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06-12-2017 CCP
Mayor COLUMBIA Donna Schmitt CHCouncilmembers HEIGHTS Robert A. Williams John Murzyn, Jr. City of Columbia Heights Connie8uesgens 590 40`h Avenue NE, Columbia Heights, MN 55421 -3878 Nick Manage 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, June 12, 2017 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 S. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation of Humanitarian of the Year Award to Amada Marquez Simula B. Library Update 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of May 22, 2017 pg 5 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the EDA meeting minutes from March 6, 2017 MOTION: Move to accept the EDA meeting minutes from May 1, 2017 pg 18 MOTION: Move to accept the Park & Recreation Commission meeting minutes from March 22, 2017 pg 24 MOTION: Move to accept the P & Z meeting minutes from May 2, 2017 pg 33 MOTION: Move to accept the Library Board meeting minutes from May 3, 2017 pg 37 MOTION: Move to accept the EDA meeting minutes from May 22, 2017 pg 42 06 -12 -2017 pg 44 City of Columbia Heights City Council Agenda June 12, 2017 Page 2 C. Approve Resolution 2017 -54 Approving State of MN Joint Powers Agreement pg 51 MOTION: Motion to waive the reading of Resolution No. 2017 -54, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department there being ample copies available for the public. MOTION: Move to approve Resolution No. 2017 -54, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department. D. Approve Resolution 2017 -62 re budget amendment (transfer of funds) pg 69 MOTION: Motion to waive the reading of Resolution No. 2017 -62, being a resolution amending the 2017 budget to use certain additional revenue, there being ample copies available for the public. MOTION: Motion to adopt Resolution 2017 -62 being a Resolution amending the 2017 budget to use certain additional revenue. pg 71 E. SECOND READING of Ordinance No. 1640 — Proposed Bar Close at 2:00 a.m. MOTION: Move to waive the reading of Ordinance No. 2017 -1640, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 2017 -1640, being an ordinance related to allowing liquor sales to occur until 2:00 am. F. Resolution 2017 -55 - Adoption of 2:00 am Bar Close Application Fee pg 75 MOTION: Move to waive the reading of Resolution No. 2017 -55, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -55, being a resolution adopting a licensing fee related to allowing liquor sales to occur until 2:00 am. G. SECOND READING of Ordinance No. 1641 - Adult Day Care Facilities Outdoor Space Requirements pg 77 MOTION: Move to waive the reading of Ordinance No. 2017 -1641, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 2017 -1641, amending Section 9.107(C)(16)(d) regarding adult day care facility outdoor space requirements. pg 79 H. City Logo and Tagline Usage Guidelines MOTION: Move to approve the City Logo and Tagline Usage Guidelines as presented. I. Public Art Standards and Guidelines pg 82 MOTION: Move to approve the Public Art Standards and Guidelines as presented. pg 84 J. Adopt Resolution 2017 -60 Approving a Cooperative Construction Agreement with MNDOT MOTION: Move to waive the reading of Resolution 2017 -60, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -60 being a Resolution approving the Cooperative Construction Agreement No. 1027707 with MnDOT for TH 65 (Central Avenue) from 47th Avenue to 51St Avenue. pg 95 K. Adopt Resolution 2017 -61 approving a Master Partnership Contract with MNDOT MOTION: Move to waive the reading of Resolution 2017 -61, there being ample copies available to the public. 2 City of Columbia Heights City Council Agenda June 12, 2017 Page 3 MOTION: Move to adopt Resolution 2017 -61 being a Resolution approving the Master Partnership Contract with MnDOT. L. Final Payment for 2016 Street Rehabilitation Zone 2 and State Aid Street Overlay, City Projects pg 115 1602 and 1605 MOTION: Move to accept the work for 2016 Street Rehabilitation Zone 2 and 2016 State Aid Street Overlay, City Project Numbers 1602 And 1605 and authorize final payment of $17,021.74 to Midwest Asphalt Corporation of Hopkins, Minnesota. M. Joint Powers Agreement with Anoka County FOR THE 40th Avenue Storm Sewer and Street pg 117 Rehabilitation Project MOTION: Move to approve a Joint Powers Agreement with Anoka County for Construction Cost Share including Administrative Services for Storm Sewer and Street Rehabilitation on 40th Avenue from Central Avenue to Reservoir Boulevard, City of Columbia Heights Project 1706. N. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 12, 2017. pg 125 O. Payment of Bills pg 127 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 165913 through 166178 in the amount of $ 756,213.04. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Repeat Service call Service Fee Appeal, 940 -391h Ave NE MOTION: Move to uphold the $250 Nuisance call for Service Fee imposed on Ken Hertz, owner of pg 137 940 -39th Ave NE. B. Resolution No. 2017 -52, a Conditional Use Permit for outdoor storage on the property located pg 144 at 725 39th Ave. NE. MOTION: Waive the reading of Resolution No. 2017 -52, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -52, being a resolution approving a Conditional Use Permit subject to certain conditions of approval. C. An appeal to the City Council, and request for a Conditional Use Permit with a waiver to a Specific pg 176 Development Standard for two K -12 Schools to operate on the property located at 3989 Central Avenue NE. MOTION: Waive the reading of Resolution No 2017 -53, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -53, being a resolution approving a Conditional Use Permit with a waiver to a Specific Development Standard, and subject to certain conditions of approval. D. Resolution No. 2017- 57, a Site Plan Review for the property located at 3989 Central Ave. NE. pg 214 MOTION: Waive the reading of Resolution No. 2017 -57, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -57 being a resolution approving a Site Plan for the proposed renovations to the property located at 3989 Central Ave. NE., subject to certain conditions of approval. City of Columbia Heights City Council Agenda 9. ITEMS FOR CONSIDERATION June 12, 2017 Page 4 A. Other Ordinances and Resolutions 1. Consideration of Resolution 2017 -58 awarding the sale of 2017A Bonds, and Resolution 2017 -59 pg 246 awarding the sale of 20178 Bonds MOTION: Move to waive the reading of Resolution 2017 -58, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -58, being a resolution awarding the sale of general obligation refunding bonds, series 2017A, in the original aggregate principal amount of $ ; fixing their form and specifications; directing their execution and delivery; and providing for their payment. MOTION: Move to waive the reading of Resolution 2017 -59, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -59, being a resolution 2017 -59, awarding the sale of general obligation refunding bonds, series 2017B, in the original aggregate principal amount of $ ; fixing their form and specifications; directing their execution and delivery; providing for their payment; providing for the escrowing and investment of the proceeds thereof; and providing for the redemption of bonds refunded thereby. 2. Resolution authorizing a tax levy increase by the City for economic development purposes. pg 298 MOTION: Move to waive the reading of Resolution No. 2017 -56, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -56, a resolution authorizing a tax levy increase by the City for economic development purposes. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Council 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, pity Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 22, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday May 22, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 7:07p.m. 2. ROLL CALL Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr., Councilmember Buesgens and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Joe Kloiber; Finance Director, Kevin Hansen; Public Works Director, Gary Gorman; Fire Chief, Joe Hogeboom; Community Development Director, Keith Dahl; Economic Development Manger and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Bill Hugo, St. Matthew Church 4. PLEDGE OF ALLEGIANCE S. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Mayor Schmitt announced the following item will be removed from the Agenda: Resolution Number 2017 -50 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by 2015 -2 IH2 Borrower LP regarding rental property at 5050 Mulcare Drive NE. City Manager Walt Fehst requested the council consider scheduling the Goals & Objectives meetings for May 31St from 5:00 -7:00 PM at the Columbia Heights Library, and a follow -up meeting on June 5t" from 4:00 -6:00 PM at City Hall. The council agreed to meet on the proposed dates. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to approve the agenda as amended. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 1. Public Works Week Proclamation Mayor Schmitt read the proclamation, and acknowledged Public Works Director Kevin Hansen for his work in the City. Councilmember Williams commended Director Hansen on the tremendous job that is done with the keeping the City parks maintained. Hansen noted that the City is fortunate to have many volunteers to assist with park upkeep. City Council Minutes 05 -22 -2017 Page 2 of 13 2. Max Richter Proclamation Mayor Schmitt read the proclamation, and announced there will be a reception for Pastor Max on Wednesday May 31st at Community United Methodist Church. 3. Boy Scout Troop 167- 50th Anniversary Celebration. Mayor Schmitt congratulated Troop 167 on their anniversary. 4. Anoka County Recycling Recognition Jesse Davies, Public Works Administrative Assistant reported that several residents were recently honored with the Anoka County Recycling Champion Award. Laura Grunloh, Jennifer Pyper -Muno (2016 winner), Stan Mraz; North Park Elementary School, Taj Kahn and Bob Odded; Kiwanis were all mentioned and thanked for their efforts. Anoka County Commissioner Jim Kordiak thanked the council for their support in continued recycling efforts. Kordiak presented the City with a certificate of appreciation for recycling 213,963 tons of material in 2016. Mr. Davies announced the Kiwanis will be opening up the Recycling Center over the Memorial Day Holiday weekend on Saturday May 27tH 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.) Mayor Schmitt requested item E be removed for discussion. A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of May 8, 2017 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Library Board minutes from April 5, 2017 C. Annual declaration that the City of Columbia Heights does NOT waive the monetary limits on the Municipal Tort Liability under Minnesota Statues, Section 466.04. MOTION: Move to declare that the City of Columbia Heights does NOT waive the monetary limits on municipal tort liability under Minnesota Statutes, section 466.04. D. Final Payment for Central Avenue Median Closure, Project No. 1410 MOTION: Move to accept the work for Central Avenue (TH 65) Median Closure for Columbia Heights Public Library, Project No. 1410, and authorize final payment of $3,695.25 to Midwest Asphalt Corporation of Hopkins, Minnesota. E. Public Hearing Request for Proposed Establishment of the 47th and Grand TIF District *Removed for Discussion. F. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for May 22, 2017, in that they have met the requirements of the Property Maintenance Code. City Council Minutes 05 -22 -2017 Page 3 of 13 G. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 22, 2017. H. 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 165720 through 165912 in the amount of $858,572.45. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr. to approve the Consent Agenda items A, B, C, D, F, G, and H. All Ayes, Motion Carried. The following item was removed for discussion: E. Public Hearing Request for Proposed Establishment of the 47th and Grand TIF District Keith Dahl, Economic Development Manager reported that Dominium has requested public financial assistance form the Columbia Heights Economic Development Authority (EDA) for the redevelopment of the property located at the corner of 47th and Grand Avenue NE. Dahl reported that City Staff is working with our financial consultant to determine the developer's need for assistance. Dahl explained that tonight's item is simply to schedule the Public Hearing for July 10, 2017. City Manager Walt Fehst questioned the process if the TIF District is granted, and the project is unable to be completed. Dahl stated all TIF agreements contain a condition allowing for the EDA to decertify the district in the event the developer defaults. Councilmember Williams questioned if the Dominium project on 37th and University is in a TIF district. Dahl reported the district was established long before the project began. Motion by Councilmember Williams, seconded by Councilmember Novitsky to waive the reading of Resolution 2017 -51, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Buesgens to adopt Resolution 2017 -51, a resolution calling for a public hearing by the City Council on the proposed modification to the Downtown Central Business District (CBD) Revitalization Plan for the Downtown CBD Redevelopment Project and the establishment of the 47th and Grand Tax Increment Financing District. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Adopt Resolution for Emergency Abatement - 4329 Main St NE Fire Chief Gary Gorman reported the property was found damaged and unsecured. The city hired a contractor to secure the property. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution 2017 -45, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution Number 2017 -45, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion Carried. 7 City Council Minutes 05 -22 -2017 Page 4 of 13 B. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 726 40th Avenue NE and 4240 Stinson Blvd. NE for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported the property at 726 401h Ave NE needed address numbers installed on the garage. The property at 4240 Stinson Blvd required replacement of hanging soffit and fascia. Motion by Councilmember Buesgens, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Numbers 2017 -46 and 2017 -47, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to adopt Resolution Number 2017 -46, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion Carried. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr. to adopt Resolution Number 2017 -47, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C. Consideration of revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental properties at 3804 5th Street NE and 4653 Tyler Street NE (5050 Mulcare Drive NE has been removed from the agenda) for failure to meet the requirements of the Residential Maintenance Codes. Fire Chief Gary Gorman reported the property at 3804 5th St NE failed to submit their rental application and fees. The property at 4653 Tyler St NE failed to submit the renewal rental fee and schedule the required inspection. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Numbers 2017 -48, and 2017 -49 being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn Jr. to adopt Resolution Number 2017 -48, being Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to adopt Resolution Number 2017 -49, being Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. First Reading Ordinance No. 1640 — Proposed Bar Close at 2:00 a.m. Joe Hogeboom, Community Development Director reported a business owner the community has requested to serve liquor until 2:00 AM in order to keep with competition. Hogeboom reported the neighboring cities of Minneapolis, Fridley and New Brighton all have 2:00 AM licensing available. Police Chief Scott Nadeau reported he has no concerns at this time with offering the 2:00 option. Hogeboom reported there are City Council Minutes 05 -22 -2017 Page 5 of 13 currently 10 establishments holding a liquor license in Columbia Heights, six are for full liquor, four are beer and wine only. Staff is proposing an additional $300 fee, in addition to the State's fee of $200 - $1000. Hogeboom commented that there are some areas of confusion in the code pertaining to Sunday sales. For consistency purposes it was recommended to allow opening at 10:00 AM on Sundays for all establishments, and to include this change in the ordinance. Motion by Councilmember Williams, seconded by Councilmember Novitsky to waive the reading of Ordinance No. 2017 -1640 as amended, as there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Novitsky to set the second reading of Ordinance No. 2017 -1640 as amended, being an ordinance related to allowing liquor sales to occur until 2:00 am, to June 12, 2017. All Ayes, Motion Carried. 2. First Reading of Ordinance No. 1641 - Adult Day Care Facilities Outdoor Space Requirements Joe Hogeboom, Community Development Director reported at the April Work Session, the City Council discussed regulations for Adult Day Care facilities. The City of Columbia Heights currently requires 150 square feet of outdoor space available on site for each adult at the facility under care. The state of Minnesota, which regulates and provides licensing for adult day care facilities, does not require that outdoor space be provided. Staff polled a number of communities, and discovered that many do not require that outdoor space be provided for adult day care facilities. Staff is proposing a general 150' outdoor space requirement. If the applicant is unable to meet the requirement, staff is proposing allowing the applicant to provide a written alternative for meeting recreation needs for clients. Hogeboom indicated there is currently one licensed facility in the City. This facility does not meet the outdoor space requirement; however it has been grandfathered in. DeWayne Morell -4212 Reservoir Blvd was concerned about smokers and non - smokers sharing the same 150' space. Director Hogeboom indicated the area could be designated "Non- smoking." Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Ordinance No. 2017 -1641, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Novitsky, seconded by Councilmember Williams to set the second reading of Ordinance No. 2017 -1641, amending Section 9.107(C)(16)(d) regarding adult day care facility outdoor space requirements, to June 12, 2017. All Ayes, Motion Carried. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Council Councilmember Williams reported the School District recently awarded $245,000 in scholarships. Councilmember Novitsky attended the Silverwood Art Fest, North Park Elementary barbeque and 2nd grade track & field event. Dominium held an informational meeting at the library regarding a proposed housing project at 47th and Grand, Novitsky attended the meeting. DI City Council Minutes 05 -22 -2017 Page 6 of 13 Councilmember Buesgens attended the School Board meeting, the Community Prayer Breakfast and Coffee with a Cop. Buesgens reported the HeightsNext group will be discussing merging with the Farmer Market group at an upcoming meeting. Mayor Schmitt thanked Councilmember Buesgens for her assistance with the Prayer Breakfast. Schmitt reported 177 people attended, over $200 was collected in the red kettles, and $1,200 was donated to the Kiwanis Key Club. Schmitt reported a group of 2nd graders from North Park Elementary visited City Hall on May 11th. Many of the garage sales scheduled for May 20th closed up early due to rain, Schmitt was able to attend 13 of the 35 registered sales. Mayor Schmitt announced Anoka County and the City of Columba Heights have Memorial Day events planned. The Community Picnic is scheduled for June 7th at Huset Park. Report of the City Manager City Manager Walt Fehst reported city departments have participated in a communications audit, more information will be available in the coming weeks. 11. CITIZENS FORUM DeWayne Morrell -4212 Reservoir Blvd. requested the City look into the display practices at the Aldi store, as it could block escape for customers. Mr. Morrell asked what the procedure is regarding follow up with residents. City Manager Walt Fehst responded staff will follow up based on the complaints. Mayor Schmitt suggested Mr. Morrell contact the City with specific concerns. Frost Simula -1700 491h Ave NE requested the City consider ways to make meeting materials more accessible. 12. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Williams to adjourn. All Ayes, Motion Carried. Meeting adjourned at 8:30 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION 2017 -45 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 Bart Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E. Columbia Heights, Minnesota. 10 City Council Minutes 05 -22 -2017 Page 7 of 13 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 4, 2017 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was damaged, open, and unsecured. 2. That on May 4, 2017 the Fire Chief ordered that Advanced Companies secure the 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 4329 Main Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 4329 Main 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 4329 Main Street N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. RESOLUTION 2017 -46 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Sammy Peters (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 726 40th Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 18, 2017. 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 4. That on March 10, 2017, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 5. That on April 18, 2017, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 6. That on May 9, 2017, inspectors re- inspected the property and found that violations remained uncorrected. 7. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install address numbers on garage. "i City Council Minutes May 22, 2017 Page 8 of 13 8. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 3. That the property located at 726 40th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 4. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 5. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 2. The property located at 726 40th Avenue N.E. constitutes a nuisance pursuant to City Code. 3. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2017 -47 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Richard C. Miller (hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4240 Stinson Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 3, 2017. 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 9. That on December 9, 2016, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 10. That on May 2, 2017, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 11. That on May 11, 2017, inspectors re- inspected the property and found that violations remained uncorrected. 12. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: City Council Minutes May 22, 2017 Page 9 of 13 A. Shall repair /replace hanging soffit /fascia on north and south sides of home. 13. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4240 Stinson Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 7. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 8. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 4. The property located at 4240 Stinson Blvd. N.E. constitutes a nuisance pursuant to City Code. 5. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2017 -48 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Deqa Hussein (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3804 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 5, 2017 of a public hearing to be held on May 22, 2017. 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 or about March 1, 2017, and April 1, 2017, inspection office staff sent letters requesting the owner of the property submit the rental license application for this property. The letters were mailed by regular mail to the owner at the address listed in the property records. 2. That on May 5, 2017, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of 13 City Council Minutes May 22, 2017 Page 10 of 13 the City's Property Maintenance Code were found to exist, to -wit: a. Failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F15304 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2017 -49 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Pyramidgroup LLC (hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4653 Tyler St. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 25, 2017 of a public hearing to be held on May 22, 2017. 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 or about April 25, 2017, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 9, 2017, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Failure to submit renewal rental license application and fees. b. Failure to schedule interior inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the 14 City Council Minutes May 22, 2017 Page 11 of 13 appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F15408 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2017 -51 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED MODIFICATION OF THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE DOWNTOWN CBD REDEVELOPMENT PROJECT AND THE PROPOSED ESTABLISHMENT OF THE 47`' AND GRAND TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TIF PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council ") for the City of Columbia Heights, Minnesota (the "City "), as follows: Section 1. Public Hearing. This Council shall meet on July 10, 2017, at approximately 7:00 P.M., to hold a public hearing on the proposed modification of the Downtown Central Business District (CBD) Revitalization Plan for the Downtown CBD Redevelopment Project (the "Modification "), the proposed establishment of the 47th and Grand Tax Increment Financing District (a housing district), and the proposed adoption of a Tax Increment Financing Plan ( "TIF Plan ") therefor, all pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, and Sections 469.174 to 469.1794, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City. Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with the City's consultants to prepare the Modification and TIF Plan and to forward the Modification and TIF Plan to the appropriate taxing jurisdictions, including Anoka County and Independent School District No. 13. The City Clerk is authorized and directed to cause notice of the public hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to July 10, 2017, and to place a copy of the Modification and TIF Plan on file in the Deputy Clerk's office at City Hall and to make such documents available for inspection by the public. ORDINANCE 1640 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO LIQUOR, BEER AND WINE LICENSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: SECTION 1: § 5.502 3.2% MALT LIQUORS (BEER). City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: 11.1 City Council Minutes May 22, 2017 Page 12 of 13 (3) No sale of 3.2% malt liquor (beer) may be made between 24:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 24:00 a.m. and 10-2-:00 a.m. neon on Sunday. SECTION 2: § 5.503 ON -SALE CLUB LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (2) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal Liquor Stores, and between the hours of 10:00 a.m. on Sundays and 24:00 a.m. on Mondays; and SECTION 3: § 5.504 ON -SALE CLUB LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (1) No sale of aRy 9F intoxicating liquor may be made between 24:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 24:00 a.m. and 10-2-:00 a.m. peen on Sunday. SECTION 4: § 5.505 INTOXICATING LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (M) No sale of intoxicating liquor for consumption on a licensed premises may be made between 24:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 24:00 a.m. and 10 -2:00 a.m. Been on Sunday. SECTION 5: § 5.506 ON -SALE WINE LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (0) No sale of wine may be made between 24:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 24:00 a.m. and 102-:00 a.m. eeeH on Sunday. SECTION 6: § 5.508 SUNDAY ON -SALE LIQUOR LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (A) Establishments to which on -sale licenses have been issued or hereafter may be issued, pursuant to §§ 5.502 and 5.503 may serve intoxicating liquors between the hours of 10:00 a.m. on Sunday and 24:00 a.m. on Mondays in conjunction with the serving of food, provided that such establishment is in conformance with the Minnesota Clean Air Act. 16 City Council Minutes May 22, 2017 Page 13 of 13 SECTION 7: § 5.510 ON -SALE TEMPORARY LIQUOR LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (1) No licensee of his agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 2 -1:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 2 -1:00 a.m. and 10 -2:00 a.m. Ree+R on Sunday. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any intoxicating liquor between the hours of 2:00 449 a.m. and 8:00 a.m. Should the Council decide to additionally restrict the hours of sale in granting the license, no licensee or his or her agent may sell or permit the sale of intoxicating liquor at any time not specifically allowed in such license. ORDINANCE 1641 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO ADULT DAY CARE ZONING REGULATIONS The City of Columbia Heights does ordain: SECTION 1: §9.107 SPECIFIC DEVELOPMENT STANDARDS. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (C)(16)(d) For adult day care facilities, at least 150 square feet of outdoor area for seating and exercise shall be provided F^p ^ -r-" RdeF eaFe If 150 square feet of outdoor is not available on the site, the property owner must submit a written proposal that demonstrates recreational activities for adults under the facility's care will be provided off -site. The City Manager, or his or her designee is authorized to approve or deny this proposal. This Ordinance shall be in full force and effect from and after 30 days after its passage. 17 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF MARCH 6, 2017 The meeting was called to order at 6:30 pm by President Szurek Members Present: Schmitt, Williams, Buesgens, Murzyn, Herringer, and Szurek Staff Present: Kelli Bourgeois, Keith Dahl, and Shelley Hanson PLEDGE OF ALLEGIANCE- RECITED CONSENT ITEMS 1. Approve the Minutes from February 6, 2017— 2. Approve the Financial Report and Payment of Bills for January 2017 on Resolution 2017 -06. Questions by Members: No questions or comments. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2017 -06 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to approve the Minutes of February 6, 2017, and the Financial Report and Payment of Bills for January, 2017 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2017-06 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Month of January, 2017 and the Payment of the Bills for the Month of January, 2017. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and 18 EDA Minutes Page 2 February 6, 2017 WHEREAS, the financial statements for the month of January, 2017 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 6th day of March, 2017. Motion by: Seconded by: BUSINESS ITEM 1. Single Family Home Lot Sales Program- Concept Application Approval for 4647 Polk Street Dahl told members that The Columbia Heights Economic Development Authority (the "EDA ") has received a completed concept application from Tollberg Homes offering $25,000 for the purchase of the property located at 4647 Polk Street NE (the "Property"). The Property is part of the Single Family Home Lot Sales Program, which was established by the EDA in 2015 to stabilize and increase property values in the Heritage Heights Neighborhood. Dahl reminded members this is the parcel we just purchased back from the Pepples. The program's lot prices are based upon the estimated market land value for each individual property. However, the EDA has the right to review and adjust lot prices periodically provided that sufficient evidence supports the lots price reduction. ig EDA Minutes Page 3 March 6, 2017 The 2017 Estimated Market Land Value for this particular property is $51,300. However, in speaking with various home builders and realtors, staff received comments that the lots located in the Heritage Heights neighborhood, are generally lower in value than other properties throughout the City. Tollberg Home's offer of $25,000 is around what the EDA can expect to sell this property for. Dahl told members the lot was sold for $7,500 a few years back to the Pepples. Since land prices have increased since that time, this offer is more in line with today's market. The new price will cover any legal fees we incurred during the reverter process. Along with a completed concept application, Tollberg Homes has submitted a written letter of intent and an example house plan. The example house plan is only a representation of what Tollberg Homes intends to construct on the Property. For consideration tonight is the concept approval of the submitted application by Tollberg Homes. If the EDA approves the concept approval, staff will work with Tollberg Homes to determine specific house plans and to prepare a Purchase and Redevelopment Agreement for the next EDA meeting on April 3, 2017. Staff recommends approval of the concept application submitted by Tollberg Homes as presented. Questions by members: Herringer asked if there have been any problems with Tollberg Homes during the construction of the others they have done in that area. Dahl said there haven't been any problems. He went on to explain that the language in the Purchase and Redevelopment Agreement has been changed and the lot is being sold "as is ", and the deposit is non - refundable regardless if there are any problems with soil conditions. Szurek asked what the proposed home will sell for. Dahl said that Tollberg estimates it will sell for $230,000. Dahl said the four he has built thus far have sold for $190,000 - $210,000. Schmitt noticed the example plan only had two bedrooms and she wanted to make sure the EDA wasn't approving that plan at this meeting. Dahl told her that was correct, and that the actual plan will be considered at the next meeting. Herringer asked how we make sure these properties remain owner occupied which is a requirement of the program. Dahl said that staff has made special notations in permit works which flags the property for 10 years to make sure that no one can come in to obtain a rental license. 20 EDA Minutes Page 4 March 6, 2017 Motion by Buesgens, seconded by Williams, to approve the concept application submitted by Tollberg Homes for the property located at 4647 Polk Street NE, Columbia Heights, MN 55421. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to authorize staff to work with Tollberg Homes to determine specific house plans for the construction of a single-family home and to prepare a Purchase and Redevelopment Agreement for consideration at the next EDA meeting on April 3, 2017. All ayes. MOTIONPASSED. OTHER BUSINESS: MEMBERSHIP OF THE EDA Dahl reminded members that on February 6, 2017, the Columbia Heights Economic Development Authority (EDA) discussed information about membership requirements, vacancies, appointments, and term lengths for EDA commissioners. Legal counsel was present to address questions and/ or concerns EDA commissioners had pertaining to requirements set forth by Minnesota State Statutes, Sections 469.090 to 469.1081 (EDA Act). One question raised by EDA Vice President, Schmitt was in regards to the number of commissioners constituting. the EDA. Legal counsel stated that the maximum number of EDA commissioners may not exceed a nine - member authority; however, this is incorrect as the EDA Act states an EDA shall consist of a three, five, or seven - member authority. Thus, Dahl told members that the EDA may not increase the number of commissioners constituting it. If the EDA still desires to make any structural change to its current membership, it is not necessary to make any formal changes to either the enabling resolution or the bylaws of the EDA; rather changes may simply be made by appointments of different commissioners when terms expire. The following list is for reference to when terms expire for EDA commissioners: 2017 EDA Commissioners Term Ends Herringer, Gerry January 2, 2018 Szurek, Marlaine January 2, 2018 Murzyn Jr., John January 7, 2019 Schmitt, Donna January 7, 2019 Buesgens, Connie January 4, 2021 Williams, Bobby January 4, 2021 Therefore, Staff doesn't recommend any changes to be made at this time. 21 EDA Minutes Page 5 March 6, 2017 SINGLE FAMILY HOMES ALONG CENTRAL AVE- DISCUSSION On February 6, 2017, the Columbia Heights Economic Development Authority (EDA) reviewed accomplished projects in 2016, but also discussed several projects, programs, and objectives commissioners desired to see initiated and/ or completed in 2017. One of the proposed objectives mentioned by EDA commissioner, Buesgens and EDA Treasurer, Williams was related to the property acquisition of legal non - conforming, single - family homes and/ or properties that have the potential to become illegal non - conforming, single - family homes along Central Avenue. A non - conforming, single - family home is a residential dwelling that is located within a commercial zoning district that has been grandfathered in to the commercial zoning designation. Whereas, an illegal non - conforming, single - family home is a residential dwelling that converted into a commercial use before it converted back into a residential use. Previously, staff mapped out twelve (12) properties in the Central Business District that were either a non - conforming, single - family home or a property that had potential to become an illegal non - conforming, single - family home. However, the EDA requested more information about all instances along Central Avenue. Dahl provided members with a spreadsheet that identified all twenty -two (22) instances where single - family homes were located in commercial zoning districts along Central Avenue. These properties where identified by inventorying Central Avenue, as well as reviewing their 2016 tax classification. There were fourteen (14) instances of a non - conforming, single- family home and nine (9) instances of a property that has potential to become an illegal non - conforming, single - family home. Since the existing homes have a lower tax base than if they were commercial sites, the EDA may want to consider purchasing these as they become available. Staff has determined that if the EDA purchased every property at the 2017 estimated market value, the EDA could expect to pay around 2.8 million, which doesn't include any professional service fees. Overall, this objective will take several years to accomplish, but staff will continue to keep the EDA apprised of any properties that become available from the list. Questions /comments from members: Herringer asked if we could attempt to enter into 1St Right of Refusal Contracts with those owners willing to do so. He said this may help owners decide they'd like to sell if they know there is an interested party, and it would help prevent us missing any properties that go on the market. 22 EDA Minutes Page 6 March 6, 2017 Buesgens asked what the tax difference is between residential and commercial. Dahl said he would have to check with Anoka County to see what that amount is. Buesgens then asked if we could go after Real Estate agents for falsely advertising property. She also suggested that it might be possible for us to purchase the houses, then to re -sell them so they can be moved off site. Dahl told members if they are interested in pursuing this idea that they will have to look at sources of revenue and to budget an amount every year in order to purchase these properties. He stated that we wouldn't be able to buy them all at once, and they won't become available all at once. It is something that staff will have to monitor. There was a brief discussion about the re- zoning of these properties to commercial and whether we should re -zone them back to residential or create an ordinance preventing them from being used as commercial. Dahl told members the re- zoning was done to phase in these properties to commercial use over time as it was the long range plan the City wanted to happen. The consensus of the board was to look for funding and move ahead with trying to obtain these properties if, and when, we are able to do so. UPDATES Szurek asked if Hy -Vee was still on schedule to begin construction soon. Dahl reported that he spoke with representatives from Hy -Vee this week and they plan on starting remediation of the old Rainbow Store in late spring or early summer. They will also start construction of the new convenience store /gas station on 47th and Central at the same time. Dahl said they will put signs up to announce "coming soon ". They expect to open mid- 2018. The meeting was adjourned at 7:10 pm. Respectfully submitted, Shelley Hanson Secretary 23 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF MAY 1, 2017 The meeting was called to order at 6:38 pm by President Szurek Members Present: Williams, Buesgens, Murzyn, Herringer, Schmitt, and Szurek Staff Present: Walt Fehst, Keith Dahl, and Shelley Hanson. Also present was newly appointed Councilmember Nick Novitsky. PLEDGE OF ALLEGIANCE- RECITED CONSENT ITEMS 1. Approve the Minutes from April 3, 2017 2. Approve the Financial Report and Payment of Bills for March 2017 on Resolution 2017 -10. Questions by Members: Dahl reported to members that another invoice from Centerpoint Energy was paid this month for the old Library property. Dahl said he has confirmed with both Centerpoint and Xcel that there won't be any more invoices billed to the City. He told members that the 420 fund will be reimbursed for approximately $3,500. Motion by Murzyn, seconded by Schmitt, to waive the reading of Resolution 2017 -10 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Murzyn , seconded by Schmitt, to approve the Minutes of April 3, 2017, and the Financial Report and Payment of Bills for March, 2017 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2017-10 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Month of March, 2017 and the Payment of the Bills for the Month of March, 2017. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and 24 EDA Minutes Page 2 May 1, 2017 WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statements for the month of March, 2017 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 1st day of May, 2017. Motion by: Seconded by: BUSINESS ITEM 1. NORTHEAST BUSINESS CENTER BUILDING REMODEL UPDATE Nancy Aleksuk from Swervo Development was present along with the Architects to show EDA members their proposed plans and renderings for the Northeast Business Center Building located at 3989 Central Avenue. Fehst said this presentation is informational only and that members are free to ask questions. However, members should hold their opinions to themselves as this will come before the Planning & Zoning Commission and City Council in June. Dean Devolis, Architect, stated they had submitted their Site Plan and CUP applications to the City earlier in the day. He reviewed their plan to use the majority of the building as a Science and 25 EDA Minutes Page 3 May 1, 2017 Technology Charter School K -12, along with moving the Adult Education Center to the top floor, and to establish retail and a coffee shop on the first floor near the front entrance. They plan on creating a two level playground along the 40d' Avenue side and to add an outside patio area along the Central Avenue side near the coffee shop. New landscaping would be planted to improve the appearance all around the building. Fehst asked if the Charter school would be the major tenant. Devolis stated that the Charter school would use about 65 -70% of the space. Herringer asked what Charter School is moving into this space. Aleksuk stated that the Charter School is presently located in south Minneapolis and will be combining with another one that is just starting up. They will work together under one management team. She said the Adult Education Center is the one serving Fridley and Columbia Heights that is presently located in the 4111 Central Avenue building. Their lease ends at the end of June at that site. Aleksuk went on to tell members that the Adult Education Center and the businesses on the first floor will use the front entrance on the southwest corner of the building. The Charter school will use the back entrance. Buesgens questioned whether they had tried to find businesses interested in leasing the space instead of a school. Aleksuk said she worked at leasing to a large office use such as a call center or something similar, but was unable to secure this type of tenant. She said they need a high density user in order to keep the building viable. Herringer asked how this would affect the property taxes this building should generate. He was concerned that it would become tax exempt if used as a school. Devolis stated the building remains on the tax rolls and would pay the same as any other office use. Charter Schools do not own property and are required to lease their space so that they don't become tax exempt like property owned by Public School Districts. Devolis then reviewed the traffic plan including buses and drop off areas. He said the high school students will use public transportation and the younger students will be bused. He said he estimates 8 buses and they have the room to stack them according to the study they had done. The parent drop off area will be located on the 2nd level of the parking ramp so congestion on the lower level will not be an issue. Schmitt said she had concerns about playground equipment such as balls going over the side of the upper level and hitting vehicles on the streets. Devolis said there will be an 8 foot high fence surrounding the upper level play area and that netting may also be added to prevent this from happening. Williams asked when they hoped to have the building occupied. Aleksuk said construction would happen fast and all at once. The Adult Education Center needs a new location by July 1" and the Charter School would like to be open by September when the new school year starts. Fehst asked 26 EDA Minutes Page 4 May 1, 2017 how many students they expected. Devolis said the Charter School expects about 350 students and the Adult Education Center varies. Schmitt asked Aleksuk if she was aware there are several other coffee shops in town now. She noted that Starbucks will be locating at the new development at 47t" and Central Ave as well as the existing one at 53rd and Central. There also is the new one on 40th Avenue by City Hall. Aleksuk said she thinks the coffee shop will do well since the Adult Education Center will be located in the same building so it will be convenient for those attendees. Schmitt then asked where lunches will be served. Devolis said the lunches are catered in as there is not a kitchen facility. They will be served on the 1 st floor in the gymnasium area. Schmitt said the school may be able to partner with the Methodist Church or the Heights Theater for their auditorium space. She noted the Dairy Queen will probably see an increase in business also. 2. CENTRAL AVENUE- SINGLE FAMILY HOMES ACQUISITION DISCUSSION Dahl passed out a letter that staff prepared to be sent out to owners of properties along Central Avenue, informing them that the City may be interested in purchasing their property if and when they decide they want to sell. Staff suggests reaching out to Real Estate Agents to alert us of owners who wish to sell. Buesgens asked if should mention Right of 1 st Refusal in the letter. Dahl said he would like to run that by a Real Estate Agent as it may be expensive to pursue that. He said the best bet may be to be notified when properties become available and then to make an offer. Some of these properties have recently been sold without officially going on the market so it is hard for the City to take any action. He said that agents have networking capabilities that may help us in this effort. The Board was in agreement for staff to reach out to Real Estate Agents. 3. GRAND CENTRAL LOFTS DEVELOPMENT UPDATE Dahl passed out a memo prepared by Martha Ingram, Legal Counsel from Kennedy & Graven regarding the provisions of the Master Declaration for Grand Central Master Association and the rights the association may have related to the sale and development of the remaining property. Ingram's memo states that an amendment was executed and recorded by the Master Assoc in 2010 with the consent of the Master Declarant, and modifies the Declaration in several ways. Most relevant to the question of the Master Association's rights with regard to development of the Development Area is the fact that the Amendment releases Lots 1 and 2, Block 1, Grand Central Lofts, as well as Outlot A, Grand Central Lofts (the "Released Property "), from the Master Declaration. Section A of the Amendment provides in relevant part as follows: 27 EDA Minutes Page 5 May 1, 2017 Effective upon recording this Amendment, the Released Property shall be and hereby is released from the lien of the Master Declaration and de- annexed from the Property, and the Released Property shall no longer be subject to or benefited by the covenants, restrictions, easements, charges, liens, rights and benefits provided for in the Master Declaration. The Amendment was recorded with the Anoka County Recorder, and has therefore taken effect. The Amendment is significant because by releasing the Released Property from the Declaration, the Association and the ARC no longer have the right to approve or disapprove any proposed development on the Released Property. The Released Property is therefore subject only to the usual City planning and zoning requirements. Dahl said they have no real say except as any resident in a public hearing forum. It is important to note that under the Amendment, the Master Declarant retains the right, but not the obligation, to add all or a portion of the Released Property to the Development Area, but that otherwise the Master Declarant "may develop it for any purpose consistent with applicable governmental requirements." Though not expressly stated, presumably the Master Declarant's right to develop the Released Property includes the right to sell the Released Property to a third party for development. Dahl told members there is an interest in developing the property with rental buildings. The plan is to construct "work force" affordable housing. The City may receive plans for the July meetings for consideration. Questions /Comments from members: Herringer asked how the amendment in 2010 got passed. Dahl said the Owner /Developer brought it to the HOA Board for consent and the homeowners association approved it. It is possible that they weren't aware that they were giving up these rights. Dahl told members the proposed plan is to construct 1, 2, and 3 BR apartments which will look similar to the existing condo building. He said there are several levels of affordable housing and the developer will explain this to the City Council at a later date. He said the "work force" affordable housing proposed requires that residents must meet the threshold of 60% of the median income. Section 8 housing would not be included or allowed according to the proposed plan. Dahl said the interested Developer is holding an informational neighborhood meeting at the Library on May 17"' from 6:30 -9:00 pm. to discuss the proposal. Buesgens wants all the residents from the Grand Central Development notified of the meeting. Fehst reminded members that the EDA previously turned down a plan about 5 years ago as the HOA was against this type of development. At that time the EDA decided to give the economy some time to see if the Condo Market would come back. However, Developers still are not pursuing the construction of condo buildings. Staff will keep the EDA apprised of any updates. 28 EDA Minutes Page 6 May 1, 2017 4. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY 2017 LEVY DISCUSSION. Dahl explained that on April 3, 2017, the Columbia Heights Economic Development Authority (EDA) discussed the 2017 EDA levy due to the increased capital that will be required to fund planned projects and programs in 2018. The three main projects and programs that commission members desire to see initiated in 2018 are as followed: acquisition of single - family homes and residential structures that used to be single - family homes along Central Avenue; implementation of a low- to no- interest loan program for home renovation improvements; and business retention & expansion program. At the end of the previous discussion, the EDA requested that staff prepare a scenario analysis to formulate different options of fund sources available. Therefore, a scenario analysis has been prepared to explain the three alternative funding options available for consideration. Please note: 2016 levies (Payable in 2017) have been used as a constant variable throughout the analysis to show similarities and differences between the three alternative funding scenarios. Scenario A — Maintain Current Fund Sources: • Participate in the Anoka County Housing & Redevelopment Authority's ( ACHRA) economic development activities for another five (5) years • Preserve the 2017 EDA levy at or around the previous year's levy Scenario "A" would not alter, but maintain the current status of fund sources used by the EDA for housing and economic development activates. Currently, all EDA fund sources are used to cover operating expenses except the levy administered by the ACHRA. Thus, $1 37,977.10 was made available to the EDA for redevelopment projects. The EDA is able to access these funds through application to Anoka County requesting reimbursement for a project that qualifies as an economic development activity. The table below shows the current funds sources used by the EDA. HRALevv I FDA Lew I AC14PAT.nvv Levy Percentage .0185% .0074188 % N /Ayv Levy Amount $ 209,468.00 $ 84,000.00 $ 137,977.10 Scenario B — Maximize Fund Sources: • Participate in the ACHRA economic development activities for another five (5) years • Increase the 2017 EDA levy to the statutory levy limit Scenario "B" maximizes the amount of EDA funds available for housing and economic development activates. The EDA would be able to maximize its fund sources by participating in the ACHRA for another five (5) years and increasing the EDA levy from .0074188% to the statutory levy limit of .0185 %. Based on the numbers in the table below, the EDA would 29 EDA Minutes Page 7 May 1, 2017 realize a fund increase in the amount of $125,468. Thus, bringing the total of annual funds available to the EDA for housing and economic development activates to $263,445.10. The impact to tax payers would account for a property tax increase of $20 - $25 annually for a resident who owns a property at an estimated market value of $200,000. HRA Levy EDA Levy ACHRA Levy Levy Percentage .0185% .0185% N/A Levy Amount $ 209,468.00 $ 209,468.00 $ 137,977.10 Amount of Change N/A $ 125,468.00 N/A Scenario C— Optimize Fund Sources: • Discontinue ACHRA economic development activities participation • Increase the 2017 EDA levy to the statutory levy limit Scenario "C" optimizes the amount of fund sources to provide relief to tax payers, but decreases the overall total funds available to the EDA for housing and economic development activates. If the EDA determines to discontinue participation in the ACHRA economic development activities, the decreased amount realized by the absence of the ACHRA levy would be greater than the amount of an EDA levy increase to the statutory levy limit. Thus, the EDA would realize a fund source decrease in the amount of $12,509.10. The impact to the tax payers would account for a property tax decrease in the amount of $7 - $10 annually for a resident who owns a property at an estimated market value of $200,000. (Please note: the property tax decrease accounts for the 15% administration fee deducted by ACHRA from its levy. The ACHRA levy collected $162,326 from its 2016 levy payable in 2017, of which $137,977.10 was available to the EDA.) STAFF RECOMMENDATION: No recommendation; however, staff would like to mention that the City will need to adopt a resolution stating the intentions to either participate for another five years or withdraw participation from the ACHRA. If the City decides to withdraw participation, a resolution will need to be adopted prior to the anniversary date of Resolution 2012 -142, as well as provide notice to the ACHRA neither less than 90 days nor more than 180 days prior to November 13, 2012 (May 17, 2017 — August 15, 2017). No motions are required at this time, but staff would like direction from the EDA on which fund source scenario to pursue. 30 HRA Levy EDA Levy ACHRA Lev Levy Percentage .0185% .0185% N/A Levy Amount $ 209,468.00 $ 209,468.00 N/A Amount of Change N/A $ 125,468.00 ($ 137,977.101 STAFF RECOMMENDATION: No recommendation; however, staff would like to mention that the City will need to adopt a resolution stating the intentions to either participate for another five years or withdraw participation from the ACHRA. If the City decides to withdraw participation, a resolution will need to be adopted prior to the anniversary date of Resolution 2012 -142, as well as provide notice to the ACHRA neither less than 90 days nor more than 180 days prior to November 13, 2012 (May 17, 2017 — August 15, 2017). No motions are required at this time, but staff would like direction from the EDA on which fund source scenario to pursue. 30 EDA Minutes Page 8 May 1, 2017 Schmitt asked if we had utilized the full amount each year. Dahl said we haven't always used the full amount, but funds from several years can be used toward a project such as the purchase and demolition of the Mady's site. He reported that as of December 31, 2016 the remaining balance of ACHRA funds was $375,000 not including any amount collected in 2017. Schmitt asked if we decide not to participate in this program for another five years, does Anoka County send us the remaining funds so we can use them for re- development projects or do we have to go through the reimbursement process of projects to spend it down. Dahl said that is unclear as there is no joint powers agreement with Anoka County regarding this scenario. He is not aware of any other cities who also participate in ACHRA having established a joint powers agreement with the County. Fehst said it is something that could end up as a legal battle even though the money was collected from our residents. There was a discussion regarding the 15% administration fee that Anoka County charges to oversee the reimbursement program. Everyone on the Board thought this was an excessive amount. Dahl said it may be possible to try and negotiate the administration fees down to a more acceptable level. Herringer asked how long we have participated in the ACHRA program. Dahl said it started in 2007. Herringer then asked if we dropped out for one year, can we rejoin after one year or do we have to wait for 5 years since the renewal to participate is done for a five year timeframe. Williams thought it would be good to clarify that before dropping out of the program. There was more discussion about how to raise funds for re- development without participating in the ACHRA program. Each scenario presented was discussed at length as well as raising the EDA levy to the statutory limit and to also increase the General taxes in order to pay for re- development projects. This would avoid giving money to Anoka County paid for by our residents that should be used for development projects in our City. Buesgens thought we should go with Scenario B or raise a comparable amount through taxation to maximize our chance to make improvements while funds are available. It is an investment in our City and her supporters think the same. Schmitt clarified that the HRA and EDA funds are presently used to cover expenses, and we use the ACHRA funds for any re- development projects. If we raise the EDA levy to the amount allowed, then those excess funds can be used for development expenses. She asked if there were any other grant or funding programs available. 31 EDA Minutes Page 9 May 1, 2017 Dahl said that most of the grant programs have strict requirements for the use of the funds. He noted that CDBG funding could be cut according to proposals on the Federal level. The Met Council has some funds available but they tend to be for transit oriented projects, or for affordable housing. There are some funds that we have utilized in the past for remediation and clean -up of sites. Dahl said he isn't aware of any funds for streetscaping or town center type improvements. The grant funding tends to be for very specific parts of a project therefore, the City must have separate funds to complete an entire project. The overall consensus of the Board was as follows: *Schmitt favors Scenario C -she is opposed to paying the Administration Fee and losing our own money. *Buesgens favored Scenario B -It is a good time to maximize the funding for investing in our City. *Murzyn favored Scenario C- unless the County would negotiate a lower administrative fee *Szurek favored Scenario B if the administrative fee could be lowered. If not, then she favors 4CU *Herringer favored Scenario B -He wants to see the focus on Central Avenue and not worry about home improvement loan programs or business fix up funds for now. *Williams favored Scenario B -he agreed with Buesgens that we should maximize the funding for investing in our City. *Novitisky (not a voting member at this time) favored Scenario C -he is opposed to paying the administrative fee also. The meeting was adjourned at 8:10 pm. Respectfully submitted, Shelley Hanson Assistant Secretary 32 COLUMBIA HEIGHTS Park & Recreation Commission Minutes of the Meeting John P. Murzyn Hall March 22, 2017 David Payne called the meeting to order at 5:38 p.m. Roll Call Members present: Anne Carder, Sean Clerkin, Tom Greenhalgh, Kevin McDonald, David Payne, Marsha Stroik Staff present: Kevin Hansen, Public Works Director; Keith Windschitl, Recreation Director; Deanna Saefke, Commission Secretary Also present: Kira Greenfield Approval Consent Agenda Motion by Stroik, second by Clerkin, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests A. Letter of request for an open bar on October 28, 2017 for a wedding reception with approximately 210 guests. Windschitl reported the couple is requesting to use bartenders for an open bar that have multiple years of experience working at O'Gara's Bar. Saefke indicated the groom also works in the industry and knows that the bartenders need to be experienced and trained, but also not friends who are expecting to be at the party as well. Motion by Clerkin, second by McDonald, to approve the request for an open bar on October 28, 2017. Upon vote: All ayes. Motion Carried. B. Letter of request to waive the rental fee of John P. Murzyn Hall for a fundraiser for Columbia Heights resident Alyce Lentz on Wednesday, April 12, 2017. Windschitl reported this evening fits within the schedule of other events that the facility will be staffed for on Wednesday, April 12th so he is in favor of waiving the fee. He indicated the Lentz family has been involved in my of the Recreation Programs over the years and other groups within the City. Clerkin stated verified this is during normal operating hours. Windschitl replied yes. Clerkin stated he agrees with waiving the rental fee in that case. Resident Kira Greenfield explained the emergency medical situation for Alyce Lentz and the reason for the fundraiser event. Greenfield is in charge of putting the fundraiser together. Greenhalgh asked what type of activities they would have at the event. Greenfield answered at this beginning stage of planning; there will be some choir students performing, student art work displays, bake sale, baskets for silent auction. Clerkin asked if any local business have been approached for donations. Greenfield replied not yet. Motion by Stroik, second by Greenhalgh, to waive the rental fee of John P. Murzyn Hall for a fundraiser for Columbia Heights resident Alyce Lentz on Wednesday, April 12, 2017. Upon vote: All ayes. Motion Carried. 33 City of Columbia Heights March 22, 2017 Park & Recreation Commission Minutes of the Meeting Page 2 Old Business A. Circle Terrace Park building final design update Hansen indicated some changes needed to be made to the original design. Due to the nature of the proposed use of the building drinking fountains need to be installed inside. The building official also changed the one unisex toilet to be two separate toilets; one for men and one for women. Stroik asked why usage determined the changes. Hansen reported because of code. If it is a public building over 10 people there is a code section of what needs to be included in the building. These items plus other items have added to the increased cost estimate of about $320,000. Since that is over the funding amount staff has reduced the size of the building from 1500 to about 1280 square feet. This will allow 20 -25 people in the building. More funding will be used from the parks capital improvement budget to meet the estimated $260,000 to $265,000 cost. The final cost does depend on the bid estimates from contractors. Staff is looking at alternate items to reduce costs such as using less tone, windows that do not open, decrease the size of the building, changing the roof structures, and other items. Hansen reported there is $240,000 grant funding to be used for this building. He indicated this building will get used by various departments and other groups within the City. Windschitl replied that many groups showed interest in using this facility from the school district, the county, and the food shelf. He stated that the unfortunate piece is the lack of available parking. B. Keyes Park Master Plan update Hansen reported three separate proposals were received for the work at Keyes Park and the difference between the proposals was one hundred dollars. Staff suggests using the consulting firm ISG, the company that has done the master plan and work at other parks within the city. Clerkin reiterated Staff is more familiar with ISG and knows the type of work they will be getting. Hansen indicated the other company that gave a good detailed proposal does a lot of work on the parks in Fridley. Payne stated the work that has been done by ISG has been good. Clerkin indicated they have stayed on budget. Motion by Clerkin, second by Stroik, to accept the proposal from ISG for the Keyes Park Master Plan. Upon vote: All ayes. Motion Carried. New Business A. 2017 Jamboree Fireworks Windschitl stated the fireworks proposal for 2017 is similar to the 2016 proposal. Pyrotechnic Display Inc. is the same company that has been used for many years. He feels they do a very good job with the show. The budget is $6,000 for the fireworks. He invited the Commission to review the proposal if desired. Staff recommends accepting the proposal. Windschitl indicated a few donations are received from local business and groups like the Lions Club. Payne asked the Commission how the 2016 fireworks show was since he was unable to make it. Many members were at the show and stated that it was a good show. Motion by Greenhalgh, second by McDonald, to accept the proposal from Pyrotechnic Display Inc. for the 2017 Jamboree Fireworks. Upon vote: All ayes. Motion Carried. Reports A. Recreation Director Windschitl reported the Recreation Department will again be working with Loaves and Fishes to provide free lunch for the youth summer programs. Volunteers are always welcome to help serve the lunch. With that lunch program there has been left over food from Loaves and Fishes that the cooks cannot reuse or the kids do not eat. Buesgens started a food compost collection last summer. Staff is now looking at incorporating an organic food recycling program for summer lunches this summer at John P. 34 City of Columbia Heights March 22, 2017 Park & Recreation Commission Minutes of the Meeting Page 3 Murzyn Hall. Windschitl's concern is having a garbage container outside that might smell bad. He has met with a representative from the Anoka County grant recycling program to order containers with funding for that from the grant program. There will be a fee for the pickup service. Hansen indicated an application was sent in for the funding towards that service as well. He reported that within the next three years the public will see more programs offered to reduce the amount of weight in garbage. All trash service fees are charged by the total weight. That is why the City is pushing recycling as much as possible to residents and will start to see more opportunities for organic recycling; even as a State wide initiative. Stroik asked if a service picks up the organic recycling. Windschitl replied that is the cost that is being investigated. Hansen replied that is a service that is provided at Public Works for residents to drop off their organics and is picked up there. Stroik said that can be an expensive service. She asked what the process is with the material after that point. Hansen replied Anoka County processes the material into loam compost and then the Kiwanis sell it at Public Works during the summer. Windschitl indicated the staff and volunteers will need to promote using this type of recycling process. He doesn't know how this type of recycling would work for most of the large events such as weddings that are held at Murzyn Hall. Clerkin agreed it could be a challenge. Hansen stressed the importance of having only the specific types of recycled materials in those containers as other materials can damage the equipment used during the recycling process. Payne replied that this is a good idea for everyone to do and he recycles a lot of things at home. Windschitl reported registrations are currently being taken for youth and adult baseball and softball. Staff is working with the schools to help promote the youth activities. Discussions are being held with the City of Fridley and the Fridley Heights Soccer program to find a location for soccer during the summer. The two entities claim that many of their youth participants are Columbia Heights residents. The hope is to find an available green space on school district's property. Stroik asked if any of the City parks have undeveloped space that would be big enough to put in a soccer field. Windschitl replied that is on the plans at Keyes Park but is a half field. Other than that there is not a large enough open area. Clerkin suggested the space in Fridley where the old Columbia Arena was located. Windschitl replied the City of Fridley is developing that area with their new city offices and other buildings and that is why the soccer groups are looking for alternate locations. Stroik asked about McKenna, Gauvitte, or Lomianki Park. Hansen replied those areas are not wide enough for a full field. Windschitl replied Lomianki is too close to the railroad tracks as well. Gauvitte Park could potentially be used for a youth field. Hansen indicated a long term plan for Gauvitte Park to be a non -park. There area would become a flood control area. The City will soon fall under a State ruling to reduce phosphorus pollutants draining into the Mississippi river. The long term plan will be to use Gauvitte Park for flood control and treatment. Stroik asked if Prestemon Park is large enough to put a soccer field. Hansen replied no. The best location for a full size soccer field is Huset Park. B. Public Works Director /City Engineer Hansen reported this is the first year in a long time that applications for seasonal park employment are very low. Not all of the crew is returning from 2016. Staff needs to be 18 years old at a minimum. The season runs from Memorial Day through Labor Day. Hansen indicated safety improvements are being done along Central Avenue. The sidewalks are being replaced from 47th Avenue to 51St Avenue. The reason is to replace the street lights along that corridor. A $900,000 grand was received from MNDOT for this project. Hansen reported that a massive rehabilitation project will be happening on highway 94 for the next two years and this project will impact traffic along 694 and possibly University Avenue and Central Avenue. 35 City of Columbia Heights March 22, 2017 Park & Recreation Commission Minutes of the Meeting Page 4 C. Commission Members Carder reported seeing workers at the building on 401h Avenue and University Avenue after a long time of not seeing any progress. Hansen replied the original owner is back in the area. Stroik asked what the building will become. Hansen replied it is unknown. The last mention from the owner was that for it to be a European deli. Windschitl asked what the progress is with the bricks falling down at the building on 40th and Central Avenue. Hansen replied a developer from Minneapolis has owned the building for approximately two years. The Fire Department and Community Development have been working with the owner regarding the condition and future use of the space. They are working on the inside of the building for commercial space use. Stroik stated it should become apartments. Hansen stated Planet Fitness will be breaking ground soon behind LaCasita and White Castle. A Slim's Restaurant will also be building a sit down sandwich shop along Central Avenue. Clerkin asked about the installation of a second bench around Huset Park West. Hansen instructed Clerkin to give him the exact location of where the Lions Club wants it installed. Stroik asked if a port a potty was at LaBelle Park over the winter because at one point there was one tipped over. Hansen replied if the City clears a walking path at any park over the winter they are required to have a port a potty. Greenhalgh reported the CH Athletic Boosters will be hosting a youth baseball tournament for 12U/13U and 10U teams at Huset Park in May. The CHAB will have the food wagon there for concessions. Stroik reported there have been a lot of water main breaks in her quadrant of the city and since that time there have been problems with water pressure and faucets seizing up. Hansen replied flushing the water mains will happen during the first week of April. If she is still experiencing problems after that she should contact the department. Payne adjourned the meeting at 6:30 p.m. Deanna Saefke, Recreation Clerk Typist II 36 MINUTES OF PLANNING AND ZONING COMMISSION MAY 2, 2017 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Novitsky, Fiorendino, Schill, Hoium, and Szurek Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Fiorendino ,seconded by Schill, to approve the minutes from the meeting of April 4, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0501 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit Holmbeck explained that Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4005 Central Avenue. The specific development standards for outdoor fireworks sales /display are found in Section 9.107 (C) (22) of City Code, and will be added as conditions of approval for this permit. The attached property and tent location map illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. The applicant must schedule an inspection with the Fire Department before sales can occur on the property. ZONING ORDINANCE The property located at 4005 Central Avenue is located in the CBD, Central Business District. The properties to the north, south and west are also zoned Central Business and the properties to the east are zoned in the R -4, Multiple Family Residential District. Seasonal Fireworks Sales is allowed as Interim Use in the Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use. The proposal for seasonal fireworks sales is consistent with the intent of the City's Comprehensive Plan. FINDINGS OF FACT Section 9.104 (I) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in substantially similar use, as determined by the Zoning Administrator. Fireworks tents are specifically listed as an Interim Use in the considered retail sales, which are permitted. which the property is located, or is a Central Business District, and are 37 P & Z Minutes Page 2 May 2, 2017 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses by the surrounding commercial buildings. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed should have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. Staff recommends that the Planning Commission approve the Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4005 Central Avenue, subject to conditions of approval outlined below. Questions from members: There were no questions from members. 38 P & Z Minutes Page 3 May 2, 2017 Public Hearing Opened: There was no one who wished to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded byHoium, to waive the reading of Resolution No. 2017 -PZ03, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Hoium, to adopt Resolution No. 2017 -PZ03, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 16th 2017, to July 12th 2017, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department prior to operation. The applicant must contact the Fire Department to set up an inspection prior to any sales occurring on the property. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. The fireworks tent shall be accessory to a commercial use. 4. Fireworks tents located within the public right -of -way are prohibited. 5. All goods shall be displayed on a designated impervious surface area. 6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 7. Music or amplified sounds shall not be audible from adjacent residential properties. 8. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 9. An appropriate transition area between the use and adjacent property shall beprovided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 10. Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 11. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12. The tent must be anchored to withstand 90MPH13Second wind gusts. Any electrical use will need a permit and is required to be inspected by the State Electrical Inspector. All ayes. MOTION PASSED. 39 P & Z Minutes Page 4 May 2, 2017 RESOLUTION NO.2017 -PZ03 A Resolution of the Planning and Zoning Commission for the City of Columbia Heights, Minnesota, Whereas, a proposal (Case # 2017 -0501) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting and Interim Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue NE., Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: An Interim Use Permit to allow for the operation of a seasonal fireworks sales tent on the subject property. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City of Columbia Height's Zoning Code on May 2, 2017; Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City staff regarding the effect of the proposed Interim Use upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Planning and Zoning Commission of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. Further, be it resolved, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar yea s^ after the approval date, subject to petition for renewal of the permit. CONDITIONS 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department prior to operation. The applicant must contact the Fire Department to set up an inspection prior to any sales occurring on the property. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. The fireworks tent shall be accessory to a commercial use. 4. Fireworks tents located within the public right -of -way are prohibited. 5. All goods shall be displayed on a designated impervious surface area. 40 P & Z Minutes Page 5 May 2, 2017 6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 7. Music or amplified sounds shall not be audible from adjacent residential properties. 8. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 9. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 10. Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 11. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12. The tent must be anchored to withstand 90MPH/3Second wind gusts. Any electrical use will need a permit and is required to be inspected by the State Electrical Inspector. ORDER OF PLANNING AND ZONING COMMISSION Passed this 2nd day of May, 2017. Offered by: Fiorendino Seconded by: Hoium Roll Call: All ayes Marlaine Szurek, Chair Attest: Shelley Hanson, Secretary OTHER BUSINESS Holmbeck told members that she has received applications for 4 cases for the June 6th meeting so far, so she said it could be a long meeting and it's important they all make an effort to attend. The Comp Plan kick off meeting for the City Council, some of the Boards /commissions, and the Citizen Advisory Committee is scheduled for Wednesday May 3rd at 3 pm. The meeting will be led by the Consultants in the Council Chambers. The meeting was adjourned at 7:07 pm. Respectfully submitted, Shelley Hanson Secretary 41 CH COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, May 3 d, 2017 Approved 6/7/2017 The meeting was called to order in the History Room by Chair, Patricia Sowada, at 5:33pm. Members present were: Patricia Sowada, Catherine Vesley, Stephen D. Smith, and Bobby Williams; via telephone, was Tricia Conway. Also present was Library Director Renee Dougherty, and Recording Secretary Nick Olberding. • The Minutes of the April 5th, 2017 Board Meeting were approved. • The Bill List dated April 12th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated April 26th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Accounting Sheet as of May was reviewed, and approved. • Questions and discussions from Bills and Accounting: • Author Talk Compensation: Price is negotiable by Author, but Barb usually worked it out to $50 (authors are also able to sell copies of their books at the events). • Cole Directory: Business Reverse Lookup Information (4 Book Set) • ILS: Quarterly Charge based on quantity of Columbia Heights collection, circulation, and cardholders. Anoka County pays a very reasonable price for the ILS system, and we benefit from their cost savings. • Electrical Cost is leveling out, and solar is fully up and running. • Sewer (overbudget): Estimated using a % increase from previous years, but with much nicer bathrooms than in the old building, they are getting much more use. Old Business: N/A Staffing Update: 30+ Applicants were interested in the Adult Services Librarian position, 7 applicants received interviews, and 3 went on to 2nd interviews. Of the three (1 male, 2 female), one is from Lake Elmo, MN; one is from West Fargo, ND; and one has family in Minnesota, but currently lives in Colorado. When the decision is made, a conditional offer will be extended, and it will be dependent on a Background Check, References, and Drug Test; anticipated start date will be the first week of June. New Business: Mobility Assistance for Patrons: It has been suggested that the library should have a walker, wheelchair, or mobility scooter for patrons with mobility issues. Whichever it may be ideally would be collapsible /foldable as to not take up much space, and should be stored in the staff area ... to be available by request. Renee may ask the Friends of the Library for help with the purchase of equipment, or we may be able to put out a call for a donation of equipment. Overview of Summer Programming Plans: For Adults, there will still be Senior Surf, Scrabble Club, and Book Clubs over the summer. For Children and Juveniles, Monday - Wednesday there will be Storytime, Kids Programming, and Wacky Wednesday, as well as the Reading Program, and Fine Read Down from June and July. For Teens, there will be programs scheduled for Thursdays. 42 o Volunteens: Applications will be accepted through May 17th; Bri is hoping for 15 -20 volunteers for the summer. They will have orientation and set up a weekly schedule, and be assigned meaningful tasks that will give them valuable experience and on- the -job training. Prototype for Feeding Kids during the Summer: Department of Education approached us this year and the two previous years about this program; the last two years weren't feasible with the relocation and other reasons, but this year we are going to try it. The sole cost to the library is to provide an employee during the lunch distribution (about 45 minutes on Tues, Wed, and Thurs). More geared for children, but adults with children may partake as well; lunches must be eaten on premises (cannot be taken to -go). We don't yet know what the demand for lunches will be, and how quickly the food providers will adapt to that demand. 2018 Budget Planning: The Finance Department dictates the proceedings. The library's main item is payroll at about 70 %. Our proposed budget for this needs to be submitted to Finance, so they may calculate related costs first (e.g. Benefits & Pay Increases), before moving forward. Items from the Floor: • Raising After -Hours Community Room Fee: The Community Room fee of $25 /hour is too low; compared to other bookable rooms in the area with fewer capabilities (eg. projectors and whiteboards). Rooms at Murzyn Hall and Banfill -Locke charge around $50 /hour, and are possibly raising rates as well. There being no further business, the meeting was adjourned at 6:15pm by Patricia Sowada, and seconded. Respectfully submitted, a Nicholas P. Olberding Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 43 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF MAY 22, 2017 The meeting was called to order at 6:30 pm by President Szurek Members Present: Williams, Buesgens, Murzyn, Herringer, Schmitt, Novitsky, and Szurek Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson. PLEDGE OF ALLEGIANCE- RECITED CONSENT ITEMS 1. Approve the Minutes from May 1, 2017 Motion by Williams, seconded by Schmitt, to approve the Minutes of May 1, 2017, as presented. All ayes. MOTIONPASSED. BUSINESS ITEM 1. 47t' AND GRAND AVENUE DEVELOPMENT UPDATE - DOMINIUM Owen Metz from Dominium gave a brief power point presentation regarding the proposed construction of two apartment buildings to finish the development of the Grandview site. He said that Dominium is interested in this site as it has a high traffic count and is nearby businesses, restaurants, and shopping. He explained that they held an informational meeting for neighbors last week and that the primary concerns of the residents were parking and how their property values may be affected. Metz reviewed the scope of the plan with members. He said the buildings would be comprised of approximately 81 one BR units, 92 two BR units, and 42 three BR units. He reviewed the amenities of the common areas and of the apartments themselves. These numbers could change based on feedback from the meeting held last week with neighboring residents. Metz explained that the project is planned as a Section 42 program that is considered moderate affordable housing. Incomes for residents would be restricted to 60% below the average medium income which is currently at $37,980 for one person, $43,440 for two people, and $48,840 for three persons. Metz told members they are seeking tax exempt bonds (with no obligation to the City), and TIF funding to help finance the project. He said they would also apply for TOD (transit oriented development) grant funds through the Met Council for the project. Dominium would like the TIF funding for a period of 10 -20 years. Metz then went on to tell members 44 EDA Minutes Page 2 May 22, 2017 that they would also be applying for zoning waivers for the MXU District requirements in regards to the parking ratio and the allowed density. He said they want to reduce the required parking from 2 spaces per unit to 1.5, and changing the allowed density of 30 units per acre to 40 -42 units per acre. Fehst asked what the case was for the density waiver and Metz said to make it more financially feasible for them. Buesgens told Metz the City would be applying for grant funds from MN DOT for lighting and other improvements along Central Avenue, but if it is not awarded, then those improvements would not happen for several years. She then asked if the buildings would include an energy saving solar system, and Metz told her it probably wouldn't be part of the initial construction. Buesgens then asked what the maximum occupant load would be per unit. Metz replied that they abide by City restrictions on this, but it is usually set at two persons per BR in most communities. Murzyn stated that residents at the meeting had requested that the buildings be downsized. Metz said they may go down to 190 units, but can't go much less and have it financially work for them. Murzyn also felt the parking should remain at 2 spaces per unit as most families have two working people with vehicles, even in the one BR units. Williams thinks Dominium should have another meeting with the residents in that area in order to gain more support for the project. He thinks more concessions could be made to gain that support since he felt that most of the residents in the area were against the proposed project. Hogeboom stated that the EDA is being asked to set a Public Hearing for July to consider establishing a TIF District. More information on this project will be brought before the Planning & Zoning Commission at a Public Hearing later in the summer if they decide to move ahead. He said Dominium is trying to get the financing for the project in order first by seeking approval in July for TIF funding and making application for the Tax Exempt Bonds in August. Dahl passed out a survey depicting the site and where the two building would be located. There was a discussion about what rights the HOA had regarding the proposal, and it was noted they are very limited. Murzyn said many of the residents and board members that were at the meeting thought that the original Development Agreement prohibited the construction of any rental apartment buildings. Dahl said that the City Attorneys have reviewed the Agreement and the amendment passed in 2010 and did not find language that specifically prohibits the development of rental buildings. He said the original plan proposed three condo buildings, but the Developer died after the construction of the first building, and then the real estate market crashed and the demand for condo type buildings was negatively affected. It was noted that the legislature recently passed a bill to help improve the condo market and there is a project being built in the south metro so it may indicate the market could be improving in this area. 45 EDA Minutes Page 3 May 22, 2017 2. REQUEST PUBLIC HEARING FOR THE PROPOSED ESTABLISHMENT OF THE 47TH AND GRAND TIF DISTRICT — RESOLUTION 2017 -11 As previously discussed, Dominium has requested public financial assistance for the redevelopment of the property located at the corner of 47th and Grand Avenue NE. Many specifics are still being discussed and reviewed between staff, Ehlers and Dominium to verify the true extent of assistance needed. Possible uses for which public financial assistance is being requested consist of land acquisition, public improvements, soil and environmental reports, and site improvements. In Columbia Heights, the Columbia Heights Economic Development Authority (EDA) is the authority authorized to exercise Tax Increment Financing (TIF) powers, however the EDA may not exercise any TIF powers without the prior approval of the City Council (Council) of the City of Columbia Heights (City). Previously, the EDA and the Council established a redevelopment project designated as the Downtown Central Business District Revitalization Plan. The revitalization plan has encouraged development and redevelopment within the City along Central Avenue; however, modifications must be added to encompass the potential development being proposed by Dominium. In order to establish a TIF District for Dominium, certain events must occur that are outlined on the attached Schedule of Events. As part of that process, the EDA must formally request that the Council call for a public hearing to consider modifications to the Downtown Central Business District Revitalization Plan and for the establishment of the 47th and Grand TIF District. Staff recommends adopting Resolution 2017 -11, a resolution requesting City Council to call for a Public Hearing to consider a Modification to the Downtown Central Business District Revitalization Plan and for the Establishment of the 47th and Grand TIF District. Questions from members: There were no further questions from members. Motion by Buesgens, seconded by Schmitt, to waive the reading of Resolution 2017 -11, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Schmitt, to adopt Resolution 2017 -11, a resolution requesting City Council to call for a Public Hearing on July 10, 2017 at approximately 7:00 PM for the Modification to the Downtown Central Business District Revitalization Plan for the Downtown Central Business District Redevelopment Project and the Establishment of the 47th and Grand Tax Increment Financing District. All ayes. MOTION PASSED. 46 EDA Minutes Page 4 May 22, 2017 SCHEDULE OF EVENTS COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA MODIFICATION TO THE DOWNTOWN CBD REVITALIZATION PLAN FOR THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REDEVELOPMENT PROJECT AND THE ESTABLISHMENT OF THE 47th AND GRAND TAX INCREMENT FINANCING DISTRICT (a housing district) (as of May 16, 2017) May 22, 2017 EDA Requests that the City Council calls for a public hearing on the Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Establishment of the 47th and Grand Tax Increment Financing District. May 22, 2017 City Council calls for a public hearing on a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Establishment of the 47th and Grand Tax Increment Financing District. May 26, 2017 Project information (property identification numbers for proposed property to be purchased, project description, and maps) for drafting necessary documentation sent to Ehlers. N /A* Project information submitted to the County Board for review of county road impacts if necessary* (at least 45 days prior to public hearing). *The County Board, by law, has 45 days to review the TIF Plan to determine if any county roads will be impacted by the development. Because City staff believes that the proposed tax increment financing district will not require unplanned county road improvements, the TIF Plan was not forwarded to the County Board 45 days prior to the public hearing. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing. May 31, 2017 Letter received by County Commissioner giving notice of potential housing tax increment financing district (at least 30 days prior to publication of public hearing notice.) [Ehlers will fax and mail on or before May 31, 2017.1 11fM EDA Minutes Page 5 May 22, 2017 June 9, 2017 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax & mail on or before June 9, 2017] June 19, 2017 Ehlers conducts internal review of the Plans. SCHEDULE OF EVENTS - PAGE TWO COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA MODIFICATION TO THE DOWNTOWN CBD REVITALIZATION PLAN FOR THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REDEVELOPMENT PROJECT AND THE ESTABLISHMENT OF THE 47" AND GRAND TAX INCREMENT FINANCING DISTRICT (a housing district) June 30, 2017 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Sun Focus publication deadline June 26, 2017 by 11:00 A.M. — Ehlers will submit notice & map on or before June 26, 2017.] July 3, 2017 EDA adopts a resolution approving a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Establishment of the 47t1i and Grand Tax Increment Financing District. EDA passes a resolution decertifying parcels from the K- Mart/Central Avenue Tax Increment Financing District for inclusion in the 47th and Grand Tax Increment Financing District. July 5, 2017 Planning Commission reviews the Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Plans. July 10, 2017 City Council holds a public hearing at 7:00 P.M. on the Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Establishment of the 47t1i and Grand Tax Increment Financing District and passes resolution approving the Plans. [Ehlers will email Council packet information to the City on or before July 3, 2017.] City Council approves an Interfund Loan in connection with the 47t" and Grand Tax Increment Financing District. Ehlers files the Plans with the MN Department of Revenue, Office of the State Auditor, and Anoka County. 48 EDA Minutes Page 6 May 22, 2017 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA RESOLUTION NO. 2017-11 RESOLUTION REQUESTING A PUBLIC HEARING ON THE MODIFICATION OF THE DOWNTOWN CBD REVITALIZATION PLAN FOR THE DOWNTOWN CBD REDEVELOPMENT PROJECT AND THE ESTABLISHMENT OF THE 47th AND GRAND TAX INCREMENT FINANCING DISTRICT (A HOUSING DISTRICT). BE IT RESOLVED, by the Board of Commissioners (the "Board ") of the Columbia Heights Economic Development Authority, Minnesota (the "EDA ") as follows: WHEREAS, the City Council (the "Council ") of the City of Columbia Heights, Minnesota (the "City ") and the Housing and Redevelopment Authority in and for the City previously established the Downtown CBD Redevelopment Project (the "Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and predecessor statutes, in an effort to encourage the development and redevelopment of certain designated areas within the City, and the City transferred the authority and operation of the Project to the EDA by a resolution of the Council pursuant to Minnesota Statutes, Section 469.094, as amended; and WHEREAS, the EDA is proposing the modification of the Downtown CBD Revitalization Plan for the Project and the establishment of the 47''' and Grand Tax Increment Financing District therein, pursuant to Minnesota Statutes, Sections 469.174 to 469.1794 and Sections 469.090 through 469.1082, inclusive, as amended; NOW, THEREFORE BE IT RESOLVED by the Board as follows: 1. The EDA hereby requests that the Council call for a public hearing on July 10, 2017 to consider the proposed modification of the Downtown CBD Revitalization Plan for the Project and the proposed adoption of a Tax Increment Financing Plan for the 47"' and Grand Tax Increment Financing District (collectively, the "Plans ") and cause notice of said public hearing to be given as required by law. 2. The EDA directs the Executive Director to transmit copies of the Plans to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Plans are in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. 3. The Executive Director of the EDA is hereby directed to submit a copy of the Plans to the Council for its approval. 4. The EDA directs the Executive Director to transmit the Plans to the County and the School District in which the 47t" and Grand Tax Increment Financing District is located not later than June 9, 2017. 5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Plans and related documents and to undertake other actions necessary to bring the Plans before the Council. Approved by the Board on May 22, 2017. President ATTEST: 49 EDA Minutes Page 7 May 22, 2017 The meeting was adjourned at 7:05 pm. Respectfully submitted, Shelley Hanson Assistant Secretary 50 S * i AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Resolution No. 2017 -54 Approving State of MN Joint Powers Agreements DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Scott Nadeau /June 8, 2017 BY /DATE:' I ' BACKGROUND: The City's current Master Joint Powers Agreement (JPA) with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension (MN BCA) is expiring. This will require executing a new Joint Powers Agreement. A new Court Amendment is required as well. This action requires a Resolution of the City Council. STAFF RECOMMENDATION: The Joint Powers Agreement and the Court Amendment have been reviewed by City Attorney Jim Hoeft. Our recommendation is that the Council adopt Resolution 2017 -54 Approving State of Minnesota Joint Powers Agreements with City of Columbia Heights. RECOMMENDED MOTION(S): MOTION: Motion to waive the reading of Resolution No. 2017 -54, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department, there being ample copies available for the public. MOTION: Move to approve Resolution No. 2017 -54, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department. ATTACHMENTS: Resolution No. 2017 -54 State of Minnesota Joint Powers Agreement Authorized Agency Court Data Services Subscriber Amendment to CJDN Subscriber Agreement 51 1r -IR rnimeriI la }{- Pr rP RrA ,TPA PacnIiit -inn ? n 1 F - a ? RESOLUTION NO. 2017 -54 A resolution of the City Council for the City of Columbia Heights, Minnesota, Approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department Whereas, the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, Scott Nadeau, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized. Representative with the administration of the agreement, the Police Captain is appointed as the Authorized Representative's designee. 3. That the City Attorney James Hoeft, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the City Attorney's legal assistant is appointed as the Authorized Representative's designee. 4. That Donna Schmitt, the Mayor for the City of Columbia Heights, and Katie Bruno, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed this day of 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 52 Resolution 2017 -54 re JPA with BCA SWIFT Contract # 107087 STATE OF MINNESOTA MN00205 i A JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA") and the City of Columbia Heights on behalf of its Prosecuting Attorney ( "Agency "). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. 5tat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. 1 Term of Agreement Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C, Computer -to- computer system interface occurs when Agency's computer exchanges data and information with RCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.14. 2.3 Federal systems access. In addition, pursuant to 28 CFR §24.30 -38 and Minn. Stat. §2990,58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 53 SWIFT Contract # 107087 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at h t s /lbeanextpst.x.state.mn us /14pnchpad /. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https:!!s s.x.st n.uslsi eslbcase ioecatalo efauli as x Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at hhttp! dps.mn�o !v divigions�'li, ea/bca_ 9kviS1Q s_/Mn is /Doeuments/BCA- Policy -on- Appropriate- U §4,- of- S�LStems- and -Dawl? 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements ; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use ofa specific system or too]. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDeskstate,mn.us. 2.11 Transaction record, The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.28, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must 2 54 SWIFT Contract # 107087 MN00205 t A keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to Occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established, The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The RCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651 - 793 -1007, or her successor. The Agency's Authorized Representative is James Hoeft, City Attorney, 200 Coon Rapids Blvd NW, 4400, Coon Rapids, MN 55433 - 8024, or his /her successor. 5 Assignment, Amendments, 'Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments Any amendment to this Agreement, except those described in Clauses 2.6 and 17 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 53 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 55 SWIFT Contract # 107087 6 Liability MN00205IA Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Slat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Slat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 73 if Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Slat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Slat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Slat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a 4 56 SWIFT Contract # 107087 collective bargaining agreement. MN00205 1A 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated, The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred, Agency must report the status of the Individual User's access to BCA without delay, BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.21f BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 93 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency, As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use, 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3,2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described. in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11,1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination far Insufficient .Funding_ Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here, Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds, Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement, 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and I0.Venue. 57 SWIFT Contract# 107097 The parties indicate their agreement and authority to execute this Agreement by signing below. MN002051A LAGENCY 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Name: CRIMINAL APPREHENSION (PRINTED) Name: (PRINTED) Signed: Title: (with delegated authority) —' Date: Name, Signed: Title: (with delegated authority} Date: C Title: (with delegated authority) 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: -, Date: 58 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ( "Subscriber Amendment ") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ( "BCA ") and the City of Columbia Heights on behalf of its Prosecuting Attorney ( "Agency "), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ( "Court ") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 107087 of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement "). Certain BCA systems and tools that include access to and /or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and /or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and /or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ( "Master Authorization Agreement ") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 59 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ( "Master Authorization Agreement ") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through. the BCA for the purposes of carrying out this Subscriber Amendment, including; i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP /IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. C. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. Re] E "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and /or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized. Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 -a required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self - regulatory body. Subscriber's access to the Court Records for personal or non - official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. S. GUARANTEES OF CONFIDENTIALITY, Subscriber agrees; a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self - regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and /or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and /or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section I of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber, C. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment, 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 62 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof: All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey," d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub - section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. N7 63 C. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and /or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, ;made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CTDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorizer) by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2410 with DPS -M -0958. D 64 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and /or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and /or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota. Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 65 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (14) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 34 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section I hereof, 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an 'independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other, 1.7. NOTICE. Except as provided in section 2 regarding, notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 66 hereunder shall be deemed to have been received when personally delivered in writing or seventy - two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. IS. NON - WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. 9 67 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. I. SUBSCRIBER (AGENCY) Subscriber trust attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Signed: Title: (with delegated authority) Date: Name: Signed: Title: (with delegated authority) Date: 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _._ .........� _ _ ...._(PR1NTEb),...._,_...__..__ Signed: Title: Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division Sy: _. Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTEC7} Signed: T Title: Date: 10 68 AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM; Approve Resolution 2017 -62 Amending 2017 budget (re Transfer of Funds) DEPARTMENT: Police CITY MANAGER'S APPROVAL::'. , BY /DATE: Scott Nadeau /June 8, 2017 BY /DATE: o` BACKGROUND: The Police Department has received payment for traffic direction at CH Schools: $ 1,200.00 for 49th Avenue traffic direction ($560 and $640) The P.D. has received a check in the amount of $2,000 from Anoka County for reimbursement of overtime for our officer in the Anoka Hennepin Drug Task Force. The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of OT incurred by officers. $2,000.00 for AHDTF OT Per our agreement with Anoka County, we received reimbursement for detox transports at the rate of $30 per detox patient transported. We received a check in the amounts of $240. $ 240.00 for detox transports The CHPD has been participating in the statewide Safe and Sober (Toward Zero Deaths or TZD) program. We received reimbursement from Coon Rapids, the agency coordinating the grant, for the overtime expended on that initiative in the following amounts: $ 2,659.53 $ 5,951.97 $6,547.38 $15,158.88 for Toward Zero Death reimbursement The total of these payments is $20,615.88. STAFF RECOMMENDATION; The above mentioned funds were deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the 2016 Police Department Budget, Overtime Line Item 1020, which requires a Resolution of the City Council. RECOMMENDED MOTION(S): MOTION: Motion to waive the reading of Resolution No. 2017 -62, being a resolution amending the 2017 budget to use certain additional revenue, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -62 being a Resolution amending the 2017 budget to use certain additional revenue. ATTACHMENTS: Resolution 2017 -62 69 7.7 -F5 rnnnr_il ] Pttpr re Transfer of Pnnr3q Racnl ijti nn RESOLUTION NO. 2017-62 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2017 budget to use certain additional revenue. Whereas, the City has contracted for or received the following revenue: Source Amount CH School District $ 1,200.00 Anoka County re Detox $ 240.00 Anoka County re DTF $ 2,000.00 Anoka County re TZD $15,158-88 Total $20,615.88 Whereas, this revenue was not included in the initial 2017 budget adopted by resolution 2016 -132, nor in any subsequent amendments to that budget; and Whereas, accordingly, the expense necessary to earn this revenue was also not previously included in the 2017 budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Police Department; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2017 budget for general fund revenue and expense is amended for an increase of $20,615.88. Passed this day of Offered by: Seconded by: Roll Call: Attest: Katie Bruno, City Clerk /Council Secretary 2017 Donna Schmitt, Mayor 70 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: SECOND READING of Ordinance No. 1640 — Proposed Bar Close at 2:00 a.m. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: L� f BY /DATE: Joe Hogeboom, 06/06/2017 BY /DATE: BACKGROUND: At the May 22, 2017 City Council meeting, the City Council approved Ordinance No. 1640 upon first consideration. The Ordinance enables establishments to serve alcoholic beverages until 2:00 am. If this Ordinance is approved and a 2:00 am bar close time were to be established, entities that would desire to remain open until 2:00 am. would need to file for additional approval from the Minnesota Department of Alcohol and Gambling Control, as well as file complete a City permit application. If this item is approved by the City Council on June 12th, establishments may immediately begin applying for the license that allows a 2:00 am bar closure. Assuming all background checks and other administrative tasks are completed, the earliest that the new start time could take effect is Thursday, July 13th STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 2017 -1640 as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 2017 -1640, there being ample copies available to the public. Motion: Move to approve Ordinance No. 2017 -1640, being an ordinance related to allowing liquor sales to occur until 2:00 am. ATTACHMENTS 1. Ordinance No. 1640 (2 pages) 71 Liquor License Regulations Amendment Discussion ORDINANCE NO. 1640 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO LIQUOR, BEER AND WINE LICENSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: SECTION 1: § 5.502 3.2% MALT LIQUORS (BEER). City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (3) No sale of 3.2% malt liquor (beer) may be made between 21:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 10 -2:00 a.m. Been on Sunday. SECTION 2: § 5.503 ON -SALE CLUB LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (2) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal Liquor Stores, and between the hours of 10:00 a.m. on Sundays and 2 -1:00 a.m. on Mondays; and SECTION 3: § 5.504 ON -SALE CLUB LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (1) No sale of aRy eF intoxicating liquor may be made between 2 -1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 10 -2:00 a.m. Reee on Sunday. SECTION 4: § 5.505 INTOXICATING LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (M) No sale of intoxicating liquor for consumption on a licensed premises may be made between 2 -1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 10 -2:00 a.m. eeee on Sunday. 72 SECTION 5: § 5.506 ON -SALE WINE LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (0) No sale of wine may be made between 2 -1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 10 -2:00 a.m. Been on Sunday. SECTION 6: § 5.508 SUNDAY ON -SALE LIQUOR LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (A) Establishments to which on -sale licenses have been issued or hereafter may be issued, pursuant to §§ 5.502 and 5.503 may serve intoxicating liquors between the hours of 10:00 a.m. on Sunday and 23:00 a.m. on Mondays in conjunction with the serving of food, provided that such establishment is in conformance with the Minnesota Clean Air Act. SECTION 7: § 5.510 ON -SALE TEMPORARY LIQUOR LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (1) No licensee of his agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 2 -1:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 2 -1:00 a.m. and 102-:00 a.m. neon on Sunday. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any intoxicating liquor between the hours of 2:00 3:39 a.m. and 8:00 a.m. Should the Council decide to additionally restrict the hours of sale in granting the license, no licensee or his or her agent may sell or permit the sale of intoxicating liquor at any time not specifically allowed in such license. This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: 73 Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 74 CH. COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Resolution 2017 -55 - Adoption of 2:00 am Bar Close Application Fee DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: , BY /DATE: Joe Hogeboom, 06/06/2017 BY /DATE: BACKGROUND: Coinciding with the passage of Ordinance No. 1640, which allows sale of alcoholic beverages until 2 am, the City proposes implementing a $300 fee to help offset and defray the costs associated with the administration of the additional License. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2017 -55 as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2017 -55, there being ample copies available to the public. Motion: Move to approve Resolution No. 2017 -55, being a resolution adopting a licensing fee related to allowing liquor sales to occur until 2:00 am. ATTACHMENTS 1. Resolution No. 2017 -55 (1 page) 75 Liquor License Regulations Amendment Discussion RESOLUTION NO. 2017 -55 A RESOLUTION ADOPTING 2017 BREWERY LICENSE FEE SCHEDULE WHEREAS, on June 12, 2017, the City Council (the "Council ") of Columbia Heights, Minnesota (the "City ") approved Ordinance No. 1640, being an ordinance that allows liquor to be served until 2:00 am; and WHEREAS, the City may prescribe annual license fees sufficient to defray the costs incurred by it in reviewing, investigating, and administrating applications for this action. NOW, THEREFORE BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City, Council hereby amends the 2017 License Fee schedule to include a $300 municipal application fee associated with businesses wishing to serve alcoholic beverages between the hours of 1:00 am and 2:00 am. ORDER OF COUNCIL Passed this day of 12017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Resolution 76 COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - CITY COUNCIL ITEM: SECOND READING of Ordinance No. 1641 - Adult Day Care Facilities Outdoor Space Requirements DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Joe Hogeboom, 06/06/2017 BY /DATE:' BACKGROUND: The City of Columbia Heights currently requires 150 square feet of outdoor space available on site for each adult at the facility under care. The attached Ordinance reduces the amount of required outdoor space to a total of 150 square feet per site, regardless of the number of adults served. If no outdoor space is available at the site, as is sometimes the case, then the Ordinance would require a written plan be submitted that demonstrates how outdoor recreational activities will be provided at the facility. This Ordinance was approved upon first consideration by the City Council on May 22, 2017. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 2017 -1641 as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No public. 2017 -1641, there being ample copies available to the Motion: Move to approve Ordinance No. 2017 -1641, amending Section 9.107(C)(16)(d) regarding adult day care facility outdoor space requirements. ATTACHMENTS: 1. Ordinance No. 2017 -1641 (1 Page) City of Columbia Heights - CC Letter 77 ORDINANCE NO. 1641 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO ADULT DAY CARE ZONING REGULATIONS The City of Columbia Heights does ordain: SECTION 1: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (C)(16)(d) For adult day care facilities, at least 150 square feet of outdoor area for seating and exercise shall be provided fer -ad-Wit uRdeF GaFe. If 150 square feet of outdoor is not available on the site, the property owner must submit a written proposal that demonstrates recreational activities for adults under the facility's care will be provided off -site. The City Manager, or his or her designee, is authorized to approve or deny this proposal. This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 78 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: City Logo and Tagline Usage Guidelines DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: Z BY /DATE: Joe Hogeboom, 06/06/2017 BY /DATE: BACKGROUND: Occasionally, the City receives requests from outside entities regarding the usage of our City logo. Having guidelines in place helps to direct and protect the usage of the brand. The City's logos and taglines received trademark protection in 2016, granting the City authority over the usage of the material. The language for the proposed guidelines was based upon similar language used in other cities that have established brands, including the cities of Minneapolis and Denver, CO. The City Council reviewed the proposed Guidelines at its June 5 Work Session meeting, and has recommended them for approval. STAFF RECOMMENDATION: Staff recommends approval of City Logo and Tagline Usage Guidelines as presented. RECOMMENDED MOTION: Motion: Move to approve the City Logo and Tagline Usage Guidelines as presented. ATTACHMENTS 1. City Logo and Tagline Usage Guidelines (2 pages) 79 Liquor License Regulations Amendment Discussion CH COLUMBIA HEIGHTS City Logo and Tagline Usage Guidelines 1. The City's official logos and taglines are trademark protected, and may only be used by the City of Columbia Heights, the Economic Development Authority of Columbia Heights, the Housing and Redevelopment Authority of Columbia Heights and any outside agency conducting official work on behalf of or in partnership with, and approved by, the City of Columbia Heights. All other usage must be approved by the City Council. 2. Usage of the City's official logos and taglines shall conform to the formatting guidelines established in the Official City Logos, Brand and Style Guide, adopted by the City Council in April, 2015. The logos and taglines shall not be altered or changed in any way. 3. Usage of the City's official logos and taglines shall be limited to other governmental agencies or non - profit groups that partner with the City on official events and /or promotional activities. 4. Entities wishing to use the City's official logos and taglines must not detract from the positive image of the City of Columbia Heights. 5. Visual integrity of the City's official logos and taglines must be maintained at all times. Only files and formats of the logos and taglines that are generated and provided by the City of Columbia Heights may be used. 6. The City Council may restrict use of the City's official logos and taglines at any time and for any reason. 7. Within the City's internal and external communications, approved taglines can be utilized. The following applications are appropriate for tagline usage: a. Rediscover the Heights • City promotional material • Economic development material • Advertising and marketing b. All- America City • City promotional material • Advertising and marketing material • General City government communications 80 c. City of Peace • City promotional material • Specific reference to the "Clock Tower of Peace" • Various specific promotional events, such as the Mayor's Prayer Breakfast and the City of Peace Awards 81 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 71 MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Public Art Standards and Guidelines DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: x 1/-Z ye4l1v - BY /DATE: Joe Hogeboom, 06/06/2017 BY /DATE: , A; // 7 BACKGROUND: In late 2016, the City received a request by a local artist to commission several pieces of public art along Central Avenue. At the time, the City Council endorsed the project (which involved the submittal of a grant application to the Mississippi Watershed Management Organization), but directed staff to create a set of guidelines to help guide and direct requests for public art in the future. The attached proposed guidelines were authored and reviewed by the Communications Committee, which is comprised of staff representatives from all of the various City divisions, as well as the City Planner who is managing the public art project along Central Avenue. The City Council recommended this item for approval at its June 5 Work Session meeting. One additional guideline was added which references the maintenance of the artwork under review. STAFF RECOMMENDATION: Staff recommends approval of Public Art Standards and Guidelines as presented. RECOMMENDED MOTION: Motion: Move to approve the Public Art Standards and Guidelines as presented. ATTACHMENTS 1. Public Art Standards and Guidelines (2 pages) &2 Liquor License Regulations Amendment Discussion CH COLUMBIA HEIGHTS Public Art Standards/ Guidelines 1. Does the site provide an opportunity to make an engaging or bold artistic statement? 2. Does the project provide an opportunity to draw any artist with engaging work? 3. Does the project provide an opportunity for a unique public artwork? 4. Does the site, surrounding area or project provide an opportunity to reflect on Columbia Heights and its characteristics? 5. Are there opportunities within the project to integrate artwork into the design or function of structures? 6. Will the site be visible to and attract visitors and residents? 7. Is the site located in one of the City's commercial corridors, or other prominent location? 8. Is the proposed site and artwork location safe? 9. Does the site provide an opportunity for people to gather and come together? 10. Can the artwork be maintained within standard City maintenance procedures and cycles? 11. Can funds be leveraged for the creation of the artwork through grant, private partnership or donation? 12. Is the artwork culturally sensitive, and non - offensive to the community? 13. Does the project convey a positive image of the City of Columbia Heights? 14. Does the project provide an opportunity to include local artist(s)? 15. Is there a community involvement component in either the design or physical implementation of the project? 16. Does the project provide an opportunity to involve local students? 17. Has the project, based on the guidelines listed above, received approval by the City Council? 18. Does the project have a plan for maintenance? If the art is meant to be temporary, is there a removal plan? 83 COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 71 MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2017 -60 APPROVING A COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / June 8, 2017 BY /DATE: IkIl BACKGROUND: Attached is a Cooperative Construction Agreement with MnDOT. The Agreement provides for the construction and maintenance of Safety Improvements by the City. The work includes new sidewalk, roadway and pedestrian lighting, and other associated construction to be performed upon, along, and adjacent to TH 65 (Central Avenue) from 47th Avenue NE to 51St Avenue NE within the corporate city limits under City Project No. 1608. Specifically the agreement details out: • % median north of 47th (old K -Mart entrance) • New LED street and pedestrian lighting • New 6 -foot wide sidewalks meeting current ADA standards • Other construction and restoration The agreement also specifies maintenance on the new improvements as follows: • The City will maintain the new street and pedestrian lighting. • The City will maintain the new sidewalks (as they are now maintained). • Hilltop will maintain the sidewalk on the west side of TH 65 from 47th Avenue to 49th Avenue. • The % median is part of the Trunk Highway system maintained by MnDOT. Funding for the project is provided MnDOT's HSIP Program at a 90 -10 split, with the City of Columbia Heights share funded through our State Aid Construction Account. The Engineer's estimate is $955,000. Contract award is intended to be presented to the Council at their July 24th meeting. STAFF RECOMMENDATION: Approve Cooperative Construction Agreement No. 1027707 with MnDOT. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2017 -60, there being ample copies available to the public. Move to adopt Resolution 2017 -60 being a Resolution approving the Cooperative Construction Agreement No. 1027707 with MnDOT for TH 65 (Central Avenue) from 47th Avenue to 51St Avenue. ATTACHMENT(S): MnDOT Cover Letter Resolution 2017 -60 Cooperative Construction Agreement 1027707 84 �7DEPARTMENT OF TRANSPORTATION May 22, 2017 Mr. Kevin Hanson Public Works Director 590 40th Avenue NE Columbia Heights, MN 55421 Office of State Aid — Metro District 1500 West County Rd B2 Roseville, MN 55113 -3174 Re: Proposed Cooperative Construction Agreement No. 1027707 Between the City of Columbia Heights and the State of Minnesota SP 0207 -116 (TH 65 =005) TH 65 (Central Avenue) from 47th Ave NE to 51st Ave NE in the City of Columbia Heights SP 113 - 010 -022, City Project 1608 Fed Proj. HSIP 0217 (146) City Maintenance for TH 65 Construction Dear Mr. Hanson, Transmitted herewith in duplicate is a proposed agreement with the City of Columbia Heights. This agreement provides for maintenance by the City of the sidewalks and lighting improvements to be constructed on TH 65 within the corporate City limits. Kindly present this agreement to the City Council for their approval and execution, which includes original signatures of the City Council authorized City officers, on the two copies of the agreement. Also required are two original copies of a resolution passed by the City Council authorizing its officers to sign the agreement in its behalf. A suggested form of such resolution is enclosed. Please return the two original signed copies of the agreement and resolution to me, once they have been executed by the City. A copy will be returned to the City when fully executed. Please contact me if you have any questions or additional comments by telephone at 651 - 234 -7776 or by e -mail at phillip.bergem @state.mn.us. Sincerely, Phillip Bergem Cooperative Agreements Engineer Metro State Aid Enclosures: Agreement & Resolution (2 copies each) cc: Maryanne Kelly - Sonnek, MnDOT- Municipal Agreements Lisa Krenz, MnDOT- Municipal Agreements * ph illip.bergem @state.mn.us 651 - 234 -7776 85 Kevin Hanson May 22, 2017 Page 2 Mark Nelson, MnDOT -Metro Program Delivery Paul Jung, MnDOT -Metro Program Delivery * Gayle Gedstad, MnDOT -Metro Traffic Engineering Lisa Daniels, MnDOT -Metro State Aid Scott Haupt, SEH Project File * Electronic copy only (hard copies available upon request) 86 RESOLUTION NO. 2017 -60 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City of Columbia Heights enter into a Cooperative Construction Agreement with the Minnesota Department of Transportation (MnDOT). Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT WHEREAS, the City of Columbia Heights enter into MnDOT Agreement No. 1027707 for the following purposes: To provide for maintenance by the City of Columbia Heights of the sidewalk and lighting roadway improvements construction and other associated construction to be performed upon, along, and adjacent to TH 65 (Central Avenue) from 47th Avenue NE to 51St Avenue NE, within the corporate city limits under City Project No. 1608 and State Project Nos. 113 - 010 -022 and 0207 -116. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. That the City of Columbia Heights enter into a Cooperative Construction Agreement with MnDOT, a copy of which was before the City Council. 2. That the Mayor and City Manager are hereby authorized to execute such Agreement and any amendments to the Agreement. ORDER OF COUNCIL Passed this 12th day of June, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secreta 87 MnDOT Contract No: STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF COLUMBIA HEIGHTS COOPERATIVE CONSTRUCTION State Project Number (S.P.): Trunk Highway Number (T.H.): State Project Number (S.P.): City Project Number (C.P.): Federal Project Number: Lighting System Feed Point No. AGREEMENT 0207 -116 65=005 113 - 010 -022 1608 HSIP 0217 (146) "All 1027707 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and City of Columbia Heights acting through its City Council ( "City "). Recitals 1. The City will perform three quarter median construction, sidewalk, and street/pedestrian lighting, ADA work construction and other associated construction upon, along and adjacent to Trunk Highway No. 65 from 4r Avenue Northeast to 51St Avenue Northeast according to City - prepared plans, specifications and special provisions designated by the City as City Project No. 1608 and by the State as State Project's No. 113 -010- 022, 0207 -116 (T.H. 65= 005)( "Project "); and 2. The City requests the State to allow for a roadway improvement project to include a three quarter median, sidewalk, street/pedestrian lighting and ADA construction and the State is willing to allow said construction; and 3. After construction the City agrees to participate in the operation and maintenance of the sidewalk and street/pedestrian lighting; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. 1.4. Plans, Specifications, Special Provisions State- approved City plans, specifications and special provisions designated by the City as CP 1608 and by the State as State Project's No. 113 -010 -022, 0207 -116 (T.H. 65 =005) are on file in the office of the City's Engineer and incorporated into this Agreement by reference. ( "Project Plans ") -I- Construction lAithin State R/W- & Maintenance (Municipal Agreements 3 -2016) 88 MnDOT Contract No: 1027707 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy trunk highway right -of -way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work, Remedial Measures The State's District Engineer or assigned representative retains the right to enter and inspect the trunk highway right -of -way (including the construction being performed on such right -of -way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the City (and its contractor) to take such remedial measures as the State deems necessary. The State may require the City (and its contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City (or its contractors or consultants) for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While .the City (and its contractors and consultants) are occupying the State right -of -way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (hM: / /www. dot. state. mn. us/ trafficeng/workzone /index.htinl). All City, contractor, and consultant personnel occupying the State's right -of -way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements The State will retain ownership of its trunk highway right -of -way, including any improvements made to such right -of -way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non - performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 3. Contract Award and Construction 3.1. Direction, Supervision and Inspection of Construction A. The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The City will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the City and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction ". 3.2. Completion of Construction. The City will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and -2- Construction within State R/W & Maintenance (Municipal Agreements 3 -2016) 89 MnDOT Contract No: 1027707 the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.3. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's trunk highway right -of -way, the City will not require the contractor to follow local ordinances or to obtain local permits. 4. Right -of -Way; Easements; Permits 4.1. The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the City will furnish the State with certified copies of the documents for rights -of -way and easements, construction permits and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings and depiction of utilities affected by the contract construction. 4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City of Columbia Heights to be constructed upon and within the trunk highway right -of -way. Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway Right Of Way" (Form TP2525). 5. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 5.1. Maintenance of any municipal -owned utilities construction, without cost or expense to the State. 5.2. Sidewalks. Maintenance and ownership of the sidewalk on the east and west sides along T.H. 65 from 471 Avenue Northeast to 5111 Avenue Northeast, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 5.3. Lighting. Maintenance and ownership of any lighting facilities construction. Maintenance of electrical lighting systems includes everything within the system, from the point of attachment to the power source or utility, to the last light on the feed point, including but not limited to re- lamping of lighting units or replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections, luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles, damaged poles, pullboxes, underground wire, damaged foundations, equipment pad, installation of approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance including photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates and painting of poles and other equipment. The City will be responsible for the hook up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. -3- Construction within State R(W & Maintenance (hfunicipal Agreements 3 -2016) NE MnDOT Contract No: 1027707 6.1. The State's Authorized Representative will be: Name /Title: Maryanne Kelly - Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366 -4634 E -Mail: maryanne.kellysonnek@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Kevin Hanson, Public Works Director (or successor) Address: 590 40' Avenue NE, Columbia Heights, MN 55421 Telephone: (763) 706 -3705 E -Mail: publicworks @acolumbiaheightsmn.gov 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability; Worker Compensation Claims; Insurance 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney- General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its contractor(s) or consultant(s). 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. -4- Construction within State R/W & Maintenance (Municipal Agreements 3 -2016) 91 MnDQT Contract No: 1027707 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment or the provision of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non - payment. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes. acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -5- Construction within State R/W & Maintenance (Municipal Agreements 3 -2016) 92 CITY OF COLUMBIA HEIGHTS The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: MnDOT Contract No: 1027707 DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -6- Construction within State Rf W & Maintenance (Municipal Agreements 3 -2016) 93 S CITY OF COLUMBIA HEIGHTS RESOLUTION IT IS RESOLVED that the City of Columbia Heights enter into MnDOT Agreement No. 1027707 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance by the City of the sidewalk and lighting roadway improvements construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 65 from 47th Avenue Northeast to 511 Avenue Northeast within the corporate City limits under City Project No. 1608 and State Project's No. 113 -010 -022 and 0207 -116. IT IS FURTHER RESOLVED that the Mayor and the (Title) authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION are I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Columbia Heights at an authorized meeting held on the day of , 2017, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of 52017 Notary Public My Commission Expires �z ($ice) (Type or Print Name) (Title) 94 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7K MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2017 -61 APPROVING A MASTER PARTNERSHIP CONTRACT WITH MNDOT DEPARTMENT: Public Works CITY MANAGER'S APP OVAL: - BY /DATE: Kevin Hansen / May 31, 2017 BY /DATE: L L BACKGROUND: Attached is a Master Partnership Agreement with MnDOT. The Master Partnership Contract provides a framework for MnDOT and the City of Columbia Heights to provide payment to each other for services rendered. A few routine services are included in the contract and all other services are accomplished through the execution of work orders or project specific construction contracts. The existing agreement was initiated by MnDOT with the term of 2013 - 2017, and expires June 30, 2017. The new contract term is for 2018 - 2022. Examples of the work that would be covered by the agreement are: Pavement Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, and Materials Testing. Other work provided by either party, such as engineering and design, would require a separate agreement specific to the project. Examples of this would be traffic signal replacement or new street lighting. We currently need the new agreement in place to cover City requested services for state lab, materials and bituminous plant testing for our 2017 project work. STAFF RECOMMENDATION: Approve the Master Partnership Agreement 1028124 with MnDOT for the term of 2018 - 2022. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2017 -61, there being ample copies available to the public. Move to adopt Resolution 2017 -61 being a Resolution approving the Master Partnership Contract with MnDOT. ATTACHMENT(S): MnDOT Cover Letter Resolution 2017 -61 Master Partnership Contract 1028124 95 DEPARTMENT OF TRANSPORTATION Metro State Aid 1500 County Road B2, Roseville, MN 55113 To: Local Agency RE: Proposed Master Partnership Contract 651 - 234 -7773 sharon.lemay @state.mn.us Date: April 24, 2017 Attached is a copy of a proposed master partnership contract between the Minnesota Department of Transportation (Mn /DOT) and your Local Agency. The Master Partnership Contract provides a framework for Mn /DOT and Local Agencies to provide services and payment to each other. A few MnDOT provided routine services are included in the contract —see Exhibit A -- but all other services require work orders describing costs and scope. Kindly review the enclosed document and if acceptable, arrange to have it presented to your Council /Board for their approval and execution. Please provide signatures only under the Local Government heading. Also required is a new resolution passed by the Council /Board authorizing its officials to sign and execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else signs in the named official's place, the agreement will not be executed.) Please return to me at the address listed above or as a pdf to sharon.lemay @state.mn.us. Please note that no work shall be performed by Mn /DOT personnel until the full execution of the agreement. After execution by Mn /DOT and other State officials, a copy of the agreement will be returned to you. If you have any questions or require additional information, please feel free to contact me at 651 -234- 7773. If your local agency will not be executing this contract, please send me an email informing me of this so I can remove you from our list. Thank You Sharon LeMay, Metro State Aid An Equal Opportunity Employer 0 0 Oaq) a 0 0 o 0 96 RESOLUTION NO. 2017 -61 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate delivery of transportation services and maximize the efficient delivery of such services at all levels of government. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT WHEREAS, MnDOT and local governments are authorized by Minnesota Statues sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA That the City of Columbia Heights enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City Council. 2. That the Mayor and City Manager are hereby authorized to execute such contract, and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Columbia Heights without further approval by this Council. ORDER OF COUNCIL Passed this 12th day of June, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 97 DEPARTMENT OF TRANSPORTATION MnDOT Contract Number: STATE OF MINNESOTA AND CITY OF COLUMBIA HEIGHTS MASTER PARTNERSHIP CONTRACT 1028124 This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the "State" and the City of Columbia Heights, acting through its City Council, in this contract referred to as the "Local Government." Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§ 15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a "road authority" as defined by Minn. Stat. § 160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. Minn. Stat. § 174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation- related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a "Work Order" contracts. After the execution of this MPC, the parties may (but are not required to) enter into "Work Order" contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Partnership Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2022. Page 1 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 98 MnDOT Contract Number: 1028124 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Local Government understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully- executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 1.7. Definition of "Providing Party" and "Requesting Party ". For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. "Requesting Party" is defined as the party requesting the other party to perform work under a work order contract. "Providing Party" is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low -cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A — Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State's then - current rate for performing the Technical Services. The then - current rate may include the State's normal and customary additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 99 MnDOT Contract Number: 1028124 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. § 16C.08, subd. 1, professional /technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task." Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right -of -way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional /technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man -made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully- executed work order in place. If work commences without a fully- executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project /engagement, although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. Page 3 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 100 MnDOT Contract Number: 1028124 The Local Government will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Local Government to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non - payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State - approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de -icing and anti -icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. Page 4 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 101 MnDOT Contract Number: 1028124 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right -of -way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights /anti - discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally- assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other's request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right -of -way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. 4.3.12.4 All improvements constructed on the State's right -of -way will become the property of the State. 5. Responsibilities of the Requesting Party Page 5 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 102 MnDOT Contract Number: 1028124 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary additives will not apply if the parties agree to a "lump sum" or "unit rate" payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this MPC will not exceed $500,000.00 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. Page 6 of 13 CM Master Partnership Contract (CM Rev. 04,10/2017) 103 8. 9. 10 MnDOT Contract Number: 1028124 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE 11MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 1028124 and Invoice Number # # # # ## 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. State's Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. Page 7 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 104 MnDOT Contract Number: 1028124 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term "Contractor" is defined in Minn. Stat. § 11513.03 (subd. 10), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. la will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, Page 8 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 105 MnDOT Contract Number: 1028124 studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty -free license to use such intellectual property for its own non - commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation - related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full -time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400 - 5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full -time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ( "Commissioner ") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400 - 5000.3600. Page 9 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 106 MnDOT Contract Number: 1028124 15.3.1. General. Minn. R. Parts 5000.3400 - 5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non - compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400 - 5000.3600 including, but not limited to, parts 5000.3420 - 5000.3500 and 5000.3552 - 5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400 - 5000.3600 and is aware of the consequences for noncompliance. 16. Workers' Compensation Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. § 15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be Page 10 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 107 MnDOT Contract Number: 1028124 subject to Minn. Stat. § 15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 1.0 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one -half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Page 11 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 108 MnDOT Contract Number: 1028124 Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank — signature page follows] Page 12 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 109 LOCAL GOVERNMENT The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. 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O � � O Ld l� 42 —,4 bA O cd •� vn Y ..O CI O U .9 i O Q V 0 a� C ND o � a N U O O Q 0 1� t o E o J {U ° o p,l � N �= O X � � O U �H O v M M 00 o0 N N 00 M O N M oc O O 00 oc O Cl N N M M kn O O M N O M r o .U. U U O� W Cd ,4: W.?� U O:W {P. aj cd CO) 3 as H c>;x jx x h Ia o O v M M 00 o0 N N 00 M O N M oc O O 00 oc O Cl N N M M kn O O M N O M r ,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7L MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT FOR 2016 STREET REHABILITATION ZONE 2 AND STATE AID STREET OVERLAY, CITY PROJECTS 1602 AND 1605 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen /June 6, 2017 BY /DATE: -e-717 7/ J BACKGROUND: The contractor has completed the 2016 Street Rehabilitation Zone 2 and 2016 State Aid Street Overlay, City Projects 1602 And 1605. The work consisted of the following street rehabilitation: Partial reconstruction of 43rd Avenue from Reservoir Boulevard to Arthur Street Mill and overlay of 41St Avenue from Reservoir Boulevard to Stinson Boulevard, and Mill and overlay of Jefferson Street from 40th Avenue to 44th Avenue The work also involved minor utility replacement /construction, spot curb and gutter replacement, and spot sidewalk replacement, including ADA compliant pedestrian ramp construction. STAFF RECOMMENDATION: Staff recommends approval of the final payment to Midwest Asphalt Corporation and acceptance of the work. The Engineer's Report of Final Acceptance is attached. RECOMMENDED MOTION(S): Move to accept the work for 2016 Street Rehabilitation Zone 2 and 2016 State Aid Street Overlay, City Project Numbers 1602 And 1605, and authorize final payment of $17,021.74 to Midwest Asphalt Corporation of Hopkins, Minnesota. ATTACHMENT(S): Engineer's Report of Final Acceptance 115 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2016 STREET REHABILITATION ZONE 2 AND 2016 STATE AID STREET OVERLAY PROJECT CITY PROJECT NUMBERS 1602 AND 1605 June 6, 2017 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Midwest Asphalt Corporation for 2016 Street Rehabilitation Zone 2 and State Aid Street Overlay Projects. The work consisted of milling /removal of existing street surface, required utility replacement /construction, new aggregate base as needed, spot replacement of curb and gutter with required concrete or bituminous driveway and walk /step replacement, spot replacement of sidewalk, new bituminous surfacing, and turf /landscape restoration. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 667,238.80 CHANGE ORDERS $ 0.00 FINAL CONTRACT AMOUNT $ 667,238.80 FINAL WORK APPROVED $ 645,042.05 ALL PRIOR PAYMENTS ($ 628,020.31) BALANCE DUE $ 17,021.74 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer Im. CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7M MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR STORM SEWER IMPROVEMENTS AND STREET REHABILITATION OF 40TH AVENUE DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / June 8, 2017 BY /DATE: r BACKGROUND: City staff has been in discussions with the engineering staff of Anoka County to develop a cost sharing agreement for the storm sewer and street improvements on 40th Avenue from Central Avenue to Reservoir Boulevard. This section of 40th Avenue is County State Aid Highway (CSAH) 2. The County had approached the City in 2016 regarding their intent to resurface the roadway in 2016. The City requested that the County delay the work for one year to allow for City utility work. In 2016, the water main was cleaned and lined. Based on televising records, the existing storm sewer on the south side of the roadway from Central Avenue to LaBelle Pond was in need of complete replacement. As part of the City's Storm Sewer CIP, a new storm line on the north side of the roadway was programmed to reduce surface flooding in the area. Based on the extent of the storm sewer work, Anoka County requested that the street work be combined into a single project. ANALYSIS /CONCLUSIONS: An agreement is attached that defines the responsibilities of the City and the County and has been reviewed by each entities attorney(s). In summary, the agreement defines that: 1. The City of Columbia Heights shall prepare plans and specifications, advertise and open bids for the projects. 2. The City Council of Columbia Heights and the Anoka County Board must approve the award of contract for work to proceed. 3. Columbia Heights will be responsible for construction engineering and construction administration. 4. Anoka County will reimburse Columbia Heights for their share of construction costs plus 8% of construction costs for engineering services. 5. Maintenance of the new improvements shall follow County policy (same as currently exists). STAFF RECOMMENDATION: Staff recommends approval of the Joint Powers Agreement for 40th Avenue Storm Sewer and Street Improvements. RECOMMENDED MOTION: Move to enter into a Joint Powers Agreement with Anoka County for 401h Avenue Storm Sewer and Street Rehabilitation from Central Avenue to Reservoir Boulevard. ATTACHMENT(S): JPA with Anoka County 117 Anoka County Contract No. COOOXXXX JOINT POWERS AGREEMENT FOR RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 2 (40TH AVE NE) BETWEEN TH 65 AND RESERVOIR BOULEVARD IN THE CITY OF COLUMBIA HEIGHTS, MN (SAP 002 - 602 -xxx) THIS AGREEMENT is made and entered into this day of , 2017 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Columbia Heights, 590 401h Avenue NE, Columbia Heights, MN 55421, hereinafter referred to as "City ". WITNES SETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct County State Aid Highway 2 (CSAH 2) /40th Ave NE between TH 65 and Reservoir Boulevard and, WHEREAS, said parties mutually agree that County State Aid Highway 2 (CSAH 2) /40th Ave NE is in need of reconstruction and storm sewer system improvements; and, WHEREAS, the City has prepared preliminary design plans for the reconstruction and storm sewer improvements of CSAH 2 in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over CSAH 2 between TH 65 and Reservoir Boulevard and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: PURPOSE The parties have joined together for the purpose of reconstructing CSAH 2 beginning 58 feet east of the centerline of TH 65 to 650 feet east of the centerline of TH 65, installing new storm sewer and drainage structures from 60 feet east of the centerline of TH 65 to 600 feet east of TH 65 on CSAH 2, and mill and overlay CSAH 2 between 650 feet east of TH 65 to Reservoir Boulevard as described in the preliminary design plans. The County project number for the reconstruction is SAP 002- 602 -xxx, the City project numbers are SAP 113- 020 -006 and CP 2017 -Oxx. Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. 118 The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 002 - 602 -xxx from 58' east of Th 65 to Reservoir Boulevard is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Project. It is agreed that the Exhibit "A" Layout dated April, 2017 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. II. METHOD The County shall cause the construction of Anoka County Project SAP 002 - 614 -040, City project number SAP 113 - 020 -006, CP 2017 -Oxx, in conformance with proposed engineering plans and specifications. IMPROVEMENTS It is agreed by the parties that in 2017 CSAH 2 is to be rehabilitated 58 feet east of the centerline of TH 65 to Reservoir Boulevard. Storm sewer and drainage structures will be replaced on the south side of the roadway in this segment.. New storm sewer and drainage structures will be placed on the north side of the roadway in this segment. The roadway will be reconstructed from 58 feet east of the centerline of TH 65 to 650 feet east of the centerline of TH 65, and will be milled and overlayed from 650 feet east of the centerline of TH 65 to Reservoir Boulevard, to the extent shown in "Exhibit A ". Improvements include but are not limited to: reconstruction of pedestrian ramps, curb and gutter repairs, drainage structure replacement, sidewalk, pavement construction and pavement mill and overlay. The costs of these improvements have been estimated for this agreement and will be finalized after bids have been received. These costs will be shared by the County and the City. RIGHT OF WAY: The parties agree that adequate right -of -way and easements exist for the Project. Acquisition of any additional right -of -way and /or easements needed for improvements to the City sidewalk and storm sewer beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. TRAFFIC SIGNALS: There are no changes to the MnDOT owned traffic signal at TH 65 and CSAH 2. Replacements of loop dectectors and traffic system handholes are included to facilitate the roadway improvements. DRAINAGE: The City shall pay the cost of the storm sewer system, including their outlet structures. The City portion of the cost is based on the new storm sewer system to Labelle Pond on the north side of CSAH 2. The County shall pay the cost to replace the existing system on the south side of CSAH 2. 2 119 SIDEWALK: The parties agree that per the standard Cost Share Policy the replacement walk shall coincide with the storm sewer improvements. New pedestrian ramps will be constructed at the intersections to comply with ADA standards. The City will contribute all funds for any new sidewalk construction and the County will be responsible for the cost of any existing sidewalk replacement. The parties understand that the cost for the sidewalk includes: concrete surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), turf establishment, design of the sidewalk, the temporary easements required to construct the sidewalk at the proper location, and any removal items required to construct the sidewalk. TRAFFIC CONTROL: The parties understand and agree that CSAH 2 will be closed to thru traffic from TH 65 to 650 feet east of TH 65, and will have one EB lane and one WB lane open to thru traffic on the remainder of CSAH 2 during construction, and will always be open to emergency vehicles. The parties agree and understand the cost share for traffic control for storm sewer improvements shall be a prorated share based on the Storm Sewer Improvement costs only.Traffic control for the road rehabilitation shall be the County cost. DRIVEWAYS: The parties agree that all driveways affected by the Project will be reconstructed in kind with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LANDS CAP ING /S TREETS CAPING: The parties agree that if the City wishes to include landscaping, streetscape features or street lighting in the project, they shall be designed in accordance with Anoka County Highway Department Landscape /Streetscape Guidelines. The City shall supply the signed plan sheets and specifications for the proposed landscape /streetscape. The total cost of the design as well as the construction cost will be at the expense of the City. All construction documents must be submitted to the County by May 30, 2017. Maintenance of any landscaping /streetscaping will be the sole responsibility of the City. UTILITIES: The parties agree that the Exhibit "A" Layout does not include specific proposed utility locations. The City will be responsible for the design of any sanitary sewer and water main improvements and /or relocations due to road reconstruction, which will be incorporated into the project bid documents. The cost of the design of these features shall be the responsibility of the City. The cost of construction of these features shall be the responsibility of the City. The cost of construction of these features solely due to road reconstruction shall be the responsibility of the City. The City's design of the sanitary sewer and water main utilities are to include signed plans, specifications, and estimated quantities and cost. All construction documents must be submitted to the County by May 30, 2017. 3 120 PERMITS: The parties agree that the City will secure all necessary permits for this Project. The County agrees to coordinate with the City in securing the permits required by the Mississippi WMO, County permits, as well as any other permits that may be required. The City also requests that the County inform the City of any County regulations that affect construction at the time of the signing of this JPA. (e.g. setbacks, tree clearing, or any other county regulations.) III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $855,250. The total estimated construction cost to the County is $487,652. The County participation in construction engineering will be at a rate of eight percent (8 %) of their designated construction share of $487,652. The estimated cost to the County for construction engineering is $39,012. In summary, the total County share of this project is $526,664. (includes construction and construction engineering costs). Upon award of the contract, the County shall pay to the City, upon written request by the City, ninety -five percent (95 %) of its portion of the cost of the project estimated at $500,330. Prior to billing, this estimate will be updated by the City to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the County at the time of billing. The County's share of the cost of the project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the City. Upon final completion of the project, the County's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety -five percent (95 %) charged will be made in the form of credit or additional charges to the County's share. Also, the remaining five percent (5 %) of the County's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES 4 121 All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. Prior to County payment to the City, Anoka County shall provide the County a copy of all cost participation documents submitted to MnDOT State Aid to assist the County in their application for CSAH funding. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The County shall pay its pro rata share of costs which the City incurred prior to such notice of termination. IX. MAINTENANCE A. Maintenance of the completed storm sewer (except catch basins and catch basin leads) and detention basins (including ponds and their outlet structures and grit chambers /collectors) shall be the sole obligation of the City. B. Maintenance of the south storm sewer shall be the sole obligation of the County. C. Maintenance of all sidewalks, including snow plowing, shall be the sole responsibility of the City. D. Maintenance of crosswalk pavement markings on City streets shall be the responsibility of the City. The City will be responsible for all crosswalk pavement markings for the crossings at all city streets. E. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. XI. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 5 53 03, on behalf of the County, and to the City Manager of City of Columbia Heights, 590 40th Avenue NE, Columbia Heights, MN 55421, on behalf of the City. XII. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. 122 XIII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF ANOKA By: By: Rhonda Sivarajah, Chair Donna Schmitt Board of Commissioners Mayor Dated: Dated: ATTEST By: Jerry Soma County Administrator Dated: RECOMMENDED FOR APPROVAL BY: Douglas W. Fischer, P.E. County Engineer Dated: APPROVED AS TO FORM BY: Dan Klint Assistant County Attorney Dated: in Dated: am Dated: an Dated: 0 Walter Fehst City Manager Kevin Hansen, P.E. Director of Public Works /City Engineer James Hoeft City Attorney 123 EXHIBIT "C" COST - SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS COUNTY SHARE CITY SHARE Concrete Curb & Gutter 50% 50% Concrete Curb & Gutter for Median Construction 100% 0% Concrete Median 100% 0 *' Concrete Sidewalk 0% 100% Concrete Sidewalk Replacement 100% 0% Bikeways 0% 100% Bikeway Replacement 100 %, 0% Unless existing trail not placed at edge of R/W Construction or Adjustment of Local Utilities 0% 100% Grading, Base and Bituminous 100% 0% Storm Sewer based on state aid letter *` based on state aid letter *2 Driveway Upgrades 100 %, in -kind 100 %, of up- grades Traffic Signals, new & replacements (communities larger than 5,000) '/2 the cost of its the cost of its legs of w/ State Aid approved SJR legs of the intersection the intersection plus 1/2 the cost of the County legs of the intersection Traffic Signals, new & replacements (communities less than 5,000) 100% 0% w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR 0% 100% EVP 0% 100% Engineering Services *3 *3 Right -of -Way 100 %R4 0% Street Lights 0% 100% Noise Walls 100 % *5 0 % *5 *1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. *3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *4 In the event that the Township or City requests purchase of right -of -way in excess of those right -of -ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right -of -way, in which case the Township or City may pay for that portion of the right -of -way. Acquisition of right -of -way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right -of -way costs, incurred by the County because a Township or City did not acquire sufficient right -of -way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. *5 If previously notified, the City shall be responsible for future noise wall maintenance. Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. The County shall pay 100% of Standard Noise Wall Cost. If a local agency requests decorative noise walls, then the requesting agency will pay the additional cost above the cost of standard noise wall. Furthermore, should an agency request a noise wall to be built where not required by the applicable federal or state standard, the entire cost of the wall shall be borne by the requesting agency. 7 124 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7N MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA Al DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: April 7, 2017 BY /Date: f BACKGROUND /ANALYSIS Attached is the business license agenda for the June 12, 2017 Council meeting. This agenda consists of applications for 2017 Contractor Licenses, licenses for an Ice Cream Truck, a Peddler's License for Jamboree, a Carnival License, a Massage Therapist License, and a Wine /Beer License. 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 April 10, 2017 as presented. 125 June 12 2017 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL June 12, 2017 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2017 BLDG *Atlantis Pools Inc 10200 73rd Ave N, Maple Grove $60 Terra Firma Estates 750 NW 4t" St, New Brighton $60 *Crown Drain Cleaning 3232 90th Ave NE, Blaine $60 AA Contracting Inc. 1242553 rd St N, Stillwater $60 *Artistic Plumbing 6349 Quebec Ave N, Brk Pk $60 *Energy Savers Insulation 5158 Bloomington Ave S, Mpls $60 *Professional HVAC 2861 Center Rd, Avon, OH $60 *Downtown Mechanical 311 1 st Ave N, Mpls $60 *Regency Plumbing 3414 Louisiana Ave N, Crystal $60 *Riverside Plumbing 7837 Mississippi Ln, Brk Pk $60 *Owens Co 930 E. 80t" St, Bloomington $60 *Local Plumbers /The Plumb Guys 3440 Kilmer LN N, Plymouth $60 *Advanced Htg & AC 15311 Kangaroo St NW, Ramsey $60 *Cities Lawn & Snow 2082 Manitou Ave, St Paul $60 CARNIVAL . POL *Family Fun Shows 20590 State Highway 83, Mankato $200 ICE CREAM VEHICLES POL *Abdelrahman Alhabarneh 907 46 %2 Ave NE, #101, Hilltop $50 POL PEDDLER *Gerald Johnson, Matt Milner Sales 129852 d Ave, Fridley $50 For Novelty sales during Parade Page 2 POL MASSAGE THERAPIST *Gui Ping Hu for Sunny Massage 5019 University Ave NE $100 + $250 Inv POL WINE/BEER LICENSE *Jasmine Thai 3800 Central Avenue NE $1900 prorated 126 U) F- r (D w 2 m D J 0 U- 0 H U W 0 N Z c\j W U) W Z Z 00� OAV- 14 LC W U ~ W Q Q00 ZZH w2W 0WW Qt=5 F- Z W n W W Z Z ti 0 N N a) C LL 0 Z H W W J_ U Z D 0 U F- 0 W Z Z_ LL 0 W F- H Z Q LL O F- Z D 0 U) C� W 2 m D J O LL 0 H U U a) L U C > O U CL U) E M U 4- O N a) m a) cn co U C O U U a) OD 70 ti N N v— a) cu U) ca O U) m c t a) U C cu 0 U U cu c cu a) 0 ml 4 0 cri N LO ti O C O E m a) c 00 ti CD co r O co rn LO r O —0 o � c a) C a) E E O U a) N a) L fB C fB U) F- 2 (7 w m J 0 U LL O F- U a) cn c c� U a) (0 L U cQ 0) Q) a) Q O c O c cQ m C (B x a) c a) m a) ca U � (D a) v E cn co a) L o tl- N 00 N xF� 4 E x x 0 a * * H a * * w 0 w � U * * u � H Qa CT * * * } O * + H O aOD * * * * 04 11 U O o * * U 5 W ul rx + * N 10 0 O O O + + H O LO ' a + + > o Ln E a a * * HC7U * * H U * 07 Pa �O * * a * z � + + H 0 +. + + -k -k H �l �3 �:s �j �l �:j �j Q * 0000 u zz or �4 + * z x 0 * * rn 4J * zzzz+ O Lf) x * * o s) u * FC FC FC FC * N N Q * + \ + a• * * N C (D U + W W W W* H * * U) a o ° wa aaaa + rt * * w o * * * * * * . . . . . . . . . . . . . r 0 m Ln + * m .� Q v H •• * * . . . . . 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P; 2HH04 HHa52: azZ5 U HH w U) I U) H H I C�HHW U <P UH HHHf14 W f400W C7HQUz Q I t7 044 aH 04 1 a FCHa>+U) ••04 a w UUU)az<mzw z I z z r� H I <H ❑ <0' I a HNCo w PxPx < H Z H M a I H < H •• (4 I zzFCW w H 9 HHQxQWHH W Cx0xmx000x(4 0f Q0�n4 f-4 •• I �4 0.l Ur a U I wz HaUfxw W HHH w W Zf�aaW W p E-Ha0Ha>C 04 W I U Z H < U) 1 ZFCFC4MW ME, nG4 44 w 04 04 04 H3 W0010PH g0zHGr z W a W a rho U w 1 wa❑F9NH44 HHHH<<< HH< rH D Z 0 Z a a U a W ❑ I 0704 WWUWFa<PxHHHU)UUU3tnlZc aa3U)U]UM UH rC W� Z I U C H\ G o O ❑ ❑ I x x 1 x U)\ z z I H-1 Nin000H HNQ0LOOINNLOrIHN(`") Q'mmHN(`" HLO0Md'r H z z I Z H U 0 J 7 I O O O H N N d' 1-0 r r r w m O H H (n O O 0 o o (n in U) U) O o N w m W O FC F[ I < O F� 0 w r 4 I H N N N N N N N M (`") m m m 'T 31 IT dv l0 to l0 lD O l0 l0 l0 l0 r r r of m w H m m I fQ H co M AGENDA SECTION PUBLIC HEARING ITEM NO. 8A MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Public Hearing: Repeat Nuisance Call Service Fee Appeal DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Scott Nadeau /June 8, 2017 �� BY /DATE: r BACKGROUND: Ken Hertz, the owner of 940 39" Avenue NE, has requested a hearing to dispute the Nuisance Call for Service fee that was imposed on him regarding activities at that address. See the attached memo for detailed information on the issues there. STAFF RECOMMENDATION: After three violations that met the requirements of the Nuisance Call Service Fee ordinance, a fee of $250 was imposed on the owner of 940 39th Avenue, Ken Hertz. He is contesting this fee. RECOMMENDED MOTION(S): MOTION: Motion to uphold the $250 Nuisance Call for Service Fee imposed on Ken Hertz, owner of 940 39th Avenue NE. ATTACHMENTS: memo 137 To: Mayor Donna Schmitt Members of the Columbia Heights City Council Walt Fehst, City Manager From: Captain Lenny Austin Subject: Request to Appeal CFS Fee Date: June 7, 2017 On May 23, 2017, the City of Columbia Heights received a notification from Ken Hertz, the owner of 940 391" Avenue, advising the city that he is requesting to appeal the $250.00 nuisance call for service fee to his property that occurred on May 2 °a, 2017 (Case #17093086). I have enclosed a copy of the Repeat Nuisance call Service Fee Ordinance for your review. The ordinance states that the city may impose a repeat nuisance service call fee upon the owner and/or occupant of a private property if the city has rendered services or responded to the property on three or more occasions within a period of 365 days in response to or for the abatement of nuisance of misconduct. Nuisance misconduct is defined as any activity, conduct, or condition occurring upon private property within the city that unreasonable annoys, injures, or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace to which the city is required to respond, including, but not limited to the following: • An activity, conduct, or condition deemed as a public nuisance under any provision of the City Code. • Any activity, conduct, or condition in violation of Minnesota Statute 609.33. + Any conduct, activity, or condition constituting a violation of any Minnesota state law prohibiting or regulating prostitution, gambling, controlled substances, use of firearms, and/or + Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota statutes. Below is information regarding the incident resulting in this recent Repeat Nuisance Call for Service Violation: On May 2, 2017, at 8:17 a.m., Officers were dispatched to a loud domestic situation that was called in by a neighbor. A neighbor from the building had called police to report a loud domestic from an apartment inside the building where people could be heard screaming, and children were heard running and possibly trying to get help. Officers could hear females yelling from outside apartment 10. Officers contacted the occupants in the apartment. The occupant stated she had been arguing with her girlfriend. Officers advised the tenant of the noise ordinance and left the residence. attachment 138 ORDINANCE NO. 1568 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REPEAT NUISANCE CALL SERVICE FEE Chapter 8 of the Columbia Heights City Code will be amended to include the following: ARTICLE VIII: REPEAT NUISANCE CALL SERVICE FEE Section 8.801 Purpose 8.802 Scope and application 8.803 Definitions 8.804 Repeat nuisance service call fee 8.805 Notice 8.806 Right to appeal 8.807 Legal remedies nonexclusive 8.808 Applicability of repeat nuisance service call fee 8.809 Recovery of fee § 8.801 PURPOSE. The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property or location for nuisance service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect service call fees from the owner or occupant, or both, of property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services and police protection city- wide. § 8.802 SCOPE AND APPLICATION. This Section applies to all owners and occupants of private property which is the subject or location of the repeat nuisance service call by the City. This Section applies to any repeat nuisance service calls made by a City of Columbia Heights peace officer, part-time peace officer, community service officer, animal control and/or code enforcement officers. 139 § 8.803 DEFINITIONS. For purposes of this Section, the term "nuisance misconduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: (A) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; (B) Any activity, conduct, or condition in violation of Minnesota State Statute 609.33; (C) Any conduct, activity or condition constituting a violation of any Minnesota state law prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and/or (D) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. § 8.804 REPEAT NUISANCE SERVICE CALL FEE. (A) The City may impose a repeat nuisance service call fee upon the owner and/or occupant of a private property if the City has rendered services or responded to the property on three or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. (B) The repeat nuisance service call fee will be set forth in a resolution approved by the City Council. An additional amount may be imposed to reflect the salaries of police officers, community service officers, animal control and/or code enforcement officers while responding to or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property damaged as a result of the nuisance call, and the cost of any medical treatment of injured officers. (C) A repeat nuisance service call fee imposed under this Section will be deemed delinquent if it is not paid within 30 days after the City mails the billing statement for the fee. The City will add a ten percent late penalty to a delinquent payment. § 8.805 NOTICE. (A) No repeat nuisance service call fee may be imposed against an owner or occupant of property without first providing the owner or occupant with written notice of the two previous nuisance service calls which are the basis for the fee. The written notice must: (1) Identify the nuisance conduct that previously occurred on the property, and the dates of the previous nuisance conduct; and 2 140 (2) State that the owner or occupant may be subject to a nuisance call service fee if a third nuisance service call is rendered to the property for any further nuisance conduct; and (3) State that the City has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and (4) Be served personally; by U.S. Mail upon the owner or occupant at the last known address; or by posting the subject property. § 8.846 RIGHT TO APPEAL. (A) When the City mails the billing statement for the repeat nuisance service call fee, the City will inform the owner or occupant of their right to request a hearing, (B) The owner or occupant upon whom the fee is imposed must request a hearing within ten (10) business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the City Clerk. The hearing will occur within thirty (30) days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this Section, the right to a hearing is waived. (C) The hearing will be conducted by the City Council in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the City Council will make written Findings of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service fee. The City Council will serve the Findings of Fact and Conclusions upon the owner or occupant by U.S. Mail within ten (10) days of the hearing. (D) if the owner or occupant fails to appear at the scheduled hearing date, the right to a hearing is waived. (E) Upon waiver of the right to a hearing under subdivision (2) or (4) or upon service of the City Council's Findings of fact and Conclusions that the repeat nuisance call service fee is warranted, the owner or occupant must pay the fee imposed within ten (10) days. § 8.807 LEGAL REMEDIES NONEXCLUSIVE. Nothing in this Section will be construed to limit the City's other available legal remedies, including criminal, civil, injunctive or others, for any violation of the law. § 8.808 APPLICABIILTY OF REPEAT NUISANCE SERVICE CALL FEE, The City may not impose a repeat nuisance service call fee against an owner or occupant for a police response relating to emergency assistance, including, but not limited to, domestic spousal and child abuse. 3 141 § 8.809 RECOVERY OF FEE. (A) If a repeat nuisance service call fee remains unpaid thirty (30) days after the billing statement is sent by the City, it shall constitute: (1) a lien on the real property where the violation occurred, or (2) a personal obligation of the owner or occupant in all other situations. (B) A lien may be assessed against the property and collected in the same manner as taxes. (C) A personal obligation may be collected by appropriate legal means. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: August 10, 2009 Second Reading: August 24, 2009 Date of Passage: August 24, 2009 Offered by: Kelzenberg Seconded by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg Attest: atricia Muscovitz, CMC City Clerk 4 Zvi 0- Mayor Gary 4 Peterson 142 38553 CEN7RAL VE, N.E. COLUMM I IG TS; lbw 5 421 +OFFICE. (612) 325 -1161. FAX 763 413 -5174 email- k+ ohe w4hisa-am may A 2017 Katie 13two Ci� Cle . City ofColumbia Heights Email- Re appeal of nafi�cafion offine assessment for 940 590' Ave, NE., Colurdbia 46&_s, M'SZ, C14PD 176008() Plew be advised that t,3LU, LLC has retained this yam in the abase referenced matter. Please donsider this lefter the formal notice Of appeW o fthe.ab ove referenced; ne assessed to Uijj� LLB as required by brdinanr,� ;No. 1568, Artiele'�'l.11 �8:�06. Please notify me as to the date and time Of the heat*. If possible, could you schedule the hear as far out as pa ible based an cariiliiet.s an current sehedit#inS, Ifthere is additional information ybu need, please let me know, Thank you for your assWa Lice in this matter.' Kenrmethe 143 COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8B MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: A Conditional Use Permit for outdoor storage on the property located at 725 39th Ave. NE. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: f l ;f: BY /DATE: Elizabeth Holmbeck/ June 8, 2017 BY /DATE:' BACKGROUND: Mark Jedele on behalf of Total Export, Inc. is requesting a Conditional Use Permit to allow for outdoor storage on the property located at 725 39th Ave. NE. Total Export is a custom crate manufacturing and export packing business. They are proposing to store lumber, pallets, and occasionally some equipment outdoors. The applicant has submitted a narrative and a detailed materials list which outlines the types of materials they work with and those that will be stored on site. The applicant has proposed to add screening to the existing fence along the adjacent residential properties and has plans to make some improvements to the exterior of the building. The Staff Planning Report which includes technical review information is attached for the City Council to consider. The Planning and Zoning Commission held a public hearing on the request for a Conditional Use Permit. At the June 6th meeting, the Commission unanimously recommended approval of the proposed Conditional Use Permit. STAFF RECOMMENDATION: It appears the Findings of Fact that are required for the City to approve a Conditional Use Permit are met as outlined in the Zoning Ordinance and staff recommends that the City Council approve the Conditional Use Permit for the property located at 725 39th Avenue NE., subject to certain conditions. RECOMMENDED MOTION(S): Motion: Move to close the public hearing and waive the reading of Resolution 2017 -52, there being ample copies available to the public. Motion: The Planning and Zoning Commission recommends that the City Council approve Resolution No. 2017 -52 for a Conditional Use Permit for outdoor storage for the property located at 725 39th Avenue NE., subject to certain conditions. 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right -of -way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right- of -way. Required screening shall consist of a fence, wall, earth berming and /or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved. 6. All goods, materials and equipment shall be stored on an impervious surface. 144 City of Columbia Heights - Council Letter Page 2 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines. 10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled. 11. No truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting. 12. Any barbed wire adjacent to residential properties must be removed. 13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director /City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder's Office. 14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing materials must be approved by the Zoning Administrator. 15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance. 16. Vehicles that are visible from the street or adjacent residential properties must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance. 17. 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. 18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction ATTACHMENTS: Resolution No. 2017 -52 Planning Report Location Map Application Applicant's Narrative Product and Storage List Pictures Site Plan 145 RESOLUTION NO. 2017 -52 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for outdoor storage on the property located at 725 39th Ave. NE. Whereas, a proposal (Case # 2017 -0601) has been submitted by Mark Jedele on behalf of Total Export, Inc. to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 725 39th Ave. NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.104 (H), to allow for outdoor storage on the property located at 725 39th Ave. NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on June 6th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 146 City of Columbia Heights - Council Resolution Page 2 (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right -of -way is prohibited. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right- of -way. Required screening shall consist of a fence, wall, earth berming and /or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines. 10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled. 11. No truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting. 12. Any barbed wire adjacent to residential properties must be removed. 13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director /City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder's Office. 14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing materials must be approved by the Zoning Administrator. 15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance. 16. Vehicles that are visible from the street or adjacent residential properties must be parked in an orderly 147 City of Columbia Heights - Council Resolution Page 3 fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance. 17. 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. 18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. ORDER OF COUNCIL Passed this 12th day of June, 2017. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 148 CK COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0601 DATE: June 6, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Mark Jedele, Total Export Inc. DEVELOPMENT: New Industrial Property Owner LOCATION: 725 39th Ave. NE. REQUEST: Conditional Use Permit for Outdoor Storage PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, Mark Jedele on behalf of Total Export, Inc. is requesting a Conditional Use Permit to allow for outdoor storage on the property located at 725 39th Ave. NE. Total Export is a custom crate manufacturing and export packing business. They are proposing to store lumber, pallets, and occasionally some equipment outdoors. The applicant has submitted a narrative and a detailed materials list which outlines the types of materials they work with and those that will be stored on site. The applicant has proposed to add screening to the existing fence along the adjacent residential properties and has plans to make some improvements to the exterior of the building. ZONING ORDINANCE The property located at 725 39th Avenue NE. is located in the I -1, Light Industrial Zoning District. The properties to the north, south, and east are located in the R -3, Multiple Family Residential District. The properties to the west are located in the 1 -2, General Industrial Zoning District. The proposed use is a permitted use in the Zoning Ordinance. The proposal for outdoor storage is listed as a conditional use in the Zoning Ordinance. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Industrial Use. The outside storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guidelines Overlay District. 149 City of Columbia Heights Planning and Zoning Commission Planning Report June G, 2017 Page 2 SITE PLAN The applicant submitted a site plan which indicates where the outdoor storage will be located, and where the fencing will be located. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor storage is specifically listed as a Conditional Use in the I -1, Light Industrial Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The property is guided for Industrial use. The outdoor storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. If properly screened from neighboring properties, the proposed use should not impose hazards or disturbing influences on neighboring properties. The applicant will be required to install screening per the City's Screening requirements. The applicant will have to adhere to Specific Development Standards as it relates to outdoor storage. The City has Specific Development Standards which are meant for unique characteristics of certain land uses. The standards are meant to protect the neighboring properties from any hazardous or disturbing influences. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of neighboring properties would not be diminished in any way with the proposed use of the subject property. The property has historically been used for Industrial types of uses. Previous owners have stored materials associated with the property's use outside without screening. The new property owner will be improving the exterior facade of the building and adding screening along the adjacent residential boundaries. {e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 150 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 3 The use will be subject to the Specific Development Standards as outlined in the Zoning Code for outdoor storage. These specific requirements are added as conditions to the proposed Conditional Use Permit, and meant to protect the intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The on -site circulation of traffic will remain unchanged. A condition has been added which prohibits any truck traffic to occur on Jackson Street. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. Based on the fact that the property has been used for industrial uses historically, the use should not cause a negative cumulative effect. It is possible that the proposed use could cause a negative effect to other uses in the immediate vicinity. Staff has added proposed conditions to the permit for the City Council to consider in an effort to minimize these potential negative effects. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Providing the applicant complies with the Specific Development Standards, which are added as conditions of approval, the use will comply with the City's applicable regulations. RECOMMENDATION Staff recommends that the Planning Commission recommends approval of the proposed Conditional Use Permit for outdoor storage for the property located at 725 39th Avenue NE., subject to certain conditions. Motion: Move to close the public hearing and waive the reading of Resolution 2017 -52, there being ample copies available to the public. 151 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 4 Motion: The Planning and Zoning Commission recommends that the City Council approve Resolution No. 2017 -52 for a Conditional Use Permit for outdoor storage for the property located at 725 39th Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right -of -way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right - of -way. Required screening shall consist of a fence, wall, earth berming and /or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines. 10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled. 11. No truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting. 12. Any barbed wire adjacent to residential properties must be removed. 13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director /City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder's Office. 14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing materials must be approved by the Zoning Administrator. 15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance. 16. Vehicles that are visible from the street or adjacent residential properties must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance. 152 City of Columbia Heights Planning and Zoning Commission June 6 2017 Planning Report Page 5 17. 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. 18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. ATTACHMENTS Resolution No. 2017 -52 Location Map Application Applicant's Narrative Product and Storage List Pictures Site Plan 153 A NO c U 'Y . r-I Wy,7 ISM.— 7(.- M-- Ir A Ac•y,,sf 154 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City.• CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: To be filled out by Applicant, PROPOSED NAME OF DEVELOPMENT: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: PROJECT ADDRESS/LOCATION: Z V- , 1/z 1, LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: Ili REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request Describe any modifications and /or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT PHONE &2 , 06:)FAX E-MAIL Z'Zl ;-zz z x PAGER CELL CITY a rw14 7Gv,TiM STATE ZIP FEE OWNER OF PROPERTY z ADDRESS 2i Cly _ X,/ PHONE FAX CITY STATE ZIP Page 1 of 2 155 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee TOTAL AMOUNT RECEIVED $7 �p CITY RECEIPT NUMBER (V6109 9 DATE RECEIVED !�f -LS 11-1 1-1 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: ..sl. 1101 :4� H SIGNATURE (If different from Applicant) COMMUNITY DEVELOPMENT Revised: 2006 AFF MEMBER AND TITLE 7 DATE DATE DATE Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 156 award �:•r.'.�r ..._Y Z . 3300 NF Fifth Street Minneapc>lis, Minnesota 55418 at w °ww. total export. net TOTAL Phone 612 -788 -9777 e Fax 61'- 788 -3094 EXPORT Conditional Use Permit Narrative April 22, 2017 Total Export, Inc. 725 39th Ave NE, Columbia Heights, 55421 I am the new owner of the 54,000 sq ft industrial building at this address. My business, Total Export Inc., will be occupying approximately 40,000 feet of this building to operate our custom crate manufacturing and export packing business. At our former location we would store lumber, pallets and occasionally some equipment outdoors. (see attached photos for examples) We are requesting permission to continue the practice under a conditional use permit. We would install screening materials in the existing chain link fence (see attached sample) to prevent these materials from being seen by any of our neighbors. The screening would be installed on the north fence starting at the northeast corner of our building, continue to the northeast corner of the property and the entire fence on the east side of the property. (See attached photos.) We will also be improving the exterior appearance of the building. We will be painting the exterior walls on the south, east and north side of the building, building a more attractive office entrance, upgrading the building to ADA access, and adding landscaping on the south side of the property. (See rendering of the plan attached) The materials would be stored near the east side of the property, no higher than the fence. Thank you for considering our proposal. l Mary Jedele President and Owner Marjet Properties, LLC Total Export, Inc. inclustrini Domestic and Export Packing � Hazardous Materials - Wood Gates and Skids 1`0;ilitary Spec i icCation « Packa.0119 Supplies a Corrosive Ir�l��t�at.;�s Cc)ntainerization 0 Out;'ourcing 157 Additional information for Total Export Conditional Use Permit - 725 39th Ave NE Total Export Business Description Total Export is a custom packaging solutions company. We help our customers pack their items for shipment to anywhere in the world. We either provide the custom designed crate or skid and specialized packaging materials for our customers and they pack the item, or the item comes to us and we do the packaging and load the outbound trucks. Most of our customers manufacture machinery that is used in a manufacturing plant, but we can help most anyone prepare almost anything for safe transport. On any day we could package assembly line equipment for a 3M plant, industrial ovens, shears that cut steel beams, laser cutting machines, industrial x -ray equipment, high grade metal alloy bars of steel, machines that make medical devices, conveyors for food processors, 30,000 pound mixing machines that process recycled water bottles and many other machines that do almost anything. We have also packaged artistic architectural glass, artwork, classic cars, boats, ATVs, etc. We have packaged things as small as delicate instrument that weighs a few pounds and as large as an 80,000 pound machine that was 50 feet long. We also package items that are considered hazardous for air and ocean shipments. This is usually a small amount of paint, lithium batteries or other flammable items. We do not package explosives, ammunition or similarly dangerous items. These types of items require our certified employees to properly package and document the contents for these items to be acceptable cargo on planes and ships. If you stop by our business you will find a 1200 square foot office with six people working with customers and preparing orders and ten to twenty people on a 40,000 square foot production floor. The production employees will be using saws and nail guns to build custom crates and skids, forklifts and cranes to load and secure equipment in the newly built crates, and forklifts to unload and load trucks. For a more in depth description of our services visit www.totalexport.net Total Export Outside Storage Requirements The items which would be stored outside would include: • Customer's machinery that can be stored outside until packaged • Customer's equipment packaged in crates or skids awaiting pickup • Stacks of standard pallets • Stacks of skids or crates that we have built and are waiting for pickup • Bins of scrap lumber that our neighbors take for no cost and use as firewood • Racks of propane tanks that the fire department prefers be stored outside • Dumpsters for wood and rubbish 158 Fence Screening Options The preferred screening solution is a Solid Vinyl Screen Fabric by fencescreen.com. This product offers 100% blockage, cost effective solution and easy installation. It comes in five colors: black, green, blue, sand and white. I would suggest the black or green but defer to the neighbors. See attached marketing materials from fencescreen.com or go to www.fencescreen.com 400 series 100 %. An alternative is the Privacy Blade Slate from the same vendor. These vertical slats are woven into the chainlink fence. This solution costs 30% more and is more difficult to install, although provides a longer lifespan. It offers 90% blockage and is offered in six colors: black, green, brown, sand, rust and white. I would suggest the black or green but defer to the neighbors. See attached marketing materials from fencescreen.com or go to www.fencescreen.com 5000 series 90 %. Fence clean up We are also planning on removing the barb wire strands at the top of the fence and trimming /maintaining the existing landscaping to improve the look of the property for our neighbors. 159 u� . �� ►�` +�' L �� -�,� "'!�.r�� '15'0 �V A � -� ..� � _ '° .,,'S,a�.�'. 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I Yf� : R e' 1�1R i Yozy J a /f s t7 f 2 V 3.E6E0 s y W f p •I a n m_ u °.a t ; O w 6 E 05'80{ M. i_ l NN '•11•l ++'vua yy O OZ'W MZl.tM ION S 1 v A CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8C MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: An appeal to the City Council, and request for a Conditional Use Permit with a waiver to a Specific Development Standard for two K -12 Schools to operate on the property located at 3989 Central Avenue NE. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: r, I Az .. BY /DATE: Elizabeth Holmbeck/ June 8, 2017 BY /DATE: 1,el, 1 BACKGROUND: Nancy Aleksuk on behalf of 500, LLC has submitted an Appeal to the City Council, and a request for a Conditional Use Permit with a waiver to a Specific Development Standard in the Zoning Ordinance. The applicant is proposing to renovate the former office building located at 3989 Central Ave NE. to allow for two schools to operate on the property, along with the Columbia Heights Adult Education Facility and a retail tenant. The applicant is proposing to have a K -6th grade School and a 7 -12th grade School occupy the majority of the building including part of floor one, and all of two, three, four, and five, as indicated on the attached plans. At this time they have indicated that the K -6th grade School will have approximately 250 students, and the 7 -12th grade School will have approximately 100 students. The applicant has proposed to renovate the patio deck on the northwest side of the building to accommodate an outdoor playground area. The outdoor playground area would be in the former bank drive thru area on the ground level, and above the drive thru on the patio deck off of the second floor. The proposal indicates the Columbia Heights Adult Education Facility will occupy the 6th floor and a future retail user(s) occupy the front portion of the first floor. The plan calls out two areas for retail on the south east and south west side of the building. The applicant has indicated that a coffee shop has expressed interest in locating on part of the first floor. The attached plans show a proposed outdoor patio on the south west side of the building for the coffee shop. The proposal for two K -12 Schools requires a Conditional Use Permit. The applicant submitted a request for a waiver to a Specific Development Standard of the Zoning Ordinance which requires that: the parcel upon which the K -12 School is located shall have a lot area no less than four times the size of the building footprint. This requirement is presumably in place to allow for outdoor recreation, meet parking demands, and accommodate on site pedestrian and vehicular circulation. The building was not originally built as a k -12 school and as such does not meet this standard. In the attached narrative, the applicant argues that this requirement is unnecessary to the schools operation and that the proposed outdoor playground area will meet the needs of the two schools. The Staff Report which includes technical review information is attached for the City Council to consider. The Planning and Zoning Commission held a public hearing on the request for a Conditional Use Permit with a waiver to the Zoning Ordinance. At the meeting there was a lengthy discussion between the Planning and Zoning Commission and the applicant regarding how the school would operate on the site. The minutes from the June 6th meeting are attached for the City Council to review. The Planning and Zoning Commission unanimously denied the request for a waiver to a Specific Development Standard, and that the Conditional Use Permit be denied based on the denial of the waiver request. The Planning and Zoning Commission then recommended that the City Council act on the request for a Conditional Use Permit, and forwarded the 176 City of Columbia Heights - Council Letter Page 2 associated Site Plan to the City Council to review. Since the applicant's original request for a waiver was denied by the Planning and Zoning Commission, the applicant has submitted an Appeal to the City Council to grant the waiver as requested. STAFF RECOMMENDATION: Staff recommends that a condition be added to the permit that limits the amount of area in the building that the two schools can occupy. This is similar to how we have handled another Conditional Use Permit for a K -12 School in the past. Staff is making this recommendation, to ensure that the building remains a Mixed Use Building as to not compromise the intended commercial character of the area. Staff recommends that approximately half of the building be reserved for commercial use, and that the first floor be retained for commercial use to ensure compatibility with the character of the surrounding area. While staff believes there is merit to the applicant's proposal, the application does not meet a Specific Development Standard set forth in the City's Zoning Ordinance. These standards are in place to mitigate any potential negative impact on surrounding property, and to provide supplemental regulations to address unique characteristics of land use. The City Council has the authority to waive this standard, as requested by the applicant. Staff believes that while the applicant does not meet this requirement, they have proposed a unique, alternative plan for an outdoor recreation area and adequate parking should be provided in the adjacent parking ramp. However, there are concerns over how pedestrian and vehicular traffic will function on the site. By staff's literal interpretation of the City's Zoning Ordinance, the application does not meet applicable zoning regulations (a Specific Development Standard for K -12 Schools). However, it appears that the Findings of Fact for a Conditional Use Permit are met. Staff recommends that if the City Council approves the Conditional Use Permit with the requested Waiver, that the City Council direct staff to bring an Ordinance removing this requirement from the Zoning Ordinance as not to set precedence. RECOMMENDED MOTION(S): Motion: To waive the reading of Resolution No. 2017 -53, there being ample copies available to the public. Motion: Move to approve Resolution No. 2017 -53, being a resolution approving a Conditional Use Permit with a waiver a specific development standard, for two K -12 Schools to operate on the property located at 3989 Central Ave. NE., subject to certain conditions of approval. 1. In order for the property to operate as a mixed use development, a portion of the building must have commercial or institutional uses in addition to the residential (K -12 School) use; therefore, approximately half of the building will be reserved for commercial or institutional uses. This will include all or the majority of the first floor. 2. Anoka County review is pending for traffic impacts on 40th Avenue (County Roadway). Once the review is complete, the applicant will meet any requirements outlined by Anoka County. 3. The applicant will meet the requirements outlined in the attached report from the Director of Public Works /City Engineer, dated May 30, 2017. 4. If the school's drop off and pick up routing results in negative impacts on the surrounding local streets or has a negative traffic impact, as determined by the Director of Public works /City Engineer, a new traffic management plan will be required to be submitted to the City of Columbia Heights for review to address operational deficiencies. 177 City of Columbia Heights - Council Letter Page 3 5. No student drop off or pick up associated with the K -12 School uses, will be permitted along Central Avenue, Gould Avenue or 40th Avenue. All student drop off and pick up shall strictly occur within the adjacent parking ramp. 6. The applicant will meet the requirements outlined in the attached report from the Building Official, dated May 24, 2017. 7. Prior to the issuance of the Certificate of Occupancy, the applicant must provide record that the State Fire Marshal has reviewed and approved the plans for the two proposed K -12 Schools on the property. 8. The use shall include a regular course of study accredited by the State of Minnesota. 9. The site shall be served by a major collector or higher classification of roadway. 10. As determined by the Director of Public Works /City Engineer, a transportation management plan shall be submitted to address off - street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. 11. To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 12. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 13. All required state and local codes will be met and in full compliance. ATTACHMENTS: Resolution No. 2017 -53 Planning Report Location Map Application Applicant's Narrative Waiver Request Specific Development Standards for K -12 Schools Public Works Director /City Engineer Report, dated May 30, 2017 Building Official Report, dated May 24, 2017 Minutes from June 6, 2017 Planning and Zoning Commission Meeting 178 RESOLUTION NO. 2017 -53 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit with a Waiver to a Specific Development Standard, for two K -12 Schools to operate on the property located at 3989 Central Avenue NE. Whereas, a proposal (Case # 2017 -0602) has been submitted by Nancy Aleksuk on behalf of 500, LLC to the City Council requesting a Conditional Use Permit with a Waiver to a Specific Development Standard, from the City of Columbia Heights at the following site: ADDRESS: 3989 Central Avenue NE., Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit with a Waiver to a Specific Development Standard, to allow for two K -12 Schools to operate on the property located at 3989 Central Avenue NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on June 6t", 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. 179 City of Columbia Heights - Council Resolution Page 2 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1. In order for the property to operate as a mixed use development, a portion of the building must have commercial or institutional uses in addition to the residential (K -12 School) use; therefore, approximately half of the building will be reserved for commercial or institutional uses. This will include all or the majority of the first floor. 2. Anoka County review is pending for traffic impacts on 40th Avenue (County Roadway). Once the review is complete, the applicant will meet any requirements outlined by Anoka County. 3. The applicant will meet the requirements outlined in the attached report from the Director of Public Works /City Engineer, dated May 30, 2017. 4. If the school's drop off and pick up routing results in negative impacts on the surrounding local streets or has a negative traffic impact, as determined by the Director of Public works /City Engineer, a new traffic management plan will be required to be submitted to the City of Columbia Heights for review to address operational deficiencies. 5. No student drop off or pick up associated with the K -12 School uses, will be permitted along Central Avenue, Gould Avenue or 40th Avenue. All student drop off and pick up shall strictly occur within the adjacent parking ramp. 6. The applicant will meet the requirements outlined in the attached report from the Building Official, dated May 24, 2017. 7. Prior to the issuance of the Certificate of Occupancy, the applicant must provide record that the State Fire Marshal has reviewed and approved the plans for the two proposed K -12 Schools on the property. 8. The use shall include a regular course of study accredited by the State of Minnesota. 9. The site shall be served by a major collector or higher classification of roadway. 10. As determined by the Director of Public Works /City Engineer, a transportation management plan shall be submitted to address off - street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. 11. To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 12. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 13. All required state and local codes will be met and in full compliance. 180 City of Columbia Heights - Council Resolution ORDER OF COUNCIL Passed this 12th day of June, 2017. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 181 Page 3 C� COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION CASE NUMBER: 2017 -0603 DATE: June 6, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Nancy Aleksuk, 500 LLC DEVELOPMENT: Proposed Mixed Use Redevelopment LOCATION: 3989 Central Ave. NE. REQUEST: Conditional Use Permit for a K -12 School, with requested Waiver PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, Nancy Aleksuk on behalf of 500, LLC has submitted two land use applications; a Conditional Use Permit request with a Waiver and a Site Plan Review request. Both applications relate to a proposed development located at 3989 Central Avenue NE. (the former office building). The building on the subject property has been mostly vacant for the past 3 years, with the last tenant leaving one year ago in the spring of 2016. The applicant believes it has found an anchor tenant, two K -12 Schools, which will allow the applicant to renovate the building and also lease to the Columbia Heights Adult Education Facility and future retail on the first floor. The applicant has indicated that a coffee shop is interested in leasing space on the first floor. This report specifically details the request for a Conditional Use Permit, and a separate second report will detail the request for Site Plan Review. The Conditional Use Permit request has been made as the applicant is proposing to operate two K -12 Schools in the existing building. K -12 Schools require Conditional Use Permits and are required to meet Specific Development Standards outlined in the Zoning Ordinance. The proposed K -12 School use does not meet one of the Specific Development Standards in the Zoning Ordinance, so the applicant is requesting a waiver to this requirement. ZONING ORDINANCE The property located at 3989 Central Avenue is located in the Mixed Use Zoning District. The properties to the north, south and west are located in the Central Business Zoning District. The properties to the east are located in the R -3, Multiple Family Residential Zoning District. The intent of the Mixed Use Zoning District is to encourage a flexible, high - quality design strategy for development and/or redevelopment of specific areas within the community. In these areas of the City, there must be a mix of uses. The Zoning Ordinance requires that there 182 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 2 be at least two of the following uses: Residential, Commercial and Institutional. It further states that all permitted, conditional, and permitted accessory uses identified in our residential and commercial districts, which are consistent with the Comprehensive Plan, shall be treated as potentially allowable uses within the Mixed Use Development Districts. The proposal for a K -12 School is identified in our residential districts, as this is the only area of the City where K -12 Schools are currently permitted. In our residential districts, K -12 Schools require a Conditional Use Permit. For the proposal for the Adult Education Facility, while not specifically defined in our Zoning Ordinance, it is staffs interpretation that this type of use is identified as a commercial use. The proposal for retail would also be identified as a commercial use. By the standards outlined above, it appears that the proposal would meet the Mixed Use District standards by ensuring that there are two of the three required uses. This means that the proposed K -12 School would satisfy the required residential use, and the Adult Education Facility, and future retail would satisfy the commercial use requirement. Staff recommends that a condition be added to the permit that limits the amount of area in the building that the schools can occupy. This is similar to how we have handled other K -12 School Conditional Use Permits in the past. Staff is making this recommendation, to ensure that the building remains a Mixed Use Building as to not compromise the intended commercial character of the area. Staff recommends that approximately half of the building be reserved for commercial use and the first floor be retained for commercial use to ensure compatibility with the character of the surrounding area. The applicant has requested a waiver to a Specific Development Standard of the Zoning Ordinance. This standard requires that the parcel upon which the K -12 School is located shall have a lot area no less than four times the size of the building footprint. The parcel upon which the proposed use is located has historically been used for office and retail uses with parking provided in the adjacent parking ramp and parking lot. This particular building is unique compared to the rest of the commercial parcels throughout the City, as it is six stories tall and there is a small amount of open parcel area that is not covered by a building. Also, when it was originally built, it was not intended to be a K -12 School, and as such, the parcel does not meet this requirement. It is assumed this requirement is meant to provide area for outdoor recreation and parking associated with a K -12 School. In the attached narrative detailing the applicants requested waiver to this standard, the applicant argues that this requirement is based on an older and no longer universally applicable model of school operations. The applicant states that the proposed K -12 school will be constructing a safe, contained playground area on the first and second level of the current deck on the north side of the building. The applicant argues that the school has determined this area will be more than adequate to meet the needs of the students. 183 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 3 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial uses. This property was recently rezoned from Central Business to Mixed -Use. Due to the ongoing Comprehensive Plan revision, currently underway, the City Attorney has advised to amend the map when the update is complete. As such, the property is not designated for Mixed Use in the Comprehensive Plan, rather Commercial Use. While the K -12 School use is not a Commercial Use, the building will still contain commercial users. Additionally, staff is recommending that the Conditional Use Permit require a portion of the building be reserved for Commercial or Institutional Uses. Specifically, staff recommends that approximately half of the building be reserved for Commercial or Institutional Uses, including the first floor. FINDINGS OF FACT (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The Zoning Ordinance requires that Mixed Use Developments contain at least two of the following uses: Residential, Commercial and Institutional. It further states that all permitted, conditional, and permitted accessory uses identified in our Residential and Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development Districts. K -12 Schools are specifically listed as a Conditional Use in the City's Residential Zoning Districts. By this standard, a K -12 School would be considered a potentially allowable use. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The property is guided for commercial use. As stated above, staff recommends that a portion of the building should be reserved to ensure a commercial component of the mixed use development property remains. (c) The use will not impose hazards or disturbing influences on neighboring properties. The applicant will have to adhere to Specific Development Standards as it relates to K -12 Schools. The City has Specific Development Standards which are meant for unique characteristics of certain land uses. The standards are meant to protect the neighboring properties from any hazardous or disturbing influences. The applicant has requested a waiver to one of the Specific Development Standards. The City Council has the authority to waive this requirement if they choose to do so. The applicant argues that there is sufficient space available on the outdoor patio area, to allow for a play area to be constructed and utilized by the proposed schools. 184 City of Columbia Heights Planning and Zoning Commission June 6, 207 Planning Report Page 4 (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff does not anticipate that the K -12 School operation will substantially diminish the use of the property in the surrounding area. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The use will be subject to the Specific Development Standards as outlined in the Zoning Code for K -12 Schools. These specific requirements are added as conditions to the proposed Conditional Use Permit, and meant to protect the intended character of the surrounding area. Staff has recommended that the City limit the amount of space that the proposed schools can utilize in the building, to preserve the intended commercial character of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. The property is served by two local streets, 40th Avenue and Central Avenue. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic, The on -site circulation of traffic has been detailed in a traffic management plan, which was submitted with the applicant's Site Plan Review application. This plan has been reviewed by staff and MNDOT. Anoka County review is currently pending. At this time staff believes that the operation of the K -12 School will have minimal impact to the surrounding local City streets. The City Engineer and MNDOT have reviewed the troffic management plan. At this time, they have found it to be minimally acceptable as it is unclear how pedestrian traffic will operate on the site. Staff has added a condition that if the school's drop off and pick up routing results in delay on the surrounding local streets or has a negative traffic impact, a new traffic management plan will be required to be submitted for review to address operational deficiencies. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Staff has added proposed conditions to the permit for the City Council to consider in an effort to minimize potential negative effects. (i) The use complies with all other applicable regulations for the district in which it is located. 185 City of Columbia Heights Planning and Zoning Commission June 5, 2017 Planning Report Page 5 If the applicant complies with the Specific Development Standards, the use would comply with the City's applicable regulations. However, in this case, the application does not meet one of the Specific Development Standards of the City's Zoning Ordinance. The City Council can grant a waiver to this standard. If the waiver is granted it appears that the use complies with all other applicable regulations for the district in which it is located. CONCLUSION While staff believes there is merit to the applicant's proposal, the application does not meet a Specific Development Standard outlined in the City's Zoning Ordinance. These standards are in place to mitigate any potential negative impact on surrounding property, and to provide supplemental regulations to address unique characteristics of land use. The City Council has the authority to waive this standard, as requested by the applicant. Staff believes that while the applicant does not meet this requirement, they have proposed a unique, alternative plan for an outdoor recreation area and adequate parking should be provided in the adjacent parking ramp. By staff's literal interpretation of the City's Zoning Ordinance, the application does not meet applicable regulations, and therefore staff would request that if the City Council approves the Conditional Use Permit with the requested Waiver, that the City Council directs staff to remove this requirement. RECOMENDATION Staff recommends approval of the proposed Conditional Use Permit for the property located at 3989 Central Avenue NE. subject to certain conditions. Motion: Move to waive the reading of Resolution No. 2017 -53, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2017- 53, being a resolution approving a Conditional Use Permit, for the property located at 3989 Central Avenue NE. subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. In order for the property to operate as a mixed use development, a portion of the building must have commercial or institutional uses in addition to the residential (K -12 School) use; therefore half of the building will be reserved for commercial or institutional uses. This will include all or the majority of the first floor. 2. Anoka County review is pending for traffic impacts on 40th Avenue (County Roadway). Once the review is complete, the applicant will meet any requirements outlined by Anoka County. 3. The applicant will meet the requirements outlined in the attached report from the Director of Public Works /City Engineer, dated May 30, 2017, 4. If the school's drop off and pick up routing results in negative impacts on the surrounding local streets or has a negative traffic impact, as determined by the Director of Public works /City Engineer, a new traffic management plan will be required to be 186 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 6 submitted to the City of Columbia Heights for review to address operational deficiencies. 5. No student drop off or pick up associated with the K -12 School uses, will be permitted along Central Avenue or 40th Avenue. All student drop off and pick up shall strictly occur within the adjacent parking ramp. 6. The applicant will meet the requirements outlined in the attached report from the Building Official, dated May 24, 2017. 7. Prior to the issuance of the Certificate of Occupancy, the applicant must provide record that the State Fire Marshal has reviewed and approved the plans for the two proposed K -12 Schools on the property. 8. The use shall include a regular course of study accredited by the State of Minnesota. 9. The site shall be served by a major collector or higher classification of roadway. 10. The City Council directs staff to bring an Ordinance to the City Council for a public hearing to remove the Specific Development Standard which requires that: The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint 11. As determined by the Director of Public Works /City Engineer, a transportation management plan shall be submitted to address off- street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. 12. To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 13. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 14. All required state and local codes will be met and in full compliance. ATTACHMENTS Resolution No, 2017 -53 Location Map Application Applicant's Narrative Waiver Request Specific Development Standards for K -12 Schools Public Works Director /City Engineer Report, dated May 30, 2017 Building Official Report, dated May 24, 2017 187 A's MON" -rot AVE NE zAV E.- k 'LICENSE •I- 3 2 cr, 3969' 39 GOULD. AVE NE Ln *en 1 V� t.-:- AR'Ql Pflatn FlaAn SpMnp of 30'4 iT C4 ui 188 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City. CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: 3989 Central Development PROJECT ADDRESSIOCATION: 3989 Central Avenue NE LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): The legal description for the property is attached hereto as Exhibit A and is incorporated herein by reference PRESENT USE OF PROPERTY: The property is currently vacant PROPOSED USE OF PROPERTY: The property will be used in part for a K -12 charter school REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications andlor limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) See Exhibit B attached hereto and incorporated herein by reference. APPLICANT 500 LLC PHONE (612) 998- FAX c/o Nancy Aleksuk . 9123 E -MAIL nancy@swervo.com ^_ PAGER CELL # 510 N 1st Ave Suite 500 ADDRESS CITY Minneapolis STATE MN ZIP 5403 FEE OWNER OF PROPERTY Same as above ADDRESS PHONE FAX Page 1 of 2 189 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE, ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee TOTAL AMOUNT RECEIVED $ CITY RECEIPT NUMBER COs ` t �-4 DATE RECEIVED ( 11 m Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: 500 LLC — _ Its: 6U A (CANT SIGNAT DATE Same as Above PROPERTY OWNER SIGNATURE (If different from Applicant) COMMUNITY DEVELO Revised: 2006 G�I,a t�la�rrr� -cz� STAFFF MEMBER AND TITLE DATE 61t11-7 DATE Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 190 tAt-If Ul I A PROPERTY DESCRIPTION The land referred to in this Policy Is described as follows: Parcel 1: Lot 32, Block 6, Reservoir Hills, Anoka County, Minnesota, Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. The vacated alley adjacent to Lots 25 through 28. Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota, Those parts of Lots 28 through 31, Block 6, Reservoir Hills; Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; and of the vacated alley adjacent to Lot 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; lying Southwesterly and Westerly of the following described line* Beginning at a point on the South line of Block 1, Walton's Rearrangement, said point being 18.00 feet West of the Southeast corner of Lot 23, of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North fine of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the Northwest corner of said Lot 30 and there terminating. Abstract Property Torrens Property Torrens Certificate No. 127361 Parcel 2: Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as dedicated in said plat, lying within the following described tract: Commencing at a point on the South line of said Block 1, Walton's Rearrangement distant 18-00 feet West of the Southeast corner of Lot 23, said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be described: thence continuing Northerly on the extension of said line to the North line of Block 8, Reservoir Hills- ' thence Westerly along said North line of Block 6, to a point being 47.23 feet Easterly of the Northwest corner of Lot 30, Block 6, Reservoir Hills; thence Southeasterly, to the point of beginning; Excepting therefrom Tract A, Registered Land Survey No, 250, Anoka County, Minnesota, Abstract Proper ty Parcel 3: Tract A, Registered Land Survey No. 250, Anoka County, Minnesota. 191 Exhibit B to Conditional Use Permit Application of 500 LLC Reasons Supporting Request Current Zoning Status On December 12, 2016, The Columbia Heights City Council rezoned this Property from Commercial to Mixed Use Development ("MDX"). The express reason for this change presented to the City Council was Applicant's intention to use a portion of the Property for a K- 12 charter school. Intended Use Applicant intends to use the Property in part as a K-12 charter school. Specifically, Applicant has executed a lease with the operator of K-6 charter school that will operate on the second and third floors of the building. This pail of the school will serve approximately 250 students and will initially operate in approximately 22,500 square feet of space. Additionally, the Property will be home to a 7-12 STEM (Science, Technology Engineering and Math) based curriculum charter school. This school will serve approximately 100 students and will initially use approximately 15,500 square feet of space. Both charter school leases provide for options for additional space as needs require. The building is being reconfigured to meet all of the needs and requirements of the charter schools and to comply with all City and State building codes and standards applicable to school use. As shown on the site plan accompanying this Application, there will be enclosed outdoor play areas on first level and on second level deck. The outdoor play areas will comprise 15,869 square feet. Not only will these areas serve as a place for playground and outdoor activities, but configuration of these spaces has the added benefit of being contained in a secure area, reducing the risk of injury to children and generally keeping them safe . Like many charter schools in urban areas, the schools operating in the building will not offer extracurricular sports, and this outdoor recreation area is designed to provide ample activity space based the needs expressed by the schools. The building can also be configured so as to create a gymnasium-sized multi-purpose space for the entire school, The school will be completely separate and secured from any other commercial or institutional user in the building. Complementing this school use is the pending lease with the Columbia Heights Public School District, which will offer adult education classes on the sixth floor of the building School Use is a Permitted Conditional Use Pursuant to Columbia Heights City Code Sections 9.112 (D)(1) and (2), all permitted conditional uses identified in § 9.109, Residential Districts, and § 9.110, Commercial Districts, which are consistent with the comprehensive plan shall be treated as potentially allowable uses within the Mixed Use Development District. 192 Sections 9.109 (E) (3), (F) (3), (G) (3) and (H) (3) each specifically provide that "School, public or private, K -12" is a permitted conditional use in Residential Districts. Section 9.110 (D) (3) (c) specifically provides that "School, public or private, K -12" is a permitted conditional use in the Commercial District covered by that section and Section 9.110 (E)(2) provides that schools are a permitted use in the Commercial —General Business District. Thus, the City Code allows the school use as a either a permitted use or a conditional use in the MXD District. The Proposed Use Satisfies the Conditions for a Conditional Use Permit The proposed use satisfies all of the requirements set forth in Section 9.104(H) pertaining to conditional use permits. Referring to the specific requirements of Section 9.104(H): (a) As noted above, the proposed use is one of the conditional uses listed for the zoning district in which the property is located, satisfying Section 9.104(H) (6) (a); (b) The use is in harmony with the general purpose and intent of the comprehensive plan as required by Section 9.104(H) (6) (b) of the Code. The addition of the conditional use of the school will enhance and create synergy with the retail marketing of the property and planned adult education use by the Columbia Heights Public School District... (c) The use will not impose hazards or disturbing influences on neighboring properties. Not only does this use adhere to the requirement of Section 9.104(H) (c) of the Code, but the use will enhance the neighborhood and support the businesses surrounding the Property. (d) The use will not substantially diminish the use of property in the immediate vicinity as set forth in 9.104(H) (d) of the Code. The Property has been substantially vacant for many years and the loss of business activity at the Property has seriously diminished the use of property in the general vicinity of the Property. Permitting the building to be used as a school will foster the use of the property in the vicinity of the building. (e) Section 9.104(H) (e ) of the Code requires that the conditional use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Except for minor changes to the exterior stairwell areas and enhanced landscaping, the operation of the conditional use will not change the appearance of the exiting or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential . public facilities and services, satisfying the requirement of Section 9.104(H) (f). There is excellent access to the property via major roadways and public transportation. The property is ser%,ed by a parking ramp containing: 344 parking spaces and 17 surface area parking spaces. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The Applicant has submitted to the City as part of its Site Review Application the traffic management report and plan prepared by Spack Consulting. This report confirms the use will not have a materially 193 adverse impact on traffic and that a well designed traffic management plan is in place for the school use. Accordingly, the 9.104(H) (g) requirements are met, (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. In point of fact, given the vitality created by the school use, the cumulative effects upon the immediate vicinity will be quite positive and will enhance this part of the Columbia Heights community. Thus, the requirements of Section 9.104(H) (h) are clearly met, (i) The use complies with all other applicable regulations for the district in which it is located, thereby meeting the requirements of Section 9,104(H) (h), Conclusion The requested conditional use is permitted under the Property's current MXD zoning. The Property was rezoned for the express purpose of allowing the Property to be used in part as a K -12 charter school. All of the conditions of Section 9.104 (H) of the City Code are satisfied and the Applicant respectfully requests approval of this Application. 3 194 Specific Design Development Standard; One Waiver Requested Section 9.105 (C) (46) provides for certain Special Development Standards applicable to developments containing K -12 schools. Except for one Standard, the Property currently satisfies or will satisfy all of the Development Standards. Specifically: (a) The use shall include a regular course of study accredited by the State of Minnesota [Section 9.105 (C) (46) (a)]. The charter schools leasing space within the Property will be accredited by the State of Minnesota. Such accreditation includes the school facility operating in a facility that is on property properly zoned for the use. [Section 9.105 (C) (46) (b)]. (b) The site shall be served by a major collector or higher classification of roadway [Section 9.105 (C) (46) (b)]. The site is served by a major collector or higher classification of roadway and, therefore, this Standard is satisfied. (c) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. [Section 9.105 (C) (46) (c)]. Applicant requests a waiver with respect to this Development Standard. The Standard is based on an older and no longer universally applicable model of school operations that assumed large lots and large playground areas were a requirement for a successful school operation. In point of fact, the charter schools interested in leasing the Property do not seek large tracts of land for open playground areas. Such facilities in urban areas are cost prohibitive for charter schools and don't match the school's programming needs because many such schools, including the schools in this space, do not offer extracurricular sports. Instead, schools request somewhat smaller, self - contained but better designed play areas that provide not only the desired play environment for children, but also ensure a secure and safe environment for activities in an urban setting. As the site plans accompanying this Application show, Applicant's school operator intends to construct a safe, secure and contained playground area on the first level and on second floor deck of the building. The schools have determined this area is more than adequate to meet the needs of the students. Therefore, creating 15,869 square feet of recreational area satisfies the underlying rational and purpose of the Standard and granting the waiver has no adverse consequence to the Property or to the community. Without the requested waiver, the charter schools under lease will not be able to operate. This Standard imposes a unique financial hardship to the property and to Applicant and Standard's purposes are satisfied by the newly designed recreation areas. (d) A transportation management plan shall be submitted to address off - street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways [Section 9.105 (C) (46) (d)]. This Standard is satisfied. Accompanying this Application is a traffic management plan prepared for the Property by Spack Consulting. The plan provides a detailed analysis of the traffic management issues related to the school and affirms that Applicant's traffic plan properly addresses the applicable traffic management issues affecting the school operation on the Property. 195 (e) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood [Section 9.105 (C) (46) (e)]. The plans accompanying this application show only minor exterior changes and all are compatible with the immediate neighborhood. (f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. [Section 9.105 (C) (46) (f)]. The plans accompanying this Application satisfy this Standard. IM School, K -12. (a) The use shall include a regular course of study accredited by the State of Minnesota. (b) The site shall be served by a major collector or higher classification of roadway. (c) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (d) A transportation management plan shall be submitted to address off - street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (e) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 197 CITY OF COLUMBIA HEIGHTS Public Works Department TO: ELIZABETH HOLMBECK CITY PLANNER FROM: KEVIN HANSEN PUBLIC WORKS DIRECTOR /CITY ENGINEER DATE: May 30, 2017 SUBJECT: NE Business Center Redevelopment - Plan Review I have reviewed the final plan submittal packet dated 4/27/17, and have the following requirements /comments for final approval by Engineering: The plaza area where the outdoor play area is proposed to be located must be inspected by a licensed structural engineer to ensure the suitability of operating an outdoor play area at this location. The City will require a report from a licensed structural engineer detailing the condition and suitability of the plaza. This report must be reviewed by the City Engineer. Review by MNDOT and Anoka County are pending. The proposed plans must be approved by MNDOT and Anoka County prior to and issuance of a Building Permit. The applicant must meet any requirements outlined by MNDOT or Anoka County. The City recommends that the stairway down to 40th Avenue be removed. if the applicant wishes to keep the stairway in place it must be grated or controlled to prevent public access. The City's storm sewer and street replacement project begins in August, which will close 40th Avenue (north side of the building) during construction for 8 -10 weeks. The recommended modification to the alley curb radius should be coordinated with the City's storm sewer and street replacement project. The cross walk east of the alley (proposed bus drop off /pick up) is being eliminated by Anoka County as part of the City's storm sewer replacement project. Please provide one full size and one 11x17 set of Civil Plans to the Engineering department prior to construction. If you have any questions or need further information, please contact me at (763) 706 -3705. Kathy Young, Assistant City Engineer Lauren Letsche, Storm Water Specialist KH:kh G: \Users \Public Works \plan reviews \2017 \NE Business Cenier_05302017.doc 198 COLUMBIA HEIGHTS City of Columbia Heights I Community Development 590 40 rF Ave NE, Columbia Heights, MN 55421 • Ph: 763-706-3670 • Fax: 763-706-3671 - www,columbiaheigtitsmn.gov 5/24/2017 Elizabeth Holmbeck City Planner Dear Elizabeth: Comments regarding review of submitted drawing for 3989 Central Avenue. The use of the building as a K-12 school is permitted under the building L- code, Roonis used by preschool, kindergarten. and first and second grade students for classrooms. latchkey. day care, early childhood family education, teen parent, or other programs conducted in the building may be located on any floor below the fourth story if the following conditions exist: I - The building is protected throughout with and approved automatic fire sprinkler system; and 2. The building is protected throughout with and approved automatic fire alarm system having automatic smoke detection devices installed throughout the exit system. I v"ithin every room or area used for purposes other than a classroom or office. I expect the contractor to submit complete drawings along with a building permit application for a plan review for construction. The plans must include building construction drawings, details, mechanical systems, plumbing systems, fire protection sprinkler system, fire alarms system, and electrical plans. These plans will be reviewed for code compliance in accordance with the 2015 Minnesota Building Code. Plumbing plans need to be submitted to the Minnesota Department of Labor and Industry, Plumbing Plan Review Unit by the Master Plumber of record for their review and approval prior to issuance of the plumbing permit by the City of Columbia Heights. Plans are also to be submitted to the Metropolitan Council for a SAC determination. The determination of SAC units will need to be received by the City of Columbia Heights prior to issuance of any permits. The SAC determination is based on how the space is used and not on occupancy classification. Sincerely, ec e4 "-s Lawrence R. Pepin Building Official Review cc-:r-rents for E-, i-',abeth for use as schcoI doc:x 199 MINUTES OF PLANNING AND ZONING COMMISSION JUNE 6, 2017 7:00 PM The meeting was called to order at 7.00 pm by Chair Szurek. Commission Members present- Novitsky, Schill, Hoium, and Szurek Members Excused: Fiorendino Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion Iry Hoium, seconded by Schill, to approve the minutes from the meeting of May 2, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0601 APPLICANT: Mulata Assoc. LOCATION: 820 40th Avenue REQUEST: Appeal — WITHDRAWN CASE NUMBER: 2017 -0602 APPLICANT: Mark Jedele, Total Export LOCATION: 725 39th Avenue REQUEST: Condition Use Permit At this time, Mark Jedele on behalf of Total Export, Inc. is requesting a Conditional Use Permit to allow for outdoor storage on the property located at 725 39th Ave. NE. Total Export is a custom crate manufacturing and export packing business. They are proposing to store lumber, pallets, and occasionally some equipment outdoors. The applicant has submitted a narrative and a detailed materials list which outlines the types of materials they work with and those that will be stored on site. The applicant has proposed to add additional screening along the adjacent residential properties and has plans to make some improvements to the exterior of the building. ZONING ORDINANCE The property located at 725 39th Avenue NE. is located in the I -1, Light Industrial Zoning District. The properties to the north, south, and east are located in the R -3, Multiple Family Residential District. The properties to the west are located in the I -2, General Industrial Zoning District. The proposed use is a permitted use in the Zoning Ordinance. The proposal for outdoor storage is listed as a conditional use in the Zoning Ordinance. 200 P & Z Minutes Page 2 June 6, 2017 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Industrial Use. The outside storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guidelines Overlay District. SITE PLAN The applicant submitted a site plan which indicates where the outdoor storage will be located, and where the fencing will be located. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor storage is specifically listed as a Conditional Use in the I -1, Light Industrial Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The property is guided poor Industrial use. The outdoor storage of materials in conjunction with the use of the property is consistent with the intent of'the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. If properly screened from neighboring properties, the proposed use should not impose hazards or disturbing influences on neighboring properties. The applicant will be required to install screening per the City's Screening requirements. The applicant will have to adhere to Specific Development Standards as it relates to outdoor storage. The City has Specific Development Standards which are meant for unique characteristics of certain land uses. The standards are meant to protect the neighboring properties from any hazardous or disturbing influences. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of neighboring properties would not be diminished in any way with the proposed use of the subject property. The property has historically been used for Industrial types of uses. Previous owners have stored materials associated with the property's use outside without screening. The new property owner rill be improving the exterior facade of the building and adding screening along the adjacent residential boundaries. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The use will be subject to the Specific Development Standards as outlined in the Zoning Code for outdoor storage. These specific requirements are added as conditions to the proposed Conditional Use Permit, and meant to protect the intended character of the surrounding area. 201 P & Z Minutes Page 3 June 6, 2017 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The on -site circulation of traffic will remain unchanged. A condition has been added which prohibits any truck traffic to occur on Jackson Street. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. Based on the fact that the property has been used for industrial uses historically, the use should not cause a negative cumulative effect. It is possible that the proposed use could cause a negative effect to other uses in the immediate vicinity. Staff has added proposed conditions to the permit for the City Council to consider in an effort to minimize these potential negative effects. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Providing the applicant complies with the Specific Development Standards, which are added as conditions of approval, the use will comply with the City's applicable regulations. Staff recommends that the Planning Commission recommend approval of the proposed Conditional Use Permit for outdoor storage for the property located at 725 39a' Avenue NE. Questions from members: Hoium asked when the screening would be up. Holmbeck said it has to be up within 3 months of approval which is included in condition #5. Szurek asked if the applicant is aware of these conditions. Holmbeck said he was. Hoium asked about requirements for vehicles that are visible from the street. Holmbeck said they must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance which is condition #16. There was no further questions for the applicant from the members. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. 202 P & Z Minutes Page 4 June b, 2017 Motion by Hoium, seconded by Schill, to close the public hearing and waive the reading of Resolution 2017 -52, there being ample copies available to the public, All Ayes. MOTIONPASSED. Motion by Hoium, seconded by Schill, that the Planning and Zoning Commission recommends the City Council approve Resolution No. 2017 -52, for a Conditional Use Permit for outdoor storage for the property located at 725 39th Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right -of -way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right- of -way. Required screening shall consist of a fence, wall, earth berming andlor vegetation no less than six feet in height and no less than 80% opaque on a vear round basis The_ fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines. 10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled. 11. No truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used far entering or exiting. 12. Any barbed wire adjacent to residential properties must be removed. 13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director /City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder's Office, 14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80°%o opaque year round. Fencing materials must be approved by the Zoning Administrator. 15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance. 16. vehicles that are visible from the street or adjacent residential properties must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance. 17. 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. 18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 203 P & Z Minutes Page 5 June 6, 2017 Roll Call: All Ayes. The following Resolution will go to the City Council at the .Tune 12, 2017 meeting. RESOLUTION NO. 2017-52 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for outdoor storage on the property located at 725 39`h Ave. NE. Whereas, a proposal (Case # 2017 -0601) has been submitted by Mark Jedele on behalf of Total Export, Inc. to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 725 39"' Ave. NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.104 (H), to allow for outdoor storage on the property located at 725 391'' Ave. NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on June 6"', 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. 204 P & Z Minutes Page 6 June 6, 2017 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including. CONDITIONS 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right -of -way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right- of -way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less than 80% 2paque on a year round basis The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines. 10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled. 11. No truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting. 12. Any barbed wire adjacent to residential properties must be removed. 13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director /City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder's Office. 14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing materials must be approved by the Zoning Administrator. 15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance. 16. Vehicles that are visible from the street or adjacent residential properties must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance. 17. 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. 18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 205 P & Z Minutes Page 7 June 6, 2017 CASE NUMBER: 2017 -0603 REQUEST: CONDITIONAL USE PERMIT & WAIVER TO ZONING CODE LOCATION: 3989 CENTRAL AVENUE NE APPLICANT: NANCY ALEKSUK, 500 LLC Holmberg explained that at this time, Nancy Aleksuk on behalf of 500, LLC has submitted two land use applications; a Conditional Use Permit request with a Waiver and a Site Plan Review request. Both applications relate to a proposed development located at 3989 Central Avenue NE. (the former office building). The building on the subject property has been mostly vacant for the past 3 years, with the last tenant leaving one year ago in the spring of 2016. The applicant believes it has found an anchor tenant, two K -12 Schools, which will allow the applicant to renovate the building and also lease to the Columbia Heights Adult Education Facility and future retail on the first floor. The applicant has indicated that a coffee shop is interested in leasing space on the first floor. This report specifically details the request for a Conditional Use Permit, and a separate second report will detail the request for Site Plan Review. The Conditional Use Permit request has been made as the applicant is proposing to operate two K -12 Schools in the existing building. K -12 Schools require Conditional Use Permits and are required to meet Specific Development Standards outlined in the Zoning Ordinance. The proposed K -12 School use does not meet one of the Specific Development Standards in the Zoning Ordinance, so the applicant is requesting a waiver to this requirement. ZONING ORDINANCE The property located at 3989 Central Avenue is located in the Mixed Use Zoning District. The properties to the north, south and west are located in the Central Business Zoning District. The properties to the east are located in the R -3, Multiple Family Residential Zoning District. The intent of the Mixed Use Zoning District is to encourage a flexible, high- quality design strategy for development and /or redevelopment of specific areas within the community. In these areas of the City, there must be a mix of uses. The Zoning Ordinance requires that there be at least two of the following uses: Residential, Commercial and Institutional. It further states that all permitted, conditional, and permitted accessory uses identified in our residential and commercial districts, which are consistent with the Comprehensive Plan, shall be treated as potentially allowable uses within the Mixed Use Development Districts, The proposal for a K -12 School is identified in our residential districts, as this is the only area of the City where K -12 Schools are currently permitted. In our residential districts, K -12 Schools require a Conditional Use Permit. For the proposal for the Adult Education Facility, while not specifically defined in our Zoning Ordinance, it is staff's interpretation that this type of use is identified as a commercial use. The proposal for retail would also be identified as a commercial use. By the standards outlined above, it appears that the proposal would meet the Mixed Use District standards by ensuring that there are two of the three required uses. This means that the proposed K -12 School would satisfy the required residential use, and the Adult Education Facility, and future retail would satisfy the commercial use requirement. Ku P & Z Minutes Page 8 June 6, 2017 Staff recommends that a condition be added to the permit that limits the amount of area in the building that the schools can occupy. This is similar to how we have handled other K -12 School Conditional Use Permits in the past. Staff is making this recommendation, to ensure that the building remains a Mixed Use Building as to not compromise the intended commercial character of the area. Staff recommends that approximately half of the building be reserved for commercial use and the first floor be retained for commercial use to ensure compatibility with the character of the surrounding area. The applicant has requested a waiver to a Specific Development Standard of the Zoning Ordinance. This standard requires that the parcel upon which the K -12 School is located shall have a lot area no less than four times the size of the building footprint. The parcel upon which the proposed use is located has historically been used for office and retail uses with parking provided in the adjacent parking ramp and parking lot. This particular building is unique compared to the rest of the commercial parcels throughout the City, as it is six stories tall and there is a small amount of open parcel area that is not covered by a building. Also, when it was originally built, it was not intended to be a K -12 School, and as such, the parcel does not meet this requirement. It is assumed this requirement is meant to provide area for outdoor recreation and parking associated with a K- 12 School. In the attached narrative detailing the applicants requested waiver to this standard, the applicant argues that this requirement is based on an older and no longer universally applicable model of school operations. The applicant states that the proposed K -12 school will be constructing a safe, contained playground area on the first and second level of the current deck on the north side of the building. The applicant argues that the school has determined this area will be more than adequate to meet the needs of the students. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial uses. This property was recently rezoned from Central Business to Mixed -Use. Due to the ongoing Comprehensive Plan revision, currently underway, the City Attorney has advised to amend the map when the update is complete. As such, the property is not designated for Mixed Use in the Comprehensive Plan, rather Commercial Use. While the K -12 School use is not a Commercial Use, the building will still contain commercial users. Additionally, staff is recommending that the Conditional Use Pen-nit require a portion of the building be reserved for Commercial or Institutional Uses. Specifically, staff recommends that approximately half of the building be reserved for Commercial or Institutional Uses, including the first floor. FINDINGS OF FACT (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The Zoning Ordinance requires that Mixed Use Developments contain at least two of the following uses: Residential, Commercial and Institutional. It further states that all permitted, conditional, and permitted accessory uses identified in our Residential and Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development Districts, K -12 Schools are specifically listed as a Conditional Use in the City's Residential Zoning Districts. By this standard, a K -12 School would be considered a potentially allowable use. 207 P & Z Minutes Page 9 June 6, 2017 (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The property is guided for commercial use. As stated above, staff recommends that a portion of the building should be reserved to ensure a commercial component of the mixed use development property remains. (c) The use will not impose hazards or disturbing influences on neighboring properties. The applicant will have to adhere to Specific Development Standards as it relates to K -12 Schools. The City has Specific Development Standards which are meant for unique characteristics of certain land uses. The standard's are meant to protect the neighboring properties from any hazardous or disturbing influences. The applicant has requested a waiver to one of the Specific Development Standards. The City Council has the authority to waive this requirement if they choose to do so. The applicant argues that there is sufficient space available on the outdoor patio area, to allow for a play area to be constructed and utilized by the proposed schools. (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff does not anticipate that the K -12 School operation will substantially diminish the use of the property in the surrounding area. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The use will be subject to the Specific Development Standards as outlined in the Zoning Code for K -12 Schools. These specific requirements are added as conditions to the proposed Conditional Use Permit, and meant to protect the intended character of the surrounding area. Staff has recommended that the City limit the amount of space that the proposed schools can utilize in the building, to preserve the intended commercial character of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. The property is served by two local streets, 401x' Avenue and Central Avenue. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The on -site circulation of tra #c has been detailed in a trafific management plan, which was submitted with the applicant's Site Plan Review application. This plan has been reviewed by .staff and MNDOT Anoka County review is currently pending. At this time staff believes that the operation of the K -12 School will have minimal impact to the surrounding local City streets. The City Engineer and MNDOT have reviewed the traffic management plan. At this time, they have found it to be minimally acceptable as it is unclear how pedestrian traffic will operate on the site. Staff has added a condition that if the school's drop off andpick up routing results in delay on the surrounding local streets or has a negative traffic impact, a new traffic management plan will be required to be submitted for review to address operational deficiencies. 208 P & Z Minutes Page 10 June 6, 2017 (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Staff has added proposed conditions to the permit.for the City Council to consider in an effort to minimize potential negative effects. G) The use complies with all other applicable regulations for the district in which it is located. If the applicant complies with the Specific Development Standards, the use would comply with the City's applicable regulations. Howelrer, in this case, the application does not meet one of the Specific Development Standards of the City's Zoning Ordinance. The City Council can grant a waiver to this standard. If the waiver is granted it appears that the use complies with all other applicable regulations for the district in which it is located. CONCLUSION While staff believes there is merit to the applicant's proposal, the application does not meet a Specific Development Standard outlined in the City's Zoning Ordinance. These standards are in place to mitigate any potential negative impact on surrounding property, and to provide supplemental regulations to address unique characteristics of land use. The City Council has the authority to waive this standard, as requested by the applicant. Staff believes that while the applicant does not meet this requirement, they have proposed a unique, alternative plan for an outdoor recreation area and adequate parking should be provided in the adjacent parking ramp. By staff's literal interpretation of the City's Zoning Ordinance, the application does not meet applicable regulations, and therefore staff would request that if the City Council approves the Conditional Use Permit with the requested 'Waiver, that the City Council directs staff to remove this requirement. Staff recommends approval of the proposed Conditional Use Permit for the property located at 3989 Central Avenue NE. subject to certain conditions. Questions by members: Novitsky stated that he works at a school that has an enrollment of 220 kids. He asked how many kids would be attending this school. Holmbeck said the plan is to start with approximately 350 students and they have indicated their intent to expand within the building. Novitsky was concerned with lack of outdoor space for that many students. Hoium wanted clarification regarding the requirement to have different uses and how it is applied to the building. Schill asked what type of difficulties there may be in attracting retail use in a building that has a school as their main tenant. Would there be any restrictions as to what type of retail use is acceptable and what is not. Holmbeck said she is unaware of any restrictions from the State, and there aren't any in our zoning Code. 209 P & Z Minutes Page 11 June 6, 2017 Hoium said the plan indicates that they will use the space (alleyway) between the ramp and the building for the buses. The plan shows there would be room for eight buses. He thinks that is very tight. Szurek stated that the narrative prohibits the whole building being used as a school. She said the plan looks like it is. The 6th floor will be for Adult Education and all other floors would be occupied by the K -12 school, except for a small coffee shop. She said the proposal for the small coffee shop is a weak attempt to satisfy the MXU retail requirement. Szurek also said the "possibility" of a coffee shop doesn't mean that one would actually go in. Holmbeck told her that technically the Adult Education would be a commercial use and the K- 12 school meets the residential use. Hoeft explained why the K -12 school would fall into the residential category. He pointed out that the MXU District has no defined criteria regarding the amount needed for each category, but staff had recommended a condition that only 1/2 the building could be used as a K -12 to ensure that there is always room for a retail /commercial use. Szurek then asked if MNDOT or Anoka County had reviewed the plan and what their comments were. She stated that 40th Avenue is scheduled for major work this year and asked how they propose to handle this. Holmbeck responded that MNDOT had no comments about their plan and Anoka County's response is still pending. Szurek then noted that the applicant wanted to remodel part of the first floor for a gym area which technically would be part of the K -12 school area. This means the building would technically be over the 50% threshold. Hoeft said if they violate the conditions approved, then it goes back to the City Council whereby they could amend the CUP or revoke it. Holmbeck told members that she had received a new plan this afternoon which said the whole first floor would be for retail with the exception of an "exercise room" that could be used by occupants of the entire building and would be considered an amenity of the Developers space, not the schools. Therefore, according to the new plan submitted the K -12 would occupy 2/3 of the building. Public Hearing Opened. Dean Dovolis - Architect and Nancy Aleksuk, Swervo Development Co. were present. Aleksuk said she has been in charge of development and leasing of the building. They reviewed the new plan with the members. They explained that they would renovate the lower portion, remove the brick walls that are crumbling along 401h Avenue and construct a two level playground in that patio area and the old bank drive thru area. They would also add a patio space by the entry off Central Avenue and add landscaping around the building. The alleyway would accommodate eight buses and parents would be required to drop off or pick up students on the 2" d level of the parking ramp. They would then go across the skyway. Michael Margolies is assisting the owners with their plan. He said they have met the criteria of two uses and that the Code does not specify the percentage each must be. The staff report recommends a 50/50 split. If the right of expansion or flexibility is removed, it prevents them from going forward with their plans. Staff made this recommendation without consulting the applicant and their needs. They had trouble leasing the building out, and now that they have, the tenant has needs more space than the recommendation allows. He requested the commission approve with language that allows them to use up to 66% of the building for K -12 as needed. He also said they had a traffic study done and the report indicates the plan will work. He noted that High School students use Public Transportation so only the grade school students will use the busing area. 210 P & Z Minutes Page 12 June 6, 2017 Novitsky said the buses and parent vehicles will all be exiting onto Central at once and this will create a problem. He pointed out that stacking will not be allowed on 40th Avenue as this would create a dangerous situation. Margolies told members that the Traffic Management Company said it would work. They did research on who the students are and the demographics of the area. Szurek asked how they would handle the reconstruction of 40t11 Avenue. Margolies said it would create a hardship for a short time but they would make accommodations. They have reached out to the Methodist Church to see if they could use their parking lot temporarily. Szurek pointed out this will be an inconvenience for the residents along Gould Ave. She also expressed concern that the High School students would be crossing Central Ave when they get off the City buses. She is concerned with student & driver safety especially since 40a' Avenue and Central Ave is such a busy intersection. Margolies admits it's not an ideal situation, but it can work. Accommodations for Urban schools and transportation have changed and kids are acclimating accordingly. Location and accessibility are more important than the perfect site. Aleksuk said the school start times are staggered and this will help alleviate traffic issues. This use will probably work better than a business /office use where employees all arrive and leave at once. Szurek asked if parents dropped students off on Gould, 401h Ave, or Central, which violates the conditions, could the CUP be revoked. Holmbeck stated that Condition #5 addresses the pick up and drop off area. Gould Avenue could be added as a restricted street to the condition. Novitsky doesn't feel there is adequate outdoor space. He also questioned where they would eat their lunches. Aleksuk said they would use a room on the 2nd floor and that lunch breaks would also be staggered. Hoium asked if there was a requirement for the size of the play area. Holmbeck said there is not a specific square footage requirement for this in our code, so the only standard we have for schools is that the property must be four times larger than the building footprint. This was probably put in the code to allow for adequate outdoor space. Hoium then asked if they had secured a retail tenant. Aleksuk said yes, but the Adult Education, Charter School and Coffee Shop all want to go in at the same time and are all contingent on one another. The school is the biggest tenant and is the driving force that will allow the whole project to happen. Schill asked what the breakdown of students would be. Aleksuk estimated that 250 would be K -6 and that approximately 100 would be High School age. She was asked what the High School Students would use for free space. She responded that the High School (Career Pathways) is a Vo -tech type school teaching them skills for jobs, and therefore, gym space is not a requirement for them. Novitsky asked what happens if the coffee shop doesn't make it since we have so many in town now. She said they would then try to find another tenant but they still meet the MXU criteria with the school and Adult Education Center. Aleksuk said no matter what percentage you decide on, there is never a guarantee that all the uses will succeed. Holmbeck asked Aleksuk to tell the members about the schools going in. Aleksuk said Skyline Academy is a STEM (Science, Technology and Mathematics) K -6 school and Career Pathways is the Vo -Tech type High School. Szurek asked why representatives of the Charter Schools were not present. She said they would be available for the City Council meeting Monday night. 211 P & Z Minutes Page 13 June 6, 2017 Hoeft told members this is a two part process and one can't go forward without the other. He stated that the request does not meet the Standards established for lot coverage. In order for the CUP approval, you have to waive the Development Standard . If you find it is not appropriate to approve the waiver, then the CUP cannot be approved. They can then appeal it to the City Council. If the Council upholds the denial than the CUP doesn't move forward. He told them if they recommend approving the waiver, then they can decide on the CUP. He said you have to take it on faith that they will follow the conditions that are established, and if they don't, then action can be taken. He told members that there is no magic number for the ratio for the different uses in an MXU zone. His only comment is that he would advise the applicant to include the playground and gym area in their plan as school space and be honest about the percentage used for such. Those spaces wouldn't exist without the school there and the City Council would be leery if they thought they were being deceived in some way. Hoium asked if the building would still be subject to paying property taxes if a school goes into that space. Hoeft told members yes, it is not considered tax exempt property like a Public School is. Hoium said we have one school in town that doesn't meet these standards, and should that fact affect their decision on this request. Hoeft said no, the other school is considered a legal non - conforming use and was in existence before these standards were established. Hoeft said the Commission does have to keep in mind they would be setting precedence and would be undennining the Development Standards if they approve an exception to them. He said the preferable way to address this is to do an amendment to the code rather than making exceptions on a case by case basis. The easy legal solution is to not grant the waiver and to recommend the City Council amend the standards of the code. Hoeft reminded members that the Commission is acting as the Board of Appeals for the waiver request. The Commission can make a recommendation either way and the City Council can always override it. The City Council may choose to modify the City Code rather than granting a waiver. He stated that City Staff and the City Council would like to see the building used, but they must follow proper procedures and policies. Hoeft again said the first step is to decide whether or not to grant the waiver. Then the CUP and Site Plan can be addressed. Hoium didn't think granting a waiver to the Code is appropriate. He thought the City Council should decide whether to approve the waiver or to direct staff to amend the code. Schill asked how many offices were in the building when it was fully occupied. They said that was hard to determine as there were several businesses in there over the years and each one had different needs. Szurek said she didn't feel the proposed plan was honest about how the building would really be used. and how much of the building the K -12 would really take up. Dovolis responded that he adjusted the plan to try and comply with staff's recommended condition that the K -12 be limited to 50% of the building, when in fact they need more space from the very start. He said they didn't get told of that condition until the last minute and they made an attempt to comply to the best of their ability. Aleksuk said if they get the waiver and CUP, construction would start immediately as the Adult Education Center needs a place by July 1 't and the K -12 needs their space by the end of August. If the waiver is denied and the issue goes to the City Council, does that mean they have to come back to the P & Z at a later date for the CUP and Site Plan once the waiver is acted on. This would hold up the construction and would kill the project. Hoeft said the City Council can address the waiver, CUP and Site Plan at the Council meeting on June 12t , and that it would not need to come back to the Planning & Zoning Commission. 212 P & Z Minutes Page 14 June b, 2017 Szurek asked if anyone in the audience wished to speak on this issue. Jim Suek of 850 401h Avenue said he thought that the Adult Education use of the building would be primarily after hours, so the two uses wouldn't impact each other too much. He questioned if these two Charter schools already exist, why are they moving, and what is their experience and track record. Aleksuk said the Director of the High School (Career Pathways) has 25 years experience in education. They are currently located in south Minneapolis but have lost their leases, and they feel this is a good location with good accessibility. Public Hearing Closed Motion by Hoium, seconded by Novitsky, to deny the waiver of the Specific Development Standards outlined in the Zoning Ordinance. The Commission requests the City Council consider this request or to direct staff to amend the Ordinance if deemed appropriate. Roll Calk Ayes- Hoium, Novitsky, and Szurek Nays - Schill MOTIONPASSED. Motion by Hoium, seconded by Novitsky, to deny the CUP based on the denial of the waiver request which doesn't meet the Specific Development Standards. The Commission again requests the City Council to act on this matter. Roll Call: Ayes Hoium, Novitsky, and Szurek Nays - Schill MOTIONPASSED. Motion by Hoium, seconded by Novitsky, to forward the Site Plan approval without a recommendation to the City Council for consideration. All ayes. MOTION PASSED. CASE NUMBER: 2017 -0503 REQUEST: SITE PLAN REVIEW LOCATION: 3989 CENTRAL AVE APPLICANT: 500 LLC-NANCY ALEKSUK THIS WAS NOT ADDRESSED BY THE COMMISSION DUE TO THE MOTION PREVIOUSLY MADE FORWARDING THIS ITEM TO THE CITY COUNCIL, OTHER BUSINESS Holmbeck told members that there would be a meeting on July5th and asked if anyone would not be able to make it. Hoium said he would not be available. The meeting was adjourned at 8:45 pm. Respectfully submitted, Shelley Hanson Secretary 213 C COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8D MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: A Site Plan for the property located at 3989 Central Ave. NE. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck/ June 8, 2017 BY /DATE: BACKGROUND: Nancy Aleksuk on behalf of 500, LLC has submitted a request for Site Plan Review for the property located at 3989 Central Ave. NE. This Site Plan has minor modifications to the exterior of the former office building to accommodate new users in the building. A building permit will be submitted for the interior renovations, which is approved administratively. The applicant is proposing a mixed use development which will include two K -12 Schools, the Columbia Heights Adult Education Facility, and future retail uses. The Planning and Zoning Commission is required to review all commercial site plans, however has requested that the City Council review the site plan. The applicant has proposed to renovate the patio deck on the northwest side of the building to accommodate an outdoor playground area. The outdoor playground area would be in the former bank drive thru area on the ground level, and above the drive thru area on the patio deck off of the second floor. The applicant has indicated that a coffee shop has expressed interest in locating on part of the first floor. The attached plans show a proposed outdoor patio on the south west side of the building for the coffee shop. The Staff Planning Report which includes technical review information is attached for the City Council to consider. The application for Site Plan approval went before the Planning and Zoning Commission on June 6th, 2017. At the meeting, the Planning and Zoning Commission denied the applicant's other land use request, (Conditional Use Permit with a waiver), and forwarded the application for Site Plan Review to the City Council to consider in conjunction with the Conditional Use Permit. STAFF RECOMMENDATION: It appears the Findings of Fact that are required for Site Plan approval are met as outlined in the Zoning Ordinance and staff recommends that the City Council approve the Site Plan for the property located at 3989 Central Avenue NE., subject to certain conditions. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2017 -57, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2017- 57, being a resolution approving a Site Plan, for the property located at 3989 Central Avenue NE. subject to the certain conditions. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated April 27, 2017, will be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 214 Council Letter (3) D City of Columbia Heights - Council Letter Page 2 2. The existing monument sign will be removed and replaced with code compliant signage and the new signage will be consistent with the Design Guidelines and with City Code. Code compliant signage will be installed within 4 months of the building being operational. 3. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 4. The applicant will meet the requirements outlined in the attached report from the Director of Public Works /City Engineer, dated May 30, 2017. 5. The applicant will meet the requirements outlined in the attached report from the Building Official, dated May 24, 2017. 6. Anoka County review is pending for traffic impacts on 40th Avenue (County Roadway). Once the review is complete, the applicant must meet any requirements outlined by Anoka County. Staff will forward any comments from Anoka County to the applicant once received. 7. 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. 8. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 9. Site and elevation plans included in this submittal, shall become part of this approval. 10. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENTS: Resolution No. 2017 -57 Planning Report Location Map Application Applicant's Narrative Site Plans 215 RESOLUTION NO. 2017- 57 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for the property located 3989 Central Avenue NE. Whereas, a proposal (Case # 2017 -0603) has been submitted by Nancy Aleksuk on behalf of 500, LLC to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 3989 Central Avenue NE., Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval to allow for proposed modifications to the exterior of the former office building located at 3989 Central Avenue NE. Whereas, the City Council has held a public hearing as required by the City's Zoning Code, on June 12th, 2017 Whereas, the City Council 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 City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT a. The Site Plan conforms to all applicable requirements of this article. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. Further, be it resolved, that the attached conditions, maps, and other information shall become part of this approval; and in granting this approval the City and the Applicant agree that this Site Plan shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated April 27, 2017, will be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 2. The existing monument sign will be removed and replaced with code compliant signage and the new signage will be consistent with the Design Guidelines and with City Code. Code compliant signage will be installed within 4 months of the building being operational. 3. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 4. The applicant will meet the requirements outlined in the attached report from the Director of Public Works /City Engineer, dated May 30, 2017. 5. The applicant will meet the requirements outlined in the attached report from the Building Official, 216 City of Columbia Heights - Council Resolution dated May 24, 2017. Page 2 6. Anoka County review is pending for traffic impacts on 40th Avenue (County Roadway). Once the review is complete, the applicant must meet any requirements outlined by Anoka County. Staff will forward any comments from Anoka County to the applicant once received. 7. 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. S. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 9. Site and elevation plans included in this submittal, shall become part of this approval. 10. All other applicable local, state, and federal requirements shall be met at all times. ORDER OF COUNCIL Passed this 12th day of June, 2017. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 217 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0603 DATE: June 6, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Nancy Aleksuk, 500 LLC DEVELOPMENT: Proposed Mixed Use Redevelopment LOCATION: 3989 Central Ave. NE. REQUEST: Site Plan Review PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, Nancy Aleksuk on behalf of 500, LLC has submitted two land use applications; a Conditional Use Permit request with a Waiver and a Site Plan Review request. Both applications relate to a proposed development located at 3989 Central Avenue NE. (the former office building). The building on the subject property has been mostly vacant for the past three years, with the last tenant leaving one year ago in the spring of 2016. The applicant believes it has found an anchor tenant, two charter schools which will allow the applicant to renovate the building and also lease to the Columbia Heights Adult Education Facility and possible future retail on the first floor. The applicant has indicated that a coffee shop is interested in leasing space on the first floor. This report specifically addresses the request for Site Plan Review. The applicant has requested Site Plan Review to allow for proposed modifications to the exterior of the former office building. This Site Plan Review involves minor modifications to the exterior of the building. A building permit will be submitted for the interior renovations, which is approved administratively. The applicant is proposing a mixed use development which will include two K -12 Schools, the Columbia Heights Adult Education Facility, and future retail uses. The Planning and Zoning Commission is required to review all commercial site plans. This plan involves a proposed renovation of the existing outdoor upper and lower patio on the north side of the building, and a new ground level patio on the west side of the building. ZONING ORDINANCE The property located at 3989 Central Avenue is located in the Mixed Use Zoning District. The properties to the north, south and west are located in the Central Business Zoning District. The properties to the east are located in the R -3, Multiple Family Residential Zoning District. The proposed uses as presented are all considered to be potentially allowable uses in the Mixed Use Zoning District. 218 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 2 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial uses. This property was recently rezoned from Central Business to Mixed -Use. Due to the ongoing Comprehensive Plan revision, currently underway, the City Attorney has advised to amend the map when the update is complete. As such, the property is not designated for mixed use in the Comprehensive Plan, rather commercial uses. While the K -12 School use is not a commercial use, the building will still contain commercial users. Additionally, staff is recommending that the Conditional Use Permit require that a portion of the building be reserved for commercial or institutional uses. Specifically, staff recommends that half of the building be reserved for commercial or institutional uses, including the first floor. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Business 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. For this proposal the majority of the Design Guidelines do not apply, as the proposed modifications do not affect the standards that are outlined in the Design Guidelines. The Design Guidelines apply to items such as building placement, facades and roof design, building width and facade articulation, building height, and window design. At this time, the applicant is not proposing changes to these items. SITE PLAN 1. Parking The proposed plan identifies parking for the proposed uses to be provided in the adjacent parking ramp. The parking ramp has 344 parking stalls which meets the required parking for the proposed types of uses on the property. 2. Access The site will be served by two access points off 44th Avenue and Gould Avenue. MNDOT has received the proposed plans and has no comment on the plans at this time. Anoka County is still reviewing the plans. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. It appears the applicant's proposal will complement the layout of the development. There will be a variety of landscaping planted around the perimeter of the site, which meets the City's Landscaping requirements and should provide adequate screening. Staff recommends that the landscaping as indicated in the plan submittal, be installed within 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. This recommendation has been added as a condition of approval to the Site Plan. 4. Lot Dimension, Height and Setback Requirements 219 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 3 The proposed plan does not have specific requirements called out in the ordinance, as the property is zoned Mixed Use. In order to remain flexible for development proposals, properties with this zoning designation do not have specific setback or dimensional requirements. Staff believes the proposal does show reasonable setback information, in particular the proposed new patio is setback 10 feet from the western property line, which appears to be adequate. S. Other The current sign on the property is in need of replacement, and does not comply with the City's sign code standards. Staff recommends that the existing sign be removed and replaced with code compliant signage and the new signage must be consistent with Design Guidelines and with City Code. Staff recommends that the new signage be installed within 4 months of the building being operational. This recommendation has been added as a condition of approval to the Site Plan. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows; a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. Staff believes 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 appears to meet the applicable standards outlined in the Zoning Ordinance. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. 220 City of Columbia Heights Planning and Zoning Commission June 6, 2017 Planning Report Page 4 RECOMMENDATION Staff recommends that the Planning and Zoning Commission approve the Site Plan for the property located at 3989 Central Avenue NE., subject certain conditions. Motion: Move to waive the reading of Resolution No. 2017 -PZ04, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2017- PZ04, being a resolution approving a Site Plan, for the property located at 3989 Central Avenue NE. subject to the certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including. I. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated April 27, 2017, will be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 2. The existing monument sign will be removed and replaced with code compliant signage and the new signage will be consistent with the Design Guidelines and with City Code. Code compliant signage will be installed within 4 months of the building being operational. 3. The building and site shall be meet all requirements found in the Eire Code and the Building Code. 4. The applicant will meet the requirements outlined in the attached report from the Director of Public Works /City Engineer, dated May 30, 2017. 5. The applicant will meet the requirements outlined in the attached report from the Building Official, dated May 24, 2017. 6. Anoka County review is pending for traffic impacts on 40th Avenue (County Roadway). Once the review is complete, the applicant must meet any requirements outlined by Anoka County. Staff will forward any comments from Anoka County to the applicant once received. 7. 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. 8. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 9. Site and elevation plans included in this submittal, shall become part of this approval, 10. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENTS Resolution No. 2017 -PZ04 Location Map Application Applicant's Narrative Site Plans 221 A cbt tiT V , - 44-1, f- ' r i E t�l s S #, 4 �,. Is emu ,.mn,. 1 J } �V i 1 3951_ _ t u�c�►a 3939 >: At .... , Acv^; Atnfa Flaen &prat ❑f''.0 ?A 222 Olt 396F . 39 At .... , Acv^; Atnfa Flaen &prat ❑f''.0 ?A 222 CITY OF COLUMBIA HEIGHTS SITE PLAN REVIEW APPLICATION To be filled out by City.. CASE NO.: APPLICABLE ORDINANCE NO.: 9.104 (M) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant; PROPOSED NAME OF DEVELOPMENT: 3989 Central Development PROJECT ADDRESS /LOCATION: 3989 Central Avenue N.E. LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): The legal description of the Property is attached hereto as Exhibit A and is incorporated herein by reference PRESENT USE OF PROPERTY: Vacant Office Build PROPOSED USE OF PROPERTY: Mixed Use including K12 charter school, adult education center and retail REASON FOR REQUEST (please attach a written narrative describing your.proposal, the intended use of the property, and justification for your request.) APPLICANT 500 LLC PHONE c/o Nancy Aleksuk E -MAIL nancyCWswervo.com PAGER 51— 0 N. 1' Avenue ADDRESS Suite 600 CITY Minneapolis STATE FEE OWNER OF PROPERTY Same as above ADDRESS CITY (612) 998- FAX 9123 MN CELL # ZIP 55403 PHONE _ FAX STATE ZIP Page 1 of 2 223 CITY OF COLUMBIA HEIGHTS SITE PLAN REVIEW APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY SITE PLAN APPLICATION A. Site Plan submittals as required in the attached application checklist, showing what is proposed for the property. APPLICATION FEES: A. $250.00 Site Plan Review Fee TOTAL AMOUNT RECEIVED $ �;l Sd CITY RECEIPT NUMBER Cp j^` J ��J DATE RECEIVED 5�) 11-7 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: 500 LLC Its: Q(" APPLfCANrSIGNATURE PROPERTY OWNER SIGNATURE (If different from Applicant) -b -1 �-e DA DATE 1-7 C lrt aL�.� �-'►- .�d Abe Uc-- c�C.6 � 6ar.� 5/1 / 1-7 COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 224 tAtIlbi i A PROPER'ry DESCRIPTION The land referred to in this Policy 18 described as follows: Parcel 1: Lot 32, Block 6, Reservoir Hills, Anoka County, Minnesota, Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota, The vacated alley adjacent to Lots 25 through 28, Block 1, Walton's 6, Reservoir Hills, Anoka County, Minnesota. Rearrangement of Lots 33 and 34, Block Those parts of Lots 28 through 31, Block 6, Reservoir Hills; Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; and of the vacated alley adjacent to Lot 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Bloch 6, Reservoir Hills; lying Southwesterly and Westerly of the following described line. Beginning at a point on file South fine of Block 1, Walton's Rearrangement, said point being 18.00 feet West of the Southeast cornor of Lot 23, of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the Northwest corner of said Lot 30 and there terminating. Abstract Property Torrens Property Torrens Certificate No. 127361 Parcel 2: Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and $4, Block 6, Reservoir Hills", as dedicated in said plat, lying Within the following described tract: Commencing at a point on the South line of said Block 1, Walton's Rearrangement distant 18-00 feet West of the Southeast corner of Lot 23, said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be described; thence continuing Northerly an the extension of said line to the North line of Block 6, Reservoir Hills; thence Westerly along said North line of Block 03, to a point being 47.23 feet Easterly of the Northwest corner of Lot 30, Block 6, Reservoir Hills; thence Southeasterly, to the point of beginning; Excepting therefrom Tract A, Registered Land Survey No. 250, Anoka County, Minnesota Abstract Property Parcel 3: Tract A, Registered Land Survey No, 250, Anoka County, Minnesota, 225 Exhibit B to Site Plan Review Application Reason for Request Intended Use Applicant intends to use the Property for the following uses: (a) K -12 Charter School; (b) Adult Education facility; (c) Retail /Commercial uses Applicant intends to use the Property in part as a K -12 charter school, Specifically, Applicant has executed a lease with the operator of K -6 charter school that will operate on the second and third floors of the building. This part of the school will serve approximately 250 students and will initially operate in approximately 22,500 square feet of space. Additionally, the Property will be home to a 7 -12 STEM (Science, Technology Engineering and Math) based curriculum charter school. This school will serve approximately 100 students and will initially use approximately 15,500 square feet of space. Both charter school leases provide for options for additional space as needs require. The building is being reconfigured to meet all of the needs and requirements of the charter schools. As shown on the site plan accompanying this Application, there will be enclosed outdoor play areas on first level and on second level deck. The outdoor play areas will comprise 15,869 square feet. Not only will these areas serve as a place for playground and outdoor activities, but the configuration of these spaces has the added benefit of being contained in a secure area, reducing the risk of injury to children and generally keeping them safe. Like many charter schools in urban areas, the schools operating in the building will not offer extracurricular sports, and this outdoor recreation area is designed to provide ample activity space based the needs expressed by the schools. The building can also be configured so as to create a gymnasium -sized multi- purpose space for the entire school, The school will be completely separate and secured from any other commercial or institutional user in the building. Complementing this school use is the pending, lease with the Columbia Heights Public School District, which will offer adult education classes on the sixth floor of the building. 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Li 1 Z 0 O c� .i CH 1, COLUMBIA HEIGHTS AGENDA SECTION. ITEMS FOR CONSIDERATION ITEM NO. 9A1 MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2017 -58, AWARDING THE SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $ ; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT; AND RESOLUTION 2017 -59, AWARDING THE SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $ ; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY. DEPARTMENT: Finance CITY MANAGER'S APPROVAL: BY /DATE: Joseph Kloiber /June 8, 2017 BY /DATE: / fo BACKGROUND: Current market conditions present an opportunity to reduce interest expense by refinancing (a.k.a. refunding) two outstanding bond issues, EDA Series 2007B and City Series 2008A. This matter has been reviewed at multiple City Council and EDA meeting since January 2017, resulting in the related adoption of resolution 2017 -39, resolution 2017 -40, and ordinance 1639. The final step of this refunding process is for the City Council to award the sale of the replacement bonds to the lowest bidder(s). In the June 12th agenda and agenda packet, the principal amount of the replacement bonds is left blank, pending the results of the bidding. The City's bond advisor, Ehlers and Associates, will prepare a report of the bidding results, and distribute the report at the June 12th City Council meeting prior to consideration of the attached resolutions. STAFF RECOMMENDATION: Staff recommends approval of the motions listed below. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2017 -58, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -58, being a resolution awarding the sale of general obligation refunding bonds, series 2017A, in the original aggregate principal amount of $ ; fixing their form and specifications; directing their execution and delivery; and providing for their payment. MOTION: Move to waive the reading of Resolution 2017 -59, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -59, being a resolution 2017 -59, awarding the sale of general obligation refunding bonds, series 2017B, in the original aggregate principal amount of $ ; fixing their form and specifications; directing their execution and delivery; providing for their payment; providing for the escrowing and investment of the proceeds thereof; and providing for the redemption of bonds refunded thereby. ATTACHMENTS: Resolution 2017 -58 Resolution 2017 -59 Advanced Refunding Escrow Agreement - 2008B Series Bonds CouncilLetter Res2017 58 Res2017 59.docx 246 Extract of Minutes of Meeting of the City Council of the City of Columbia Heights, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Columbia Heights, Minnesota, was duly held in the City Hall in said City on Monday, June 12, 2017, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Refunding Bonds, Series 2017A, to be issued in the original aggregate principal amount of $ The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are attached hereto as EXHIBIT A. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: 500945v1 MNI CL162 -53 247 RESOLUTION NO. 2017-58 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $ ; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City "), as follows: Section 1. Sale of Bonds. 1.01. Back g off. (a) Pursuant to a Mortgage and Security Agreement and Trust Indenture, dated as of September 1, 2007 (the "Indenture "), between the Columbia Heights Economic Development Authority (the "Authority ") and U.S. Bank National Association, as trustee, the Authority issued its Public Facility Lease Revenue Bonds, Series 2007B (Municipal Liquor Stores Project) (the "Authority Bonds "), dated September 19, 2007, in the original aggregate principal amount of $5,040,000. The proceeds of the Authority Bonds were used to provide financing for the construction of two new municipal liquor stores (the "Improvements ") in the City. The Authority acquired a leasehold interest in the real property on which the Improvements were constructed (the "Site ") pursuant to a Ground Lease, dated as of September 1, 2007 (the "Ground Lease "), between the City, as lessor, and the Authority, as lessee. The Authority Bonds are secured by lease payments (the "Lease Payments ") from the City to the Authority pursuant to a Lease - Purchase Agreement, dated as of September 1, 2007 (the "Lease "), between the Authority, as lessor, and the City, as lessee. The Authority Bonds are callable at the option of the City on or after February 1, 2017 and are currently outstanding in the principal amount of $3,700,000. Accordingly, pursuant to Section 8.1 of the Lease, the City has the option to prepay the Lease Payments and acquire the Site and the Improvements. (b) On the date hereof, the Board of Commissioners of the Authority adopted a resolution calling the outstanding Authority Bonds for redemption on August 1, 2017 (the "Redemption Date "). (c) The City is authorized by Minnesota Statutes, Section 475.67, subdivision 3 to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when deterniined by the City Council to be necessary or desirable for the reduction of debt service costs to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. (d) It is necessary and desirable for the reduction of debt service costs to the City that the City issue its General Obligation Refunding Bonds, Series 2017A (the "Bonds "), in the original aggregate principal amount of $ , pursuant to the home rule charter, an ordinance of the City, and Minnesota Statutes, Chapter 475, as amended (the "Act "), specifically Section 475.67, subdivision 3, to refund the outstanding principal amount of the Authority Bonds 500945v1 MNICL62 -53 2 248 on the Redemption Date, prepay the outstanding Lease Payments, and acquire the Site and the Improvements. (e) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City's municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser ") to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ (par amount of $ , [plus original issue premium of $ ,] [less original issue discount of $ ,] less underwriter's discount of $ ), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: Year Interest Rate 2018 % 2019 2020 2021 2022 2023 True interest cost: % Year Interest Rate 2024 % 2025 2026 2027 2028 2029 1.03. Purchase Contract. The amount proposed by the Purchaser in excess of the minimum bid shall be credited to the Debt Service Fund hereinafter created or deposited in the Redemption Fund hereinafter created, as determined by the Finance Director of the City in consultation with the City's municipal advisor. The Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act, in the total principal amount of $ , originally dated July 6, 2017, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2018 $ 2024 2019 2025 2020 2026 2021 2027 2022 2028 2023 2029 1.05. Optional Redemption. The City may elect on February 1, 2026, and on any day thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of 500945vl MNI CL162 -53 3 249 such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Mandatory Redemption; Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates, Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2018, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ig ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the 500945v1 N NI CL162 -53 4 250 requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of the City Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an 500945v1 MNI CL162 -53 5 251 officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed defmitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form set forth in EXHIBIT B. 3.02. Approving _Le ag 1 O ice. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Refunding Bonds, Series 2017A Debt Service Fund (the "Debt Service Fund ") hereby created, and the proceeds of the ad valorem taxes (the "Taxes ") hereinafter levied are hereby pledged to the Debt Service Fund. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. There is appropriated to the Debt Service Fund any amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof. 4.02. Redemption Fund. Proceeds of the Bonds, less the amounts appropriated in Section 4.01 and costs of issuance of the Bonds, shall be deposited with the City in a separate account designated the "Redemption Fund" and transferred to the Authority on the Redemption Date, for the payment of the outstanding principal amount of and interest on the Authority Bonds. 4.03. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby pledged. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the Taxes levied herein when collected. 500945v] MN] CL162 -53 6 252 4.04. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Debt Service Fund and will be in the years and amounts as shown in EXHIBIT C attached hereto. 4.05. Certification to Manager of Property Records and Taxation as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Taxes will produce at least five percent (5 %) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Manager of Property Records and Taxation of Anoka County, Minnesota (the "Manager of Property Records and Taxation "), the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of Property Records and Taxation will thereupon reduce the levy collectible during such year by the amount so certified. 4.06. Certificate of Manager of PMperty Records and Taxation as to Registration. The City Manager is authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation and to obtain the certificate required by Section 475.63 of the Act. Section 5. Refunding;; Findings; Redemption of Authority Bond. 5.01. Purpose of Refunding. In order to acquire the Site and Improvements, the City has determined to prepay its Lease Payments due under the Lease in an amount necessary to pay the outstanding principal of and interest on the Authority Bonds on the Redemption Date. It is hereby found and determined that based upon information presently available from the City's municipal advisor, the issuance of the Bonds is consistent with covenants made with the holders of the Authority Bonds and is necessary and desirable both to acquire the Site and Improvements and for the reduction of debt service cost to the City. 5.02. Other Documents. The Mayor and City Manager are hereby authorized and directed to execute such documents which are necessary and appropriate to satisfy the Lease, satisfy the Ground Lease, and redeem the Authority Bonds. Such satisfaction documents are hereby approved in substantially the forms on file with the City on the date hereof, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. 5.03. Redemption. The City hereby ratifies and approves the Authority's call of redemption of the Authority Bonds. Section 6. Authentication of Transcript. 6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 500945v1 MNI CL162 -53 7 253 6.02. Certification as to Official Statement. The Mayor, City Manager, and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. Other Certificates. The Mayor, City Manager, and Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Manager, and the Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 6.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's municipal advisor, Ehlers & Associates, Inc. Section 7. Tax Covenant. 7.01. Tax - Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. Qualified Tax - Exempt Oblilzations. The Bonds are deemed to be "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, because the City determines that: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the Authority Bonds were qualified tax - exempt obligations; (c) the Bonds are not taken into account in determining the status of the City as a "qualified small issuer" within the meaning of Section 265(b)(3) of the Code, because the amount of the Bonds does not exceed the outstanding amount of the Authority Bonds; 500945v1 MNI CL162 -53 8 254 (d) the average maturity date of the Bonds is not later than the average maturity date of the Authority Bonds; and (e) the Bonds have a maturity date which is not later than the date which is thirty (30) years after the date the Authority Bonds were issued. 7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Book -Entry System, Limited Obligation of City. 8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants ") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter ") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book -Enja System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that 500945v1 MNI CL162 -53 9 255 they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. Execution of Continuiniz Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 9.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 500945v1 MNI CLI62 -53 10 256 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Adopted: June 12, 2017 Mayor ATTEST: City Clerk 500945v1 MNI CL162 -53 11 257 EXHIBIT A PROPOSALS 500945v1 MNI CLI62 -53 A_1 258 EXHIBIT B FORM OF BOND No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION REFUNDING BOND SERIES 2017A Date of Rate Maturity Original Issue CUSIP February 1, 20 July 6, 2017 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City "), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2018, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, Saint Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2026, and on any day thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ( "DTC ") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 12, 2017 (the "Resolution "), for the purpose of providing money to acquire certain facilities in the City by prepaying outstanding lease payments under a Lease - Purchase Agreement, dated as of September 1, 2007, between the Columbia Heights Economic Development Authority (the "Authority ") and the City, and to refund certain outstanding lease- revenue obligations of the Authority issued to finance the facilities, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, 500945v1 MN1CL162 -53 B -1 259 including Minnesota Statutes, Chapter 475, as amended, specifically Section 475.67, subdivision 3. The principal hereof and interest hereon are payable from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has deemed designated the issue of Bonds of which this Bond forms a part as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code ") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such .transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory, or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: July 6, 2017 (Facsimile) Mayor CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimile) City Manager 500945v1 MNI CL162 -53 B -2 260 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION ME Authorized Representative ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: 500945v MNI CL162 -53 B -3 261 NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Cede & Co. Federal ID #13- 2555119 Signature of Officer of Registrar 500945v1 MNI CL162 -53 B -4 262 EXHIBIT C TAX LEVY SCHEDULE YEAR * TAX LEVY * Year tax levy collected. 500945v1 MNI CL162 -53 C_1 263 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS ) I, being the duly qualified and acting City Clerk of the City of Columbia Heights, Anoka County, Minnesota (the "City "), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 12, 2017 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Refunding Bonds, Series 2017A, in the original aggregate principal amount of $ WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of 52017. City Clerk City of Columbia Heights, Minnesota (SEAL) 500945v MNI CL162 -53 264 Extract of Minutes of Meeting of the City Council of the City of Columbia Heights, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Columbia Heights, Minnesota, was duly held in the City Hall in said City on Monday, June 12, 2017, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Refunding Bonds, Series 2017B, to be issued in the original aggregate principal amount of $ The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are attached hereto as EXHIBIT A. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: 500958v MNI CLI62 -53 265 RESOLUTION NO. 2017-59 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $ ; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City "), as follows: Section 1. Sale of Bonds. 1.01. Background. (a) On August 6, 2008, pursuant to the home rule charter of the City and Minnesota Statutes, Chapter 475, as amended (the "Act "), the City issued its General Obligation Public Safety Center Bonds, Series 2008B (the "Prior Bonds "), dated August 6, 2008, in the original aggregate principal amount of $10,000,000, currently outstanding in the aggregate principal amount of $8,500,000, of which $8,250,000 in principal amount is subject to redemption on or after February 1, 2018. Proceeds of the Prior Bonds were used to finance the construction of a public safety center in the City. (b) The City is authorized by Section 475.67, subdivisions 4 through 12 of the Act to issue and sell its general obligation bonds to refund outstanding bonds when determined by the City Council to be necessary and desirable for the reduction of debt service or interest cost or the adjustment of maturities of outstanding issues of bonds. (c) The City finds it necessary and desirable for the reduction of debt service cost to issue its General Obligation Refunding Bonds, Series 2017B (the "Bonds "), in the original aggregate principal amount of $ , to achieve the partial net cash advance refunding of the Prior Bonds by (i) paying interest on the 2019 through 2038 maturities of the Prior Bonds to and including February 1, 2018 (the "Redemption Date "); and (ii) paying the outstanding principal amount of the 2019 through 2038 maturities of the Prior Bonds on the Redemption Date. (d) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City's municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser ") to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ (par amount of $ , [plus original issue premium of $ J [less original issue discount of $ J less 500958v1 MNI CL162 -53 2 266 underwriter's discount of $ ), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: Year Interest Rate Year 2018 % 2029 2019 2030 2020 2031 2021 2032 2022 2033 2023 2034 2024 2035 2025 2036 2026 2037 2027 2038 2028 True interest cost: Interest Rate 1.03. Purchase Contract. The amount proposed by the Purchaser in excess of the minimum bid shall be credited to the Debt Service Fund hereinafter created or deposited in the Escrow Fund hereinafter created, as determined by the Finance Director of the City in consultation with the City's municipal advisor. The Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act, in the total principal amount of $ , originally dated July 6, 2017, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2018 $ 2029 $ 2019 2030 2020 2031 2021 2032 2022 2033 2023 2034 2024 2035 2025 2036 2026 2037 2027 2038 2028 1.05. Optional Redemption. The City may elect on February 1, 2026, and on any day thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such 500958v1 MNI CL162 -53 3 267 maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Mandatory Redemption- Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates, Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2018, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ig ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) - Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. 500958v1 MNI CLI62 -53 4 268 (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of the City Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all 500958v1 MNICL162 -53 5 269 purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form set forth in EXHIBIT B. 3.02. Approving Le ag 1 Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds are payable from the General Obligation Refunding Bonds, Series 2017B Debt Service Fund (the "Debt Service Fund ") hereby created. The Debt Service Fund shall be administered by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. There is hereby pledged and irrevocably appropriated and there will be credited to the Debt Service Fund: (i) any balance remitted to the City upon the termination of the Escrow Agreement (hereinafter defined); (ii) collection of all taxes hereafter levied for the payment of the Bonds and interest thereon (the "Taxes "); (iii) amounts over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof, (iv) all investment earnings on funds in the Debt Service Fund; and (v) any and all other moneys which are properly available and are appropriated by the City Council to the Debt Service Fund. The amount of any surplus remaining in the Debt Service Fund when the Bonds and interest thereon are paid will be used as provided in Section 475.61, subdivision 4 of the Act. 4.02. Escrow Fund. A portion of the proceeds of the Bonds in the amount of $ will be deposited in a separate fund (the "Escrow Fund ") maintained by U.S. Bank National Association, in Saint Paul, Minnesota, acting as escrow agent (the "Escrow Agent "). Such funds will be received by the Escrow Agent and applied to fund the Escrow Fund or to pay costs of issuing the Bonds. Proceeds of the Bonds deposited to the Escrow Fund and not used to pay costs of issuance on the Bonds are hereby irrevocably pledged and appropriated to the Escrow Fund, together with all investment earnings thereon. The Escrow Fund will be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as will be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Fund, to (i) pay the interest on the 2019 through 2038 maturities of the Prior Bonds to and including the Redemption Date; and (ii) pay on the Redemption Date the principal amount of the 2019 through 2038 maturities of the Prior Bonds. The Escrow Fund will be irrevocably appropriated to the 500958v1 MNI CL162 -53 6 270 payment of the principal of and interest on the Prior Bonds until the proceeds of the Bonds therein are applied to prepayment of the Prior Bonds. The moneys in the Escrow Fund will be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Fund may be remitted to the City, all in accordance with the Escrow Agreement between the City and the Escrow Agent. Any moneys remitted to the City upon termination of the Escrow Agreement will be deposited in the Debt Service Fund. 4.03. Prior Debt Service Fund. The debt service fund heretofore established for the Prior Bonds pursuant to the resolution authorizing the issuance and sale of the Prior Bonds (the "Prior Resolution ") shall be terminated on the Redemption Date, following the redemption of the Prior Bonds, and all monies therein are hereby transferred to the Debt Service Fund herein created. 4.04. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Escrow Fund or Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Escrow Fund or Debt Service Fund when a sufficient balance is available therein. 4.05. Pleds;e of Tax Levies. (a) To provide moneys for payment of the principal and interest on the Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such Taxes will be credited to the Debt Service Fund above provided and will be in the years and in the amounts attached hereto as EXHIBIT C. (b) The tax levies are such that if collected in full they, together with estimated collections of investment earnings (and until the Redemption Date, of all amounts in the Escrow Fund) and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5 %) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies will be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right to reduce the levies in the manner and to the extent permitted by Section 475.6 1, subdivision 3 of the Act. 4.06. Cancellation of Prior Lew after Redemption Date. Following the payment in full of all outstanding principal of and interest on the Prior Bonds on the Redemption Date, the Finance Director is hereby directed to certify such fact to and request the Manager of Property Taxation and Records of Anoka County, Minnesota (the "Manager of Property Records and Taxation ") to cancel any and all tax levies made for the Prior Bonds pursuant to the Prior Resolution. 4.07. Certification to Manager of Property Records and Taxation as to Debt Service Fund Amount. It is determined that the estimated collection of the foregoing Taxes will produce at least five percent (5 %) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable until the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Manager of Property Records and Taxation the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of Property Records and Taxation will thereupon reduce the levy collectible during such year by the amount so certified. 500958v MNI CL162 -53 7 271 4.08. Certificate of Manager of Property Records and Taxation as to Registration. The City Manager is authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation and to obtain the certificate required by Section 475.63 of the Act. Section 5. Refunding Findings; Redemption of Prior Bonds. 5.01. Purpose of Refunding. The 2019 through 2038 maturities of the Prior Bonds will be called for redemption on the Redemption Date in the principal amount of $8,250,000. It is hereby found and determined that based upon information presently available from the City's municipal advisor, the issuance of the Bonds, the proceeds of which will be used to refund the Prior Bonds, is consistent with covenants made with the holders of the Prior Bonds and will result in a reduction of debt service or interest cost to the City. 5.02. Findings. It is hereby found and determined that based upon information presently available from the City's municipal advisor, the issuance of the Bonds will result in a reduction of debt service cost to the City on the Prior Bonds, such that the present value of such debt service or interest cost savings (the "Reduction ") is at least three percent (3 %) of the debt service on the Prior Bonds. The Reduction, after the inclusion of all authorized expenses of refunding in the computation of the effective interest rate on the Bonds, is adequate to authorize the issuance of the Bonds as provided by Section 475.67, subdivision 12 of the Act. 5.03. Proceeds Pledged to the Escrow Fund. As of the date of delivery of and payment for the Bonds, proceeds of the Bonds in the amount of $ are hereby pledged and appropriated and will be deposited in the Escrow Fund for the purposes of (i) paying interest on the 2019 through 2038 maturities of the Prior Bonds to and including the Redemption Date; and (ii) paying the outstanding principal amount of the 2019 through 2038 maturities of the Prior Bonds on the Redemption Date. Proceeds of the Bonds in the amount of $ will be deposited in the Escrow Fund to pay the costs of issuance of the Bonds. 5.04. Securities to Fund Escrow Fund. Securities, if any, purchased from the moneys in the Escrow Fund will be limited to securities specified in Section 475.67, subdivision 8 of the Act. Ehlers & Associates, Inc., and/or U.S. Bank National Association as agent for the City, is hereby authorized and directed to purchase for and on behalf of the City and in its name, appropriate securities to fund the Escrow Fund. Upon the issuance and delivery of the Bonds, the securities so purchased will be deposited with the Escrow Agent and held pursuant to the terms of the Escrow Agreement and this resolution. 5.05. Notices of Call for Redemption. The Prior Bonds maturing on February 1, 2019 and thereafter will be redeemed and prepaid on the Redemption Date in accordance with their terms and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached hereto as EXHIBIT D, which terms and conditions are hereby approved and incorporated herein by reference. The registrar for the Prior Bonds is authorized and directed to send a copy of the Notice of Call for Redemption to each registered holder of the Prior Bonds. 5.06. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor and the City Manager are hereby authorized and directed to execute on behalf of the City an escrow agreement (the "Escrow Agreement ") with the Escrow Agent in substantially the form now on file with the City Clerk. All essential terms and conditions of the Escrow Agreement, including payment by the City of reasonable charges for the services of the Escrow Agent, are hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 500958v1 MNICL162 -53 8 272 Section 6. Authentication of Transcript. 6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. Certification as to Official Statement. The Mayor, City Manager, and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. Other Certificates. The Mayor, City Manager, and Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Manager, and the Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 6.04. Payment of Costs of Issuance. Costs of issuance of the Bonds will be paid by the Escrow Agent pursuant to the Escrow Agreement. Section 7. Tax Covenant. 7.01. Tax - Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: 500958v1 MNl CL162 -53 9 273 (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2017 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Book -Entry System; Limited Obligation of City. 8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. Participant With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants ") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any .other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter ") which will govern payment of principal of, 500958v1 NINI CL162 -53 10 274 premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book-Entryy sy tem. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 9. Continuiniz Disclosure. 9.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 9.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 500958v1 MNI CL162 -53 11 275 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Adopted: June 12, 2017 Mayor ATTEST: City Clerk 500958v1 MN] CL162 -53 12 276 EXHIBIT A PROPOSALS 500958v MNICL162 -53 A -1 277 EXHIBIT B FORM OF BOND No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION REFUNDING BOND SERIES 2017B Date of Rate Maturity Original Issue CUSIP February 1, 20_ July 6, 2017 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City "), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2018, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, Saint Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2026, and on any day thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ( "DTC ") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 12, 2017 (the "Resolution "), for the purpose of providing money to refund in advance of maturity a portion of certain general obligation bonds of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, as amended, specifically Section 475.67, subdivisions 4 through 12, as amended. The principal hereof and interest hereon are payable from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and 500958vl MNI CL162 -53 B -1 278 powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code ") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory, or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: July 6, 2017 (Facsimile) Mayor CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimile) City Manager 500958vl MNI CLI62 -53 B -2 279 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION i Authorized Representative ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM — as tenants in common TEN ENT — as tenants by entireties JT TEN — as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: 500958v] MNI CL162 -53 B -3 280 NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Registrar Cede & Co. Federal ID #13- 2555119 500958v1 MN1 CL162 -53 B -4 281 EXHIBIT C TAX LEVY SCHEDULE YEAR * * Year tax levy collected. TAX LEVY 500958v] MNI CLI62 -53 C_1 282 EXHIBIT D NOTICE OF CALL FOR REDEMPTION $10,000,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS SERIES 2008B NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Columbia Heights, Minnesota (the "City "), there have been called for redemption and prepayment on February 1, 2018 all outstanding bonds of the City designated as General Obligation Public Safety Center Bonds, Series 2008B (the `Bonds "), dated August 6, 2008, having stated maturity dates of February 1 in the years 2019 through 2038, both inclusive, totaling $8,250,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2019 $ 260,000 197684 NJ8 2020 270,000 197684 NK5 2021 285,000 197684 NL3 2022 295,000 197684 NMI 2023 310,000 197684 NN9 2024 320,000 197684 NP4 2026 685,000 197684 NRO 2028 755,000 197684 NT6 2030 830,000 197684 NV 1 2032 910,000 197684 NX7 2035 1,545,000 197684 PA5 2038 1,785,000 197684 PD9 The bonds are being called at a price of par plus accrued interest to February 1, 2018, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of Saint Paul, Minnesota, on or before February 1, 2018: U.S. Bank National Association Corporate Trust Services 111 Fillmore Avenue East St. Paul, MN 55107 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2003, the paying agent is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless the paying agent is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request 500958v MNI CL162 -53 D -1 283 for Taxpayer Identification Number and Certification, Form W -9 (Rev. December 2011), will satisfy the requirements of this paragraph. Dated: BY ORDER OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By /s/ Walter R. Fehst City Manager City of Columbia Heights, Minnesota 5009580 MNI CL162 -53 D -2 284 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS ) I, being the duly qualified and acting City Clerk of the City of Columbia Heights, Anoka County, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 12, 2017 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Refunding Bonds, Series 2017B, in the original aggregate principal amount of $ WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 2017. City Clerk City of Columbia Heights, Minnesota (SEAL) 500958v1 MNI CL162 -53 285 ADVANCE REFUNDING ESCROW AGREEMENT Relating to: $10,000,000 City of Columbia Heights, Minnesota General Obligation Public Safety Center Bonds Series 2008B THIS ADVANCE REFUNDING ESCROW AGREEMENT, dated July 6, 2017 (the "Agreement "), is made pursuant to Minnesota Statutes, Section 475.67, subdivisions 4 through 12 (the "Act "), and executed by and between the City of Columbia Heights, Minnesota (the "City ") and U.S. Bank National Association, Saint Paul, Minnesota, a national banking association (the "Escrow Agent "): WITNESSETH: That the parties hereto recite and, in consideration of the mutual covenants contained herein, covenant and agree as follows: 1. The City previously issued its General Obligation Public Safety Center Bonds, Series 2008B (the "Prior Bonds "), dated August 6, 2008, in the original aggregate principal amount of $10,000,000, currently outstanding in the aggregate principal amount of $8,500,000, of which $8,250,000 in principal amount is subject to redemption on or after February 1, 2018. Pursuant to a resolution adopted by the City Council of the City on June 12, 2017 (the "Resolution "), the City has provided for the issuance of its General Obligation Refunding Bonds, Series 2017B (the "Refunding Bonds "), in the original aggregate principal amount of $ . On the date hereof, a portion of the proceeds of the Refunding Bonds will be deposited with the Escrow Agent to be used to defease, redeem, and prepay a portion of the Prior Bonds and to pay costs of issuance of the Refunding Bonds. 2. The City, in accordance with the Resolution, issued and sold the Refunding Bonds in the original aggregate principal amount of $ and has received proceeds of the Refunding Bonds in the amount of $ (par amount of the Refunding Bonds of $ , [plus original issue premium of $ ,] [less original issue discount of $ ,] less underwriter's discount of $ ). The City has deposited proceeds of the Refunding Bonds in the amount of $ to the Escrow Account (as defined herein), to be allocated as follows: (i) the amount of $ shall be invested in securities which are general obligations of the United States, securities whose principal and interest payments are guaranteed by the United States (the "Federal Securities "), as described in the schedule which is attached hereto, marked EXHIBIT A and made a part hereof, (ii) the amount of $ shall be an initial cash deposit in the Escrow Account and shall remain uninvested; (iii) the amount of $ shall be applied by the Escrow Agent to payment of costs of issuance as specified in paragraph 3 hereof, and (iv) $ shall be disbursed to the City on the date hereof for deposit to the Debt Service Fund established for the Refunding Bonds. The purchased securities and initial cash deposit will be irrevocably deposited with the Escrow Agent on the date of this Agreement. It is understood and agreed that the dates and amounts of payments of principal and interest due on the securities so deposited are as indicated in EXHIBIT B, and that the principal and interest payments due on such securities together with the initial cash deposit are such as to provide the funds required to pay the interest on the 2019 through 2038 maturities of the Prior Bonds to and including February 1, 2018 (the "Redemption Date ") and to pay the principal of the 2019 through 2038 maturities of the Prior Bonds on the Redemption Date, as stated in the Resolution. 3. The Escrow Agent acknowledges receipt of the Federal Securities described in paragraph 2 hereof and agrees that it will hold such securities in a special escrow account (the "Escrow Account ") created by the Resolution in the name of the City and will collect and receive on behalf of the City all payments of 500956v1 MNI CL162 -53 286 principal of and interest on such securities and will remit from the Escrow Account (i) to the paying agent for the Prior Bonds the funds required to pay the interest on the 2019 through 2038 maturities of the Prior Bonds to and including the Redemption Date; and (ii) to the paying agent for the Prior Bonds the funds needed for the redemption and prepayment of the outstanding principal amount of the 2019 through 2029 maturities of the Prior Bonds on the Redemption Date. After provision for payment of the principal of all remaining Prior Bonds, the Escrow Agent will remit any remaining funds in the Escrow Account to the City. Of the amounts deposited with the Escrow Agent, the sum of $ shall be used by the Escrow Agent for payment and disbursement of the costs of issuance of the Refunding Bonds as set forth in EXHIBIT C attached hereto. The Escrow Agent shall return the sum of $ to the City in the form of a check for deposit to the Debt Service Fund established for the Refunding Bonds. 4. In order to ensure continuing compliance with the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder (collectively, the "Code "), the Escrow Agent agrees that it will not reinvest any cash received in payment of the principal of and interest on the Federal Securities held in the Escrow Account. This prohibition on reinvestment shall continue unless and until an opinion is received by the Escrow Agent from nationally recognized bond counsel that reinvestments, as specified in said opinion, may be made in a manner consistent with the Code. Reinvestment, if any, of amounts in the Escrow Account made pursuant to this paragraph may be made only in direct obligations of the United States of America which mature prior to the next date on which either principal of or interest on the Prior Bonds is payable. 5. The Escrow Agent expressly waives any lien upon or claim against the moneys and investments in the Escrow Account. 6. If at any time it shall appear to the Escrow Agent that the money in the Escrow Account allocable for such use hereunder will not be sufficient to make any of the payments set forth in paragraph 3 due to the holders of any of the Prior Bonds, the Escrow Agent shall immediately notify the City. The City thereupon shall forthwith deposit in the Escrow Account from funds on hand and legally available to it such additional funds as may be required to meet fully the amount to become due and payable. The City acknowledges its obligation to levy ad valorem taxes on all taxable property in the City to the extent required to produce moneys necessary for this purpose. The City and the Escrow Agent acknowledge receipt of a verification report from Barthe & Wahrman P.A., Bloomington, Minnesota, certified public accountants, of even date herewith, to the effect that such cash and securities are sufficient to comply with the requirements of the Act. 7. The City will not repeal or amend the Resolution which calls the Prior Bonds for redemption on the Redemption Date. The Escrow Agent shall cause the Notice of Call for Redemption attached hereto as EXHIBIT D to be mailed not less than sixty (60) days prior to the Redemption Date of the Prior Bonds to the paying agent for the Prior Bonds for the purpose of giving notice not less than thirty (30) days prior to the Redemption Date to the registered owners of the Prior Bonds to be redeemed, at their addresses appearing in the bond register and also to the bank at which the principal of and interest on the Prior Bonds are then payable. 8. The Escrow Agent shall cause the Notice of Defeasance attached hereto as EXHIBIT E to be filed with the Municipal Securities Rulemaking Board within ten (10) business days of the issuance of the Refunding Bonds. 9. Within thirty (30) days of December 31 of each year the Escrow Account is outstanding, the Escrow Agent shall submit to the City a report covering all money it shall have received and all payments it shall have made or caused to be made hereunder during the preceding twelve months. Such report shall also 500956v1 MNI CL162 -53 2 287 list all obligations held in the Escrow Account and the amount of money on hand in the Escrow Account on the last day of December. 10. It is recognized that title to the Federal Securities and money held in the Escrow Account from time to time shall remain vested in the City but subject always to the prior charge and lien thereon of this Agreement and the use thereof required to be made by the provisions of this Agreement. The Escrow Agent shall hold all such money and obligations in a separate special escrow account wholly segregated from all other funds and securities of the Escrow Agent, and shall never commingle such money or securities with other money or securities. It is understood and agreed that the responsibility of the Escrow Agent under this Agreement is limited to the safekeeping and segregation of the funds and securities deposited with it in said escrow account, the collection of and accounting for the principal and interest payable with respect thereto, the reinvestment of certain funds in United States Treasury Obligations, State and Local Government Series with zero interest which are not being held as uninvested cash and the remittance of the funds to the paying agent as provided in this Agreement. 11. This Agreement is made by the City for the benefit of the holders of the Prior Bonds and is not revocable by the City, and the investments and other funds deposited in the Escrow Account and all income therefrom have been irrevocably appropriated for the payment of the principal amount of the 2019 through 2038 maturities of the Prior Bonds on the Redemption Date and the interest on the 2019 through 2038 maturities of the Prior Bonds to and including the Redemption Date. 12. This Agreement shall be binding upon and shall inure to the benefit of the City and the Escrow Agent and their respective successors and assigns. In addition, this Agreement shall constitute a third -party beneficiary contract for the benefit of the holders of the Prior Bonds and said third -party beneficiaries shall be entitled to enforce performance and observance by the City and the Escrow Agent of the respective agreements and covenants herein contained as fully and completely as if said third -party beneficiaries were parties hereto. Any bank into which the Escrow Agent may be merged or with which it may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City approves, be the successor agent without the execution of any document or the performance of any further act. 13. The Escrow Agent hereby certifies that it is a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation and whose capital and surplus is not less than $500,000. 14. The Escrow Agent may at any time resign and be discharged of its obligations hereunder by giving to the City Manager written notice of such resignation not less than sixty (60) days before the date when the same is to take effect, provided that the Escrow Agent shall return to the City the pro rata portion of its fee which is allocable to the period of time commencing on the effective date of such resignation. Such resignation shall take effect upon the date specified in the notice, or upon the appointment and qualification of a successor prior to that date. In the event of such resignation, a successor shall promptly be appointed by the City, and the City Manager shall immediately give written notice thereof to the predecessor escrow agent and publish the notice in the manner described in this paragraph 14. If, in a proper case, no appointment of a successor agent is made within forty -five (45) days after the receipt by the City of notice of such resignation, the Escrow Agent or the holder of any Prior Bond may apply to any court of competent jurisdiction to appoint a successor escrow agent, which appointment may be made by the court after such notice, if any, as the court may prescribe. Any successor escrow agent appointed hereunder shall execute, acknowledge and deliver to its predecessor escrow agent and to the City a written acceptance of such appointment, and shall thereupon without any further act, deed or conveyance become fully vested with all moneys, properties, duties and obligations of its predecessor, but the predecessor shall nevertheless pay over, transfer, assign and deliver all moneys, securities or other property held by it to the successor escrow agent, shall execute, 500956v1 MNI CL162 -53 3 288 acknowledge and deliver such instruments of conveyance and do such other things as may reasonably be required to vest and confirm more fully and certainly in the successor escrow agent all right, title and interest in and to any property held by it hereunder. Any bank into which the Escrow Agent may be merged or with which it may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City approves, be the successor escrow agent without the execution of any document or the performance of any further act. 15. The Escrow Agent acknowledges receipt of the sum of $ as its full compensation for its services to be performed under this Agreement. 16. The duties and obligations of the Escrow Agent shall be as prescribed by the provisions of this Agreement and the Escrow Agent shall not be liable hereunder except for failure to perform its duties and obligations as specifically set forth herein or to act in good faith in the performance thereof and no implied duties or obligations shall be incurred by the Escrow Agent other than those specified herein. 17. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed: If to the City: City of Columbia Heights 590 4061 Avenue NE Columbia Heights, MN 55421 Attention: City Manager If to the Escrow Agent: U.S. Bank National Association 60 Livingston Avenue EP- MN -WS3C St. Paul, MN 55107 -2292 Attention: Corporate Trust Services 18. The exhibits which are a part of this Agreement are as follows: EXHIBIT A Federal Securities EXHIBIT B Principal and Interest Payments on Federal Securities EXHIBIT C Costs of Issuance EXHIBIT D Notice of Call for Redemption EXHIBIT E Notice of Defeasance (The remainder of this page is intentionally left blank.) 500956v1 MNI CL162 -53 4 289 IN WITNESS WHEREOF the parties hereto have caused this Advance Refunding Escrow Agreement to be duly executed by their duly authorized officers, in counterparts, each of which is deemed to be an original agreement, as of the date and year first written above. CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its Mayor By Its City Manager Security Advice Waiver: The City acknowledges that to the extent regulations of the Comptroller of the Currency or any other regulatory entity grant the City the right to receive brokerage confu-mations of the security transactions as they occur, the City specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Agent will furnish the City with period cash transaction statements that include the detail for all investment transactions made by the Escrow Agent for all current and future accounts. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non - individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, and identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. (Signature page of the City to the Advance Refunding Escrow Agreement related to the City's General Obligation Public Safety Center Bonds, Series 2008B) 500956v MNI CL162 -s3 S -1 290 Execution page of the Escrow Agent to the Advance Refunding Escrow Agreement, dated as of the date and year first written above. U.S. BANK NATIONAL ASSOCIATION By Its Vice President (Signature page of the Escrow Agent to the Advance Refunding Escrow Agreement related to the City's General Obligation Public Safety Center Bonds, Series 2008B) 500956v1 MNI CLI62 -53 S -2 291 EXHIBIT A FEDERAL SECURITIES 500956v1 MNICLI62 -53 A -1 292 EXHIBIT B PRINCIPAL AND INTEREST PAYMENTS ON FEDERAL SECURITIES IC 500956v] MNI CLI62 -53 293 EXHIBIT C COSTS OF ISSUANCE Municipal Advisor Rating Agency Bond Counsel CPANerification Report Escrow Agent Paying Agent Anoka County TOTAL In addition to paying the above - referenced costs of issuance, the Escrow Agent shall return the amount of $ to the City for deposit to the Debt Service Fund established for the Refunding Bonds. 500956v] MNI CL162 -53 C -1 294 EXIIBIT D NOTICE OF CALL FOR REDEMPTION $10,000,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS SERIES 2008B NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Columbia Heights, Minnesota (the "City "), there have been called for redemption and prepayment on February 1, 2018 all outstanding bonds of the City designated as General Obligation Public Safety Center Bonds, Series 2008B (the "Bonds "), dated August 6, 2008, having stated maturity dates of February 1 in the years 2019 through 2038, both inclusive, totaling $8,250,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2019 $ 260,000 197684 NJ8 2020 270,000 197684 NK5 2021 285,000 197684 NL3 2022 295,000 197684 NMI 2023 310,000 197684 NN9 2024 320,000 197684 NP4 2026 685,000 197684 NRO 2028 755,000 197684 NT6 2030 830,000 197684 NV 1 2032 910,000 197684 NX7 2035 1,545,000 197684 PA5 2038 1,785,000 197684 PD9 The bonds are being called at a price of par plus accrued interest to February 1, 2018, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of Saint Paul, Minnesota, on or before February 1, 2018: U.S. Bank National Association Corporate Trust Services 111 Fillmore Avenue East St. Paul, MN 55107 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2003, the paying agent is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless the paying agent is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request 500956v1 MNICL162 -53 D -1 295 for Taxpayer Identification Number and Certification, Form W -9 (Rev. December 2011), will satisfy the requirements of this paragraph. Dated: BY ORDER OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By /s/ Walter R. Fehst City Manager City of Columbia Heights, Minnesota 500956v1 MNICLI62 -53 D -2 296 EXIHBIT E NOTICE OF DEFEASANCE $10,000,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS SERIES 2008B NOTICE IS HEREBY GIVEN to the holders of the above- described bonds (the "Bonds "), dated August 6, 2008, and maturing on February 1 of the years and amounts shown below, that U.S. Government Securities were deposited with U.S. Bank National Association, Saint Paul, Minnesota (the "Escrow Agent "), in an amount sufficient to defease the principal of the 2019 through 2038 maturities of such Bonds and pay the interest on the 2019 through 2038 maturities of the Bonds to and including the redemption date. The outstanding Bonds will be redeemed and prepaid in full on February 1, 2018, and are identified below by CUSIP number: Year of Maturity Amount CUSIP Number 2019 $ 260,000 197684 NJ8 2020 270,000 197684 NK5 2021 285,000 197684 NL3 2022 295,000 197684 NMI 2023 310,000 197684 NN9 2024 320,000 197684 NP4 2026 685,000 197684 NRO 2028 755,000 197684 NT6 2030 830,000 197684 NV1 2032 910,000 197684 NX7 2035 1,545,000 197684 PA5 2038 1,785,000 197684 PD9 Dated: .2017 U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent 500956v1 MNI CL162 -53 E -1 297 C,j COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEMS ITEM NO. 9A2 MEETING DATE JUNE 12, 2017 CITY OF COLUMBIA HEIGHTS - CITY COUNCIL ITEM: Economic Development Authority Tax Levy Increase DEPARTMENT: Community Development CITY MANAGER'S APPR VAL: Z, BY /DATE: Keith M. Dahl, June 7, 2017 BY /DATE:,/ BACKGROUND: On June 5, 2017, the Columbia Heights Economic Development Authority (the "EDA ") approved Resolution No. 2017 -14, an EDA resolution requesting a tax levy increase by the City of Columbia Heights (the "City ") for economic development purposes. Under State Statute Section 469.107, the City Council is authorized to levy a tax for the benefit of the EDA for economic development activities, in an amount no to exceed 0.01813 percent of the City's estimated market land value. Thus, the EDA is requesting that the City Council increase its EDA levy to $220,100 for taxes payable in 2018, which would be a tax levy increase of $136,100 from the taxes payable in 2017. Furthermore, State Statute requires a 30 -day reverse referendum period after City Council holds a public hearing, following two successive publications of the attached resolution 2017 -56 and the notice of public hearing. If the City receives a valid petition within the 30 -day period, resolution 2017 -56 will not take effect and an election will be held. A valid petition would be signed by voters equal to five percent (5 %) of the votes cast in the City's last general election and accompanied with a notice of public hearing. The following timeline explains the process for the City Council to increase the EDA levy payable in 2018: • June 12, 2017: City Council considers Resolution 2017 -56 stating the amount of EDA levy increase. • June 23, 2017: First Publication of Resolution 2017 -56 and the Notice of Public Hearing. • June 30, 2017: Second Publication of Resolution 2017 -56 and the Notice of Public Hearing. • July 10, 2017: City Council holds public hearing in City Council Chambers. • Aug. 9, 2017: End of 30 -day reverse referendum petition period. If no valid petition is received, Resolution 2017 -56 would be approved as presented. Please Note: If a valid petition is received, an election may be held by the City to determine if the EDA tax levy will increase. STAFF RECOMMENDATION: Staff recommends approval of Resolution 2017 -56 as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2017 -56, there being ample copies available to the public. Motion: Move to approve Resolution No. 2017 -56, a resolution authorizing a tax levy increase by the City for economic development purposes. ATTACHMENTS: I. Resolution 2017 -56 (3 Pages) 2. EDA Resolution 2017 -14 ( 1 Page) CC Letter 298 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2017-56 RESOLUTION AUTHORIZING A TAX LEVY INCREASE BY THE CITY FOR ECONOMIC DEVELOPMENT PURPOSES. BE IT RESOLVED, By the City Council ( "Council ") of the City of Columbia Heights (the "City ") as follows: WHEREAS, the City established the Columbia Heights Economic Development Authority (the "Authority ") by an enabling resolution adopted on January 8, 1996, pursuant to Minnesota Statutes 469.090 to 469.1081 (the "EDA Act "); and WHEREAS, the Council has given to the Authority the responsibility for all economic development and redevelopment projects and programs; and WHEREAS, under Section 469.107 of the EDA Act, the City is authorized to levy a tax for the benefit of the Authority, in an amount not to exceed 0.01813 percent of the City's estimated market value (the "EDA Levy "); and WHEREAS, the City currently levies an EDA Levy of 0.01813 percent of the City's estimated market value, or $84,000, as authorized by the EDA Act; and WHEREAS, the City is authorized to increase its EDA Levy beyond the statutory cap as provided in Section 469.107, subd. 2 of the EDA Act, upon the request of the Authority; and WHEREAS, the Authority has requested that the City increase its EDA Levy to $220,100 for taxes payable in 2018, in order to better serve the Authority's economic development activities within the City, representing an increase of $136,100. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, as follows: 1. The request by the Authority for an increase in the City's EDA Levy in the amount of $136,100 for taxes payable in 2018, for a total EDA Levy of $220,100, is hereby approved, subject to publication of this Resolution along with a notice of public hearing on this Resolution in substantially the form attached as Exhibit A (the "Notice ") for two successive weeks in the official newspaper of the City, and the holding of a public hearing on the proposed increase between two and four weeks after first publication of this Resolution and the Notice. 2. This resolution will not take effect if a petition requesting a referendum on this Resolution, signed by voters equaling five percent of the votes cast in the City in the last general election, is filed with the City Clerk within 30 days of publication of this Resolution. 3. City staff is authorized and directed to publish this Resolution, along with the Notice, in the official newspaper of the City as soon as practicable. 501094v1 MNI CL205 -3 299 Approved by the City Council of the City of Columbia Heights, Minnesota this 12th day of June, 2017. Mayor Attest: City Clerk 501094v] MNI CL205 -3 300 EXHIBIT A NOTICE OF PUBLIC HEARING COLUMBIA HEIGHTS, MINNESOTA ANOKA COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Columbia Heights, Minnesota (the "City "), will hold a public hearing on July 10, 2017, at or after 7:00 p.m. at the City Council Chambers in City Hall, 590 40t" Avenue Nl�, Columbia Heights, Minnesota, relating to a proposed increase in the City's tax levy for economic development purposes under Minnesota Statutes, Section 469.107, subdivision 2 (the "EDA Levy Increase "). The proposed amount of the EDA Levy Increase is $136,100 for taxes payable in 2018, for a total EDA Levy of $220,100. The purpose of the EDA Levy Increase is to provide funds for additional economic development activities of the City's Economic Development Authority. If a petition requesting a vote on the EDA Levy Increase, signed by voters equal to five percent (5 %) of the votes cast in the City in the last general election, is filed with the City Clerk within 30 days after the first publication of the resolution accompanying this Notice (i.e., by June _, 2017), the City may approve the EDA Levy Increase only after obtaining approval of a majority of voters voting on the question at an election. All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. Dated: _[date of publication] BY ORDER OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA /s/ Walter Fehst City Manager 5010940 MNI CL205 -3 301 RESOLUTION NO. 2017 -14 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, REQUESTING A TAX LEVY INCREASE BY THE CITY OF COLUMBIA HEIGHTS FOR ECONOMIC DEVELOPMENT PURPOSES. BE IT RESOLVED, By the Columbia Heights Economic Development Authority (the "EDA ") as follows: WHEREAS, the City of Columbia Heights (the "City ") established the Columbia Heights Economic Development Authority by an enabling resolution adopted on January 8, 1996, pursuant to Minnesota Statutes 469.090 to 469.1081 (the "EDA Act "); and WHEREAS, the City Council of the City has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, under Section 469.107 of the EDA Act, the City is authorized to levy a tax for the benefit of the Authority, in an amount not to exceed 0.01813 percent of the City's estimated market value (the "EDA Levy "); and WHEREAS, the City currently levies an EDA Levy that is less of the 0.01813 percent of the City's estimated market value as authorized by the EDA Act; and WHEREAS, the City is authorized to increase its EDA Levy to the statutory cap as provided in Section 469.107, subd. 2 of the EDA Act, upon the request of the EDA; and WHEREAS, the EDA desires that the City increase its EDA Levy to $220,100 for taxes payable in 2018, in order to better serve the EDA's economic development activities within the City. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Columbia Heights Economic Development Authority, that the EDA request the City's approval of an increase of its EDA Levy to the amount of $220,100 for taxes payable in 2018, after a duly noticed public hearing as provided in the EDA Act; and BE IT FURTHER RESOLVED, that the Executive Director is instructed to transmit a copy of this resolution to the City Manager, Finance Director, and City Clerk of the City of Columbia Heights, Minnesota. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this day of 12017 Offered by: Seconded by: Roll Call: President Attest: Assistant Secretary Resolution 2017 -14 302