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.
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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
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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
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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,
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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.
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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
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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
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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
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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
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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:
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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.
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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
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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.
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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.
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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;
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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,
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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
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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.
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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.
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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.
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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.
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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
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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
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EXHIBIT A
LIST OF DEVELOPMENT PLANS
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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
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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.
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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
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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