HomeMy WebLinkAbout07-11-2016 CCPMayor
COLUMBIAGary L. Peterson
I Councilmembers
HEIGHTS _ Robert A. Williams
Bruce Nowrocki
City of Columbia Heights Donna Schmitt
590 40t" Avenue NE, Columbia Heights, MN 55421 -3878 Cohn M Manager
Jr.
g (763) 706 -3600 TDD (763) 706 -3692 City Manager
Visit our website at: www.columbiaheightsmn.gov Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,
July 11, 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 Dan Thompson, Heights 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. Recognition of Nathan Smoka: 2016 Sister Cities Showcase of Young Artist winner
B. Introduction of new library staff member, Nick Olberding
7. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order
of business.)
A. Approve Minutes of the City Council pg 4
MOTION: Move to approve the minutes of the City Council meeting of June 27, 2016
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the minutes of the Planning & Zoning meeting of April 6, 2016 pg 13
City of Columbia Heights
City Council Agenda
July 11, 2016
Page 2
C. Consideration of Resolution 2016 -60 authorizing, approving, and adopting an Amended and pg 20
Restated Program for a Multifamily Housing Development pursuant to MN Statutes, Chapter 462
MOTION: Move to waive the reading of Resolution 2016 -60, there being ample copies available to the
public.
MOTION: Move to adopt City of Columbia Heights, Minnesota, Resolution 2016 -60, being a resolution
authorizing, approving, and adopting an amended and restated program for a multifamily housing
development pursuant to Minnesota Statutes, Chapter 462.
D. Recreation Seasonal Wage Adjustment pg 28
MOTION: Move to waive the reading of Resolution 2016 -61, there being ample copies available to the
public
MOTION: Move to adopt Resolution No. 2016 -61, being a resolution setting seasonal wages for
recreation seasonal staff effective August 1, 2016
E. Estoppel Amendment to Purchase Agreements for Solar Power at Municipal Service Center, pg 31
Public Safety and Library
MOTION: Move to approve the Estoppel Amendment to the Solar Power Purchase Agreement dated
November 17, 2015 with New Energy Equity for the Municipal Service Center, Public Safety and Library
F. Ratification of the Development Contract for Plat of Huset Park Senior Living pg 37
MOTION: Move to waive the reading of Resolution No. 2016 -62, there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2016 -62, a resolution ratifying approval of a revised Development
Contract for Plat of Huset Park Senior Living, Anoka County MN, between the City of Columbia Heights
and Columbia Heights Leased Housing Associates I, LLLP.
G. First Amendment to Second Amended and Restated Contract for Private Redevelopment pg 65
MOTION: Move to waive the reading of Resolution No. 2016 -63, there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2016 -63, approving a First Amendment to the Second Amended and
Restated Contract for Private Redevelopment between the City of Columbia Heights, the Columbia
Heights Economic Development Authority, and Columbia Heights Leased Housing Associates I, LLLP
H. Approve Business License Applications pg 73
MOTION: Move to approve the items as listed on the business license agenda for July 11, 2016.
I. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 75
received the list of claims paid covering check number 161857 through 162032 in the amount of
$1,587,848.45.
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS
2
City of Columbia Heights
City Council Agenda
July 11, 2016
Page 3
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
a. Approve Settlement Agreement and Release, and authorize payment regarding a PERA pg 83
Disability Claim
MOTION: Move to approve the Settlement Agreement and Release; and authorize payment in the
amount of $37,500 for all past and future health insurance coverage and benefits in accordance with
Minn. Stat. §299A.465 for a former Columbia Heights employee.
b. Adopt Ordinance No. 1628 being an Ordinance amending Chapter 8, Article IV of City Code. pg 84
MOTION: Move to waive the reading of Ordinance No. 1628, there being ample copies available to the
public.
MOTION: Move to adopt 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.
c. Second Reading of Ordinance No. 1629 Amending Chapter 10, Sections 95, 96, 98 & 99 pg 87
of the City's Charter pertaining to Franchises
MOTION: Move to waive the reading of the Ordinance No. 1629, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance No.1629, being an ordinance amending Chapter 10, Sections 95, 96,
98 & 99 of the City's Charter pertaining to Franchises
d. Second Reading of Ordinance No. 1630 Amending Chapter 4, Section 28a pertaining to Pg 89
Candidate Filing Fees
MOTION: Move to waive the reading of the Ordinance No. 1630, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance No.1630, being an ordinance amending Chapter 4, Section 28a
pertaining to Candidate Filing Fees.
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 anage
3
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JUNE 27, 2016
The following are the minutes for the regular meeting of the City Council 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
1. CALL TO ORDER
Mayor Peterson called the meeting to order at 7:03 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, Kelli Bourgeois; Human Resource
Director /Assistant to the City Manager; John Larkin; Assistant Fire Chief, Joe Kloiber; Finance Director, Elizabeth
Holmbeck; City Planner and Katie Bruno; City Clerk /Council Secretary
3. INVOCATION
Invocation provided by Bob Lyndes, Crest View Senior Communities
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.)
Mayor Peterson announced item 8A is being removed; the property was brought into compliance.
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Presentation of All America City Award
City Manager Walt Fehst reported that 38 -39 delegates attended the event in Denver, CO June 16 -20, 2016.
Fehst reported all twenty cities nominated made informative presentations. The City's financial obligation for
the trip is approximately $7,900 for the roundtrip bus service, and $2,300 in registration fees for the
delegation. Copies of the application were distributed to the council for review.
The following representatives from the delegation were present and spoke highly of the experience; Gary
Peterson, Walt Fehst, Kelli Bourgeois, Scott Nadeau, John Larkin, Liz Bray, Dave Larson; Columbia Heights
Resident, Degha Shabbeleh; Columbia Heights Resident, Dawn Hoium; Columbia Heights School District, John
Kulick; High School Principal,
Kristen Stuenkel; Columbia Heights School District, Kim Berling; Columbia Heights School District, Victoria
Campoverde; Columbia Heights Royalty, Justin Larkin; Columbia Heights High School Student. The general
consensus was that it was a very positive experience for everyone involved, and they intend to continue their
efforts.
Sal Di Leo congratulated the City. Frost Simula asked the council if they have any planned initiatives resulting
from the conference. City Manager Walt Fehst noted the group will get together and review the summaries
from the conference. Police Chief Scott Nadeau stated he participated in a variety of discussions including
racism discussions, implicit bias, and school attendance. Other ideas included mobile health centers.
Connie Buesgens congratulated the City Council and suggested the City create a program to build stronger
communities, and suggested sharing the findings from the conference with the public. Mayor Peterson invited
the community to find a group to volunteer with, noting it is very rewarding.
Councilmember Schmitt encouraged discussions to continue in the community, noting National Night Out
would be a good opportunity for residents to have conversations with City Leaders.
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 June 13, 2016
B. Resolution designating Election Judges for the 2016 Primary and General Elections
Councilmember Nawrocki questioned how the number of judges compares with the 2014 Election. City
Clerk, Katie Bruno explained the number of judges is close to the number in the previous election cycle,
noting some judges are working shorter shifts on Election Day.
MOTION: Move to waive the reading of Resolution No. 2016 -59, there being ample copies available to the
public.
MOTION: Move to adopt Resolution No. 2016 -59, being a resolution designating election judges and
salaries for the 2016 Primary and General Elections.
C. Approval of Rental Housing Applications
MOTION: Move to approve the items listed for rental housing license applications for June 27, 2016, in that
they have met the requirements of the Property Maintenance Code.
D. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for June 27, 2016
E. 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 161645 through 161856 in the amount of $ 841,968.93.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the consent agenda.
All Ayes, Motion Carried.
8. PUBLIC HEARINGS
A. Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against
rental properties at 4515 Fillmore Street NE (Resolution No. 2016 -55) for failure to meet the requirements of
the Property Maintenance Codes. (Removed, property owner has made required corrections.)
B. Adopt Resolution for Emergency Abatement for property at 4237 Quincy St NE.
John Larkin, Assistant Fire Chief explained the property was uninhabitable, as the entrance could not be
secured.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to close the public hearing and to
waive the reading of Resolution Number 2016 -49, being ample copies available to the public. All Ayes, Motion
Carried.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to Adopt Resolution Number 2016-
49, being declarations of nuisance and emergency abatement of violations within the City Council of the City of
Columbia Heights regarding property 4237 Quincy Street N.E. All Ayes, Motion Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
a. Second Reading of Ordinance 1631, Conveyance of Certain Real Property to the EDA
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance
No. 1631, there being ample copies available to the public. All Ayes, Motion Carried
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Ordinance No. 1631,
being an ordinance authorizing the conveyance of certain real property located at 4011 5th Street. All Ayes,
Motion Carried.
b. First Reading of Ordinance No. 1629 amending Chapter 10, Sections 95, 96, 98 & 99 of the City's Charter
Pertaining to Franchises; and Ordinance No. 1630 amending Chapter 4, Section 28a pertaining to Candidate
Filing Fees
City Attorney James Hoeft explained the Charter Commission has been reviewing the Charter, looking for
language that may be outdated, or no longer applicable. The franchise Attorney, Mike Bradley met with the
Charter Commission and discussed the proposed amendments.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of the
Ordinance No. 1629, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to schedule the second reading of
Ordinance No.1629, being an ordinance amending Chapter 10, Sections 95, 96, 98 & 99 of the City's Charter
pertaining to Franchises for July 11, at approximately 7:00 p.m. in the City Hall Council Chambers. All Ayes,
Motion Carried.
City Attorney James Hoeft reported that filing fees have not been changed since early in the 1980's. The
Charter Commission has discussed options, and agreed that an inflationary index adjustment would be
appropriate.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to waive the reading of the
Ordinance No. 1630, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. schedule the second reading of
Ordinance No.1630, being an ordinance amending Chapter 4, Section 28a pertaining to Candidate Filing Fees for
July 11, at approximately 7:00 p.m. in the City Hall Council Chambers. All Ayes, Motion Carried.
B. Bid Considerations
C. New Business and Reports
Presentation By David Mol Of Redpath and Company, the City's Independent Auditors, on the highlights of
the City's 2015 Comprehensive Annual Financial Report (CAFR). Presentation only, no action requested.
Finance Director Joe Kloiber reported the full CAFR is available on the City's website.
David Mol, Redpath and Company gave an overview of the 2015 Audit Review. The following five reports were
shared with the Council;
1. Opinion on the Fair Presentation of the Financial Statements. A "Clean Opinion" was given for 2015.
2. Report on Internal Controls. No items were noted for 2015.
3. Report on Minnesota Legal Compliance. No items of noncompliance noted.
4. Report on Financial Data Schedule. No items of noncompliance noted.
5. Communication to Those charged with Governance. The following change was made to the City's
accounting policy; the City's proportionate share of PERA's net pension liability is now reported in the financial
statements.
Director Kloiber reported he will be talking more about the change in future budget discussions with the
council. Mayor Peterson asked why the change was made. Kloiber explained the change was instituted by the
Government Accounting Standards Boards, a National Body. Mol reported the ending fund balance was
$29,646.00 (December 31, 2015).
A slight decrease in Liquor Operations occurred from 2014 -2015. Councilmember Nawrocki questioned if the
net profit accounts for debt service. Mr. Mol reported income from operations was $511,000, of that;
$384,000 was needed for debt service.
Councilmember Schmitt questioned if bonding rates are expected to decrease. Kloiber stated that is unknown
at this time. Kloiber noted the debt on the liquor operation is available for refinance in February, 2017.
Kloiber indicated other options include using fund balance transfers for the Public Safety Bonds in 2018.
Councilmember Nawrocki noted he would prefer to get the CAFR Report prior to the presentation.
Councilmember Schmitt questioned if Park View Villa will be included in the city's budget. Kloiber stated it
will not be in the budget, although there may be some remaining transactions in the future.
10. ADMINISTRATIVE REPORTS
City Manager Walt Fehst encouraged the sharing of ideas for community involvement at the upcoming National
Night Out events.
Councilmember Nawrocki requested the draft version of the newsletter be given to council for review when
available.
Councilmember Nawrocki discussed options for the James LaBelle memorial, suggesting a joint project
between the City and the School District. Mayor Peterson reported the School District is doing a project at the
school, and the City's project is at LaBelle Park.
Councilmember Nawrocki asked for a report on the Jamboree carnival. City Manager Fehst indicated the Police
Chief informed him that there were several incidences on Friday night, including fighting. Saturday night was
less eventful. The City will continue to work who the Lions towards a solution. Overtime costs were estimated
to be $9,000 for the parade and carnival.
City Manager Walt Fehst reported that 1800 people attended the Library Grand Opening on June 24tH
Gratitude was expressed to Public Works Director Kevin Hansen, Library Staff, and the Library Design Task
Force. Councilmember Nawrocki suggested a wheelchair be available for use, as the distance from one end of
the building of the other is long.
Councilmember Nawrocki stated a resident was upset because a proposed public works project on Jefferson St.
was not completed when anticipated. Nawrocki suggested we do a better job informing the public of projects,
and adhering to the schedule.
11. CITIZENS FORUM
Malcom Watson -1717 49th Ave NE Congratulated the City on the new Library, and thanking Director Kevin
Hansen for his constant attention to the construction project.
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 9:10 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
2016 -49
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 Ben Jacobson (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4237 Quincy 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 June 14, 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 June 14, 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 4237 Quincy Street N.E.
CONCLUSIONS OF COUNCIL
1. That the property located at 4237 Quincy 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 4237 Quincy Street N.E. is hereby
approved.
ORDER OF COUNCIL
1. The property located at 4237 Quincy Street N.E. constitutes a nuisance pursuant to City Code.
2016 -59
BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2016 PRIMARY AND
GENERAL ELECTION
WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and
WHEREAS: Pursuant to City Charter, Section 30, and M.S.S. 204A, the Council shall appoint the following qualified
voters to be judges for the 2016 Primary and General Election.
Columbia Heights P -1
Robert Petty, Head Judge
Lee Bak, Assistant Head Judge
Samira Adam, Election Judge
Darlene Bielejeski, Election Judge
Gene Forseide, Election Judge
Kathy Fossum, Election Judge
Veronica Johnson, Election Judge
Charles Kewatt, Election Judge
Joyce Shellito, Election Judge
Dolores Strand, Election Judge
Columbia Heights P -2
JoAnn Kewatt, Head Judge
Marilyn Vaughan, Assistant Head Judge
Ann Carder, Election Judge
Dianne Cummings, Election Judge
Mark Emme, Election Judge
Bev Holub, Election Judge
Melanie Mammen, Election Judge
Robert Peltier, Election Judge
Patricia Powell, Election Judge
Joe Schluender, Election Judge
Clifford Shedlov, Election Judge
Dennis Stroik, Election Judge
Columbia Heights P -3
Dan Steiskal, Head Judge
Marna Gomez, Assistant Head Judge
Dwaine Anderson, Election Judge
Dolores Fowler, Election Judge
John Logacz, Election Judge
Sherri Macko, Election Judge
Barbara Miller, Election Judge
David Sims, Election Judge
Catherine Vesley, Election Judge
Columbia Heights P -4
Gretchen Gallagher - Weinstein, Head Judge
Joel Andrychowicz, Assistant Head Judge
Stephanie Avalos, Election Judge
Shirley Browning, Election Judge
Soundra Burgoyne, Election Judge
Naly Chang, Election Judge
Namgyal Dorjee, Election Judge
Shirley Hartley, Election Judge
Kathleen Johnson, Election Judge
Marsha Stroik, Election Judge
Columbia Heights P -5
Clara Schmidt, Head Judge
Latresia Thompson, Assistant Head Judge
9
Marjorie Dow, Election Judge
Debra Grisco, Election Judge
Joan Kinde, Election Judge
Kent Lee, Election Judge
Lorrie Nalezny, Election Judge
Rheta Nelson, Election Judge
Marjorie Scott, Election Judge
Sharon Shedlov, Election Judge
Columbia Heights P -6
Michelle Ferreira, Head Judge
Michael McGee, Assistant Head Judge
Kevin Doty, Election Judge
Tom Greenhalgh, Election Judge
John Hanson IV, Election Judge
Diana McDonald, Election Judge
Mary Meier, Election Judge
Deborah Osgood, Election Judge
Bruce Shellito, Election Judge
Doris Sunheim, Election Judge
Sophia Walker, Election Judge
Columbia Heights P -7
Kathryn Morales, Head Judge
Linda Cichomski, Assistant Head Judge
Janet Belstler, Election Judge
Fatuma Elmi, Election Judge
Carol Felland, Election Judge
Barbara Nundahl, Election Judge
Grace Osterbauer, Election Judge
Renee Sawyer, Election Judge
Michele Schluender, Election Judge
John Vachuska, Election Judge
Columbia Heights P -8
Teresa Carson, Head Judge
Susan Betzold, Assistant Head Judge
Laurel Best, Election Judge
Mary Dowdle, Election Judge
Steve Emme, Election Judge
Carol Geier, Election Judge
Mary Ann O'Brien, Election Judge
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the afore
mentioned as election judges, by precinct, for the Primary Election on August 9, 2016 and the General Election on
November 8, 2016 with an hourly compensation of $11.00 for Head Judge, $10.75 for Assistant Head Judge, $10.50 for
an Election Judge and $6.75 for student judges. The City Clerk may designate additional and /or emergency judges, as
necessary.
W
Ordinance 1629
SECTION 1:
Chapter 10, Sections 95, 96, 98 and 99 of the Charter of the City of Columbia Heights is amended as follows:
Section 95. PUBLICATION OF FRANCHISES. Every ordinance granting or extending
any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity
whatever until it has been accepted by the grantee, and until it has been given adequate publicity, either by
publication of the fray--hi-re verbatim a summary franchise ordinance in the official paper of the City at least ence
a-week for few two successive weeks publications after its passages, ,&r and by ike posting of a thentie eepies of
....... se upen bulletin beaFds in at least teR ef the most publie plaees in the city the summary ordinance in
City Hall and the City Library for a period of thirty days after its passage.
Section 96. TERM OF FRANCHISES LIMITED. No perpetual franchise shall ever be granted, nor shall any
franchise be granted for a longerterm than twenty five fifteen years.
Section 98.
frapp-hise-S 6A the Gity ef Celumbia Heights, shall give eeurteeus, e4ieieRt and adequate seFviee at Feasepable
Fates.
Section 99.
exeFGiSiAg the ndeF the ef.,r.,.,dum to + such f h'
SECTION 2:
This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
Ordinance 1630
BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 28a
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO CANDIDATE FILING FEES
The City of Columbia Heights does ordain:
urTinlU 1
Chapter 4, Section 28a of the Charter of the City of Columbia Heights is amended as follows:
Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the date established by
Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing
officers, at the same place or places as general elections are held and like officers shall preside at such elections.
The purpose of such primary election shall be to select candidates to be voted for at the general municipal election.
The candidates for nomination to each office who shall receive the greatest number of votes in such primary
election shall be placed upon the ballot of the next general election in numbers not to exceed double the number
of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the
candidates selected at said primary election. When not more than twice the number of individuals to be elected to
a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those
having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person
desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at
least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of
such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall pay to the City Clerk the sum of dive
Is
Fifteen Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk
shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section
the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least
fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the
officers to be nominated, by posting a notice thereof in at least three of the most public places in each election
district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City
Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed
April 10, 1995) (Ordinance No. 1596, passed on May 9, 2011)
Ordinance 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.
12
MINUTES OF
PLANNING AND ZONING COMMISSION
APRIL 6, 2016
7:00 PM
The meeting was called to order at 7:08 pm by Chair Szurek.
Commission Members present- Buesgens, Hoium, and Szurek
Members Absent: Fiorendino and Schill
Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison,
John Murzyn.
Holmbeck told commission members that Adam Schill has been appointed to serve on the Commission, but was
unable to attend this meeting due to illness.
Motion by Buesgens, seconded by Hoium, to approve the minutes from the meeting of March 2, 2016 All ayes.
MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2016 -0401
APPLICANT: Craig Eilers, White Castle Restaurant
LOCATION: 5055 Central Avenue
REQUEST: Site Plan Approval
Craig Eilers, White Castle Restaurants, has applied for Site Plan Approval. The applicant is proposing to tear
down the existing White Castle Restaurant and reconstruct the restaurant on the property located at 5055
Central Avenue NE., Columbia Heights, MN 55421. The proposed plan will result in an updated and modern
White Castle Restaurant on the commercial site.
The existing building is 2,475 square feet. The new building will be 2,865 square feet, and 390 square feet
larger than the existing building. The proposed site plan will include a number of site improvements including
the new building, trash enclosure, parking lot, landscaping and lighting and menu board signage. A narrative
provided by the applicant, and was included in the agenda packets.
ZONING ORDINANCE
The property located at 5055 Central Avenue NE., is located in the General Business Commercial Zoning
District. The properties to the north, south, east and west are also located in the General Business Commercial
Zoning District.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this property for commercial use. Reconstructing the commercial restaurant on
the site is consistent with the goals and intent of the comprehensive Plan.
13
P & Z Minutes
Page 2
April 6, 2016
DESIGN GUIDELINES
Holmbeck explained the subject property is located within the Design Guideline Overlay District, and is
governed by the "Highway District" standards within the Design Guidelines. The intent of the Design
Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new
construction along Central Avenue and 40th Avenue. The minimum standards were created by a task force of
City Officials, business owners and residents, and adopted into the City Code by the City Council.
In general, the proposed buildings meet the design guidelines. Signage will be addressed when the applicant or
tenant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. The
following components are requirements of the Design Guidelines Highway District and how the applicant has
attempted to meet the guidelines:
• Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of
parking and drive aisles plus landscaped frontage.
The proposed building will be located approximately 54 feet from the sidewalk along Central Avenue.
• The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller
increments through the techniques such as using of different textures or contrasting, but compatible,
materials; dividing storefronts with separate display windows and entrances or incorporating arcades,
awnings, window bays, balconies or similar ornamental features.
The proposed building is less than 40 feet in width. The proposed building will be 38.23 feet wide.
• Building height shall be a minimum of 22 feet.
The proposed building will be 27.4 feet tall at the tower and 18.8 feet tall to the parapet.
• Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor
facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window
and door openings.
The proposed plan meets this guideline on the front and sides of the building, however there are no windows on
the rear side of the building.
• The building should have a well - defined front facade with primary entrances facing the street.
The proposed building will have a well - defined front facade, with the primary entrance facing Central Avenue.
• Building colors should accent, blend with, or complement surroundings.
The colors that are proposed are neutral, coincide with the company's recognizable restaurant brand, and should
complement the surrounding area.
• No more than two principal colors may be used on a facade or individual storefront. Bright or primary
colors should be used only as accents, occupying a maximum of 15 percent of building facades, except
when used in a mural or other public art.
The proposed building will consist of two primary colors: blue and yellow.
• All buildings should be constructed of high - quality materials, including the following: Brick, Natural
Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or
treated with a textured material in order to give the wall surface a three dimensional character. Jumbo
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April 6, 2016
• brick may be used on up to 30 percent of any facade, provided that it is used only on the lower third of
the building wall.
The proposal meets this guideline. The building will be constructed with brick and stone.
• Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of
contrasting color are encouraged in new construction.
The proposal generally meets the intent of this guideline.
• Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape
material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while
providing adequate visibility for pedestrians.
The proposed landscape plan includes a variety of trees and shrubs to be planted around the perimeter of the
site, which should provide adequate screening.
SITE PLAN
1. Parking
The proposed plan identifies 31 parking stalls for the restaurant. Staff believes this number is adequate, as it
exceeds the minimum zoning requirement. For convenience food service establishments, the Zoning Code
requires 6 parking spaces plus one per 40 square feet of dining/service area, plus 6 stacking spaces for each
drive thru lane. By this standard, the plan exceeds the required 29 required spaces with an additional 2 spaces
(900 sq. ft. of service area /40 =22.5 or 23 spaces + 6 stacking spaces =29).
2. Access
The site will be served by two access points off Central Avenue onto 51St Court. The property itself will be
served by three entrances off 51 St Court. The property currently has 4 access points one to the north, one to the
south, and two on the east side of the property. The applicant is proposing to close the north east access point to
allow for additional parking.
3. Landscape
The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to
plant trees and shrubs which will complement the layout of the development.
The applicant is proposing to construct an ADA compliant sidewalk from the front of the building to the
sidewalk along Central Avenue, providing pedestrian connectivity to the surrounding area.
FINDINGS OF FACT
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City
to approve a Site Plan. They are as follows:
a. The Site Plan conforms to all applicable requirements of this article.
The applicable Zoning Code requirements are achieved.
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April 6, 2016
b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan.
The Comprehensive Plan guides this area for commercial development. The proposed Site Plan for
the property is consistent with the intent of the Comprehensive Plan.
c. The Site Plan is consistent with any applicable area plan.
There is no area plan for this parcel.
d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -
of -way.
The proposed Site Plan for meets all the minimum setback requirements and general development
standards outlined in the Zoning Code. Therefore, the properties in the immediate vicinity of the
proposed development should not be adversely impacted.
Holmbeck reviewed the conditions listed in the motion for approval.
Questions from members:
Szurek said she would like to see a sample or rendering of the colors that will be used for the new building.
Holmbeck stated that the building is primarily white with stripes that go around the building. She said the
building is a new design with an exterior that will be stone and brick and she showed the members a drawing.
Buesgens stated that the building and menu board are being demolished and replaced. She wondered if they
were also replacing the current pylon sign. Holmbeck said the owners planned on re- facing the existing sign.
Buesgens asked if the Commission could make it a requirement to replace the sign with a monument sign.
Szurek agreed that it should be a monument sign as the building is being replaced and she thought that was
required according to the Design Guidelines. Holmbeck said it could be added as a condition of approval if the
commission members decide to enforce that recommendation.
Hoium questioned the access points and position of the building. Holmbeck reviewed the placement of the
building on the site and where the drive -up area is located as well as the access points from the surrounding
streets. She noted that one access that is currently used in the northeast corner of the property will be
eliminated.
Mr. Eilers from White Castle told members that the existing building was constructed in 1978 and the drive -
through was added in 1986. He said the building needs updating and renovations so they have decided to re-
build it using the new proto -type design. He said the exterior will be stone and brick and be more aesthetically
appealing than the old enameled metal siding that is on the existing building. He showed members samples of
the materials that will be used.
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April 6, 2016
Szurek stated that she was concerned that vehicles must drive through the entire site in order to pick up an
order. Eilers stated that the menu board will be on the back side of the building. 90% of their buildings are
designed this way and it has worked well for them.
Szurek asked him when they plan to start. He responded that they hope to demolish the building in July and
start construction in August. He said the whole process should take about 4 months so they should be open
again before year end.
There was another short discussion regarding the monument sign and it was decided to add it to the list of
conditions of approval.
Public Hearing Opened.
No one was present to speak on this.
Public Hearing Closed.
Motion by Buesgens, seconded byHoium, to waive the reading of Resolution No. 2016 -PZ02, there being ample
copies available to the public. All ayes. MOTION PASSED.
Motion by Buesgens, seconded byHoium , to adopt Resolution No. 2016 —PZ02, being a resolution approving a
Site Plan, for the proposed White Castle Restaurant, subject to the following conditions:
1. The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening
wall or fence no less than six feet in height. The open side of the enclosure shall not, face any public
street or the front yard of any adjacent property.
3. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent
properties and from public streets.
4. The applicant shall meet the requirements outlined in the attached report from the Public Works
Director /City Engineer, dated March 29, 2016
5. All City Storm Water Management requirements shall be achieved for this property.
6. Site and elevation plans included in this submittal, dated February 16, 2016 shall become part of this
approval.
7. All other applicable local, state, and federal requirements shall be met at all times.
8. That the applicant must replace the pylon sign with a monument sign according to the Design
Guidelines. Maximum size of the sign will be determined by staff
All ayes. MOTION PASSED.
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April 6, 2016
RESOLUTION NO.2016 -PZ02
A Resolution of the Planning and Zoning Commission for the City of Columbia Heights, Minnesota,
Whereas, a proposal (Case # 2016 -0401) has been submitted by Craig Eilers on behalf of White Castle Restaurant, to the
Planning and Zoning Commission requesting Site Plan Approval from the City of Columbia Heights at the following site:
Address: 5055 Central Avenue NE., Columbia Heights, MN 55421
Legal Description: On file at City Hall.
The applicant seeks the following_ Site Plan Approval for a proposed commercial building to be located at 5055
Central Avenue NE.
Whereas, the Planning and Zoning Commission has held a public hearing as required by the City's Zoning Code, on April
6"', 2016.
Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City Staff regarding
the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as
well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public
safety in the surrounding areas; and
Now, therefore, in accordance with the foregoing, and all Ordinances and regulations of the City of Columbia Heights, the
Planning and Zoning Commission of the City of Columbia Heights snakes the following:
FINDINGS OF FACT
1. The site plan conforms to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way.
Further, be it resolved, that the attached conditions, snaps, and other information shall become part of this approval; and in
granting this approval the City and the Applicant agree that this Site Plan shall become null and void if the project has not
been completed within one (1) calendar year after the approval date, subject to petition for renewal of the pen-nit.
Conditions Attached:
1. The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or
fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front
yard of any adjacent property.
3. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties
and from public streets.
4. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City
Engineer, dated March 29, 2016.
5. All City Storin Water Management requirements shall be achieved for this property.
6. Site and elevation plans included in this submittal, dated February 16, 2016 shall become part of this approval.
7. All other applicable local, state, and federal requirements shall be met at all times.
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Page 7
April 6, 2016
Passed this 6t"
day of April, 2016
Offered by:
Buesgens
Seconded by:
Hoiuin
Roll Call:
All ayes
Marlaine Szurek, Chair
Attest:
Shelley Hanson, Secretary
OTHER BUSINESS
1. Temporary Event Permits and Interim Use Permits
Holmbeck explained that staff has created a Temporary Events Permit application for special events that
are held for less than 30 days such as church festivals, Ramadan tents, etc. These permits will be issued
by staff and will be used for tracking the events and also to gather information from the applicant to
ensure public safety. These Temporary Events Permits will not replace Interim Use Permits that will
still come before the Planning & Zoning Commission for approval. Interim Use Permits are required for
garden centers, Christmas tree sales, and fireworks sales.
2. Ordinance No. 1626, Text Amendment (update)- Amending City Code of 2005 relating to Automotive
Uses.
Holmbeck stated that this Ordinance was brought before the City Council in March. The Council tabled
adoption of the Ordinance since it didn't specifically address Auto parts stores. When it was discussed
at the last work session the City Council also wanted language in the Ordinance to include motorcycle
shops. Staff will bring this back to the Council at the April 25a' meeting.
The meeting was adjourned at 7:30 pm.
Respectfully submitted,
Shelley Hanson
Secretary
19
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7C
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION 2016 -60 AUTHORIZING, APPROVING, AND
ADOPTING AN AMENDED AND RESTATED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462
DEPARTMENT: Finance
CITY MANAGER' APPROVAL: ,
BY /DATE: Joseph Kloiber /July 5, 2016
BY /DATE:
BACKGROUND: In October 2015 and March 2016 respectively, the city council adopted resolutions 2015 -86
and 2016 -24, which authorized issuance of conduit debt on behalf of the developer, Dominium, for
construction of 191 units of senior housing within the Huset Park redevelopment area. Those resolutions also
approved a housing program, which is required under state law for the developer to receive this particular
type of financing. When that housing program was subsequently submitted to the State of Minnesota for
approval, the State chose to not provide tax exemption in 2016 for the entire project. This was due to a
large number of similar projects submitted to the State for 2016.
That original housing program required 100% of the Lily Gables units to be occupied by at least one resident
age 55 or older. The attached resolution 2016 -60 modifies the program to allow up to 20% of the units to
only require one resident age 50 or older. The developerjudges that this change will allow the State to
provide tax exemption in 2016 for the entire project.
In addition to this resolution to modify the housing program provided to the State, separate resolutions will be
presented to the city council and the EDA for the related changes to the agreement with the Developer.
As previously noted, debt of this type is not an obligation of the City or its taxpayers. Only project revenues
(rental income) and other resources of the developer are pledged for repayment. As also previously noted, the
redevelopment agreement requires the developer to pay the issuance costs of this financing, plus an
administrative fee to the City of 1% of the value of the bonds at issuance. This fee of up to $350,000 was
negotiated based on the estimated rate available to the developer through Anoka County, and in light of the
various other developer requirements negotiated on behalf of the City for all other aspects of this project.
STAFF RECOMMENDATION: Staff recommends approval of the following motions.
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of Resolution 2016 -60, there being ample copies available to the public.
MOTION: Move to adopt City of Columbia Heights, Minnesota, Resolution 2016 -60, being a resolution
authorizing, approving, and adopting an amended and restated program for a multifamily housing
development pursuant to Minnesota Statutes, Chapter 462.
ATTACHMENTS: Resolution 2016 -60
Amended and Restated Housing Program for a Multifamily Housing Development
CouncilLetter Res2016 60 AmendLilyGoblesHousingProgrom .docx 20
CITY OF COLUMBIA HEIGHTS, MINNESOTA
RESOLUTION 2016 -60
AUTHORIZING, APPROVING, AND ADOPTING AN AMENDED AND
RESTATED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C
WHEREAS, the City of Columbia Heights, Minnesota (the "City ") is a home rule charter city
duly organized and existing under the Constitution and laws of the State of Minnesota; and
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is
authorized to carry out the public purposes described in the Act by issuing revenue bonds or other
obligations to finance or refinance multifamily housing developments located within the City, and as a
condition to the issuance of such revenue bonds, adopt a housing program providing the information
required by Section 462C.03, subdivision 1 a, of the Act; and
WHEREAS, pursuant to Section 462.04, subdivision 2, a public hearing must be held on a
proposed housing program and the city must submit the housing program to the Metropolitan Council on
or before the day on which notice of the public hearing is published for review and comment on:
(i) whether the housing prograin furthers local and regional housing policies and is consistent with the
Metropolitan Development Guide, and (ii) the compatibility of the housing program with the housing
portion of the comprehensive plan of the city, if any; and
WHEREAS, Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability
limited partnership (the "Borrower "), has requested that the City issue its multifamily housing revenue
obligations under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the
construction and equipping of a iultifamily housing facility comprised of 191 affordable independent -
living rental apartments to be located in a four -story building, together with related common amenity
spaces over one floor of underground parking, including a party room, theatre, fitness center, cards /crafts
room, salon, library and a landscaped patio, to be located at 3700 5"' Street NE in the City to be known as
Lily Gables (the "Project "); (ii) the funding of one or more reserve funds to secure the timely payment of
the multifamily housing revenue obligations; (iii) the payment of a portion of the capitalized interest on
the multifamily housing revenue obligations; and (iv) the payment of the costs of issuing the multifamily
housing revenue obligations; and
WHEREAS, following a duly noticed public hearing held on October 26, 2016 in accordance
with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code ")
and the Act, the City Council adopted Resolution 2015 -86 (the "Preliminary Resolution ") under the terms
of which the City: (i) granted preliminary approval to the issuance of multifamily housing revenue
obligations in the approximate principal amount of $32,000,000 under the terms of the Act to finance the
Project; (ii) authorized the submission of an application to the Minnesota Department of Management and
Budget ( "MMB ") for an allocation of bonding authority under Minnesota Statutes, Chapter 474A, as
amended (the "Allocation Act ") as required by Section 146 of the Code; and (iii) acknowledged the
preparation of a housing program (the "Original Housing Program" or "Program ") to authorize the
issuance by the City of multifamily housing revenue obligations in the aggregate principal amount of
approximately $32,000,000 to finance the acquisition, construction, and equipping of the Project in
accordance with the requirements of the Act and the submission of the Housing Program to the
Metropolitan Council for its review and comment; and
21
WHEREAS, the Original Housing Program provided that all housing units within the Project
shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy and
that the City would by resolution authorize, issue and sell its revenue bonds in one or more series in an
aggregate principal amount of approximately $32,000,000 to finance the Program; and
WHEREAS, the Original Housing Program was submitted to the Metropolitan Council for its
review and comment in accordance with the requirements of Section 462C.04, subdivision 2 of the Act,
and by a letter dated December 21, 2015, the Metropolitan Council informed the City that it had
completed its review of the Program and provided its comments;
WHEREAS, following a duly noticed public hearing held on March 14, 2016 in accordance with
the requirements of Section 147(f) of the Code and the Act, the City Council adopted Resolution No.
2016 -24 (the "Bond Resolution "), under the terns of which the City: (i) adopted, ratified and approved
the Original Housing Program; (ii) ratified the authorization granted pursuant to the Preliminary
Resolution with respect to the submission of an application for allocation of bonding authority pursuant to
Section 146 of the Code and the Allocation Act; (iii) authorized the issuance, sale, and delivery of its
multifamily housing revenue obligations in an increased maximum aggregate principal amount not to
exceed $35,000,000 (the "Series 2016 Obligations ") upon receipt of an allocation of bonding authority
from MMB; (iv) approved the forms of financing documents on file with the City and prepared in
connection with the Series 2016 Obligations (the "Financing Documents "), and authorized and directed
the delivery of the same; (v) obligated the Borrower to pay the administrative fee of the City in
accordance with the terns of the Financing Documents; and (vi) granted to the Mayor of the City and the
City Manager and such other officials of the City who execute and deliver the Series 2016 Obligations
and related documents, Kennedy & Graven, Chartered ( "Bond Counsel "), other attorneys, engineers, and
other agents or employees of the City the authority to do all acts and things required of them by or in
connection with the Bond Resolution, the Financing Documents, and the Series 2016 Obligations; and
WHEREAS, the Borrower desires to modify the occupancy restrictions of the Project and thereby
amend the Original Housing Program to provide that not more than eighty percent (80 %) of the housing
units within the Project shall be occupied by at least one person who is at least 55 years of age at the time
of initial occupancy and not more than twenty percent (20 %) of the housing units within the Project shall
be occupied by at least one person who is at least 50 years of age at the time of initial occupancy; and
WHEREAS, the Borrower has requested that the City also amend the Original Housing Program
to provide for the issuance of the Series 2016 Obligations in the maximum aggregate principal amount not
to exceed $35,000,000, in accordance with the Bond Resolution; and
WHEREAS, Bond Counsel, on behalf of the City, has prepared a draft Amended and Restated
Program for a Multifamily Housing Development (the "Amended Housing Program "), in the form now
on file with the City, that amends the Original Housing Program by: (i) providing that not more than
eighty percent (80 %) of the housing units within the Project shall be occupied by at least one person who
is at least 55 years of age at the time of initial occupancy and not more than twenty percent (20 %) of the
housing units within the Project shall be occupied by at least one person who is at least 50 years of age at
the time of initial occupancy and; (ii) authorizing the issuance by the City of up to $35,000,000 in revenue
bonds to finance the acquisition, construction, and equipping of the Project by the Borrower; and
WHEREAS, the proposed amendments to the Original Housing Program, as set forth in the
Amended Housing Program, do not constitute material changes from the Original Housing Program
submitted to the Metropolitan Council other than changes in the financial aspects of the proposed Series
2016 Obligations, and are not inconsistent with the comments of the Metropolitan Council to the Original
2
22
Housing Program under Section 462C.04, subdivision 2 under the Act; therefore the City is not required
to resubmit the Amended Housing Program to the Metropolitan Council for review and comment and a
public hearing is not required to be held on the Amended Housing Program before the City may adopt the
Amended Housing Prograin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS:
1. The Amended Housing Program, in the form now on file with the City, is hereby
authorized, approved and adopted in all respects. The preparation of the Amended Housing Program is
hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things
and take all other actions as may be necessary or appropriate to carry out the Amended Housing Program
in accordance with the Act and any other applicable laws and regulations. Pursuant to the Amended
Housing Program, not more than eighty percent (80 %) of the housing units within the Project shall be
occupied by at least one person who is at least 55 years of age at the time of initial occupancy and not
more than twenty percent (20 %) of the housing units within the Project shall be occupied by at least one
person who is at least 50 years of age at the time of initial occupancy.
2. This resolution shall be in full force and effect from and after its approval.
Adopted: July 11, 2016.
ATTEST:
Katie Bruno, City Clerk
CL 162-052 (SEL)
482170v.1
Gary Peterson, Mayor
3
23
CITY OF COLUMBIA HEIGHTS, MINNESOTA
AMENDED AND RESTATED
PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT
Columbia Heights Apartments
Columbia Heights Leased Housing Associates I, LLLP
Proposal; Authority. Pursuant to Minnesota Statutes, Chapter 462C (the "Act "), the City of
Columbia Heights, Minnesota (the "City ") is authorized to develop and administer programs to finance
multifamily senior housing developments under the circumstances and within the limitations set forth in
the Act. Minnesota Statutes, Section 462C.07, provides that such programs for multifamily housing
developments may be financed by revenue bonds issued by the City.
The City has received a proposal from Columbia Heights Leased Housing Associates I, LLLP, a
Minnesota limited liability limited partnership (the "Borrower" or the "Company ") that the City: (i) issue
conduit revenue bonds or other obligations (the "Bonds "), in the principal amount of approximately
$35,000,000, and loan the proceeds derived from the sale of the Bonds to snake a loan to the Company;
and (ii) adopt housing program with respect to the Bonds. The Company proposes to use the proceeds of
such loan to finance the acquisition, construction, and equipping of a multifamily housing facility
comprised of 191 affordable independent - living rental apartments to be located in a four -story building,
together with related coimnon amenity spaces over one floor of underground parking, including a party room,
theatre, fitness center, cards/crafts room, salon, library and a landscaped patio, to be located at 3700 5`" Street
NE in the City (the "Project "). It is expected that a portion of the dwelling units of the Project will be
subject to occupancy limits imposed by federal income tax law and regulations such that only persons and
families within designated income limits will be permitted to occupy such units.
The City, in establishing this Amended and Restated Program for a Multifamily Housing
Development (the "Program "), has considered the information contained in the City's comprehensive
plan. The Project will be acquired and constructed in accordance with the requirements of Subdivisions 1
and 2 of Section 462C.05 of the Act.
Section A. Definitions. The following terms used in this Program shall have the following
meanings, respectively:
"Act" shall mean Minnesota Statutes, Chapter 462C, as currently in effect and as the same may
be from time to time amended.
"Bonds" shall mean one or more series of conduit revenue bonds or other obligations to be issued
by the City, in the principal amount of approximately $35,000,000.
"Borrower" shall mean the Company.
"City" shall mean the City of Columbia Heights, Minnesota.
"Company" shall mean Columbia Heights Leased Housing Associates I, LLLP, a Minnesota
limited liability limited partnership, or another affiliated entity to be forined.
"Housing Unit" shall mean any one of the dwelling units financed with the Bonds, each located in
the Project, occupied by one person or family, and containing complete living facilities.
24
"Land" shall mean the real property upon which the Project is situated.
"Program" shall mean this housing program for the financing of the Project pursuant to the Act.
"Project" shall mean the multifamily housing facility comprised of 191 affordable independent -
living rental apartments to be located in a four -story building, together with related common amenity
spaces over one floor of underground parking, including a party room, theatre, fitness center, cards /crafts
room, salon, library and a landscaped patio, to be located at 3700 5`" Street NE in the City, to be acquired,
constructed, and equipped by the Company.
"Qualified Project Period" shall mean the period beginning on the first day on which ten percent
(10 %) of the Housing Units are occupied following the acquisition and construction of the Project with
the proceeds of the Bonds and shall end on the latest of the following: (i) the date which is fifteen (15)
years after the date on which at least fifty percent (50 %) of the Housing Units in the Project are first
occupied; or (ii) the first day on which no principal of the Bonds is outstanding and no other tax - exempt
private activity bond issued with respect to the Project is outstanding; or (iii) the tennination date of any
assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937,
including the initial tern and any renewal thereof.
Section B. Program for Financing the Project. It is proposed that the City establish this Program
to provide financing for the acquisition, construction, and equipping of the Project at a cost and upon such
other teens and conditions as are set forth herein and as may be agreed upon in writing between the City,
the initial purchaser of the Bonds, and the Company. The City expects to issue the Bonds as soon as the
teens of the Bonds have been agreed upon by the City, the Company, and the initial purchaser of the
Bonds. The proceeds of the Bonds will be loaned by the City to the Company to finance the acquisition,
construction, and equipping of the Project, to fund required reserves, to pay interest on the Bonds during
the construction of the Project, and to pay a portion of the costs of issuing the Bonds.
It is anticipated that the Bonds will have a maturity of approximately forty (40) years or less and
will bear interest at a variable rate or at fixed rates consistent with the market at the time of issuance.
The City will hire no additional staff for the administration of the Program. Insofar as the City
will be contracting with underwriters, legal counsel, bond counsel, the fiscal agent, and others, all of
whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative
costs will be paid from the City's budget with respect to this Program. The Bonds will not be general
obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof,
which may include additional security such as additional collateral, insurance, or a letter of credit.
Section C. Standards and Requirements Relatinlz to the Financing of the Project Pursuant to the
Program. The following standards and requirements shall apply with respect to the operation of the
Project by the Company pursuant to this Program:
(1) Substantially all of the proceeds of the sale of the Bonds will be applied to the
acquisition, construction, and equipping of the Project, the payment of a portion of the costs of
issuing the Bonds, the payment of interest on the Bonds during the construction of the Project,
and the funding of appropriate reserves. The proceeds of the Bonds will be made available to the
Company pursuant to the terms of a loan agreement (or other revenue agreement) which will
include certain covenants to be made by the Company to the City regarding the use of proceeds
and the character and use of the Project.
25
(2) The Project qualifies as a "multifamily housing development," within the
meaning of the Act, since it is comprised of one or more buildings located on contiguous parcels,
the units of which are rented to persons or families for use as residences.
(3) The Company, and any subsequent owner of the Project, will not arbitrarily reject
an application from a proposed tenant because of race, color, creed, religion, national origin, sex,
marital status, or status with regard to public assistance or disability.
(4) It is expected that at least one hundred percent (100 %) of the Housing Units will
be held for occupancy by families or individuals with gross income not in excess of sixty percent
(60 %) of median family income, adjusted for family size. This set aside would satisfy the low -
income occupancy requirements of Section 462C.05, subdivision 2, of the Act, if they were
applicable.
(5) From the commencement of the Qualified Project Period, not more than eighty
percent (80 %) of the Housing Units shall be occupied by at least one person who is at least 55
years of age at the time of initial occupancy and not more than twenty percent (20 %) of the
Housing Units shall be occupied by at least one person who is at least 50 years of age or older at
the time of initial occupancy.
Section D. Evidence of Compliance. The City may require from the Company at or before the
issuance of the Bonds, evidence satisfactory to the City of compliance with the standards and
requirements for the snaking of the financing established by the City, as set forth herein; and in
connection therewith, the City or its representatives may inspect the relevant books and records of the
Company in order to confirm such ability, intention and compliance. In addition, the City may
periodically require certification from either the Company or such other person deemed necessary
concerning compliance with various aspects of this Program.
Section E. Issuance of Bonds. To finance the Program authorized by this Section the City will
by resolution authorize, issue, and sell its revenue bonds in one or more series in an aggregate principal
amount not to exceed $35,000,000. The Bonds will be issued pursuant to Section 462C.07, subdivision 1,
of the Act, and will be payable primarily from the revenues of the Project. The costs of the Project,
including capitalized interest, costs of issuance of the Bonds and required reserve funds, are presently
expected to be in excess of the principal amount of the Bonds. It is expected that the Company will
contribute to the Project the difference between the total costs of the Project and the principal amount of
the Bonds available to finance the Project. The costs of the Project may change between the date of
preparation of this Program and the date of issuance of the Bonds. The Bonds are expected to be issued
in the third calendar quarter of 2016.
Section F. Severability. The provisions of this Program are severable and if any of its provisions,
sentences, clauses, or paragraphs shall be held unconstitutional, contrary to statute, exceeding the
authority of the City, or otherwise illegal or inoperative by any court of competent.
Section G. Amendment. The City shall not amend this Program, while Bonds authorized hereby
are outstanding, to the detriment of the holders of such Bonds.
Section H. State Ceiling.
(1) An application for an allocation of a portion of the annual volume cap for private
activity bonds will be made or has been made to the office of Minnesota Management & Budget,
K
pursuant to Section 146 of the Code and Minnesota Statutes, Chapter 474A, as amended (the
"Allocation Act ").
(2) Pursuant to the teens and requirements of the Allocation Act: (i) the Project will
meet the requirements of Section 142(d) of the Code regarding the incomes of the occupants of
the Project; and (ii) the maximum rent for at least twenty percent (20 %) of the Housing Units will
not exceed the area fair market rent or exception fair market rents for existing housing, if
applicable, as established by the United States Department of Housing and Urban Development.
(3) Prior to the issuance of the Bonds, the Company will enter into a Regulatory
Agreement with the City that specifies the maximum rental rates of the rent - restricted units in the
Project and the income levels of the residents of the Project occupying the income - restricted
units. Such rental rates and income levels must be within the limitations established in
accordance with the preceding paragraph (2). The Company will be required to annually certify
to the City over the tenn of the agreement that the rental rates for the rent - restricted units are
within the limitations under the preceding paragraph (2). The City may request individual
certification of the income of residents of the income - restricted units of the Project. The office of
Minnesota Management & Budget may request from the City a copy of the annual certification
prepared by the Company. The office of Minnesota Management & Budget may require the City
to request individual certification of all residents of the income- restricted units of the Project.
(4) The City will monitor Project compliance with the rental rate and income level
requirements established under the preceding paragraph (2). The City may issue an order of
noncompliance if the Project is found by the City to be out of compliance with the rental -rate or
income -level requirements established under the preceding paragraph (2). The Company shall
pay a penalty to the City equal to one -half of one percent of the total amount of the Bonds issued
under the Allocation Act for the Project if the City issues an order of noncompliance. For each
additional year the Project is out of compliance, the annual penalty must be increased by one -half
of one percent of the principal amount of the Bonds issued under the Act for the Project. The
City may waive insubstantial violations.
This Program relates solely to the Project described herein. This Program is separate and distinct
from any and all housing policies established by the Housing and Redevelopment Authority in and for the
City of Columbia Heights.
CL162 -052 (SEL)
468908v.3
4
27
CH COLUMBIA
HEIGHTS
AGENDA SECTION
Consent
ITEM NO.
7D
MEETING DATE
July 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Recreation Seasonal Wage Adjustment
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL:
BY /DATE: Kelli Bourgeois; 7/7/16
BY /DATE:
BACKGROUND:
The minimum wage for the State of Minnesota is increasing from the current $9.00 per hour to $9.50 per hour
effective August 1, 2016. This wage increase affects a number of seasonal recreation positions requiring an
adjustment to the Recreation Seasonal Wage Scale that was approved in 2015. Attached please find the
proposed new wage scale making all of our positions compliant with the upcoming law change.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2016 -61, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2016 -61, adopting changes in wage ranges and
establishing wages for seasonal recreation employees effective August 1, 2016.
2s
2016 Rec Seasonal Wage Adjustment Council Letter
RESOLUTION 2016 -61
ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR
TEMPORARY PART -TIME LIBRARY POSITIONS,
SEASONAL PUBLIC WORKS POSITIONS,
SEASONAL /TEMPORARY RECREATION POSITIONS,
AND INTERNS
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for
Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated
that on an annual basis, changes may be adopted in Wage Ranges; and
WHEREAS, effective August 1, 2016 the State of Minnesota minimum wage is being
increased from the current $9.00 per hour to $9.50 per hour.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes
new wage ranges for non - unionized seasonal /temporary Recreation positions as indicated on
Schedule III, which is attached and on file in the office of the City Manager; and
BE IT FURTHER RESOLVED that such schedule be effective August 1, 2016.
Passed this I Ph day of July, 2016.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Katie Bruno
Council Secretary /City Clerk
29
Baseball Umpire
-House League (Youth)
$20 /game
2016
- Traveling (Plate)
$45 /game
RECREATION SEASONALS
- Traveling (Base)
$40 /game
SCHEDULE III
Soccer Officials (Youth)
$25 /game
Movement through the wage schedule is contingent
upon satisfactory performance as adjudged by the Employer.
POSITION
ENTRY
6 MONTHS
1 YEAR
2 YEARS
3 YEARS
4 YEARS
Summer Playground Asst.
$9.50
$9.70
$9.91
$10.11
$10.32
$10.49
After School Instructor
$9.50
$9.70
$9.91
$10.11
$10.32
$10.49
Trip Chaperone
$9.50
$9.70
$9.91
$10.11
$10.32
$10.49
Facility Supervisor
$12.41
$13.03
$13.65
$14.27
$14.89
$15.51
Baseball Umpire
-House League (Youth)
$20 /game
- Traveling (Plate)
$45 /game
- Traveling (Base)
$40 /game
Soccer Officials (Youth)
$25 /game
Softball Umpires (Youth)
-Youth Slow Pitch
$20 /game
-Youth Fast Pitch
$30 /game
Basketball Officials (Youth)
- House League
$20 /game
- Traveling
$30 /game
Football Officials (Youth)
$40 /game
Adult Athletics
$30 /game
Umpire /Officials
(Softball, Basketball,
Volleyball, & Football)
Scorekeeper (per game)
$9.50
$9.70
$9.91 $10.11 $10.32
$10.49
Performing Arts Instructor
$10.49
$10.74
$10.98 $11.23 $11.97
$12.34
(Gymnastics, Cheerleading,
and Ballet)
Summer Playground Supervisor
$10.49
$10.74
$10.98 $11.23 $11.97
$12.34
Trip Supervisor
$10.49
$10.74
$10.98 $11.23 $11.97
$12.34
Program Instructor
(Market rate
-- contingent upon approval of the Recreation
Director and the Assistant to the City Manager.)
Coaching /Teaching Stipend $200 /season
DRAFT - Proposed Effective Date: 8/1/16
30
0 C,� COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7E
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
ESTOPPEL AMENDMENT TO PURCHASE AGREEMENTS FOR SOLAR POWER AT MUNICIPAL SERVICE
CENTER, PUBLIC SAFETY AND LIBRARY
DEPARTMENT: Public Works
CITY MANAGER'S APPROVAL:
�Ivoz
��- ,
BY /DATE: Kevin Hansen, Eric Hanson /July 7, 2016
BY /DATE: 7X�A/Z"'
BACKGROUND:
At the council meeting on November 17, 2015 the City Council approved four Power Purchase Agreements
(PPA) to add solar panels for electrical power generation at four (4) public buildings: Top Valu 1 liquor store,
Public Safety Building, Municipal Service Center, and the new Library.
A PPA was signed between the City and New Energy Equity. This amendment is notice to the City that New
Energy Equity is selling the PPA to AEP OnSite Partners LLC of Delaware.
As stated in the PPA, this amendment is acknowledgement from the City that the PPA has a different owner.
A few minor date changes have also been added to this amendment due to the current timeline as to when
the system will be producing electricity. The current startup date would force the owner to remove the
system during the winter. This date has been extended by 90 days so, if the system needs to be removed, it
can be done safely. There will be no changes to the length of the PPA or to the payment schedule.
STAFF RECOMMENDATION:
The City Attorney has reviewed the attached amendment. Staff recommends approval of the Estoppel
Amendment to the Solar PPA for the Public Safety Building, Municipal Service Center and Library.
RECOMMENDED MOTION(S): Move to approve the Estoppel Amendment to the Solar Power Purchase
Agreement dated November 17, 2015 with New Energy Equity for the Public Safety Building, Municipal Service
Center and Library.
Attachment: Apex Request Memo
Estoppel Amendment to Solar Power Purchase Agreement with New Energy Equity
31
Apex
Mark Rasmussen, PE
612 - 581 -0219
To: Mark Rasmussen <markr @apex- co.us>
Subject: Estoppel Agreement - CH
Importance: High
Mark:
AEP has provided the following explanations for the first 3 points on the estoppel agreement they
requested to be removed in hopes that we can keep these points in the agreement in some fashion. This
is strictly driven by the fact that they want to be a good partner and have a good relationship with the
City and they feel some of the timelines may put that relationship in jeopardy. Can you run these by the
City and see what they say.
A. Section 12.1.6 governs the removal of the system after the completion of the contract. While
AEP and the City certainly hope that the PPA will be extended or Columbia Heights will take over
the system at the end of the term, if removal would be necessary, it would be at the end of the
term of the PPA which would likely be in the middle of winter and it may not be possible to get
all three systems off in 90 days. AEP would be willing to compromise and put "as quickly as
possible, but no later than 180 days ".
B. Section 12.1.6 governs the time that a force majeure event can occur before either party can
decide they no longer want to be in the contract. AEP feels as though this provides benefits to
both parties, and further believes that a force majeure event is more likely to impact the City
than AEP. AEP hopes that either this is acceptable or maybe there is somewhere to meet in the
middle to give each party a bit more time.
C. Section 15.2.2 governs the removal of the system in the event of default. AEP understands that
this only covers an event of default from AEP, but also feels as though it is fair to give them time
to remove the system in the event of poor weather conditions or unforeseen delays. Removing
the system the right way and safely takes a bit of time, but if very important to preserve the
condition of the roof and the surrounding areas. AEP would be willing to compromise and put
"as quickly as possible, but no later than 180 days ".
I know we are waiting on City council approval in a week and a half, so please run this by them and let
me know what they think. I would be happy to have a call if necessary.
Thanks.
Matt
32
Draft 5/26/1506/16/2016
CONSENT, AMENDMENT AND ESTOPPEL AGREEMENT
This CONSENT, AMENDMENT AND ESTOPPEL AGREEMENT, dated as of June
2016 (this "Agreement "), is made by the City of Columbia Heights, a Minnesota municipal
corporation (the "City ") and New Energy Equity, LLC, a Maryland limited liability company
( "Developer "), for the benefit of AEP OnSite Partners, LLC, a Delaware limited liability
company ( "OnSite ").
RECITALS
A. The City and Developer entered into that certain Solar Photovoltaic Power
Purchase Agreement, dated as of February 5, 2016 (the "PPA").
B. Pursuant to a Purchase Agreement (the "Purchase Agreement ") between
Developer and OnSite, OnSite will acquire all of Developer's right, title and interest in and to the
PPA, and will assume all of Developer's obligations thereunder as of the date of the Purchase
Agreement.
C. The City and Developer are executing and delivering this Agreement as a material
inducement to OnSite entering into the Purchase Agreement.
AGREEMENT
1. Consent. The City hereby unconditionally and irrevocably consents to the
assignment by Developer of its right, title and interest in, and the assumption by OnSite
of Developer's obligations under, the PPA pursuant to the Purchase Agreement.
2. Amendments to PPA. The PPA is hereby amended as follows:
a. Section 12.1.6 is amended by replacing "ninety (90)" with "as quickly as possible, but
no later than one hundred eighty (180)."
b. Section 14.4 is amended by replacing "forty -five (45)" with "three hundred sixty
(360)."
c. Section 15.2.2 is amended by replacing "within thrity (30) days after such
tennination" with "as quickly as possible, but no later than within one hundred eighty
(180) days after such termination."
d. Section 16.1.1(b) is amended by replacing "occurrence form" with "claims -made
form."
e. Section 16.3 is amended by deleting "certified copies of ' from the first sentence
thereof.
3. Estoppel. To induce OnSite to enter into the Purchase Agreement, the City
hereby certifies and agrees as follows:
15751638_1 1
33
Draft 5/2611506/16/2016
a. PPA. The PPA (i) attached hereto as Exhibit A is a true, correct
and complete copy thereof as of the date hereof, (ii) was duly authorized, executed and
delivered by the City, (iii) is in full force and effect and is a valid and binding obligation
of the City, enforceable in accordance with its terms, (iv) except as provided in this
Agreement, has not been amended or modified, and (v) constitutes the entire PPA.
b. Consents and Approvals. The City has received the third party
authorizations referred to in Section 3.1.2 of the PPA, and there is no mortgage or other
lien or lease burdening the Premises as referenced in Section 3.1.2 (nor is any such
mortgage, lien or lease currently contemplated).
C. No Claims. The City has no claims against Developer under,
relating to the subject matter of, or arising out of the PPA.
d. No Default. Neither the City, nor to the City's knowledge
Developer, (i) is in breach of or default under the PPA, or (ii) anticipates to be in breach
or default under the PPA.
e. Reliance. The City acknowledges that Purchaser and its affiliates are
relying on the estoppel provisions of this Section 3.
f. Power and Authority. The City has the requisite power, authority and
capacity to execute and deliver this Agreement and this Agreement has been duly and validly
executed and delivered by the City.
g. Performance. The City knows of no reason why it cannot perform its
obligations under the PPA.
4. GoverningLaw. This Agreement and the legal relations between the parties hereunder
shall be governed by and construed in accordance with the laws of the State of Minnesota,
without regard to principles of conflicts of laws that would direct the application of the laws of
another jurisdiction.
5. Validity. The invalidity or unenforceability of any provision of this Agreement will not
affect the validity or enforceability of any other provisions of this Agreement, each of which will
remain in full force and effect. If any term or other provision of this Agreement is invalid, illegal
or incapable of being enforced by any law or public policy, all other terms and provisions of this
Agreement will nevertheless remain in full force and effect for so long as the economic or legal
substance of the transactions contemplated by this Agreement is not affected in any manner
materially adverse to either party hereto.
6. Electronic Signatures. The delivery of copies of this Agreement and of the signature
page by facsimile transmission, by electronic mail in "portable document format" ( ".pdf') form,
or by any other electronic means intended to preserve the original graphic and pictorial
appearance of a document, or by combination of such means, will constitute effective execution
and delivery of this Agreement and may be used in lieu of the original Agreement for all
purposes. The City's signature transmitted by facsimile or other electronic means will be
deemed to be its original signatures for all purposes.
15751638_1 2
34
Draft 5/26/1506/16/2016
IN WITNESS WHEREOF, the undersigned has duly executed or caused this Agreement to
be duly executed on the date first written above.
The City of Columbia Heights, a
Minnesota municipal corporation
By: _
Name:
Title:
New Energy Equity, LLC, a Maryland
limited liability company
M.
Name:
Title:
157516381 3
35
EXHIBIT A
[Attached]
157516381
Draft 5/26/1506/16/2016
36
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7F
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Ratification of the Development Contract for Plat of Huset Park Senior Living
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /DATE: Keith Dahl, July 6, 2016
BY /DATE: 7h1-11,r,,
BACKGROUND:
In 2014, the City Council approved the Site Plan and the Preliminary Plat for the Huset Park Senior Living
development project located at the vacant site directly northeast of the University Avenue NE and 37th
Avenue NE intersection. The project consists of a 191 unit, independent senior living apartment that will
provide affordable housing for senior residents earning no more than 60% of the Area Median Income (AMI).
The Final Plat and a Development Contract were both approved January 11, 2016; however the Redeveloper
requested revisions to the completion dates on the Development Contract due to financial delays.
The Redeveloper's financial delays stem from the general market conditions present with affordable housing.
In order for the Huset Park Senior Living Apartments to be considered affordable housing, a minimum of 55%
of the project needs to be funded by tax credit bonds. However, the market for tax credit bonds has been
depleted, which has delayed the Redeveloper to meet the minimum financial requirement for this project.
More tax credit bonds become available August 1, 2016 for the Redeveloper to meet the minimum financial
requirement.
Attached for review are the proposed completion date revisions found in Exhibit B of the Development
Contract. In addition to the completion date revisions, the letter of credit expiration date will consequently
need to be revised as well. Revisions to the letter of credit expiration date are found in Article 8, Section 8.1 of
the Development Contract. All date revisions are marked by a strikethrough for a deletion and an underline for
an addition.
If approved, the Developer intends to begin construction by March 1, 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the revised completion dates and authorizing the execution of the
Development Contract for Plat of Huset Park Senior Living.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Resolution No. 2016 -62, there being ample copies available to the
public.
Motion: Move to adopt Resolution 2016 -62, a resolution ratifying approval of a revised Development
Contract for Plat of Huset Park Senior Living, Anoka County MN, between the City of Columbia Heights and
Columbia Heights Leased Housing Associates I, LLLP.
ATTACHMENTS:
Resolution 2016 -62 (1 page)
Development Contract (25 pages)
37
Resolution Ratifying Approval of a Revised Huset Park Senior Living Development Contract
RESOLUTION NO. 2016 -62
A resolution of the City Council of Columbia Heights, Minnesota, Ratifying Approval of a Revised Development
Contract for Plat of Huset Park Senior Living, Anoka County MN, Between the City of Columbia Heights and
Columbia Heights Leased Housing Associates I, LLLP.
WHEREAS, the City Council of Columbia Heights (the "City Council ") previously approved the Development
Contract for Plat of Huset Park Senior Living (the "Contract ") on January 11, 2016, subject to modifications
that do not alter the Contract; and
WHEREAS, the Contract has not been fully executed; and
WHEREAS, Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper ") has proposed to revise
Section 8.1 and Exhibit B of the Contract to extend the letter of credit expiration date and completion dates
due to financial delays. These revisions constitute a modification to the Contract, and as such requires the
approval by the City Council; and
WHEREAS, the City Council has reviewed he Contract as proposed to be revised and finds that the execution
thereof and performance of the City's obligations thereunder are in the best interest for the City and its
residents; and
NOW, THEREFORE BE IT RESOLVED that the City Council authorizes the Mayor and the City Manager to
execute the Development Contract for Plan of Huset Park Senior Living, Anoka County MN with Columbia
Heights Leased Housing Associates I, LLLP on behalf of the City of Columbia Heights.
ORDER OF THE CITY COUNCIL
Passed this day of , 2016
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Attest:
Katie Bruno, City Clerk
Resolution 2016 -62 38
DEVELOPMENT CONTRACT FOR
PLAT OF
HUSET PARK SENIOR LIVING
ANOKA COUNTY, MINNESOTA
39
INDEX TO CITY OF COLUMBIA HEIGHTS
DEVELOPMENT CONTRACT FOR
HUSET PARK SENIOR LIVING, ANOKA COUNTY, MINNESOTA
RECITALS
ARTICLE 1 — DEFINITIONS
1.1 Terms
1.2 City of Columbia Heights
1.3 Developer, Owner
1.4 Plat
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
40
C.
Present Compliance With Laws
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
2.1
2.2
2.3
2.4
2.5
2.6
- DEVELOPER IMPROVEMENTS
Developer Improvements
Boulevard and Area Restoration
Street Maintenance
Occupancy
Approval of Contractors and Engineer
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
41
3.3 Time of Payment
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
42
9.5 Binding Agreement
9.6 Contract Assignment
9.7 Amendment and Waiver
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
43
CITY OF COLUMBIA HEIGHTS
DEVELOPMENT CONTRACT FOR
HUSET PARK SENIOR LIVING
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 COLUMBIA HEIGHTS LEASED
HOUSING ASSOCIATES I, LLLP, (hereinafter referred to as the OWNER and
DEVELOPER) identified herein.
WHEREAS, the DEVELOPER has applied to the CITY for approval of the preliminary and
final PLAT;
WHEREAS, the CITY has approved the final PLAT 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 PLAT; 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.
WHEREAS, the DEVELOPER has filed Three (3) complete sets of the DEVELOPMENT
PLANS with the CITY;
WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional
engineer and have been 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:
44
ARTICLE L
DEFINITIONS
1.1 TERMS. The following terms, unless elsewhere defined specifically in the
DEVELOPMENT CONTRACT, shall have the following meanings as set forth
below.
1.2 CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal
corporation.
1.3 DEVELOPER: OWNER, BUILDER. "DEVELOPER - OWNER" means
Columbia Heights Leased Housing Associates I, LLLP, a Minnesota Limited
Liability Limited Partnership.
1.4 PLAT. "PLAT" means the plat of HUSET PARK SENIOR LIVING, 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.
45
1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes,
jointly and severally, any of the following or any combination thereof:
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.
B. 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
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statutes, laws, and regulations (including, without limitation, permits and
licenses and any applicable zoning, environmental or other law, ordinance
or regulation) affecting the PLAT and the DEVELOPMENT PLANS and
the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of
any pending or threatened claim of any such violation.
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 PLAT and the DEVELOPMENT PLANS and the
DEVELOPER IMPROVEMENTS.
E. 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 PLAT, 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.
F. 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:
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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
Attention: City Manager
590 40th Avenue N.E.
Columbia Heights, Minnesota 55413
If to DEVELOPER Columbia Heights Leased Housing Associates 1,
LLLP
c/o Ronald Mehl, Senior Developer
2905 Northwest Blvd
Suite 150
Plymouth, Minnesota 55441, and
Winthrop and Weinstine P.A.
Attention: John D. Nolde
225 South Sixth Street
Suite 3500
Minneapolis, MN 55402, and
Alliant ALP 80, LLC
c /o: Alliant Asset Management Company, LLC
21600 Oxnard Street, 12th Floor
Woodland Hills, CA 91367
Attn: Brian Goldberg, and
Bocarsly Emden, Cowen Esmail and Arndt, LLP
633 West 5th Street, 64th Floor
Los Angeles, CA
Attn: Kyle Arndt, Esq.
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
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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 its own
cost, 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
PLAT resulting from the grading or building on the land within the PLAT 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 PLAT 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.
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; provided however that the CITY hereby specifically
approves Loucks Engineers, BKV Group, Benson -Orth, Eagle Building
Company, Stonebridge Construction, Stevens Construction Corp., Big -D
Construction Corp. and Weis Builders for such purposes.
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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,
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FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or
replacement.
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
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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;
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, including but not
limited to notice and hearing requirement and any claim that the
special assessments exceed benefit to the PLAT. 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
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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 PLAT. 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
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 DeEeffiber 31, 2017
September 30, 2018. 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 of44eeeffibef
7 September 30, 2018, 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
54
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 Pee er31 2OP September 30,
2018.
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.
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
DEVELOPMENTIMPROVEMENTS.
9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against
the CITY under this DEVELOPMENT CONTRACT.
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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 PLAT 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 PLAT 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.
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.
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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 PLAT 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, as defined by MnDOT specifications. A portion
of the letter of credit may be released after one growing season as
determined by the DIRECTOR OF PUBLIC WORKS.
C) A decorative, permanent fence similar, if not identical, to the existing
fence found west of Naegele Avenue shall be installed at the west property
line boundary within the University Avenue ROW, consisting of masonry
columns and iron fencing with a design approved by the CITY. The City
will assist the DEVELOPER to obtain the appropriate permits required by
MnDOT for fence installation within the University Avenue ROW. The
OWNER shall be responsible for the on -going maintenance of the fencing.
Any landscaping west of the fence shall require a MnDOT permit and
Maintenance Agreement, with copies provided to the CITY. Where new
fencing is installed along the MnDOT ROW, the DEVELOPER shall be
responsible for the removal of any existing chain link or other fencing to
the extent such removal may be permitted by MnDOT.
d) The OWNER shall be responsible for continued maintenance of fencing,
landscaping and screening materials to remain in compliance with the
requirements of this Section.
e) All DEVELOPMENT turf irrigation systems shall include rain detecting
shutoff devices to control irrigation function during wet weather.
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9.14 PARK DEDICATION. Subject to reduction for all applicable existing credits in
favor of the DEVELOPER, the CITY hereby determines Park Dedication Fees in
the amount of $1,500.00 per unit, and that such fees are paid at Final PLAT
Approval by the CITY, or prior to issuance of any and all permits. The calculation
shall be as provided in EXHIBIT `C.'
9.15 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.
9.16 ADDITIONAL AGREEMENTS.
A. The OWNER and the CITY hereby agree that the maintenance costs of the
large storm water pond located at the northwest corner of 37th Street and
Huset Parkway shall be shared by the DEVELOPMENT and CITY on an 67%
(DEVELOPMENT) — 33% (CITY) split. Necessary storm water maintenance
activities shall be conducted or cause to be conducted by the CITY, with said
costs billed to the DEVELOPMENT by the CITY, payable within 30 days. In
order to enforce the provisions of this Section 9.16(C), the governing
documents of all homeowners' associations (collectively, the "HOA ") shall be
subject to the reasonable review and approval of the City Attorney to assure
that the HOA's documents include a requirement for said necessary storm
water pond maintenance and reimbursement to the City for two thirds (67 %)
of said cost.
B. The OWNER hereby agrees to place a 10 foot wide paved trail along the
University Avenue ROW. The CITY agrees to assist in MnDOT permitting
prior to the installation of the trail. The design and construction of the trail
shall be the responsibility of the OWNER, meeting CITY trail requirements.
C. The OWNER hereby agrees to place a 6 foot wide sidewalk along the 37th
Avenue NE ROW. The design and construction of the sidewalk shall be the
responsibility of the OWNER, meeting CITY sidewalk requirements.
D. The OWNER hereby agrees to construct a monument sign which will
incorporate the City logo. The design and construction of the sign shall be the
responsibility of the OWNER, subject to final approval by the CITY.
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E. The DEVELOPER shall dedicate public easements over the public sidewalk
adjacent to 370' Avenue NE, as well as the onsite stoimwater management
features, including the Stoimwater Pond and water hydrants.
F. The OWNER and the CITY hereby agree to the Inspections and Maintenance
Activities for the Filtration System contained in Civil Sheet 3 -4.
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
Its: Mayor
By:
Walt Fehst
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
DEVELOPER:
COLUMBIA HEIGHTS LEASED
HOUSING ASSOCIATES I, LLLP,
A MINNESOTA LIMITED LIABILITY
LIMITED PARTNERSHIP
By: Columbia Heights Leased Housing Associates,
I, LLLP, a Minnesota Limited Liability
Limited Partnership
Its: General Partner
By:
Mark S. Moorhouse
Its: Senior Vice President
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 Senior Vice President of Columbia Heights Leased Housing Associates I, LLC, the general
partner of Columbia Heights Leased Housing Associates I, LLLP, on behalf of said partnership.
Notary Public
60
THIS INSTRUMENT DRAFTED BY:
Kevin Hansen, P.E.
Public Works Director /City Engineer
City of Columbia Heights
637 38'' Avenue N.E.
Columbia Heights, MN 55421
763/706 -3705
James Hoeft
City Attorney
Barna, Guzy, and Steffen, ltd
200 Coon Rapids Boulevard
Suite 400
Coon Rapids, MN
763/783 -5122
61
EXHIBIT A
LIST OF DEVELOPMENT PLANS
DOMINIUM SENIOR HOUSING
PLAN DESCRIPTION DESIGN PLAN DATE
1. Development Plat Loucks
2.
3.
4.
5.
6.
7
Erosion Control and Grading Plan Loucks
Street /Trail Plan (Private) Loucks
Utility /Site Plan (Public /Private) Loucks
Landscape Plan BKV Group
Street Light Plan (private) BKV Group
Building Plan BKV Group
-I -
M
EXHIBIT B
DEVELOPER PUBLIC IMPROVEMENTS
The items indicated with "PUBLIC" below are those DEVELOPER IMPROVEMENTS
that are DEVELOPER - PUBLIC IMPROVEMENTS.
Sewer)
Private)
COMPLETION DATE
6/31/17 3/31/18
6/31/17 3/31/18
Sewer
H/31/17 3/31/18
12'�31/17 9/30/18
1 1'� 9/30/18
12/31 /17 9/30/18
Public)
12/31/17 9/30/18
2'r� 3 "' 9/30/18
IMPROVEMENT
Grading /Removals /Erosion
Control Plan
Utilities (Sanitary
and Water Mains)
Utilities (Storm
Streets /Trail (Plat -
Trails (Plat - Public)
Sidewalks (Plat —
Landscaping
Street Lighting
Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the
final occupancy of the building on Huset Park Senior Living. Unless otherwise agreed to
by the City, this provision shall exclude Site Landscaping and Site Street Lighting.
-2-
63
EXHIBIT C
ESCROW AND PARK DEDICATION CALCULATIONS)
Park Dedication Fee
$1,500 /unit x 191 units = $286,500
Land Credit from Phase I - 67,058
_ $219,442
DEVELOPER IMPROVEMENTS
1. Erosion Control /Restoration
2. Site Utilities
3. Public Street Connections (1)
4. Landscaping (incl. Retaining Walls)
5. University Avenue Fence
6. Trail / Sidewalk
7. Monument Sign
MULTIPLIED BY: 1.25
EQUALS:
$ 45,000
$ 225,000
$ NA — existing curb cut
$ 195,000
$ 97,500
$ 35,000
$ 20,000
$ 617,500
$ 771,875
In addition to the deposit or letter of credit required above, the DEVELOPER shall also
deposit $10,000 in cash with the CITY contemporaneously with execution of this
DEVELOPMENT CONTRACT. This $10,000 shall be to pay the CITY for engineering
review and site inspection fees at the CITY's standard rates charged for such tasks. Upon
acceptance of the DEVELOPER PUBLIC IMPROVEMENTS, the CITY shall return to the
DEVELOPER any remaining portion of the $10,000 not otherwise charged against the
DEVELOPER for engineering review and inspection performed by the CITY. To the
extent the engineering review and inspection fees, calculated according to the CITY's
standard rates, exceed the $10,000 deposit, the DEVELOPER is responsible for payment of
such excess within thirty (30) days after billing by the CITY.
64
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7G
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
First Amendment to Second Amended and Restated Contract for Private Redevelopment
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL: /
BY /DATE: Keith Dahl, July 6, 2016
BY /DATE:
BACKGROUND:
April 11, 2016, The City of Columbia Heights (the "City Council ") approved resolution 2016 -37 authorizing the
execution of the Second Amended and Restated Contract for Private Redevelopment (the "Contract ")
between Columbia Heights Economic Development Authority (the "EDA ") and Columbia Heights Leased
Housing associates I, LLLP (the "Redeveloper "). The Contract was fully executed by all parties on April 19,
2016.
After the Contract was fully executed, the Redeveloper requested an extension on the construction deadlines
and the deadline for payment of the administrative fee due to financial delays. The Redeveloper's financial
delays stem from the general market conditions present with affordable housing. In order for the Huset Park
Senior Living Apartments to be considered affordable housing, a minimum of 55% of the project needs to be
funded by tax credit bonds. However, the market for tax credit bonds has been depleted, which has delayed
the Redeveloper to meet the minimum financial requirement for this project. More tax credit bonds become
available August 1, 2016 for the Redeveloper to meet the minimum financial requirement.
A First Amendment to the Contract has been proposed to extend the required deadlines for the
commencement and completion of the construction for the Huset Park Senior Living development project and
to designate an extended deadline for the Redeveloper's payment of the Administrative Fee. Attached for
review is Resolution 2016 -63 and the First Amendment to the Contract.
STAFF RECOMMENDATION:
Staff recommends approval of the First Amendment to Second Amended and Restated Contract for Private
Redevelopment.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Resolution No. 2016 -63, there being ample copies available to the
public.
Motion: Move to adopt Resolution 2016 -63, a resolution approving a First Amendment to the Second
Amended and Restated Contract for Private Redevelopment between the City of Columbia Heights, the
Columbia Heights Economic Development Authority, and Columbia Heights Leased Housing Associates I, LLLP.
ATTACHMENTS:
Resolution 2016 -63 (2 page)
First Amendment to Second Amended and Restated Contract for Private Redevelopment (5 pages)
65
City Council Letter
CITY RESOLUTION NO. 2016 -63
RESOLUTION APPROVING A FIRST AMENDMENT 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 City Council (the "Council ") of the City of Columbia Heights,
Minnesota (the "City ") as follows:
Section 1. Recitals.
1.01. Pursuant to its authority under Minnesota Statutes, Sections 469.090 to 469.1082
and 469.174 to 469.1794, as amended, the Columbia Heights Economic Development Authority
(the "Authority "), with the approval of the City, created the Huset Park Tax Increment Financing
District within its Downtown CBD Redevelopment Project (the "Project "), for the purpose of
facilitating the redevelopment of certain substandard property within the Project.
1.02. the Authority, the City, and Columbia Heights Leased Housing Associates I, LLLP
(the "Redeveloper ") entered into that certain Second Amended and Restated Contract for Private
Redevelopment dated as of October 30, 2015 (the "Contract "), amending and restating certain prior
agreements and providing, among other things, for the construction by the Redeveloper of certain
improvements (the "Minimum Improvements ") on the property legally described within the
Contract (the "Redevelopment Property "), and the disbursement of an administrative fee by the
Redeveloper to the Authority (the "Administrative Fee ") in connection with the issuance by the
Authority of its Tax Increment Revenue Refunding Bonds ( Huset Park Area Redevelopment
Project), Series 2016 (the "Bonds ").
1.03. The parties have negotiated and propose to execute a First Amendment to the
Contract (the "First Amendment ") to clarify the definition of "Minimum Improvements," to
extend the required deadlines for the commencement and completion of construction of the
Minimum Improvements, and to designate an extended deadline for payment of the
Administrative Fee.
Section 2. First Amendment Approved.
2.01. The First Amendment as presented to the Council is hereby in all respects
approved, subject to modifications that do not alter the substance of the transaction and that are
approved by the Mayor and City Manager, provided that execution of the First Amendment by
such officials shall be conclusive evidence of approval.
482535v1 MNI CL205 -23
66
2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the
City the First Amendment and any documents referenced therein requiring execution by the City,
and to carry out, on behalf of the City, its obligations thereunder.
2.03. City staff and consultants are authorized to take any actions necessary to carry out
the intent of this resolution.
Adopted by the City Council of the City of Columbia Heights this July 11, 2016.
Mayor
ATTEST:
City Clerk
482535v1 MNI CL205 -23
67
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CONTRACT FOR
PRIVATE REDEVELOPMENT
This agreement is made as of , 2016, by and between the COLUMBIA
HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and corporate (the
"Authority "), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the
"City "), and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP, a Minnesota
limited liability limited partnership (the "Redeveloper ").
WHEREAS, the Authority, the City, and the Redeveloper entered into that certain Second
Amended and Restated Contract for Private Redevelopment dated as of October 30, 2015 (the
"Contract "), amending and restating certain prior agreements and providing, among other things, for
the construction by the Redeveloper of certain improvements (the "Minimum Improvements ") on
the property legally described within the Contract (the "Redevelopment Property "), and the
disbursement of an administrative fee by the Redeveloper to the Authority (the "Administrative
Fee ") in connection with the issuance by the Authority of its Tax Increment Revenue Refunding
Bonds (Huset Park Area Redevelopment Project), Series 2016 (the "Bonds "); and
WHEREAS, the parties have determined to revise the Contract to clarify the definition of
"Minimum Improvements," to extend the required deadlines for the commencement and completion
of construction of the Minimum Improvements, and to designate an extended deadline for payment
of the Administrative Fee.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Amendment to Section 1.1 of the Contract. The definition of "Minimum
Improvements" in Section 1.1 of the Contract is amended as follows:
"Minimum Improvements" means the construction on the Redeveloper Parcels of a
multistory building containing 191 units of multifamily rental housing, along with associated
underground structured parking and surface parking.
2. Amendment to Section 3.5(b) of the Contract. Section 3.5(b) of the Contract is
amended as follows:
(b) In conjunction with execution of this Agreement, the Authority has refunded the
Series 2007 Bonds to achieve debt service savings (such refunding bonds hereinafter referred to as
the "Refunding Bonds "), and the Redeveloper has paid to the Authority funds in the amount of
68
$107.325, representing the total actual costs of issuance (including underwriter's discount) of the
Refunding Bonds. The Redeveloper agrees that no later than August 31, 2016, the Redeveloper will
pay to the Authority an administrative fee of $100,000, which will be deposited into a legally
authorized redevelopment fund to be designated by the Authority or City.
3. Amendment to Section 4.3(a) of the Contract. Section 4.3(a) of the Contract is
amended as follows:
Section 4.3. Commencement and Completion of Construction. (a) Subject to Unavoidable
Delays, the Redeveloper shall commence construction of the Minimum Improvements by March 1,
2017. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the
Minimum Improvements by September 30, 2018. All work with respect to the Minimum
Improvements to be constructed or provided by the Redeveloper on the Redeveloper Parcels shall
be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the
Authority.
4. Miscellaneous. Except as amended by this Amendment, the Contract shall remain in
full force and effect. Upon execution, Redeveloper shall reimburse the Authority for all out -of
pocket -costs incurred by the Authority in connection with negotiating, drafting and approval of this
Amendment.
(Remainder of this page intentionally left blank.)
69
IN WITNESS WHEREOF, the Authority, the City, and the Redeveloper have caused this
Amendment to be duly executed by their duly authorized representatives as of the date first above
written.
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
SS.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of ,
2016 by Gary Peterson and Walt Fehst, the President and Executive Director of the Columbia
Heights Economic Development Authority, on behalf of the Authority.
Notary Public
Authority signature page to First Amendment to Second Amended and Restated Contract for Private
Redevelopment
70
CITY OF COLUMBIA HEIGHTS
By
Its Mayor
By
Its City Manager
STATE OF MINNESOTA )
SS.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of ,
2016 by Gary Peterson and Walt Fehst, the Mayor and City Manager of the City of Columbia
Heights, a Minnesota municipal corporation, on behalf of the City.
Notary Public
City signature page to First Amendment to Second Amended and Restated Contract for Private
Redevelopment
71
COLUMBIA HEIGHTS LEASED HOUSING
ASSOCIATES I, LLLP, a Minnesota Limited
Liability Limited Partnership
By: Columbia Heights Leased Housing Associates
I, LLC
Its General Partner
IM
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
Mark S. Moorhouse
Its Senior Vice President
The foregoing instrument was acknowledged before me this day of
, 2016 by Mark S. Moorhouse, the Senior Vice President of Columbia Heights
Leased Housing Associates I LLC, a Minnesota limited liability company, the General Partner of
Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited
partnership, on behalf of the partnership.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (MNI)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
Redeveloper signature page to First Amendment to Second Amended and Restated Contract for
Private Redevelopment
VA
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT AGENDA
ITEM NO.
7H
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
LICENSE AGENDA
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /Date: July 8, 2016
BY /Date: '
/
BACKGROUND /ANALYSIS
Attached is the business license agenda for the July 11, 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 July 11, 2016 as
presented.
73
July 112016 lic agenda
City of Columbia Heights - Council Letter
TO CITY COUNCIL July 11, 2016
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2016
BLDG *Total Comfort
4000 Winnetka Ave N, New Hope
$60
*Tech Builders Inc.
410 Downtown Plaza, Fairmont
$60
*Living Water Tree
2605 136th Ave NW, Andover
$60
*Guardian Prop Maint 708 Cleveland Ave, New Brighton
$60
*Southtown Plumbing
6636 Penn Ave S, Richfield
$60
*Sedgwick Htg
1408 Northland Dr, Mendota Hts
$60
*Joel Smith Htg
13915 Lincoln St, Ham Lake
$60
*Apple Lake Htg
207 150th St, Apple Valley
$60
*Birch Tree Care
3100 Spruce St, St Paul
$60
*Urban Tree & Land
3421 Cedar Ave So, Mpls
$60
74
Page 2
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CH COLUMBIA
HEIGHTS
AGENDA SECTION
ITEMS FOR CONSIDERATION
ITEM NO.
9Aa
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Approve Settlement Agreement and Release; and authorize payment regarding a PERA Disability
Claim
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL:
BY /DATE: Kelli Bourgeois; 7/7/16
BY /DATE:
BACKGROUND:
In January, 2016 the City appealed a PERA disability determination for a former employee. The matter went
to mediation during which time the parties agreed to a settlement. The City Council will hold a closed session
to review the settlement with the City Attorney at 6:30 p.m. on July 11th. Following the closed session, City
Council is asked to act upon the Settlement Agreement and Release and authorize payment for the settlement
during the regular July 11th City Council meeting.
RECOMMENDED MOTION: Move to approve the Settlement Agreement and Release as discussed in the July
11, 2016 closed session, and to authorize payment of the settlement in the amount of $37,500.
83
2016 Settlement Agreement Council Letter
CH COLUMBIA
HEIGHTS
AGENDA SECTION
ITEMS FOR CONSIDERATION
ITEM NO.
9Ab
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Second Reading of Ordinance 1628, Amending Chapter 8, Article IV, of City Code
DEPARTMENT: Fire
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. First
Reading of Ordinance 1628 was June 13, 2016.
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 adopt 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.
ATTACHMENTS:
Ordinance 1628
84
Fire Code 2nd Reading Council Letter
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.
85
(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 felle iRg
,
H, aRGI I.-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: Murzyn, Jr.
Offered by: Williams
Seconded by: All Ayes
Roll Call:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Gary L. Peterson, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
86
CH COLUMBIA
HEIGHTS
AGENDA SECTION
Other Ordinances & Resolutions
ITEM NO.
9Ac
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
SECOND READING OF ORDINANCE NO. 1629 AMENDING CHAPTER 10, SECTIONS 95, 96,
98 & 99 OF THE CITY'S CHARTER PERTAINING TO FRANCHISES
DEPARTMENT: Administration
CITY MANAGER'S.AP ROVAL:
BY /DATE: Katie Bruno
BY /DATE:'
BACKGROUND:
The Charter Commission has been continuing to review various sections of the City Charter. In discussions with the
City Attorney, the Charter Commission proposes the attached amendments to the City Charter.
At the June 27th City Council Meeting, City Attorney James Hoeft explained that some of the language is outdated,
or no longer applicable.
RECOMMENDED MOTION(S):
RECOMMENDED MOTION: Move to waive the reading of the Ordinance No. 1629, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Ordinance No.1629, being an ordinance amending Chapter 10, Sections
95, 96, 98 & 99 of the City's Charter pertaining to Franchises.
ATTACHMENTS:
Ordinance No. 1629
87
ORDINANCE NO. 1629
BEING AN ORDINANCE AMENDING CHAPTER 10,
SECTIONS 95, 96, 98 and 99
OF THE CITY CHARTER
OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO FRANCHISES
The City of Columbia Heights does ordain:
SECTION 1:
Chapter 10, Sections 95, 96, 98 and 99 of the Charter of the City of Columbia Heights is amended as follows:
Section 95. PUBLICATION OF FRANCHISES. Every ordinance granting or extending
any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity
whatever until it has been accepted by the grantee, and until it has been given adequate publicity, either by
publication of the fr-,nehise verbatim a summary franchise ordinance in the official paper of the City at least
eRee a week for feur two successive weeks publications after its passages, e-r and by toe posting of au is
eepies ef the fFaRehise UPOR bulletin Wards iR at least teR ef the most publie plaees iR the city the summary
ordinance in City Hall and the City Library for a period of thirty days after its passage.
Section 96. TERM OF FRANCHISES LIMITED. No perpetual franchise shall ever be granted, nor shall any
franchise be granted for a longer term than tweRty fifteen years.
Section •: REGULATION OF
exerc-isiRg fFaRehises in the eity of Celumbia Heights, shall give eeuFteeus, e4iGieRt and adequate servo
Feasenable rates.
Section 99.
SECTION 2:
This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading: June 27, 2016
Second Reading: July 11, 2016
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Katie Bruno, City Clerk
Mayor Gary L. Peterson
Strikethrough indicates deleted language, underline indicates new language
88
CH COLUMBIA
HEIGHTS
AGENDA SECTION
Other Ordinances & Resolutions
ITEM NO.
9Ad
MEETING DATE
JULY 11, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
SECOND READING OF ORDINANCE NO. 1630 AMENDING CHAPTER 4, SECTION 28A
PERTAINING TO CANDIDATE FILING FEES
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL:
BY /DATE: Katie Bruno
BY /DATE:
BACKGROUND:
The Charter Commission has been continuing to review various sections of the City Charter. In discussions with the
City Attorney, the Charter Commission proposes the attached amendments to the City Charter.
At the June 27th City Council City Attorney James Hoeft reported that filing fees have not been changed since early
in the 1980's. The Charter Commission has discussed options, and agreed that an inflationary index adjustment
would be appropriate.
RECOMMENDED MOTION(S):
RECOMMENDED MOTION: Move to waive the reading of the Ordinance No. 1630, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Ordinance No.1630, being an ordinance amending Chapter 4, Section
28a pertaining to Candidate Filing Fees.
ATTACHMENTS:
Ordinance No. 1630
89
ORDINANCE NO. 1630
BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 28a
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO CANDIDATE FILING FEES
The City of Columbia Heights does ordain:
SECTION 1:
Chapter 4, Section 28a of the Charter of the City of Columbia Heights is amended as follows:
Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the date
established by Minnesota State Law of any year in which a municipal general election is to be held
for the purpose of electing officers, at the same place or places as general elections are held and
like officers shall preside at such elections.
The purpose of such primary election shall be to select candidates to be voted for at the general
municipal election. The candidates for nomination to each office who shall receive the greatest
number of votes in such primary election shall be placed upon the ballot of the next general
election in numbers not to exceed double the number of vacancies to be filled, and no other name
shall be placed upon the ballot for such general election than the candidates selected at said
primary election. When not more than twice the number of individuals to be elected to a
municipal office file for nomination to any municipal office, no primary shall be held, and the
names of those having filed shall be placed on the municipal general election ballot as the
nominee for that office. Any person desiring to become a candidate for an elective office in the
general municipal election shall file with the city clerk at least fifty -six days prior to but not more
than seventy days prior to said primary municipal election an affidavit of such candidacy as set
forth in Minnesota Statutes 2046.06, subd. 1, and shall payto the City Clerk the sum ofA*e Fifteen
Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such
City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the
provisions of this section the City Clerk shall place such name upon the primary election ballot as a
candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the
time and place of holding such primary election and of the officers to be nominated, by posting a
notice thereof in at least three of the most public places in each election district in the city or by
publication of a notice thereof at least once in the official newspaper, or both, as the City Council
may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300,
passed April 10, 1995) (Ordinance No. 1596, passed on May 9, 2011)
Strikethrough indicates deleted language, underline indicates new language
90
SECTION 2:
This Ordinance shall be in full force and effect from and after ninety (90) days after its passage.
First Reading:
June 27, 2016
Second Reading:
July 11, 2016
Date of Passage:
July 11, 2016
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno, City Clerk
Strikethrough indicates deleted language, underline indicates new language
91