until September 2012 that Charles Pashke presented ownership documents to staff for the approval process to begin. In November 2012, staff presented the property donation to the EDA for acceptance; however, prior to the closing, certain title objections arose and the closing was delayed pending correction of the title objections. Since then, Charles Pashke has been working with staff on and off to resolve the title commitment issue. In May 2016, the title issue has finally been resolved. After discussion with the City Attorney, staff determined the City of Columbia Heights should own the subject property rather than the EDA. This is because back in 2012, the intent for the subject property was to be donated for an access point into Huset Park. Since the subject property would be part of a park, the City should become owner of the subject property. Mr. Thoennes has requested that the closing be scheduled on or before June 24, 2016. STAFF RECOMMENDATION: Staff recommends the City Council approve Resolution 2016 -51, accepting the donation of 666 40th Ave. NE. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2016 -51, there being ample copies available to the public. Motion: Move to approve resolution 2016 -51 authorizing acceptance of the donation of the property located at 666 40th Avenue Northeast in the City of Columbia Heights; and furthermore, to authorize the City Manager to enter into any agreements for the same. ATTACHMENTS: 1. Resolution 2016 -51 2. Agreement Regarding Conveyance of Property (Signed by Mr. Thoennes) 3. Limited Warranty Deed 4. Donation Offer Letter City of Columbia Heights - City Council Letter 56 RESOLUTION NO. 2016 -51 A Resolution Authorizing the Acceptance of a Donation of the Property Located at 666 40th Avenue Northeast in the City of Columbia WHEREAS, the City of Columbia Heights is authorized to accept donations of real property and personal property pursuant to Minnesota Statues Section 465.03 for the benefit of its citizens; and WHEREAS, the property owner Michael Thoennes has offered to donate the property located at 666 40th Avenue Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota, which is legally described as follows: Lots 45 and 46, Block 65, Columbia Heights Annex to Minneapolis, County of Anoka, State of Minnesota, according to the recorded plat thereof; and WHEREAS, the offer to donate the subject property was received by the City of Columbia Heights in a letter dated December 23, 2008; and WHEREAS, the property will be used as a park access into Huset Park; and WHEREAS, accepting the donation and removing the building is consistent with the City of Columbia Heights Comprehensive Plan; and WHEREAS, the City Council finds that it is appropriate to accept the donation of the subject property. NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights accepts the donations of the subject property donation based on the following: 1) All utilities are paid by the subject property owner by the date of closing 2) The City will be responsible for any taxes due and payable in 2016 and beyond 3) The building shall be vacant upon closing 4) Staff is authorized to prepare bids and documents for the purpose of demolition to the building on the subject property. BE IT FURTHER RESOLVED this resolution shall be effective immediately upon its enactment by the City Council. Passed this day of , 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, President Attest: Katie Bruno, Council Secretary /City Clerk Resolution 2016 -51 57 AGREEMENT REGARDING CONVEYANCE OF PROPERTY THIS AGREEMENT REGARDING CONVEYANCE OF PROPERTY ( "Agreement ") is made as of June 8, 2016 (the "Effective Date "), between Michael J. Thoennes, an unmarried individual resident of the State of Minnesota ( "Grantor "), and the City of Columbia Heights, a municipal corporation ( "Grantee "). WHEREAS, Grantor owns certain Property (defined below) located in the City of Columbia Heights, County of Anoka, State of Minnesota; and WHEREAS, Grantor wishes to convey the Property to Grantee and Grantee wishes to accept from Grantor the Property. NOW THEREFORE, In consideration of the mutual terms and provisions of this Agreement, Grantor and Grantee agree as follows: 1. Conveyance of Property. Grantor agrees to convey to Grantee and Grantee agrees to accept from Grantor the real property located at 666 40th Avenue Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota, which is legally described on the attached Exhibit A ( "Land "), together with (1) all buildings and improvements constructed or located on the Land and (2) all easements and rights benefiting or appurtenant to the Land (collectively, "Property "). 2. Consideration. Grantor shall convey the Property to Grantee without charge or cost to Grantee. As consideration for the conveyance of the Property, Grantee agrees not to pursue enforcement of any zoning or ordinance violations relating to the Property during the term of this Agreement. 3. Title. The parties acknowledge that a title commitment ( "Commitment ") issued by West Title, LLC ( "Title ") is attached hereto as Exhibit B, and Grantor agrees to perform all obligations required of it under the Commitment. 4. Contingencies. The obligations of Grantee under this Agreement are contingent upon each of the following: 4.1 City Approval. Grantee obtaining all necessary city approvals or consents, in the sole discretion of Grantee. 4.2 Title. Title to the Property shall have been made acceptable, in Grantee's discretion and in such a fashion as will cause Title to issue an ALTA form owner's policy of title insurance, insuring Grantee's title to the Property free and clear of any material exceptions, and Grantor shall have performed all obligations required of it under the Commitment. 58 5. Closing. The closing of the conveyance contemplated by this Agreement (the "Closing ") shall take place on or before June 24, 2016 (the "Closing Date "). The Closing shall take place at the office of Title, or such other location as the parties agree. Either party may participate in Closing by delivering documents to Title in conjunction with a closing instruction letter. Grantor agrees to deliver possession of the Property to Grantee on the Closing Date. 5.1 Grantor's Closing Documents. On the Closing Date, Grantor shall execute and deliver to Grantee the following documents, all in form and content reasonably satisfactory to Grantee: 5. 1.1 Deed. A Limited Warranty Deed conveying the Property to Grantee, free and clear of all encumbrances that would constitute a defect in marketable title. 5.1.2 Title Documents. A title affidavit in form and substance acceptable to Grantee and Title to permit the deletion of the so- called "standard" exceptions from the title policy and to otherwise permit the issuance of a title policy providing extended title coverage. 5.1.3 Other Documents. All other documents reasonably determined by Grantee or Title to be necessary to transfer the Property to Grantee free and clear of all encumbrances. 5.2 Grantee's Closing Documents. On the Closing Date, Grantee will execute and deliver to Title any documents reasonably determined by Title to be necessary to transfer the Property to Grantee. 6. Closing Costs. Grantor and Grantee agree to the following allocation of costs regarding this Agreement: 6.1 Title Insurance and Closing Fee. Grantor will pay all costs of the Commitment and title insurance premium and the cost of any closing fee or charge imposed by Title. 6.2 Real Estate Taxes and Special Assessments. Grantor will pay all general real estate taxes and installments of special assessments payable therewith for the time period up to the day prior to the Closing Date. Grantor will be responsible for all pending special assessments as of the Closing Date. 6.3 Operating Expenses. All utility service charges for electricity, heat and air conditioning service, other utilities, and other expenses affecting the Property which are payable by Grantor shall be paid by Grantor at or prior to Closing. Me 7. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing for a period of one (1) year. 8. Captions, Choice of Law, Etc. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement. This Agreement binds and benefits the parties hereto and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota. 9. Remedies. If Grantee defaults under this Agreement, Grantor shall have the right to terminate this Agreement by giving written notice thereof to Grantee in accordance with Minn. Stat. §559.21. If Grantor defaults under this Agreement, Grantee may terminate this Agreement or may seek specific performance. 10. Miscellaneous Provisions. 10.1. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 10.2. Exhibits. The Exhibits attached hereto are hereby incorporated by reference. 10.3. Amendment. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 10.4. Partial Invalidity. If any portion of this Agreement shall be adjudged by a court to be void or unenforceable, such portion shall be deemed severed from this Agreement and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, so long as the transaction contemplated hereby may be consummated in accordance with the surviving provisions. 10.5. Counterparts. This Agreement may be executed in any number of counterparts and may be executed by executing and delivering a scanned ".pdf'of a party's execution page, and each of which when so executed, shall be deemed to be an original and all of which counterparts taken together, shall constitute but one in the same Agreement. [signatures to appear on following page] .� Seller and Buyer have executed this Agreement as of the date first written above. :n► •: Michael J. Thoennes an unmarried Minnesota individual City of Columbia Heights, a municipal corporation By: Gary Peterson Title: Mayor By: Name: Title: City Clerk/Manager 684823 -v1 X Exhibit A The Land Property located in Anoka County, Minnesota, more particularly described as follows: Lots 45 and 46, Block 65, Columbia Heights Annex to Minneapolis, County of Anoka, State of Minnesota, according to the recorded plat thereof. 62 Exhibit B Title Commitment [See Attached] 63 Fidelity National Title Insurance Company Commitment Number: 121213450 SCHEDULE A 1. Commitment Date: May 25, 2016 7:OOAM. 2. Policy (or Policies) to be issued: (a) Owner's Policy (ALTA Owner Policy (2006) Policy Amount $TBD Proposed Insured: City of Columbia Heights (b) Loan Policy (ALTA Loan Policy (2006) Policy Amount Proposed Insured: . 3. FEE SIMPLE interest in the land described in this Commitment is owned, at the Commitment Date, by: Mostafa E. Abdel -Kerim and Fatma M. Abdel -Kerim 4. The land referred to in the Commitment is described as follows: Lots 45 and 46, Block 65, Columbia Heights Annex to Minneapolis, County of Anoka, State of Minnesota, according to the recorded plat thereof. Note for information: Property Address: 666 40th Avenue Northeast, Columbia Heights, MN 55421 Anoka County, Minnesota Fidelity National Title Insurance Company By: WEST TITLE, LLC ALTA CommlIment Schedule A Valid Only If Schedule B and Cover Are Attached. 64 Commitment Number: 121213450 Fidelity National Title Insurance Company SCHEDULE B'- SECTION I REQUIREMENTS The following are the requirements to be complied with: 1. Pay in full the consideration to, or for the account, of the grantors or mortgagors. 2. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable: 3. Satisfactory evidence should be had that improvements and /or repairs or alterations thereto are completed; that contractor, sub - contractor, labor and materialmen are all paid; and have released of record all liens or notice of intent to perfect a lien for labor and material. 4. If the transaction is closed by Fidelity National Title Insurance Company or its agent the Social Security number of Seller or Federal ID number of selling entities and forwarding address must be provided at or prior to closing to comply with the Tax Reform Act of 1986 and the 1099S Form executed at closing unless the Seiler is a corporation or a governmental unit. 5. Provide standard form Seller's /Mortgagor's affidavit in recordable form. If provided items 2 and 3 of Schedule B — Section II will be deleted from the Policy to be issued pursuant to this Commitment. 6. A valid driver's license or other identification acceptable to West Title, LLC must be presented at closing by all parties who will be executing documents. 7. Conveyance from Fatma M. Abdel -Kerim and spouse, if any, to Michael J. Thoennes. Transfer Requirements: Seller's Affidavit Purchaser's Affidavit Well Disclosure Statement Certificate of Real Estate Value ALTA Commitment Schedule C 65 8. Conveyance from Michael J. Thoennes and spouse, if any, to the City of Columbia Heights, Transfer Requirements: Seller's Affidavit Purchaser's Affidavit Well Disclosure Statement Certificate of Real Estate Value 9. Examiner's Note: Information provided to the Company indicates the transfer of the title to the property as shown on Schedule A of this commitment is a gift to the City of Columbia Heights. Prior to closing provide a copy of a signed purchase agreement or general agreement between seller and buyer showing the terms and conditions of the conveyance for examination and possible further requirements. 10, Note: Information provided to the Company indicates Mostafa E. Abdel- Kerim. is deceasaed. Prior to closing provide certified copies of probate documents for examination, recording, and possible further requirements. Examiner's Note: Letters of General Administration regarding the estate of Mostafa E. Abdel - Kerim provided to West Title are certified as of May 22, 2015. Obtain for recording new Letters of General Administration dated July 6, 2015 or later. 11. Procure for recording a release of marital lien in favor of Gayle Ann.Jorges reserved in marriage dissolution divorce case no. FX -91 -4872, and reserved in Quit Claim Deed filed as Document No. 2038038.003. 12, Note: There are no open mortgages of record. 13. Please call Examination Department at West Title, LLC at 952 - 252 -2500 you have any questions regarding this commitment. 14. Call Scheduling Department at West Title, LLC to schedule closing at 95.2- 252 -2500 or email to scheduling @westtitle.com. ALTA Commitment Schedule C 66 NOTE: For Informational purposes only the following constitutes the Chain of Title: Quit Claim- Deed from Thomas Walter Jorges and Sheila Jorges, husband and wife to Mostafa E. Abdek Kerim and Fatma M. Abdel - Kerim, husband and wife as tenants in common, dated September 23, 2011, filed of record on August 29, 2012, as Document No. 2038038.004. Quit Claim Deed from Gayle Ann Jorges, a single person to Thomas Walter Jorges, dated November 22, 1991, filed of record on August 29, 2012, as Document No, 2038038.003. Note: Retains a marital lien. Warranty Deed from Frank W. Hotchkiss and Martha D. Hotchkiss, husband and wife to Thomas W. Jorges and Gayle Jorges, husband and wife as joint tenants, dated October 30, 198.1, filed of record on November 9, 1981, as Document No. 581444. ALTA Commitment Schedule C 67 Commitment Number: 121213450 Fidelity National Title Insurance Company SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the.policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. NOTE: The "gap period" will be insured, if this transaction is closed by West Title, LLC. The gap refers to the gap from the effective date of the commitment to the closing date and the gap from the closing date to the recording date of the instrument to be insured. 2. Rights or claims of parties in possession not shown by public records. 3. Any- lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 5. Special assessments which are not shown as existing liens by the public records. 6. Easements, or claims of easements, not shown by the public records. 7. Levied and pending special assessments hereafter levied. 8. Real estate taxes for and payable in the year 2016 in the amount of $1,598.37 are HALF -PAID, first half due May 15, 2016, second half due October 15, 2016. Base Tax: $1,598.37. Commercial /f n d u strial. No representation is made regarding subsequent years' homestead tax status. Property Tax Identification Number: 35 -30 -24-42 -0099. 9. Special Assessments. TO FOLLOW. 10.. Encroachment by building into Highway right -of -way, as disclosed by property inspection. 11. Utility and drainage easement(s), as shown on the recorded plat. ALTA Commitment Schedule C 68 12. NOTE: Any owner's policy of title insurance we issue will contain the following exception: "This Policy excludes all loss or damage, including attorney's fees and costs, as to liens resulting from unpaid municipality charges, including those for water or sewer; and for liens resulting from violations or alleged violations of statutes, ordinances, codes and /or regulations, including, but not limited to, charges for summary abatement, rubbish removal, cutting grass, tree removal and board -lip." 13. NOTE: For Informational Purposes Only: Property is Abstract. The Abstract of Title for this property was not submitted to West Title, LLC for examination. West Title, LLC will not be responsible for the cost of replacing the abstract. ALTA Commitment Schedule C [:1, (Top 3 inches reserved for recording data) LIMITED WARRANTY DEED Individual(s) to Business Entity DEED TAX DUE: $1.65 DATE: June 8, 2016 FOR VALUABLE CONSIDERATION, Michael J. Thoennes, a single person ( "Grantor"), hereby conveys and quitclaims to the City of Columbia Heights, a municipal corporation under the laws of Minnesota ( "Grantee "), real property in Anoka County, Minnesota, legally described as follows: Lots 45 and 46, Block 65, Columbia Heights Annex to Minneapolis, County of Anoka, State of Minnesota, according to the recorded plat thereof. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. This Deed conveys after - acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT: None Check applicable box: ® The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically fled, insert WDC number: [ ... ].) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor Michael J. Thoennes ECB -1023 foge 1 of 2 Page 2 of 2 LIMITED WARRANTY DEED State of Minnesota, County of Wright This instrument was acknowledged before me on June 8, 2016, by Michael J. Thoennes, a single person. (Stamp) C (signature of notarial officer) CHARLES :E.PASCHKF. Title (and Rank): Notary Public NOTARBUQ MINTA My commission expires: MyO„Nt,,,JW 21.2= (monthrdaylyear) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS Halvorson, Langemo & Paschke INSTRUMENT SHOULD BE SENT TO: P.O. Box 189 Howard Lake, MN 55349 City of Columbia Heights 320 - 543 -3411 590 40th Ave NE Columbia Heights, MN 55421 71 December 23, 2008 Mayor City of Columbia Heights 590 -40th Avenue NE Columbia Heights, MN 55421 Dear Mayor Peterson: For many years I have owned the dental laboratory property at 666 -40th Avenue NE in Columbia Heights. It is a very old building at the "T" intersection of Madison and 40th Avenue NE. The building is no longer being used by my dental laboratory. The property has served many years also as a pathway or "shortcut" between Huset park and 40th Avenue NE. I am not complaining, just making an observation that the south side block is very long to get to the park via city sidewalks or streets, thus the shortcut. In any event, I am in the process of selling the property but would consider a "gifting of the land and building" to the City of Columbia Heights. Basically there would be no strings attached except the transfer of the property and building as is after I move the equipment out. Do you think there would be any interest of the park commission or City in this kind of proposition? The timeframe would probably be in the spring /early summer. Sincerely, r` Michael J. Thoennes, DDS till /J d 72 C,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7G MEETING DATE JUNE 13T ", 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Stinson Business Center Development Contract DEPARTMENT: Community Development CITY MANAGER'S AP ROYAL: BY /DATE: Elizabeth Holmbeck, June 9t", 2016 BY /DATE: BACKGROUND: On March 2nd, 2016, the Planning and Zoning Commission approved the site plan for a proposal to construct a new commercial building on the property located at 3836 Stinson Boulevard NE. The property has been vacant for approximately four years. The existing building has been demolished, and the property owner will be constructing 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. Phase one construction is expected to begin this summer. The owner of the property is seeking 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. Specific site requirements such as governance of the public trail and storm water retention pond are outlined in the attached Stinson Business Center Development Contract. The contract was a required component of the Site Plan Approval and must be approved by the City Council prior to construction. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2016 -52, approving the contract as presented. RECOMMENDED MOTION(S): Motion: Waive the reading of Resolution No. 2016 -52, there being ample copies available to the public. Motion: Move to approve Resolution No. 2016 -52, being a resolution of the City Council of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. ATTACHMENTS: Resolution 2016 -52 Stinson Business Center Development Contract 73 Stinson Business Center Development Contract RESOLUTION NO. 2016 -52 A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. Whereas, the Planning and Zoning Commission approved the Site Plan for the Stinson Business Center on March 2nd, 2016; and Whereas, certain public improvements will be completed as a component of the project, including the installation of a public trail on the north end of the property from Stinson Boulevard to McKinley Street., and a storm water retention ponding feature on the west side of the property; and Whereas, certain public improvements associated with the project are necessary to be reviewed and monitored by the City. 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 approves Resolution No. 2016 -52, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. ORDER OF COUNCIL Passed this 13th day of June, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Resolution No. 2016 -52 74 DEVELOPMENT CONTRACT FOR Stinson Business Center 75 -I - INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR Stinson Business Center RECITALS ARTICLE 1— DEFINITIONS 1.1 Terms 1.2 City of Columbia Heights 1.3 Developer, Owner 1.4 Site Plan 1.5 Development Plans 1.6 Development Contract 1.7 Council 1.8 PWD 1.9 Director of PWD 1.10 County 1.11 Developer Improvements 1.12 Developer Public Improvements 1.13 Developer Default 1.14 Force Majeure 1.15 Developer Warranties A. Authority B. No Default C. Present Compliance with Laws rc D. Continuing Compliance with Laws E. No Litigation F. Full Disclosure G. Two Year Warranty on Proper Work and Materials H. Obtaining Permits 1.16 City Warranties A. Authority 1.17 Formal Notice ARTICLE 2 — DEVELOPER IMPROVEMENTS 2.1 Developer Improvements 2.2 Boulevard and Area Restoration 2.3 Street Maintenance 2.4 Occupancy 2.5 Approval of Contractors and Engineer 2.6 Construction 2.7 Inspection 2.8 Faithful Performance of Construction Contracts 2.9 City Acceptance ARTICLE 3 — RESPONSIBILITY FOR COSTS 3.1 Developer Improvement Costs 3.2 Enforcement Costs 3.3 Time of Payment -I - 77 ARTICLE 4 — DEVELOPER WARRANTIES 4.1 Statement of Developer Warranties ARTICLE 5 — CITY WARRANTIES 5.1 Statement of City Warranties ARTICLE 6 — INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 — CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 City Remedies 7.2 No Additional Waiver Implied by One Waiver 7.3 No Remedy Exclusive 7.4 Emergency ARTICLE 8 - ESCROW DEPOSIT 8.1 Escrow Requirement 8.2 Escrow Release and Escrow Increase; Developer Improvements ARTICLE 9 — MISCELLANEOUS 9.1 City's Duties 9.2 No Third Party Recourse 9.3 Validity 9.4 Recording 9.5 Binding Agreement 9.6 Contract Assignment 9.7 Amendment and Waiver _a_ 78 9.8 Governing Law 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 Landscaping 9.14 Park Dedication 9.15 Record Drawings 9.16 Additional Agreements 9.17 Release of Development Contract EXHIBIT A — LIST OF DEVELOPMENT PLANS EXHIBIT B — DEVELOPER PUBLIC IMPROVEMENTS EXHIBIT C — ESCROW AND PARK DEDICATION CALCULATION 79 _5_ CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR Stinson Business Center THIS AGREEMENT, made and entered into on the day of , 2016, by and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of Minnesota, (hereinafter referred to as the CITY), and SALAD INVESTMENTS, LLC, (hereinafter referred to as the OWNER and DEVELOPER) identified herein. WHEREAS, the DEVELOPER has applied to the CITY for approval of the Site Plan; WHEREAS, the CITY has approved the Site Plan subject to the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the work which the DEVELOPER undertakes to complete within the SITE PLAN; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY; That the DEVELOPER shall dedicate a 10 foot wide easement along the north end of the SITE PLAN from Stinson Boulevard to McKinley St. NE. AND; 4. The DEVELOPER shall install a storm water BMP's featuring a water quality pond on the Southwest corner of the SITE PLAN, meeting the requirements of the Rice Creek Watershed District (RCWD). 1. The DEVELOPER shall provide the City with a copy of the RCWD permit detailing any site specific requirements, including easements for the storm water BMP's. WHEREAS, the DEVELOPER will file Three (3) complete sets of the DEVELOPMENT PLANS with the CITY; WHEREAS, the DEVELOPMENT PLANS must be prepared by a registered professional engineer and submitted to and approved by the DIRECTOR OF THE PWD. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: so _A_ ARTICLE L DEFINITIONS 1.1 TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT CONTRACT, shall have the following meanings asset forth below. 1.2 CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal corporation. 1.3 DEVELOPER: OWNER. BUILDER. "DEVELOPER - OWNER" means Salad Investments, LLC. 1.4 SITE PLAN. "SITE PLAN" means the approved SITE PLAN of Stinson Business Center, in the City of Columbia Heights, Anoka County, Minnesota. 1.5 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached EXHIBIT 'A/ and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT. 1.6 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY, OWNER and DEVELOPER. 1.7 COUNCIL. "COUNCIL" means the Council of the City of Columbia Heights. 1.8 PWD. "PWD" means the Public Works Department of the City of Columbia Heights. 1.9 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public Works Department of the City of Columbia Heights and his delegates. 1.10 COUNTY. "COUNTY" means Anoka County, Minnesota. 1.11 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes all the improvements identified on the attached EXHIBIT 'B.' 1.12 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS" means and includes, jointly and severally, all the improvements identified and checked on the attached Exhibit B that are further labeled "public ". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public right -of -way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. 1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any of the following or any combination thereof: 81 -7- a) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT CONTRACT; b) failure by the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; C) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) breach of the DEVELOPER WARRANTIES. 1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.15 DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that the Developer hereby warrants and represents the following: A. AUTHORITY. Developer is organized and in good standing under the laws of the State of Minnesota. DEVELOPER has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT CONTRACT. NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would materially affect performance under this DEVELOPMENT CONTRACT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT CONTRACT. C. PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the SITE PLAN and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. 82 D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the SITE PLAN and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS, NO LITIGATION. To the best of DEVELOPER'S knowledge, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER, except as disclosed in writing to the City, or the SITE PLAN, or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in material default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT CONTRACT against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of the repair work being completed. H. OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. 1.16 CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: A. AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. 1.17 FORMAL NOTICE. "FORMAL NOTICES" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States Mail and in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Columbia Heights 83 Attention: City Manager 590 40th Avenue N.E. Columbia Heights, Minnesota 55413 If to DEVELOPER Salad Investments Attention: Mohammad Salad 3195 Magnolia Drive Medina, MN 55340 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. ARTICLE 2 DEVELOPER IMPROVEMENTS 2.1 DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at the cost of the DEVELOPER the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be completed by the dates shown on EXHIBIT'B,' except as completion dates are extended by subsequent resolution of the COUNCIL. Failure of the CITY to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration of time in which the DEVELOPER IMPROVEMENTS are to be completed shall not waive or release any rights of the CITY; the CITY may take action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable satisfaction. 2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or hydro seed in all boulevards within 21 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire PLAT. 2.3 STREET MAINTENANCE. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to this SITE PLAN resulting from the grading or building on the land within the SITE PLAN by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY's specifications any damage to bituminous surfacing resulting from the use of construction equipment. 2.4 OCCUPANCY. Unless otherwise agreed to by the City, no certificate of occupancy and no occupancy of any building in the Site Plan shall occur until the DEVELOPER IMPROVEMENTS have been installed. Unless otherwise agreed to by the City, this provision excludes Site Landscaping and Site Street Lighting. 84 R"i 2.5 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIRECTOR OF PWD, which approval shall not be unreasonably withheld. 2.6 CONSTRUCTION. The construction, installation, materials and equipment related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accordance with the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD with a written schedule of proposed operations, subcontractors and material suppliers, at least five (5) days prior to commencement of construction work. The DEVELOPER shall notify the CITY in writing, coordinate and hold a pre- construction conference with all affected parties at least three (3) days prior to starting construction of any DEVELOPER PUBLIC IMPROVEMENTS. 2.7 INSPECTION. The PWD or its designated representative shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents. The DEVELOPER shall notify the PWD two (2) working days prior to the commencement of the laying of utility lines, subgrade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered to allow the CITY an opportunity to inspect such improvement work. Upon receipt of said notice, the City shall have a reasonable time, not to be less than three (3) working days, to inspect the improvements. Failure to notify the CITY to allow it to inspect said work shall result in the CITY'S right pursuant to Article 8 to withhold the release of any portion of the escrow amount resulting from work being performed without the opportunity for adequate CITY inspection. 2.8 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (30) days after FORMAL NOTICE, the DEVELOPER agrees to repair or replace, as directed by the CITY and at the DEVELOPER's sole cost and expense, any work or materials that within two (2) years after acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the CITY becomes defective in the commercially reasonable judgment of the City. 2.9 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accordance with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS, The CITY shall then inspect the DEVELOPER PUBLIC IMPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CITY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. 85 - 11 - ARTICLE 3 RESPONSIBILITY FOR COSTS 3.1 DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 3.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and attorneys' fees. 3.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. ARTICLE 4 DEVELOPER WARRANTIES 4.1 STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby makes and states the DEVELOPER WARRANTIES. ARTICLE 5 CITY WARRANTIES 5.1 STATEMENT OF CITY WARRANTIES. The City hereby makes and states the CITY WARRANTIES. ARTICLE 6 INDEMNIFICATION 6.1 INDEMNIFICATION OF THE CITY. Except for any damages or claims that arise solely from the willful misconduct or gross negligence of the CITY, the DEVELOPER shall indemnify, defend and hold the CITY its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs or suffers, which arise out of, results from or relates to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; 86 - 1? - c) failure by the DEVELOPER to observe or perform any covenant, conditions, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; f) failure to obtain the necessary permits and authorizations to construct the DEVELOPER PUBLIC IMPROVEMENTS; g) construction of the DEVELOPMENT PUBLIC IMPROVEMENTS. ARTICLE 7 CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT, specifying the nature of the asserted default, and the DEVELOPER shall have to cure the DEVELOPER DEFAULT within a thirty (30) days cure period, hereinafter defined as "CURE PERIOD ". Said CURE PERIOD may be extended by the CITY for a reasonable period of time to be determined by the DIRECTOR OF PWD, at his sole discretion, provided that the DEVELOPER submits, to the CITY using the FORMAL NOTICE procedures of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that demonstrates that it is impractical to cure the DEVELOPER DEFAULT within the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself of any remedy afforded by law and any of the following remedies. a) the CITY may specifically enforce this DEVELOPMENT CONTRACT; b) the CITY may suspend any work improvement or obligation to be performed by the CITY; C) the CITY may collect on the irrevocable letter of credit or cash deposit; d) the CITY may deny building and occupancy permits for buildings within the PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, 87 _i 'I _ including but not limited to notice and hearing requirement and any claim that the special assessments exceed benefit to the SITE PLAN. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT'C' pursuant to Minn. Stat. 429.081. Upon an event of default, the limited partners of the OWNER shall have the right to cure any such default and the CITY shall accept such default as if cured by the OWNER itself. 7.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 7.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute; provided however that the CITY shall not have the power to exercise both the remedy provided by Section 7.1(c) and, concurrently or sequentially, the remedy provided by Section 7.1(e), to the extent that the remedy in Section 7.1(c) provides reimbursement to the City for any costs and expenses incurred by the City. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 7.4 EMERGENCY. Notwithstanding the requirement relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and notwithstanding the requirement relating to giving the DEVELOPER a thirty (30) day period to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the Director of PWD, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER a forty -eight (48) hour period to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting there from, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit to the SITE PLAN. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT 'C' pursuant to Minn. Stat. 429.081. ARTICLE 8 ESCROW DEPOSIT 88 _14_ 8.1 ESCROW REQUIREMENT. Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the amounts set forth on EXHIBIT 'C.' All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the CITY pursuant to Section 8.2 below. The irrevocable letter of credit shall be for a term ending December 31, 2017. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31, 2017, and further provided that the irrevocable letter of credit states that at least sixty (60) days prior to the expiration date the bank will notify the City if the bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT CONTRACT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 31, 2017. With CITY approval, the irrevocable letter of credit or cash deposit may be reduced pursuant to Section 8.2 from time to time as financial obligations are paid. 8.2 ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and upon completion by the DEVELOPER and acceptance by the CITY of any specific DEVELOPER PUBLIC IMPROVEMENTS, ninety percent (90 %) of that portion of the irrevocable letter of credit, or cash deposit covering those specific completed improvements only shall be released. The final ten percent (10 %) of that portion of the irrevocable letter of credit, or cash deposit, for landscaping improvements shall be held until acceptance by the CITY and expiration of the warranty period under Section 1.15 hereof; in the alternative, the DEVELOPER may post a bond satisfactory to the CITY with respect to the final ten percent (10%). If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising there from. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems reasonably necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. 89 _1S_ ARTICLE 9 MISCELLANEOUS 9.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPMENT IMPROVEMENTS excluding the public trail. 9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT CONTRACT. 9.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT. 9.4 RECORDING. The SITE PLAN shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 9.5 BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT CONTRACT shall run with the SITE PLAN and shall be binding upon the heirs, successors, administrators and assigns of the DEVELOPER. 9.6 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT CONTRACT without the written permission of the CITY. 9.7 AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 9.8 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.9 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 90 1111112M 9.10 HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 9.11 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT CONTRACT or if the obligations imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 9.12 ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license to enter the SITE PLAN to perform all inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS by the DEVELOPER. 9.13 LANDSCAPING. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy and building. b) A letter of credit or other security as acceptable to the CITY shall be deposited with the DIRECTOR OF PUBLIC WORKS, in an amount equal to ten percent (10 %) of the estimated cost of landscaping, fencing and /or screening. The letter of credit, or portions thereof, shall be forfeited to maintain and /or replace materials for a period of time to include at least two (2) growing seasons. A portion of the letter of credit may be released after one growing season as determined by the DIRECTOR OF PUBLIC WORKS. C) The OWNER shall be responsible for continued maintenance of fencing, landscaping and screening materials to remain in compliance with the requirements of this Section. d) All DEVELOPMENT turf irrigation systems shall include rain detecting shutoff devices to control irrigation function during wet weather. 9.14 RECORD DRAWINGS. The OWNER shall provide to the CITY, upon completion of the DEVELOPER IMPROVEMENTS, a complete set of Record Drawings documenting the constructed or "as- built" condition of the DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in electronic and hard copy form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion of the DEVELOPER IMPROVEMENTS. Additionally, the OWNER shall include in the Record Drawings GPS Data of all sanitary sewer and water main service locations at the service extensions or property lines. The GPS Data shall include X, Y & Z coordinate data consistent with City requirements. 9.15 ADDITIONAL AGREEMENTS. A. The OWNER hereby agrees that the maintenance costs of the Storm Water BMP's located on the Development Site shall be the responsibility of the Developer. 91 - 17 _ B. The OWNER hereby agrees to dedicate a 10 foot easement to accommodate a public trail along the north side of the property. C. The CITY agrees to construct and pay for the trail. D. The OWNER shall dedicate public drainage and utility easements around the periphery of the Site. 9.17 RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration of the Section 1.15G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may submit to the CITY a draft release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. 92 I� IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor By: Walt Fehst, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ] DEVELOPER: Salad Investments, LLC By: Its: Mohammad Salad Owner /Developer On this day of . 2016, before me a Notary Public within and for said County, personally appeared to me Gary Peterson and Walt Fehst, personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Columbia Heights, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of ' 2016, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, said that he is the of on behalf of said Notary Public 93 _1Q_ THIS INSTRUMENT DRAFTED BY: Elizabeth Holmbeck Kevin Hansen, P.E. City Planner Public Works Director /City Engineer City of Columbia Heights City of Columbia Heights 590 40th Avenue N.E. 637 38"' Avenue N.E. Columbia Heights, MN 55421 Columbia Heights, MN 55421 763/706 -3675 763/706 -3705 -1) n- James Hoeft City Attorney Barna, Guzy, and Steffen, ltd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783 -5122 94 EXHIBIT A LIST OF DEVELOPMENT PLANS 95 -?I - PLAN DESCRIPTION DESIGN PLAN DATE 1. Site Plan Lampert Architects 2/5/16 2. Erosion Control and Grading Plan Plowe Engineering, INC. 1/4/16 (Including the project SWPPP) 3. Street Connections (Public) Plowe Engineering, INC. 1/4/16 4. Utility /Site Plan (Private) Plowe Engineering, INC. 1/4/16 5. Landscape Plan Lambert Architects 1/27/16 6. Storm Water Pollution Prevention Plan Plowe Engineering, INC. 1/4/16 95 -?I - EXHIBIT B DEVELOPER PUBLIC IMPROVEMENTS The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that are DEVELOPER - PUBLIC IMPROVEMENTS. CHECKED COMPLETION DATE 11/31/16 11/31/16 X Public 11/31/16 6/31/17 IMPROVEMENT Grading/Removals /Erosion Control Plan Utilities (Storm Sewer) Streets (Plat - Public) Landscaping Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the final occupancy of the building. Unless otherwise agreed to by the City, this provision shall exclude Site Landscaping. -22- 96 1. 2. 3. 4. EXHIBIT C ESCROW AND PARK DEDICATION CALCULATIONS) DEVELOPER IMPROVEMENTS SWPPP /Erosion Control/Restoration (site) $ 5,000 Utilities (Storm Sewer & BMP completion) Public Street Connections Landscaping MULTIPLIED BY: 1.25 EQUALS: $ 40,000 $ 6,000 $ 5,000 $ _56,000 $ 70,000 For the above work, DEVELOPER shall post escrow* for $ 70.000. (* Form in accordance with Section 8.1 of this agreement.) PARK DEDICATION FEES: N/A In addition to the letter of credit required above, the DEVELOPER shall also deposit $3,500 in cash with the CITY contemporaneously with execution of this DEVELOPMENT CONTRACT. This $3,500 shall be to pay the CITY for the past and future engineering site inspection fees with at the CITY's standard rates charged for such tasks. The CITY represents to the DEVELOPER that the sum of $0 is presently outstanding for such site inspection fees and that no additional amount will be charged to the DEVELOPER for engineering site inspection fees incurred prior to the effective date of this DEVELOPMENT CONTRACT. Upon acceptance of the DEVELOPER PUBLIC IMPROVEMENTS, the CITY shall return to the DEVELOPER any remaining portion of the $3,500 not otherwise charged against the DEVELOPER for engineering inspection performed by the CITY. To the extent the engineering inspection fees, calculated according to the CITY's standard rates, exceed the $3,500 deposit, the DEVELOPER is responsible for payment of such excess within thirty (30) days after billing by the CITY. -23- 97 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE RESOLUTION FOR A JOINT GRANT APPLICATION SUPPORTING THE RECONSTRUCTION OF 37TH AVENUE FROM CENTRAL AVENUE TO STINSON BOULEVARD A DEPARTMENT: PUBLIC WORKS CITY MANAGER' APPROVAL: , ' � M BY /DATE: KEVIN HANSEN / JUNE 9, 2016 BY /DATE:,f / BACKGROUND: Over the last several years staff has contacted the City of Minneapolis regarding the condition of 37th Avenue. The street is a 45 feet wide concrete section with two way traffic and parking lanes on each side. Traffic counts are 9,000 ADT on the west and 10,100 ADT on the east. For the last five years, Minneapolis has indicated this segment is not in their CIP or project list. Recently, the office of Transportation Planning and Public Works of Minneapolis contacted us to begin discussions on the street and to look at potential funding sources. Cursory estimates of the reconstruction cost of this segment of roadway are in the $8 -10 million range, depending on the extent of utility work. Minneapolis brought forward the idea of jointly applying for Federal Funds under the Regional Solicitation Program (RSP), administered by Metropolitan Council. The RSP application itself is extensive. An overview of the program is attached. The most attractive benefit of the funding is that it will fund up to $7 million for eligible projects. Due to the scope of work required, Minneapolis has indicated they would prefer to act as lead agency for the application. Also, in the last decade, Minneapolis has been successful in 6 of 8 RSP Grant Applications. The cost of the consultant work to complete the application is $49,750, which would be funded equally between the two cities. Applications are due to Metropolitan Council July 15th, and awards are made in January of 2017. Funding is for projects in years 2020 and 2021. The City of Columbia Heights share is state -aid eligible. Application: Staff is currently working with the City of Minneapolis and their engineer in the development of the application. Attached is a resolution that supports the funding application required under the Regional Solicitation Program (RSP). The resolution also requires that the City be responsible for the maintenance of the improvements and that we are committed to our share for the overall program costs. Federal funding is provided on an 80/20 split —the project's local 20% match would split 10% to each City. STAFF RECOMMENDATION: Staff recommends approval of resolution supporting the submittal of a Regional Solicitation Program Grant for the reconstruction of 37th Avenue from Central Avenue to Stinson Boulevard. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2016 -53, there being ample copies available to the public. Move to adopt Resolution 2016 -53 in support of the request for Federal STP funds for the 37th Avenue Improvements from Central Avenue to Stinson Boulevard. ATTACHMENT(S): Regional Solicitation Program Grant overview Resolution 2016 -53 98 Introduction to the Regional Solicitation for Transportation Projects January 22, 2016 The Regional Solicitation for federal transportation project funding is part of the Metropolitan Council's federally- required continuing, comprehensive, and cooperative transportation planning process for the Twin Cities Metropolitan Area. The funding program and related rules and requirements are established by the U.S. Department of Transportation (USDOT) and administered locally through collaboration with the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Minnesota Department of Transportation (MnDOT). The online application can be accessed at: http: / /www.metrocouncil .ore /Transportation /Planninp,- 2/ Transportation - Funding /Regional- Solicitation /Regional- Solicitation.aspx Federal Program Overview As authorized by the most recent federal surface transportation funding act, Fixing America's Surface Transportation (FAST) Act, projects will be selected for funding as part of two federal programs: Surface Transportation Block Grant Program (STBGP) and the Congestion Mitigation and Air Quality Improvement (CMAQ) Program. The Transportation Alternatives Program (TAP) was folded into STBGP in the FAST Act. It is assumed that federal funding will continue to be available in 2021, but there is no money set aside at the current time. Modal Categories and Application Categories As depicted in on the following page, the applications are grouped into three primary modal categories: 1. Roadways Including Multimodal Elements 2. Transit and Travel Demand Management (TDM) Projects 3. Bicycle and Pedestrian Facilities Each of these modal categories includes three to four application categories for a total of 10 application categories. TAB will also consider unique federally eligible projects that do not fit one of the 10 application categories on their merits, if they are submitted. Unique projects will be considered by TAB outside of the competitive Regional Solicitation process. Applicants for the Regional Solicitation will select the appropriate application category for their proposed project based on the mode requiring the largest percentage of cost. For instance, a roadway reconstruction project that includes a new sidewalk would apply underthe Roadway Reconstruction/ Modernization application category because the roadway improvements are the largest cost forthe project. If an applicant submits a project in the incorrect application category, the application may be disqualified. It is advised that applicants contact Metropolitan Council staff prior to submission if there are any questions about which application category is the most appropriate fortheir project. 99 Funding Availability, Minimums, and Maximums A total of approximately $150 million in federal funds is anticipated to be available in this solicitation for program years 2020 and 2021. As shown in Table 1, modal funding ranges have been established by TAB, based on historic levels, to give applicants an understanding of the general funding levels available by mode. TAB reserves the right to adjust these modal funding levels depending on the amount and quality of projects submitted. In addition, TAB approved allocating $10 million to $15 million to the Bridge Rehabilitation /Replacement application category, with this money coming out of funding for Roadways Including Multimodal Elements. Base -level 2020 and 2021 TDM funding for the TMOs and Metro Transit will be taken out of the Transit and TDM category, Additionally, there is $1.2 million of TDM funding that is available for 2018 and 2019 for innovative projects. TABLE 1: 2020 -2021 MODAL FUNDING LEVELS Modal Range of 48 % -68% of Funds R Funding Levels Range of $72M -$102M K Within Roadways Including Multimodal Elements, at least one project will be funded from each of the five eligible functional classifications: A -Minor Arterial Augmentors, Connectors, Expanders, and Relievers, as well as non - freeway Principal Arterials. Table 2 shows the minimum and maximum federal award for application categories that applicants can apply for as part of the Regional Solicitation. The values do not account for 20 percent local match minimum that applicants must contribute to the project. TABLE 2: 2016 REGIONAL SOLICITATION FUNDING AWARD MINIMUMS AND MAXIMUMS 3 100 Roadway Expansion $1,000,000 $7,000,000 ? Roadway Reconstruction/ $1,000,000 I $7,000,0001 Roadways Modernization Including Multimodal Roadway System $250,000 $7,000,000 Elements' Management I Bridge Rehabilitation/ $1,000,000 $7,000,000 Replacement Multiuse Trails and Bicycle i $250,000 $5,500,000 Bicycle and Facilities Pedestrian j; Pedestrian Facilities_ i $250,000 $1,000,000 Facilities J, Safe Routes to School $150,000 $1,000,000 (Infrastructure Projects) ...a�.�.......�..._ Transit Expansion_ µ7ravei $500,000 $7,000,000 M Transit and TDM Demand Management j $75,000 $300,000 Projects (TDM) Transit System Modernization $100,000 $7,000,000 3 100 Roadway Reconstruction /Modernization Definition: A roadway project that does not add thru -lane capacity, but reconstructs or modernizes the facility. Routine maintenance including mill and overlay projects are not eligible. Projects must be located on a non - Freeway Principal Arterial or A -Minor Arterial functionally- classified roadway, consistent with the latest TAB approved functional classification map. Examples of Roadway Reconstruction /Modernization Proiects: • Intersection improvements • Addition or replacement of traffic signals • Alternative intersections such as unsignalized • Shoulder improvements or signalized reduced conflict intersections . Strengthening a non -10 -ton roadway (one intersection or multiple intersections) • Raised medians, frontage roads, access • Interchange reconstructions that do not involve new modifications, or other access management ramp movements or added thru lanes • Roadway improvements with the addition of • Turn lanes (not continuous) multimodal elements • Four -lane to three -lane reconstructions • New alignments that replace an existing alignment and • Roundabouts do not expand the number of lanes Scoring: 1. Role in the Regional Transportation System and Economy 175 17.5% Measure A - Average distance to nearest parallel roadways 80 Measure B - Current daily heavy commercial traffic 50 Measure C - Connection to Total Jobs and Manufacturing /Distribution Jobs 30 Measure D - Freight project elements 15 2. Usage 175 17.5% Measure A- Current daily person throughput Measure B - Forecast 2040 average daily traffic volume 110 65 3. Equity and Housing Performance _ 100 10% Measure A - Connection to disadvantaged populations and project's benefits Measure B - Housing Performance Score 30 70 4. Infrastructure Age /Condition _ _ _ _ Measure A - Date of construction _ Measure B - Geometric, structural, or infrastructure deficiencies 150 s0 100 15% S. Congestion Reduction /Air Quality 75 7.5% Measure A - Vehicle delay reduced Measure B - Kg of emissions reduced 45 30 _ _ 6. Safety 150 15% Measure A - Crashes reduced) 150 7. Multimodal Elements and Existing Connections 100 10% Measure A - Transit, bicycle, or pedestrian project elements and connections 100 8. Risk Assessment Measure A - Risk Assessment Form 75 75 7.5% Sub -Total 1,000 100% 9. Cost Effectiveness 100 Measure A — Cost effectiveness (total project cost /total points awarded) 100 Total 1,100 Roadway System Management icX RESOLUTION NO. 2016 -53 A resolution of the City Council for the City of Columbia Heights, Minnesota, supporting Federal Surface Transportation Program (STP) funding application submittal for 37th Avenue Improvements WHEREAS, the City Council of the City of Columbia Heights is the official governing body; and WHEREAS, the centerline of 37th Avenue from Central Avenue to Stinson Boulevard represents the municipal boundary between the cities of Columbia Heights and Minneapolis; and WHEREAS, the cities of Minneapolis and Columbia Heights jointly desire to reconstruct 37th Avenue from Central Avenue to Stinson Boulevard; and WHEREAS, the improvements are intended to create a safe, efficient, pedestrian friendly, "green ", multimodal compatible roadway; and WHEREAS, the project is consistent with the City of Columbia Height's Comprehensive Pedestrian and Trail Plan; and WHEREAS, the proposed pedestrian improvement on 37th Avenue will provide east- west connectivity of the local pedestrian system; and WHEREAS, the City of Columbia Heights accepts responsibility for an amount equal to or greater than 20 percent (cost is shared with the City of Minneapolis) of the eligible project construction cost, together with the cost for design, administration, right -of -way, and peripheral project costs; and WHEREAS, the City of Columbia Heights is committed to the operation and maintenance of the improvements under the City's jurisdiction for the design life of these improvements; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT 1. The Council adopts this Resolution in support of the request for Federal RSP funds for the 37th Avenue Improvements. That a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission as part of the 37th Avenue Improvements application for Federal Funds under the Regional Solicitation Program (RSP). ORDER OF COUNCIL Passed this day of , 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7I MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: June 8, 2016 BY /Date:i r BACKGROUND /ANALYSIS Attached is the business license agenda for the June 13, 2016 Council meeting. This agenda consists of applications for 2016 Contractor Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for June 13, 2016 as presented. 103 June 13 2016 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL June 13, 2016 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2016 BLDG *Benck Mechanical 628 2301' Ave, Somerset, WI $60 *VanKirk Htg & Air 4505 Crosstown B1, Ham Lake $60 *St. Marie Sheet Met 7940 Spring Lake Park Rd, SLP $60 *Drake Mechanical 12190 Coral Sea St NE, Blaine $60 Professional HVAC 2861 Center Rd, Avon -OH $60 Elk River Htg 19567 Twin Lakes Rd, Elk River $60 104 Page 2 W F � F � z w z z 0 F U W A z w Q F— Z W 2 fy a- w 0 W U z z LL w F A zz � F HW CO O N M r C LL O 0 Z H W W _J U Z D O U U) F- 2 C� Q LLI H 2 O Q Q C/) 0 m Z Z Z Q D L- O LL 0 U O >- LL H Z O Q D >- O cn U U U � O a) U � O) a) C E a) E O OU U a) cn L ca L E m m U � o a�i CD a) W •> g °' m � J U O � U 0 LL U O U ~ a) U -F:; a) 0 � � c cc cu N M ti N 07 N M f0 60- 4- i U O ca a) a) (n 0 a) ca -0 0 m O N a) «. c c � O c� U (.0 C � '� (Q E L X 0 rn a) c� a a) c w (6 N > cu a) M -� > cn o a) a) L U E c a) 0 >, o -0 E a) O :3 L 0 0 U) w -K x� U a K H Px + a x> 0 K a U + U 9+ H k O K k H O x K aH aco + O o K K U 5 + u wU)a C� O O O K + o LO -;I, a >1 o f x HC7U H U) ro U) -K -k -K k -K -K H Q + a u uuuus4 us4uuuuuP m K # H r 0000* U cv z z 0>1 u x K z x 4-) K zzzz* O u) K U -H 4 H x -K zzzzK U -K f FC,t N () N k \ +-) a C -x M O U x W W W W- -ri H -K -K \ N it R: -K K a a Y # 14 TS rr ix l". ii -K Gj H 0 �,'y C -K -k rH In •ri ri W M x 4J N . . . . . . . . 0 us 040 N .. * * .,J a) rl 0 U) M -K * H � v) U a) • U H In U) •• -k O +) q H y -� C N -k -K - H i4 1) kl a) 4a 0 art o a � � �, a x � sA0 -K K U 04 �5 N �4 u sl .4J 4) \ 4) a) 7- H -K a) v 0 wa,4J a) s4 M 4 04 (D U az U o H Pz cn U a 'O C C O Q N X U C FC z a) 2; C) +-) OWW Q wx s, row <o -x K U 0 FC (0 U �l a) ro w 4-) M 4 z N -K ro H Q H rl z 4 a) u �4 a) '0 a) W H \ -k J-1 %", U) ut a) rd N U q U it () U) (D •o a) (i of [urn x * H 0 D X U C r a) 0•H4 - .0 N H C+-) HAra O -K -k 0 -H a To U H H N U -n '0 0 U X U () (o H ra 0 u) \ K 04 V U C 0 C C C 0 0 C 1 N C C .-i a) U a C 7 U ID -K a) 0, z 7 4 0 0 0 4 �4 a) C 7 (0 0 a) -� C 14 C <O -K is 41 -K -K -k O' 0 HGa UU)F7 F) U a,S Ha4M>Pa0 H a H x c� H W x H w a D N rl O O U W O 44 > O 1 a ra H� H LO U FI (7 0 z H O Ma'O r 0 0 M 0 0 u-) O W W 0-;V O 0 n Lo O Lo O O Lo 0 M 0 0 0 O O11O l0 M -I N000MOH W N�OH H z O N U10 w U)�w N O N O W c r O U) M" M UI H LO O O M N N 000 u) r r m r W NOOM WHO N NH HD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m O M r 0 10 to a) N r N N r r to N m H 0) C` M M N W r 0 u7 O io H 00 Lr) N M W r W N r 0 0 W M d' r M o r H Cr N N 10 O rl �j lO 10 o N M M vwO:m NMO woM a' vT H r r iO H O 1O Ln O N m M Lo r H N LO TM kDO a Mrl NHHv+M W LOr lO HM co )DLn VIM 0; Wco M LO N0)to dw iM HmNCN. -IM IT vN . . . . . . . . . . . . . . . W M N ya H rl M N W N 0 M N 4J z U) D •H O x xw H U H < 10 10 10 io to LO 10 t0 ID Q0 10 10 10 10 10 10 10 10 10 l0 to l0 l0 w0 o 10 10 10 10 10 "0 10 10 10 10 10 10 10 10 10 10 10 10 10 10 W to No H H HHRHH, - HH HHHHHHH,1- 1HHHH- 1HH -i -i -i ,ir-IHHHH H H H H H H -iHH H ,G N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ U\ x N N d) d) Ln n iO n o LO n N LO n N V1 to Ln Lo Ln Lo Lo N M u) N Ln N N N iO Ln Lo Ln N u) N N Lo Lo tO d) u) Lo N U) to M U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N (N N N \ x tO Ln u) Lo V)NtnV)NNU)Nuo ui Ln N U7 Ln U7 Lf) Lo Lo N N N Lo Ln u) u) u-) iO ijr) iO N iO N U) N iO io N N LO to N Ntr) 0 U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 4# N m p LO Wr W mOHN ro 0W r W W 0 H N Md'N Lo r- W m 0 H N M dl n wrl W WOHN M V'0w W x to to to 10 1O to w w r r r r r r r r r r W W W W W W W W W W d o 6 0 0 0 d O 4 41 0 0 0 0 0 0 0 0 0 U M M M M M M M M M M M M M M M M M M M M M M M M M M M M M (M M M M M M M M M dl aw d' �Il aT c, aw -V a' W H rH H H H H H H H rl H H H H H H H H H H H H H rl H H H rl H H H H H H rl H H H H H H '-H rl H H H H w Q0 10 10 to to w w l0 to to to 0 l0 to Q0 w to w to 0 10 Q0 to t0 to 10 w 0 10 10 to 0 10 10 w to w lO 10 to to w 0 to 1100 U H H H H H H H H H H ri H H H H H H H H H H H H H H H rl H H H H H H H H t-I ri H H H H H H H H H H U U O Q W LZ UFCar W w H O W z < z z H H WSwH ar >H z U 0 H U UP4 OH m HOmaZ Z HHm Z U z 7 H D z m PQ U Zz0 W W aFC < 8 >Z H U H FA U) pa H Wz0 14 r UZW FI 22 P4W�IDa a zi P:0 z zu14 <Ca m UWZz DHz z WNi-IU aZFCmX X xWH X40 HzH mam0 z C4 HE-iH0 m0 < H 440 z W W zm O O Uma < HzZW W.xzu4uu0 w >Vl H <aa Ga M C7UWH W UFCZ u m 00H013. aza ZH QQ P4rZH W 04 2UmW I CA f� P4Xwa Q<2 :M H1�5 W 0 U H < U 0 HgwHH PQ WmW< a OzW H <co %P4H C9<0 1ZC40H Z mU p $W Z D D cn 4 HWUHHmmF-1P�WWW44>1 uz H< Q FCm H wuu14PSC7m\O ,a (4 xHH a a D 0z>> L>a U) H O x4 0 x 04 F4uD0 W 9w0 w0 W >A HP: w430HWWZFCWQGa C4HH UQ: a0Hl4mzHHUHWam wa'Hrl DHHw W mm a W Q3 Q: mmwZ >z0xz\U3W WO P40 >pM0 CzHC4Ha <z z waar 04 N H W < 0 Z H Z x 2NxWHQ:Lo H3r. >4<0W W3HWQ DDr W4 N 0 M D W D D Z O4 M F4 C4 H < 0 W p Wz CO aC4aHxG4 H m Q U x H 0 0 0 H H z a W O- 14 a w W a a a Q FC Z W H Z Q m 0 w' z 0 w m m Q m Z 0P4W C4UUUUZS' U' H xxxNP�40I jrH0 iImHHHH >W WP4 U 1 009 W U WM P4 D n'<4FCa >1 c4DZUHH I WOFCFCP4ww PQ(0<Hx a U) U) 4C4xw H •• O O x W Z H 2 0 Hxxx >HP4 P4 DmU E4 H\OC9aH P4 DE,.4H W H mM Q u w HHHH zzrDUaFCauwFCP4wwc�m � Dxw rN z U 9W04 W0000Ha D a4 04 � Z m U) > FCFCFCFCFCFCFCFCFCFCFCQQ PQ W 0.1 PQ POlAPQW MUUUUUUUU U0000W OOO N W 44 x44400000 F4 H C9 a z H H U 10 x z H u FC o w zN x H \ U W CD x x U ID � g < 0 m W U) N E x U H W x w H 07 a Q N F4 O - U 0 G, 5 0 1 a ?+ o E m H U) u C9 00 O Z E d' Od' OO f` MOO ON 00 N 10 Ol000OMOMO 1` h oo 1O M OH 00 OOLL)OOMLo ON OM NO H z O OMOO MLnMOON Mo(y)" O OoO W 1`wo d,C om 10 Q00 LoOOOO WOO mm Ln 11 ON OIo E q . . . . . . (f) O M O l0 to Ln to 61 C^ Lo 0) H Ln N M Ln H lO M d' O tb r M O to Ln O m 0) 0) 1- 11 m u) Lo Ln r1 u) 0) lzr M 1` 0 if) H w O H >+D3 UG, Z O aU) U X U 0 H H d' O Ln T M M O 1- M OD d' o) 1` M W IX1 Ln 1` l0 to Lo (\j r 1 N O a) a) ;v N Ol N jM o H M H r- 0.) v W ri (n M lD T N fl Lf) lQ r M N N M M c d+ M M M M Lf) O H M H d• H d• r-1 1- 0 1 d+ d' M to �w DJ H m >1 a z Fl I Fq H U >i W z O z U 1-1 q U H . . . M D. LD N r- . H O. M . . . C . O. (Y. . C . i 4 H N N H h H In Lf) N M O U <0 zaU)4 z WU) H U H H dH H +) z V) x Nm13 0EzU) H £U) w < W H U) W •a 0 xU £ ax0w Z 0 xw 0 a (3zz £ W z a w X lfl E wwU) O H u H < t0 l0 L9 t0 LD lO \o LD 1O �0 W �D l0 0 tD l0 l0 l0 tD l0 l0 W W W W L9 ID LD �O to to t0 W to to 0 to �o W W W to �o �o to w LD N o Q r-I ri ri H H ri H H H H H H H H H H H H c-i rl H H H H H H ,-I H H ri ri L-i H H H H H H H H H H H H H r-I H Ic N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ U \ ""4 Lf) Lo Ln Ln Ln Lo Ln Lf) Ln Ln Lo Lo Ln Lo Lo 0 Ln Ln Lo Ln Lf) Ln Lo Lo Lf) Ln Ln Lo Lo Ln N N Lo Lo Ln Ln Lo N Lo Lo Lo Lf) L7) Ln In Lo Lf) M U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N li w \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ x Ln Ln Ln Lo Lo Lo Lo Ln Ln Ln Ln N N Lo Ln Ln Lo Ln Lf) Ln Ln Ln Ln Ln In Lo Ln Ln Ln Ln Lo Ln Ln Ln Lo Lo Lo Lo N Lo Lo 1f) Lo Ln Lo Lo Ln LD U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 O >+z W w � #I- m O H N M d' Ln w 1` W m o H N M d' o to 1- W m o H N M d' Ln w 1- OJ m O H N M d' Lo to h m m O H N M T Ln x OHHH H H H H H H H N N N N N N N N N N M M M M M M M M M M d'c V W V zr V ;v 0 Ln Lo LO Ln zwUx0UW N 3 HQOaE£aW0 M<na, 0U 07z04x ha d' d' Iq d' d• d' d' d' d' d^ d' d' d' -;I, d• d' d' W H H H H H H r r H H H H H H H H ri H H H H H H H H r r r H H H H H H H H H r ri H H H H <WH<'I ZEq ,x lD lfl lfl l0 10 l9 l0 l0 l0 O lfl l0 l0 l0 lfl to l0 W l0 w 110 10 ID W L9 to to w w W W l0 L9 w w w lD w to w w W ID w 0 w 0 U 00 O 0 1ZH •Hz G,ul N 0 0 0 M U E z O a H U) I> N £ z N Q U w z >+D3 UG, Z O aU) U X U 0 H H \ z 0 H z Fl I Fq H U >i W z O z U 1-1 q U U H < x <0 zaU)4 z WU) H U H H dH z FC E Nm13 0EzU) H £U) w < W H U) W a w £ ax0w Z 0 xw 0 a (3zz £ W z a ro a 0WZwa H W£ az Uxw z0HU Z wwU) O H � UHHO14HH<HUNO U? >+aUOU >,U) E�-lZ xH3a �<I <wz W £ >+a�ZwZ U` W M H 0IZUWH :�Q 4<w U)(y'U)EU) zN ENZZ LZ; q aaWHNH ZG, U) - £a ha 1-1 307 W0 HEZUU xx Z (D H >+z W w � HOMHMn DWZ001H x xx HIH0WH 00 z< u <>, U) zwUx0UW N 3 HQOaE£aW0 M<na, 0U 07z04x ha £> max a <WH<'I ZEq W W x a 0 Z N U<Uamf=,E 4D< WNUU 1 0 Qx- 4U)UW NaawawH00 a, Ea WUH44 ZQZUH0 0n HU,M w 92zP4W EFCEa wH3 E X 0 w W U)WNa 07H O 0 Z W 4 H aW < U)aH q (D x O W W £H0H £� z 0 1,M00EW0U E44Z0C4 0 W W V) W EE El2WU) 0 u 0 4 w m x \x0a WM a Q U�IZEZC7U)Q Fqgr•G4> 0H W WHgH q >+U)NZU)OEHW UWHOZ w\ux4u9 E •• O O WOxHHZ U),aW S <FU)Z0DEl0G,Oa�<w WOOaHH4awL�aaHF4FgwH WU) W co Q U x2w0aaww w 0 P H Z WID< 0) U 133QU)NEU)U)NH04 H44 �404 >W a X >,N z U U ZHatilx£ Z3QZW x3D<WuZaz000 4 0 W zONM> W HQ'<<PD<Ua Co W < < < w w H 0 0 QZZZh0Ha WHr.�r. < W H H H Z W W>4Z<W9 W W Q x£EEEN wx N > x x x x x x x x H H H H H 17 h .4 i4 a s £ , £ £ £ X X X X Z Z Z O N N a a a a W M M M W M M E E E rl < z H H U"o x z H U C) W z N x H \ U G, m o x x �\ z z U tD < 9 4 0 00 07 00 O U) M E x H W x w as a D N rl O O U O G, O I a >, o E v H U1 u U' t, H z E D co O H a >1 a b4 H 0 U -P z u) D •H O x U W w H 0 FC N O Q N U \ x M U DI \ x w U O x U W x U 000 w Ln wM0mc- I00Hm00 W Q00000NN Olr-U7 Nm0 N I-v'M moo MwOQHO moNo O w O [� N f� N O �o O O O M w O O m w m O uJ O\ w N O m O O M O N N M 0 v� 0 CJ Ol w O Ol N N a• O M M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w0vmI- w00w00 LO 0) m LO0v'wv LO0NHLONOIOO d'OI`v LO mMm0MI- NMI`NMa1v D H Mm w Ln W O 4, (1) w iO 0) O M v N N m dl m LO v M m w 0 O r- IT v C1 m m H M to w v' Ln w o N N v'v'I - HHm OH I- N Mv'HNHMH W wa•U)OwM vvMNMo v'I-H H Oa• . . . . . . . . . . . . . . . . HHtn to dl H �O N NNwM N N N H N N N w w w w w w w w w w w w w w w w w w w w w w w w w w w w w 101010 w w w w w w w w w w w w w w w H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ o N Ln o U) o v1 o Ln Ln n H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ in LO LO o to LO LO U) M U1 o w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w 00000000000000000000000000000000000000000000000 wI- mmOHNMv 'owNMv'Lowr- NmOHNMv'LnwhmmOHNM ,NwI-mmOHNMv'inwI'• U) U) U) o w w w w w w w r r- r- L- i i- r m O0 m 0J 00 ao m m 00 cO rn M Ol Ol m rn rn 0) rn rn 0 0 00 o 0 0 0 �w -qla• •1, v1v <,-v T q, v q, z T T �Tcw<ro;rccZrc1,er ;rcin Ln u)inoLnLr)Ln H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H w w w w w w w w w w w w w w w w w w l0 w w w w w w w w w w w w w w w w w w w w w w w w w w w w H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H rn 0 (9 a < O W'4 W- W W O H U)Z a U H a aria U� m H C9H E < 04 U) HQ a U a za a4 F1 D z ZZ04 W >H O O HD a H a U>i U> 0 xx<Iqu a Um 3< a U U) Q O Za Z H z F�z> w w HU z (0 a z W M H< H< E >10 W 0FgU)H(9 U)C9E> zZUH0 H H zU z co co 0 zz14zMXu2Z WE 9 < z w 0 w ".GS HFCU z UHHM2z zU) x 0u z HWHHEOZa a4 a a H 0 Z Z a0 1q M H z 20 U)aw UU)zz x U W h�4UDEH H Z H za 04 UHWaD W W W2 H FC0 a W WU)Wa C9 W H U)W EOU)OZ > >H z -IZElU) a a UM P] p p Z4 WzazEH F4>1 0 0 a �ZFI N H W WaWaE UH0F• Q HaWMW H waHHFC D z U EHZ W WH>aP a%3: U > < Z x Sal U)HH > Wx>+a >WH xaW(9 HzHWZx0W4 <0 W W H Z 4 as >ZUZC) MUH$ WUX0Z[E S HHQD W Ua1IIQEMUMDD W Wi -I0HZW FC<0 W Z W ZH > H W E H- Ia0ZwM QQ 2H0 lz� Ha - a a0 N090aHHQUHU)r. 0 U �00UH )0W WM a D H0000cg2UFC W W FCUWDWUt9W FC 14 HD0C9aaHZUQ F za X1444+ O �H04 x HW Q U zz wx0Fq �� W H uawU)M 0 O 0FH IWZ<4 0PPH>HFZH I0Faa >� z U 0WHO:204% WaaW >FCaW0UawHwHxaaaWWaazzzaHUXzaaX axoaw U) •• w < xa -iSwH xHO'NU0FCUQra1-7S'ZN04Pa W c0FcWw W aO DM<W W W xH000D wDFCU22 f. N a H > C7 EHH > >3SS3>CZ ( F(i ���Fc��FcFCFcCq CQQ7QlalMMuuUUUUUUU000Qwwww < z H H U w x Z H U 4o W z N x H \ U (F O o x x U) \ z z U w FC < < 0 W W rn 0 E x U H W x w H F( wa a ,a O O U x 0 W � O I a �o H � H N u 0 Z H U) H Fl �a SA H 0 U J �a O x x� U H N 0 S,• N U\ M \ a O wr�i H•• U) M >+ N m.. a� H U w z H 0 z N H \ 14 m O U to FC o H vH q, o-v r, 00 Ln HO Omv o o o o mom Ln NO v O O o U) O m Ul o Lo m N N O N O co -' O O Ln0 z NWNoxv' OOHt0000 Lo o 0 io 0 r O MN tDH x O C O r O N H O m N M M O NC 0 O m 0 O lox 0 N to rc m m Ln M co cc) r m m M o U7 r r m Lo H O m x xv r 0010 w m LQ H w N O U) x x 0 Ln 0 x O mr M Q U-) to r m m N r H to 0M H d' In m r H M H N IT v, r r c 0 to m to 0 li LO m-T 0 0 H mH wlglNNm �o xHMNHHV' rHLnv'v'mHNNrLn mmHHNH HHLn i H N r-w iv r- Ln mr inrN N d' M M M m N H H N H in Ln H LD t0 to to to to l0 0 t0 t0 l0 wlD 0 t wt0\0\0 to l0 110 l0 t0 lfl 1010 0 0 w w t0 0 t4 �o 0l0 w t0 �o t0 l0 0 t0 w 10 Q H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H U 00000000000000000000000000000000000000000000000 x l0 l0 0 w 0 0 0 t0 t0 to to 0 fl lD to 0 10 t0 l0 0 to w t0 w w 0 Lo w 110 t0 10 w 0 0 lD 0 0 w w <o to 0 to 0 0 0 0 U 00000000000000000000000000000000000000000000000 x U W x U a a OQ O z H x U W x U x x z z Fc Fc W Pa x m 0 H N M v U1 t0 r x m O 1-1 N m v N O r x m 0-1 N m d' in t0 r x m 0 H N M v' 0 t0 r x m 0 H N M v' 00HHHHH1-1 H H H H N N N N N N N N N N m m m m m m m M M m Q'a'vd'v'd' -W wv' V' N N In n In o Lo U7 U7 U) N m N U) N U7 N N n Lo o N Lo m o 6 M U) U7 N o to N U7 U1 to N U) N N m U7 Ln In Ln U) N N U) to N H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H o to w t0 0 to t0 w to to to w to to w to to t0 to to to w t0 to to to to w to to to w to 0 0 to t0 to to to to to to w to to to H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H 4 H z O N E O CO z w 0 0 U 0m z a O H - U 1 2Ha0 H u) z z Ea 30 U 0 a 0pQU U ECG H H m 5:G C4 4 U W x z z U) Hz az <U)U HZai FC z P7z C4 H(7 H w UW H HO U U) U) z w Z 2 0 z H ;EH ca 4HE �HE Z x C4<0H O a OZZE a O EU) •2)H 2; E(9 r1Nrl p H O'ZU)wNH ZUwaxHW0 :) a0 U z H 0 u 0 U)aU aH 0 > < p w Nth 0H r4HxHww Z U z a a HD co U) z Q1 C7 g U)0zmw UGHco r1 NWHC4>4H E I H0 PQ HQ UaQ1 ZH H z C4cnHU\,-1H>Z or) U)U)F H0a4m<E 1 ? 2 m H FC0ZQ2 4 0 m X H W W a M07PC HN OU) •\ x 44xEHNWU IUEU H HUN�4Hm < w 4 U)H W H W UH4 z W HU)FC D r�H040Z NxU) H i 0 .4H WHHW CO Pi QNNU U)C4002 W >i WHWWXH,l Ol 37w0<wx<2zpx0 zm2Z W0P F<H0 UW< 44WHWNN <FgHMi lUSSaNQMU H aHaIN %0MH0PWC4fAgHZW EUZ0<P4000HWWU)rl a 0 2 H0< Z d zwz D W N H0 O W14Q Ow E coQQ 04WNFCMMM'ZFlMHUE 0U)wawU U)EWFq FgZi-1C4WEi-1 I W HHOEH WC4WEaD NM 0142 Z U) <2WMpMnaq > 0QWamFC Q >,MMMNN WWWH awcnaHW2 M H U H H a� Zc4HMHxZ F 04MH001 ZFC04Z<W W W W W xxUUHzFq 0,1 04 0 n m N w Q t7 W O40W WEWHZNW Z00FCW3SSZ000EHHMWFC�?4G4F40QH WNW CYi Qi aZZM H X X M H x0muHQG4 z>+000Z WC4N[, N W 9O: P4H0 2 04 QxU)E2 N0` 0000xxXxHHtF)a4.`45X2X2X XXX XZZ000aaawaaaaaaaaxa 0 U) (n H x H W x w H Pa a D N a o 0 - U m 0 Ga > O i a > O H c H Lf) C) Fl U Z E H 2 H D O O H 14 H 0 U Al 2 U) D -11 0 xU w X tO H U H r.G N O Q u� x n U rH W \ x ID U O x U W x U wM a a E •• O 0 m n Q U >1 N W u a U < z H H U to x z rH U < O W z x H \ U Ga m 0 x x U loo � o W (q m o o to o N m d• O 1000 3, -1 O o Ln N v Ul N to 00o o o o cn O N am r Hmomo(nmmLn Hwoo Om()to0mmOOCoOl0mHONOHNMrH(nm Or-m 00(o N to mmHI. tom O 10 to v N M O Om . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m O O m N m m .-i N lO m v N N N o M m lO r- m to H Ln (n m m Ln V, O aw N O rH m Ln H Ln to w m (n m N N N [I- Ln O�T N M m Ln Ln V, M (o (o tf) M 6i O N m l0 rl w to r- m O rl M O H m o m r- r') O ,' r) Ln �q' O Ln l0 dv r- N M (`") Ln a) h N N m (n r1 (°) Ln 11 H m to N O M m N m f r l^ m U-) w H 11 N H M . . . . . . . . . . . . . . Ul l0 (n rl H rl N H H M m d' H rl r rl H Ln M w Q0 w to 1D lfl w to w w 0 lD 10 l0 l0 l0 l0 w m w Lo Q0 lO tD Q0 0 l0 to 0 to to 0 to l0 4o Q0 w Lo to l0 w to �o m tD m rl H rl rl rl rl rl rl rl rl H H H H H H rl H rl rl rl H rl ri rl rl rl rl rH H H H rl H H H rl H rl H rl H H rl H rl H 00000000000000000000000000000000000000000000000 l9 to t0 t0 to to m lO W to m to 0 0 lfl l0 w w l0 l0 to l0 l9 w 0 to w w to w 10 to 0 l0 to 0 0 w w w to m to to to w 0 00000000000000000000000000000000000000000000000 N l4 r m m O cH N M d• N to r- m m O rl N m r N lO r- m m O .-i N M d, N lfl r m m O - l N M d' o lO r- m m O H (nLnLnLn0to�OlOtOtO0tokD to W rrrrr [' r- rrrmmmmmmmmmmmmmmm(3)mmmmOO to to to N n to m m N n N N Ln N N (n N to m n to Lo to ul ill o N NLr) N N Lo to N Ln Ln N to Lo Ln Ln Ln Ln N N to w H H H H H H H r1 H H H H H H H H H H H H H H H H H H H H 1-1 H H H H H H H H H H H H H H H H r1 H Q0 l0 (o to to W to l4 to l0 to to to to to to lfl w lD to to to to to 10 to l0 to w to ko m m to lO 0 lfl lO w w to w 0 to to w to H H H cH rl r1 rH 11 rl rl H rl H H H H rH rl rH rH H rH H rH H H H H H H rl r1 rH H rH rH H rH H H H H H H H rH H 0 0 a V a 2 U co Iz a w a w m QO z a a z a zUa m U H H \ U H >H a H W m Q H< z U D H U a m 0 a a 2 U 0u 2 w H a E 2 H z a P4 2(D DH CD a Px U 0zUm> <4 x 1 X O H W a H a H xa UD(Z H UHH0< <>H0 wm >H (D zUx .H 2 cnw(n,i2 HmH 2 UP4 Ha •2maH 0 z FCH2rx z O a <2a�2�UUxH WUv HQW FC0zC�FCN P4 (D �4HH 0ZzHS Om 2 W H D W a D H x2 UWZ0 hEWP4Dr4 H EHHH H u)OZ >F4 z P 0 0 wmP4WZ�3 U 0 0 Z FC mW P4 OE P4xH E9 9 zP4 19 aH W W 9 0 H H P4PZW EHmx z wH�mP4xw< UH\UP4>HU 0>- Dwwuw0xC4S: m >S 4 coww w H H >+lnP4 WUW 2>1w 90N0zmmuw£ W 4 >H0Z<0 W 2H x 4 D w w W % WAD$ x H Ea W Em00P HQ QxwaUP mumDPOHm9 < Z H 0 N 0 3ca\4 <z WwzHwHwaHmzw x2zH0 H - x a Flo H <a2H£2 wQ4UaP4mXHwH p r�xFCH4P�< <0C U2 cZ W>- >+xxa>+440HHHU W 0%0 Q0ZNMpX4H2:0 U W WwU)w(xW9<HHH�m2Ur.�WWHxOHDOCI X£r.�W WaxEUp: W Gam- HEa W 0ZH >2aQ 090 %P; P4 OH W 0 xaazF�4HE>HFC0DU29 014x0 mGamz0D<%2DHH H a 0 Z M W W wwwUHNmDaaP4wazHUaa2z%xP4W WO 0 D D < U 0 P EHP4$a 2 W XHm$UH z X2 lZ W W < W W WOZ9 W H00000<U Waaa % Pt P4mmmmmHHEDD33z83>CN K < < < <F M 4PQMM000UUUU0W W WG4G4G4 m to E x H W x w H Q' rA a D N a o O U 0 Cv O 1 a ? O F v' H In Ua U z E H r m r d• m Ln m r m Ln o Ln to o v r N H o m o o o o O H O O D-v O m m of Lo O N Ln m O O M H z m H o M N N o Ln r H m N N Ln m m to o ff to a)m00r 0 t0 r 00mON v v OIo H Ln NOr F D . . . . . . . . . . . . . . m O to H H O r m tO m m M N H Ln 01 H M w m M m Lo N Oar N m N m oo m o o m r H H%o r wMm v, H O 4 HWU U E 0z H m O to to m Ln H H m m M M Ln m w m dw N d• Lo O o m to N m N 00 v N m w tO m C' m v H N rH a H r in H MHNN lD NHHN Ln NN (A MH Ln HHH 0)M Ol r 00 Iq U W QQZ w zUH O m . . . . . . . . . v. C . C . N H tO C 10 C. H H H S4 H N d' r m N H H 0 U DQ -1 H H DU H Z Z 0 H +- z rL4 1 0 - o x zDU xU0 <HzHaU 64 N r�m2 w x to F O H FC, lfl w w t0 t4 t4 to to to to w 0 In l0 w t0 w w to to t0 to 10 Lo t0 to to to to to to to w 1D w w ID to to lO to t0 to N o Q H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H U\ x m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m M U 0000000000000000000000000000000000000000000 mZ wHzm0 E>U H u SHFCHUH<COcn 0 x Wm0a m \ x to to tO 110 to to 110 1-0 to 0 t0 114 to w wfl o to w to w to to to to tD to tO to to w lO to 0 to l0 l0 w lD tO w to w w lfl U 0000000000000000000000000000000000000000000 0 U E H 4 z #k H H m z #I- N(,) v o w r m m o H N M v o w r- w m O H" m T N w r m m O H N M v Lo to r m m o H N M d' '�i O O O O O O O O H H H H H H H H H H N N N N N N N N N N M M M M M M M M M M�� d• d' � HiXMU2:Hm 2:000` ., U w t0 w t0 to to w w w to lD w t0 w to t0 t0 t0 w 10 110 w ID to 1p to w to to to t0 w 0 t0 w to w tD tD W tD w w w H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H ><<H wzEw nx f- (,EZEHHHUH m5':<W<0.l ID t0 t0 W tO tO W W W 0 W W W W tO t0 W W W tD to W to to tD lO tD W to l0 10 ID to W 0 W W to to W W W W U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H l0 r M N l4 H M N z a w m E z o 0 0 H o m •I< a o m en 0mQ UmU E >H U Z O 4 HWU U E 0z U) El 0z D m z H U W QQZ w zUH O .^ H U 114ZH FG x Ff zPZ DQ -1 H H DU H Z Z 0 UC4z off rL4 Urt O x DD W zDU xU0 <HzHaU 64 N r�m2 3U HFC NOUOaz E 1a� w <Ut7�l�DH< H Q zmm W W fly, a � 2 �D mZ wHzm0 E>U H u SHFCHUH<COcn 0 x Wm0a m co E HNzm DS W44MPHa'E W fx 3 W C9 WU2 u U E H 4 z #k H H m z a x z x D 7 E H LZ Z W Q E z a s W Z Z HiXMU2:Hm 2:000` ., Wmfs,QFmmWHmz HEmf4 OHM NUv':x H< ><<H wzEw nx f- (,EZEHHHUH m5':<W<0.l H',3- Upj11aUa x Zi a m a'>+ x H O Z fx W wGa Z U H 0 4a Px Qma axxD a fx zxUa H<u F W ww4U wam0 0014 ag44 00E9 Om O 4U4 2: 0 H x az <H fx z mw2\amEw az>� a w m 0 \aamr� w0axxQUzwfxx z ,Dwwaw 14M Z D z za, M Q Q >1 0 0 W N D Q 04 04 �HZ ENHD w H wUzwmmw >4 02 E •• 0 o xHrl0D>1Z W mW D 0 Z 0 W W WQOxH aHrl,Sm FxHW(a ZF4u mM Q U D Mm 4W W W HZ U' E <ZR:4ZZ H W 4 0 X < W H Z P W 40Z0tU00W ?+N Z U 1�6Z Z Zx2Q a:2 . f- +UZELI IZZHEW DH W 07, M0 ) f4 W>1 W H D 0 Z Z Co •• W < w < W 0 0 2 WH W W H H H H W x0Exx[4 xP r H N C7 t7xxxxxxHhhxaaz ,z,zzCaaaxrxmmmmmEEEEE;�� aH z H H H Uw x Z H U F� 0 w z x H \ U Li O o x x m\ z z U w 9 F� 0 14 Pl l0 r M N l4 H M N M r E- H W x w U H < row a N ao O U w 0 44 O 1 a >1 o F a• H U) Ua U c� 2 F N H z U7 F O I- H H I— (Y) S4 H 0 0 U +- z U! J (n •H O x U W .k w E- 0 A 1", N U1 x M U H W � x ID U 0 x U w x U � c W M C4 F •• O U) M A >a N z U) ua • • w a N > a' a E- 0 H H U �o z H F <o a z N O H a wm w o x a <o W OD 0 0 A W F z H a a A a O U W a Cl) to w E U' x04 cn a H a w< xU w Fa H W N X O D a Oc) O O U 5 I w to Pl' 000 w > O n Paa HC7U' U U) in E CO100cHOlnLnolnO0o q,00[ - MMMHO Vv a•Iou)mH00000O u) E 2 M'3' O O In 001 l0 N N O N O 01 l.n 1` co M dv'l' O M Nm NN r- 0) IT 0 0 0 N O N w . . . . . . . . . . . . . . . . . . w OJ rl r 01 O tr to In r rH O H In l0 O1 l0 lO O1 In l0 w M 1` H O M 01 kD M Ln to W co N 10 " S4 W N H N In 01 O 0 �T Ma") N H 0 01 co -Ql ul l0 in a• r w M I` N N h- H H H 01 N O N r- 0 to rH l0 OD N rI Im 0) O 0 N d• to O N N CO 1f) 6i l0 l0 N O M 01 In N H l0 w M M o H M to +3 a . . . . . . � . . . . . . C4 1) D 0) H N M l0 rI rH H M 1- III N W rH N rH N N 01 to 01 O N .1 14 01 r N to H In 'l' OD O In H OJ l0 (YI x m w H H H H m H I H X Q H M Q U N I Ox u x H W Wr.0 GlF-40 W W.tnto I U I v i E Q I I W 0 [n0Wa D C4 w I ^— ax4zx4 w wUx I I rC�o W C4 a s a' n 0 w P I 1 m E- CO F� 0W>4 zz • z a 0 I z w Ina- - U aaaza xxE F� I I I Ox u x H W Wr.0 GlF-40 W W.tnto I I HE 7- El < t4Lur -> N> U >+ D Uto FF I I PP4 4D t4EH00Z W I Q E zzC4 zxtnUU I I U O O z 0 0 z P\ 0 D 1 0 W H H O O P < W H W W Q I I 04 pP�O fxU4 z WPPFCa H PPZ WtoU00 � I d• I U) < Z < H a\W W S:Eza I E UUOW E>+ ••za 44 I WM I Z -I PiHaU} EC4m005 wa > >I D D D U 0 Z Mt aaa I E •• I HaP< H aa F I C4 C4 W0&1P 04 C4 4H U F I to M Z I H to ', H> 0 U a a a W a Q H H Q C4 E E C4 14 4 z z Q Q H I S N 01 la>H >W 0 Hx-z> aaaz W tntowI�txOwww w I O •• H I ZQ a Xx4C4ZHHH0NWHHD,: ZZ2:0 H 0 H H W W to I N E 1 (9,:HH'3 W U FCE Q4 PEG-I W 0 0 W 0 P < D D U Z Q I aH a I az0X W P>10 "• W WFaaaaDaDD to UUtoaz M M Z W Z I H H H Q H Z 1 Q' H<< 4 X OI < w Z (� H� a H H< M D 1 H C4 1 aZy�cw >w <aPPQPPPHWPxaIn�OC4 , 0C4 <rxaa w 1 U�0 a U I W Ew4agZW W HHH HWWDc4DWWC4Pa0UPEDX a W ZH to 1 z C4 (14MMPwmwaaaaaaPZw0aPZ0 ZH44 WZ : ztWW a < 1 < U W I W aFCQE<<H44HDHr�r�r.Gr�r.�<<W W PHr�W E W DZH00Z14 a u 1 H\ IQ Q I i7aaWMa4Ua�CPx PUUUUUU3tnatna$MWUWH44UUHGa � z 1 a Cu d a M\ z Z I H H M Vl N M In O H H N lO H N In O H O H N M Vl 0I H N M H In O In H MC r E Zz. I U�o D D I o000HHNa• 10 r 1` r H H H N M In O O O O O to In Ln O O N r w w w W O FC FC I <O G4 Ga I HNNNNNNNNMMM w�CC�C W10l0Wl0Wlol0r1`1` mNmw W H fA P7 I v cn w E t7 xa4 0a H a w< xU w �x H W N O aoD 00 U 1.4 000 IT ? o Ln Eaa H 0 U U to E v1 Ln z Lr LO W z I W I- W M (Y) M v a O U N N .ri W io �o M M H U X Q M M U F� N I M U I I I I I E I z W M 1 O E •• I U M M I U ? N I F� M •• I M N I C7 x H I H H I °4 0.l U"o a W I U s z N W z I U H � a w0 a � CH COLUMBIA HEIGHTS AGENDA SECTION ITEMS FOR CONSIDERATION ITEM NO. 9Aa MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: First Reading of Ordinance 1628, Amending Chapter 8, Article IV, of City Code DEPARTMENT: Fire , a I I BY /Date: G. Gorman 5/24/2016 CITY MANAGER'S APPROVAL:, BY /DATE: BACKGROUND: Chapter 8, Article IV of City code automatically adopts the most current edition of the Minnesota State Fire Code as part of City Code. The State Fire Code includes optional appendices that are only enforceable if specifically adopted by the municipality. The last time this section of code was updated in 2005, six of the nine optional appendices were adopted and are part of City Code. The State adopted a new State Fire Code in May. The nine former appendices have changed to twelve, with many having different appendix letters than before. To eliminate the need to change City Code with each adoption of a new State Fire Code the Fire Department is proposing a change to Chapter 8, Section IV to allow for the adoption of the optional appendices by Council Resolution. After this ordinance change is in affect a Council Resolution will be brought before the Council that will explain the appendices and which ones the Fire Department will be adopting. STAFF RECOMMENDATION: To approve the change to City Code to allow for the adoption of State Fire Code optional appendices by City Council Resolution. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1628, there being ample copies available to the public. Motion: Move to establish a second reading of Ordinance No. 1628 being an Ordinance amending Chapter 8, Article IV of City Code of 2005 relating to the adoption of the Minnesota State Fire Code for July 11, 2016 at approximately 7:00 pm in the Council Chambers. ATTACHMENTS: Ordinance 1628 116 Fire Code Council Letter (2) ORDINANCE 1628 BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE IV, CITY CODE PERTAINING TO THE ADOPTION OF THE MINNESOTA STATE FIRE CODE The City of Columbia Heights does ordain: Chapter 8, Article IV of the Columbia Heights City Code, which currently reads to wit: 8.401 GENERAL PROVISIONS. (A) Codes adopted by reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of the Fire Marshal, pursuant to M.S. Ch. 299F.011, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted herein. The Minnesota State Fire Code is hereby incorporated in this section as if fully set out herein. (B) Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. The code shall be enforced within the extraterritorial limits permitted by M.S. Ch. 299F.011, when so established by this section. The code enforcement agency of the city is the Columbia Heights Fire Department. (C) Permits and fees. The issuance of permits and the collection of fees shall be as authorized in M.S. Ch. 299F.011. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the city by resolution. (D) Violations and penalties. A violation of the code is a misdemeanor pursuant to M.S. Ch. 299F.011. (E) Fire Code optional appendices. The Minnesota State Fire Code, established pursuant to M.S. Ch. 299F.011 allows the municipality to adopt by reference and enforce certain optional appendices of the most current edition of the Minnesota State Fire Code. The following optional appendices identified in the most current edition of the State Fire Code are hereby adopted and incorporated as part of the Fire Code for this municipality: Appendices D, E, F, G, H, and I. Is hereby amended to read as follows: 8.401 GENERAL PROVISIONS. (A) Codes adopted by reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of the Fire Marshal, pursuant to M.S. Ch. 299F.011, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted herein. The Minnesota State Fire Code is hereby incorporated in this section as if fully set out herein. 117 (B) Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. The code shall be enforced within the extraterritorial limits permitted by M.S. Ch. 299F.011, when so established by this section. The code enforcement agency of the city is the Columbia Heights Fire Department. (C) Permits and fees. The issuance of permits and the collection of fees shall be as authorized in M.S. Ch. 299F.011. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the city by resolution. (D) Violations and penalties. A violation of the code is a misdemeanor pursuant to M.S. Ch. 299F.011. (E) Fire Code optional appendices. The Minnesota State Fire Code, established pursuant to M.S. Ch. 299F.011 allows the municipality to adopt by reference and enforce certain optional appendices of the most current edition of the Minnesota State Fire Code. The fade•"'^ , H, and Optional appendices of the most current edition of the Minnesota State Fire Code may be adopted by Council Resolution. 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 118 CH COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEMS ITEM NO. 9Ab MEETING DATE JUNE 13, 2016 CITY OF COLUMBIA HEIGHTS - CITY COUNCIL ITEM: First Reading of Ordinance 1631, Conveyance of Certain Real Property to the EDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith M Dahl, June 1, 2016 BY /DATE: P BACKGROUND: Over the years, the Columbia Heights Economic Development Authority (EDA) has acquired property within the City of Columbia Heights for economic development purposes. In 2009, the EDA approved the "Scattered Site Housing Program" in an effort to address foreclosure issues and remediate the emergence of blight within Columbia Height's neighborhoods. The program was setup to purchase blighted residential properties, demolish the house, and then sell the vacant lots to families seeking new construction of single - family homes. Also in 2009, the EDA approved Resolution 2009 -25, a resolution delegating the City of Columbia Heights (City) authorization to negotiate purchase agreements for certain properties. The EDA determined that in order to acquire properties in a timelier manner, assistance from the City would be beneficial since the City meets more frequent than the EDA. The properties that the City acquired would be assigned to the EDA at a later date; however a few properties were overlooked for whatever reason. In 2013, the EDA approved Resolution 2013 -07, a resolution approving plan for conveyance of certain scattered site lots owned by the EDA. The EDA intended to convey twelve properties to contractors that will construct homes, and to that end has engaged the services of Re /Max Synergy through an Exclusive Right to Sell Listing Contract. The property located at 40115 th Street Columbia Heights, MN 55421 is one of the twelve properties intended to be conveyed to a contractor, however the aforementioned property was and is owned by the City. In order for the EDA to convey this property, the City needs to approve Ordinance 1631 conveying 40115 th Street from the City to the EDA. STAFF RECOMMENDATION: Staff recommends approving the first reading of Ordinance 1631 and setting up the second reading of Ordinance 1631 for adoption on June 27, 2016. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1631, there being ample copies available to the public. Motion: Move to set the second reading of Ordinance No. 1631, being an ordinance authorizing the conveyance of certain real property located at 40115th Street, for June 27, 2016 at approximately 7:00 P.M. in the City Council Chambers. ATTACHMENTS: 1. Ordinance 1631 City of Columbia Heights - City Council Letter 119 ORDINANCE NO. 1631 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY BY THE CITY OF COLUMBIA HEIGHTS TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY LOCATED AT 4011 5th STREET. The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 40115 th Street: Lot 18, Block 52, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: June 13, 2016 Offered by: Seconded by: Roll Call: Second Reading: June 27, 2016 Offered by: Seconded by: Roll Call: Date of Passage: June 27, 2016 Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Ordinance No. 1631 120