HomeMy WebLinkAbout11-27-2017 CCPColumbia
Heights
All-America city
2016
CALL TO ORDER /ROLL CALL
2. INVOCATION
CH COLUMBIA
HEIGHTS
www.coIumbiaheightsmn.gov
AGENDA
CITY COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
590 40" AVE NE
MONDAY, NOVEMBER 27, 2017
7:00 PM
Invocation provided by Linda McCollough, Community United Methodist Church
3. PLEDGE OF ALLEGIANCE
4. MISSION STATEMENT
Mayor
Donna Schmitt
Councilmembers
Robert Williams
John Murzyn, Jr.
Connie Buesgens
Nick Novitsky
City Manager
Walter R. Fehst
Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful
and professional manner that effectively address changing citizen and community needs
in a fiscally - responsible manner.
5. APPROVAL OF AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
7. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up
as the next order of business.)
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of November 13, 2017 pg 4
MOTION: Move to approve the minutes of the City Council Work Session, November 6, 2017 pg 20
MOTION: Move to approve the minutes of the City Council Work Session, October 23, 2017 pg 23
B. Consideration of adoption of the City of Columbia Heights Fee Schedule pg 25
MOTION: Move to wave the reading of Resolution No. 2017 -125, there being ample copies available to the
public.
MOTION: Motion to adopt Resolution No. 2017 -125, approving the 2018 City wide Fee Schedule.
C. Consideration of Joint Powers Agreement with Anoka County for Assessment Services pg 43
MOTION: Move to approve the Joint Powers Agreement with Anoka County for assessment services,
effective January 16, 2018 through January 15, 2023, and to authorize the Mayor and City Manager to
execute the agreement.
D. Consideration of Resolution 2017 -127 commencing the Comcast Franchise Renewal Process pg 47
MOTION: Move to wave the reading of Resolution No. 2017 -127, there being ample copies available to the
public.
MOTION: Motion to adopt Resolution No. 2017 -127, concerning the commencement of renewal
proceedings under the Federal Cable Communications Policy Act of 1984, as amended.
E. Consideration of Resolution 2017 -128 Entering into a Contract with Medica for Employee Health
Insurance pg 54
MOTION: Move to wave the reading of Resolution No. 2017 -128, there being ample copies available to the
public.
MOTION: Motion to adopt Resolution No. 2017 -128, entering into a contract with Medica for employee
health insurance coverage for January 1, 2018 through December 31, 2018 and authorizing the City
Manager to sign the contract once it is received.
F. Transfer of Funds to Fire Department 2017 Budget. pg 58
MOTION: Move to waive the reading of Resolution No. 2017 -121, there being ample copies available to
the public.
MOTION: Motion to adopt Resolution 2017 -121, being a Resolution amending the 2017 Fire Department
budget.
G. Consideration of approval of attached list of rental housing applications. pg 61
MOTION: Move to approve the items listed for rental housing license applications for November 27, 2017,
in that they have met the requirements of the Property Maintenance Code.
H. Approve Business License Applications pg 65
MOTION: Move to approve the items as listed on the business license agenda for November 27, 2017
I. Payment of Bills pg 68
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has
received the list of claims paid covering check 168187 through 168277 in the amount of $ 376,785.75
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS
A. Consideration of approval of an eight (8) -month provisional license to operate a rental unit within
the City of Columbia Heights is requested for the rental property at 1030 Polk Place NE. pg 74
MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2017 -122,
being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2017 -122, being a Resolution of the City Council of the City
of Columbia Heights approving an eight (8) -month provisional license to operate a rental unit pursuant to
City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed.
B. Consideration of revocation of the licenses to operate rental units within the City of Columbia pg 77
Heights is requested against the rental properties at 3969 Reservoir Blvd. NE and 4330 Washington
Street NE for failure to meet the requirements of the Residential Maintenance Codes.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2017 -123 and
2017 -124, being ample copies available to the public.
2
MOTION: Move to adopt Resolution Numbers 2017 -123 and 2017 -124, being Resolutions 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 licenses listed.
C. First Reading of Ordinance 1643 Amending Chapter 2, Section 7 pertaining to Elective Offices pg 82
MOTION: Move to waive the reading of the Ordinance No. 1643, there being ample copies available to
the public.
MOTION: Move to schedule the second reading of Ordinance No.1643, being an ordinance amending
Chapter 2, Section 7 of the City's Charter pertaining to elective Offices for December 11, 2017 at
approximately 7:00 p.m. in the City Hall Council Chambers.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
pg 84
a. Approval Consideration of the Development Contract for Grand Central Flats
MOTION: Move to waive the reading of Resolution 2017 -126, there being ample copies available to the
public.
MOTION: Move to approve Resolution No. 2017 -126, a resolution of the City Council for the City of
Columbia Heights, Minnesota, approving the Development Contract for the Grand Central Flats Project by
and between the City of Columbia Heights and the Columbia Heights Leased Housing Associates III, LLLP.
B. Bid Considerations
C. New Business and Reports
10. CITY COUNCIL AND ADMINISTRATIVE REPORTS
11. COMMUNITY FORUM
At this time, individuals may address the City Council about any item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form for the Council
Secretary's record, and limit their comments to five minutes. Individuals are asked to state their name for
the record. The City Council will listen to the brief remarks, ask clarifying questions, and if needed,
request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City
Council will not take official action on items raised at the Community Forum at the meeting in which they
are raised.
12. ADJOURNMENT
N
Walt Fehst, City Manager
Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in
advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno @columN heightsmn.gov, to make arrangements.
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
NOVEMBER 13, 2017
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday
November 13, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota
1. CALL TO ORDER /ROLL CALL
Mayor Schmitt called the meeting to order at 7:03 p.m.
Present: Mayor Schmitt, Councilmember Williams, Councilmember Buesgens, Councilmember Murzyn, Jr.
and Councilmember Novitsky
Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director, Gary
Gorman; Fire Chief, Keith Dahl; Economic Development Manager, Elizabeth Holmbeck; City Planner and Katie
Bruno; City Clerk /Council Secretary
2. INVOCATION
Invocation provided by Rachel James, First Lutheran
3. PLEDGE OF ALLEGIANCE
4. MISSION STATEMENT, Read by Mayor Schmitt.
Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and
professional manner that effectively address changing citizen and community needs in a fiscally - responsible
and customer friendly manner.
S. APPROVAL OF AGENDA
Mayor Schmitt announced item 8A will be removed; the landlord has canceled the appeal.
Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve the agenda as
amended. All Ayes, Motion Carried.
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
7. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of
business.)
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of October 23, 2017
B. Accept Board & Commission Meeting Minutes
MOTION: Move to accept the Planning & Zoning minutes from the October 3, 2017 meeting
MOTION: Move to accept the Library Board minutes from the October 4, 2017 meeting
MOTION: Move to accept the EDA minutes from the October 9, 2017 meeting
MOTION: Move to accept the Traffic commission minutes from the February 6, 2017 meeting
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November 13, 2017
Page 2 of 16
MOTION: Move to accept the Charter Commission minutes from the July 20, 2017 meeting
MOTION: Move to accept the Park & Recreation Commission minutes from the July 26, 2017 meeting
C. Consideration of a resolution canceling the City Of Columbia Heights regular City Council
Meeting scheduled for Monday December 25, 2017
MOTION: Move to waive the reading of Resolution No. 2017 -117, there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2017 -117, being a Resolution canceling the City Council meeting
scheduled for December 25, 2017
D. Approve membership renewal for one year with the League of MN Cities
MOTION: Move to approve membership renewal for one year with League of MN Cities for $16,980.
E. Resolution 2017 -115 amending Resolution 2016 -99, to transfer funding authority for
certain comprehensive plan activities from Fund 226 Special Projects to Fund 420 Redevelopment.
MOTION: Move to waive the reading of Resolution 2017 -115, there being ample copies available to
the public.
MOTION: Move to adopt resolution 2017 -115 amending resolution 2016 -99, to transfer funding
authority for certain comprehensive plan activities from Fund 226 Special Projects to Fund 420
Redevelopment.
F. Final payment to Park Construction Company for 2015 Street Rehabilitation — Zone 1
and State Aid Street Overlay, Projects 1502 and 1505
MOTION: Move to accept the work for 2015 Street Rehabilitation Zone 1 and 2015 State Aid Street
Overlay, City Project Numbers 1502 and 1505, and authorize final payment of $8,738.65 to Park
Construction Company of Minneapolis, Minnesota.
G. Final payment to St. Paul Utilities, Inc. For water and sanitary services for Library
building, Project No. 1410
MOTION: Move to accept the utility work for the new Columbia Heights Public Library, Project No.
1410, and authorize final payment of $6,239.00 to St. Paul Utilities, Inc. of Little Canada, Minnesota.
H. Approve the Sale of 1985 Ford Fire Pumper to Atwater Fire Department
MOTION: Move to approve the sale of the 1985 Ford fire pumper, as is, to the Atwater Fire
Department for the sum of $7000.00.
I. Approval Consideration for the Issuance of Multifamily Housing Revenue Bonds
MOTION: Move to waive the reading of Resolution 2017 -119, there being ample copies available to
the public.
MOTION: Move to approve Resolution No. 2017 -119, a resolution providing final authorization for the
issuance of revenue bonds or other obligations under Minnesota Statutes, Chapter 462C, as amended,
to finance the costs of a multifamily housing development; approving the forms of and authorizing
the execution and delivery of the obligations and related documents; providing for the security,
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November 13, 2017
Page 3 of 16
rights, and remedies with respect to the obligations; and taking certain other actions.
J. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for November 13, 2017.
K. 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 167928 through 168186 in the amount of
$1,249,649.09.
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to approve the Consent
Agenda items as presented. All Ayes, Motion carried.
8. PUBLIC HEARINGS
A. Repeat Service call Service Fee Appeal; 940 39th Ave NE. *REMOVED
B. Adopt Resolution For Emergency Abatement, 4329 Main St NE
Fire Chief Gary Gorman indicated a family member of the owner continues to access the property
unlawfully. Staff repeatedly secures the property. Because of this ongoing issue, Gorman requested an
on -going abatement approval be granted. Councilmember Buesgens asked if there is a better way to
secure the property. Gorman indicated there are, although it would be very costly.
City Attorney Jim Hoeft clarified that an ongoing approval can be granted, if the type of abatement does
not change. Going forward the Fire Department will continue to secure the property under their existing
authority.
Mayor Schmitt suggested flyers be distributed, and encouraged neighbors to alert the Police Department
of suspicious activity at the property.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to close the public hearing
and to waive the reading of Resolutions 2017 -118 and 2017 -120, there being ample copies available to
the public. All Ayes, Motion carried.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution
Number 2017 -118, being resolution of the City Council of the City of Columbia Heights declaring the
property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from
the property pursuant to City Code section 8.206. All Ayes, Motion carried.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution
Number 2017 -120, being resolution of the City Council of the City of Columbia Heights declaring the
property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from
the property pursuant to City Code section 8.206. All Ayes, Motion carried.
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November 13, 2017
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C. Resolution No. 2017 -116, a Conditional Use Permit for assembly, manufacturing and /or processing
on the property located at 230137 th PL. NE.
City Planner Elizabeth Holmbeck reported Akaku's Brew has requested a Conditional Use Permit to allow
for processing of Daadhii, a traditional Honey Wine. The applicant is proposing to lease the westernmost
vacant tenant space of the strip center. Assembly, manufacturing and /or processing require a
Conditional Use Permit in the General Business Zoning District. Akaku's Brew has been produced locally
for over 20 years. While the wine has currently been made in small batches at the applicant's home, they
wish to expand their production and would like to start a small processing facility. On November 8th,
2017 the Columbia Heights Planning and Zoning Commission held a public hearing to consider a
recommendation on the application. At the meeting there were no members of the public present with
any questions or concerns about the application. The Planning and Zoning Commission voted
unanimously to approve the Conditional Use Permit.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of
Resolution No. 2017 -116, there being ample copies available to the public. All Ayes, Motion carried.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve Resolution No.
2017 -116, being a resolution approving a Conditional Use Permit subject to certain conditions of approval.
All Ayes, Motion carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
a. HVAC Maintenance Proposals
Public Works Director, Kevin Hansen reported our current HVAC contract comes due December 31, 2017.
An RFP was prepared to include preventive maintenance services on all City buildings and to provide rates
for emergency service on a time and materials basis. Five RFP's were sent out, our current contractor;
Horwitz NSI and Yale Mechanical were considered. The proposal from Horwitz NSI dropped about $9,000
from the 2017 rates.
Mayor Schmitt questioned if the new buildings influenced the drop in price. Hansen indicated that while the
building and equipment are new at the library; the facility requires a higher level of service.
Councilmember Williams asked if the lighting problem at the library has been resolved. Hansen indicated
the drivers in the LED pendant are failing, and the manufacturer will be installing new drivers.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to accept the bid for HVAC
Preventive Maintenance Services from Horwitz for City facilities, based upon their low, qualified, responsible
bid and, furthermore, to authorize the Mayor and City Manager to enter into a 3 -year contract for the same.
All Ayes, Motion carried.
b. Solar Gardens
Public Works Director, Kevin Hansen reported solar energy in the city was discussed in 2015. Solar power is
now on four city buildings. Hansen explained a consortium of government entities that included 31 cities formed
to evaluate community solar gardens in the metro area. In July of 2015 the consortium formed a lottery for solar
garden subscriptions led by the Metropolitan Council, Hennepin County, Ramsey County, and the City of
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November 13, 2017
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Minneapolis. The City of Columbia Heights was awarded (4) 200kW subscriptions with two different developers,
400kw with US Solar and 400kw with Geronimo Energy. Both subscriptions were for 25 years with no renewal and
require a Letter of Intent. New Energy Equity offered the city a solar garden subscription with a flat rate
subscription of $0.113, with no escalator. This means that we would pay the same monthly rate throughout the 25
year contract to the developer. Depending on Xcel Energy rate increases, the City could save $600,000 to $900,000
over the 25 year period. This subscription offers a higher rate of savings to the City over time.
Mayor Schmitt asked where the gardens are located. Greg Ackerson, representing Apex Engineering Solutions
indicated the gardens are in Lindstrom, North Branch and Scandia. Councilmember Buesgens questioned the
highest percentage of our use for solar in the future. Ackerson indicated about 70 -80% of the total municipal
electric consumption will be from solar panels.
Mayor Schmitt questioned what happens if the company defaults. Hansen indicated there no cost to enter
into the agreement, and we would return to paying Xcel Energy.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to sign a Letter of Intent for
entering into a 25 year contract with New Energy Equity of Annapolis, MD for a flat rate subscription and
authorize the Mayor and City Manager to enter into an agreement for the same. All Ayes, Motion carried.
B. Bid Considerations
C. New Business and Reports
10. CITY COUNCIL AND ADMINISTRATIVE REPORTS
Councilmember Buesgens attended the Charter Commission meeting, the Park & Recreation Commission
meeting, cleaned up the Lions Park garden, assisted with the HeightsNext Haunted House, attended the Police
Department luncheon, and the MWMO meeting.
Councilmember Williams reported the library will be celebrating 90 years. Williams commented on the recent
failed School Board Referendum, stating he sees a need in the district.
Councilmember Murzyn, Jr. attended the Planning & Zoning Commission meeting. Murzyn shared that retired
paid on call Firefighter Bob Davidson has passed away.
Councilmember Novitsky attended the Harvest Fest, the Police Department luncheon and the Traffic
Commission meeting.
Mayor Schmitt hosted a bag lunch for the local faith community leaders, City Manager Fehst also attended.
Schmitt suggested community members look for ways to help the school district, noting that although the
referendum did not pass, the district needs to go on.
The Mayor announced Lenny Austin accepted to position of Police Chief, and he was officially sworn in earlier
in the day. A formal swearing in will take place at a later date. Condolences were extended to the family of
Columbia Heights resident Nick Dickson, who recently passed away. Schmitt announced applications are
being accepted for a new Art Committee at the Library through December 5th. Councilmember Williams
suggested the city support the committee.
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City Manager Walt Fehst announced the Taste of Columbia Heights is Friday, November 17th at 6:00 PM.
Manager Fehst announced Coffee with a Cop will take place on November 14th at the library, noting there is
currently an interesting photograph display at the library.
City Attorney Jim Hoeft commented that Lenny Austin is an excellent choice for Police Chief.
11. CITIZENS FORUM
Malcom Watson -1717 49th Ave NE stated it is important to support all levels of government leaders, and
thanked the council for their service.
Rachel James -4448 Tyler St NE invited community participation in our schools through "Big Brothers/
Big Sisters" and "Sheridan Story ". The next "Stories from Our Neighbors" will be on November 14th at First
Lutheran Church.
Arfasse Armada -A resident of Northeast Minneapolis indicated she could assist the School District with future
referendum efforts.
12. ADJOURNMENT
Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to adjourn. All Ayes, Motion
carried, Motion Carried.
Meeting adjourned at 8:12 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2017 -115
A resolution of the City Council for the City of Columbia Heights, Minnesota, amending resolution 2016 -99, to
transfer funding authority for certain comprehensive plan activities from Fund 226 Special Projects to Fund
420 Redevelopment.
Whereas, the City Council for the City of Columbia Heights adopted resolution 2016 -99 to appropriate
$100,000 within Fund 226 Special Projects to fund certain comprehensive plan activities; and
Whereas, the City has subsequently determined that segregating the accounting of this activity from the other
activities within Fund 226 Special Projects would clarify and improve the City's financial reporting;
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:
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November 13, 2017
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ORDER OF COUNCIL
IT IS HEREBY RESOLVED, that the City of Columbia Heights amends resolution 2016 -99, to transfer $100,000 of
budget authority and fund balance for certain comprehensive plan activities from Fund 226 Special Projects to
Fund 420 Redevelopment.
RESOLUTION NO. 2017 -116
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use
Permit for assembly, manufacturing, and /or processing on the property located at 2301 27th PI. Ne., Columbia
Heights, MN 55421.
Whereas, a proposal (Case # 2017 -1101) has been submitted by Gammada Urgessa on behalf of Akaku's Brew
to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site:
ADDRESS: (PIN 36- 30- 24 -44- 0012), known as 2301 27th PI. Ne., Columbia Heights, MN 55421.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.110 (E) (3) (1), to allow
for assembly, manufacturing, and /or processing on the property located at 2301 27th PI. Ne., Columbia
Heights, MN 55421.
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on
November 8th, 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.
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(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.
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. All required state, county and local codes shall be met and in full compliance.
2. The applicant must obtain necessary approvals from the Metropolitan Council (Sewer Accessibility
Charge), the State of Minnesota Department of Agriculture and /or Minnesota Department of Health and /or
Anoka County Health Department. The applicant will submit a copy of all necessary permits and allowances,
prior to operation on the subject property.
3. All storage of waste material shall be located and screened in a manner consistent with the Zoning
Ordinance. The applicant will submit a plan to the City Planner which shows how the trash receptacles will be
screened.
4. The interior finish work is to be completed with review by the City's Building Official and if required,
permits must be submitted to the Building Inspections Department.
5. If the tenant ever wishes to expand within the building, plans must be submitted to the Building Official
for review and compliance with Building and Fire Code. Currently the applicant is proposing to occupy 1,500
sq. ft. of space in the building (commercial strip center). Occupying over 2,000 sq. ft. of space within the
building would require a fire suppression system to be installed in the entire building.
6. All signage is issued administratively. Any signage for the business must be submitted to the Community
Development Department to be reviewed and approved by the City Planner.
7. All production operations shall be within a completely enclosed structure (within the tenant space as
outlined on the attached site plan).
8. By- products and waste from the production of the wine shall be properly disposed in an enclosed
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container.
9. 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 (6) feet in height. The open side of the enclosure shall not face any public street
or the front yard of any adjacent property.
10. No retail sales or sampling of any alcoholic beverage shall take place on the premise (tenant space).
11. Deliveries shall be limited to occur between the hours of 8:00 AM -8:00 PM, Monday- Saturday, and 10:00
AM -6:00 PM on Sunday.
12. If the nature of the assembly, manufacturing, and /or processing use changes (currently wine production),
the property owner shall apply to have the Conditional Use Permit amended.
RESOLUTION NO. 2017 -117
A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING
SCHEDULED FOR MONDAY DECEMBER 25, 2017
WHEREAS: The City of Columbia Heights has historically cancelled the second meeting in December; and
WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday,
December 25, 2017
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change.
RESOLUTION 2017 -118
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.
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 October 27, 2017 the City of Columbia Heights responded to a complaint at the address listed
above. Inspection determined that the structure was damaged, open, and unsecured.
2. That on October 27, 2017 the Fire Chief had his designee order 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.
IN
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2. That the emergency abatement of the hazardous situation located at 4329 Main Street N.E. is hereby
approved.
ORDER OF COUNCIL
The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code.
CITY OF COLUMBIA HEIGHTS, MINNESOTA
RESOLUTION NO. 2017 -119
PROVIDING FINAL AUTHORIZATION FOR THE ISSUANCE OF REVENUE BONDS OR OTHER OBLIGATIONS UNDER
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, TO FINANCE THE COSTS OF A MULTIFAMILY HOUSING
DEVELOPMENT; APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
OBLIGATIONS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH
RESPECT TO THE OBLIGATIONS; AND TAKING CERTAIN OTHER ACTIONS
BE IT RESOLVED by the City Council (the "Council ") of the City of Columbia Heights, Minnesota (the "City" or
the "Issuer "), as follows:
Section 1. Recitals.
1.01. The City is a home rule charter city duly organized and existing under its Charter and the Constitution
and laws of the State of Minnesota.
1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Housing Act "), the Issuer is
authorized to carry out the public purposes described in the Housing Act by providing for the issuance of
revenue bonds or other obligations to finance or refinance multifamily housing developments located within
the City. As a condition to the issuance of revenue bonds or other obligations under the Housing Act, the
Issuer must prepare and adopt a housing program providing the information required by Section 462C.03,
subdivision 1a of the Housing Act after a public hearing.
1.03. The public hearing must be held in accordance with the requirements of Section 147(f) of the Internal
Revenue Code of 1986, as amended (the "Code "), and the regulations promulgated thereunder (the
"Regulations "), and the requirements of the Housing Act. Section 147(f) of the Code requires a public hearing
duly noticed to be held by the Council on the proposed issuance of revenue bonds or other obligations and the
location and nature of the proposed facility to be financed. Section 462C.04, subdivision 2 of the Housing Act
requires a public hearing to be held on the housing program after one publication of notice in a newspaper
circulating generally in the City, at least fifteen (15) days before the hearing. Section 462C.04, subdivision 2 of
the Housing Act further requires that on or before the day on which the notice of public hearing is published,
the Issuer submit a housing program to the Metropolitan Council for its review and comment as to whether
such housing program furthers local and regional housing policies.
1.04. The Council may grant approval to the issuance of revenue bonds or other obligations to finance the
multifamily housing development referred to in a housing program, and may authorize the submission of an
application to the State of Minnesota Department of Management and Budget ( "MMB ") for an allocation of
bonding authority with respect to such revenue bonds or other obligations to finance the Project (as
hereinafter defined) in accordance with the requirements of Section 146 of the Code and Minnesota Statutes,
Chapter 474A, as amended (the "Allocation Act ").
1.05. On June 26, 2017, following a duly noticed public hearing, the Council adopted Resolution No. 2017-
71 (the "Preliminary Resolution ") under the terms of which the Council, among other things: (i) granted
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November 13, 2017
Page 11 of 16
preliminary approval to the issuance of multifamily housing revenue bonds or other obligations (the
"Obligations "), in the aggregate principal amount not to exceed $45,000,000, under the terms of the Housing
Act for the benefit of Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability
limited partnership (the "Borrower ") to finance the acquisition, construction, and equipping of a multifamily
housing facility comprised of up to 190 affordable rental apartments to be located in two four -story buildings,
together with related common amenity spaces, including a fitness facility, a club room, and 140 or more
underground parking spaces and an additional 130 or more surface parking spaces, to be located at 1069
Grandview Court NE and 4729 Grand Avenue NE in the City (the "Project "); (ii) adopted a housing program
providing the information required by Section 462C.03, subdivision 1a of the Housing Act (the "Housing
Program ") with respect to the Project; (iii) authorized the submission of an application for an allocation of
bonding authority of the State of Minnesota pursuant to Section 146 of the Code and in accordance with the
requirements of the Allocation Act; and (iv) stated the official intent of the Issuer to reimburse the Borrower
for expenditures made for costs of the Project from the proceeds of tax - exempt bonds or other obligations
under Section 1.150 -2 of the Regulations.
1.06. The Project is now proposed to include 148 units, with 134 underground parking spaces and an
additional 88 surface parking spaces.
1.07. The Preliminary Resolution constitutes a reimbursement resolution and an official intent of the Issuer
to reimburse expenditures with respect to the Project from the proceeds of tax - exempt revenue obligations in
accordance with the provisions of Section 1.150 -2 of the Regulations.
1.08. In accordance with the requirements of Section 462C.04, subdivision 2 of the Housing Act, the
Housing Program was submitted to the Metropolitan Council for its review and comments. The City received a
letter from the Metropolitan Council providing its comments to the Housing Program and the Project.
1.09. In accordance with the authority granted under the Preliminary Resolution, the Issuer, in cooperation
with the Borrower, submitted an application for an allocation of bonding authority to MMB. The Issuer
received Certificate of Allocation No. 315, dated August 4, 2017 (the "Allocation Certificate "), from MMB
allocating bonding authority to the Issuer in the amount of $20,060,719.
1.10. The Borrower has requested that the Issuer issue the Obligations, in the aggregate principal amount
not to exceed $20,060,719 (representing the amount of bonding authority allocated to the Issuer pursuant to
the Allocation Certificate), to be designated as: (i) Multifamily Housing Revenue Funding Note (Grand Central
Flats Project), Series 2017A (the "Series A Funding Note "); and (ii) Taxable Multifamily Housing Revenue
Funding Note (Grand Central Flats Project), Series 2017B (the "Series B Funding Note" and together with the
Series A Funding Note, the "Funding Notes "),
1.11. With respect to the Funding Notes, there have been presented before the Council (i) a form of
Funding Loan Agreement (the "Funding Loan Agreement ") proposed to be entered into by and among
Citibank, N.A., a national banking association, or another financial institution selected by the Borrower (the
"Funding Lender "), the City, and U.S. Bank National Association, a national banking association, or another
financial institution selected by the Borrower (the "Fiscal Agent "), pursuant to which the Funding Notes are
proposed to be issued; (ii) a form of Borrower Loan Agreement proposed to be entered into by and between
the City and the Borrower, pursuant to which the City will loan the proceeds of the Funding Notes to the
Borrower; and (iii) a form of Regulatory Agreement (the "Regulatory Agreement ") proposed to be entered into
between the City, the Fiscal Agent, and the Borrower, pursuant to which certain rental and occupancy
restrictions will be imposed on the Project.
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Section 2. Findings, Determinations, and Declarations. Based on representations made by the Borrower to
the Issuer to date, the Council hereby makes the following findings, determinations, and declarations:
2.01. The Project constitutes a "qualified residential rental project" within the meaning of Section 142(d)
of the Code, and a "multifamily housing development" authorized by the Housing Act, and furthers the
purposes of the Housing Act. The purpose of the Project is, and the effect thereof will be, to promote the
public welfare by the acquisition and construction of a facility for use as a multifamily housing development
designed primarily for occupancy by persons of low and moderate income.
2.02. The Issuer hereby authorizes the Borrower, in accordance with the provisions of the Housing Act and
subject to the terms and conditions imposed by the Funding Lender (as hereinafter defined), to provide for the
development of the Project and the payment of the costs of the Project by such means as shall be available to
the Borrower and in the manner determined by the Borrower.
Section 3. Ratification of Submission of Housing Program. The Housing Program adopted pursuant to the
Preliminary Resolution and submission thereof to the Metropolitan Council for its review and comment is
hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things and
take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with
the Housing Act and any other applicable laws and regulations. Pursuant to the Housing Program, one
hundred percent (100 %) of the housing units within the Project will be held for occupancy by families or
individuals with gross income not in excess of sixty percent (60 %) of median family income, adjusted for family
size.
Section 4. Ratification of Submission of Application for Allocation of Bonding Authority. The submission of an
application for an allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act is
hereby ratified, confirmed, and approved.
Section 5. Authorization to Issue the Funding Notes; Approving the Forms of and Authorizing the Execution
and Delivery of the Funding Notes and Related Documents; Providing for the Security Rights, and Remedies
with Respect to the Funding Notes.
5.01There is hereby authorized the issuance, sale, and delivery of the Funding Notes, in the aggregate
principal amount not to exceed $20,060,719, for the following purposes: (i) the acquisition, construction and
equipping of the Project; (ii) the funding of one or more reserve funds to secure the timely payment of the
Funding Notes; (iii) the payment of interest on the Funding Notes during the construction of the Project; and
(iv) the payment of the costs of issuance with respect to the Funding Notes. The Funding Notes shall bear
interest at the rate or rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in
the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such forms, and
shall have such other terms, details, and provisions as are prescribed in the Funding Loan Agreement,
substantially in the form now on file with the Issuer, with necessary and appropriate variations, omissions, and
insertions (including changes to the titles of the Funding Notes as deemed appropriate, and changes to the
aggregate principal amounts of the Funding Notes, the stated maturities of the Funding Notes, the interest
rates on the Funding Notes and the terms of redemption of the Funding Notes) as the Mayor and the City
Manager (together the "City Officials "), in their discretion, shall determine. The execution of the Funding
Notes with the manual or facsimile signatures of the City Officials and the delivery of the Funding Notes by the
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November 13, 2017
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Issuer shall be conclusive evidence of such determination. All of the provisions of the Funding Notes, when
executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent
as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof.
5.02The Issuer hereby authorizes the Series A Funding Note to be issued as a "tax- exempt bond," the interest
on which is not includable in gross income for federal and State of Minnesota income tax purposes. The
Funding Notes shall be a special, limited obligation of the Issuer payable solely from the revenues provided by
the Borrower pursuant to the terms of the Borrower Loan Agreement and from the revenues and security
pledged, assigned, and granted pursuant to the security documents provided by the Borrower. The Funding
Notes shall not be payable from, nor charged upon any funds other than the revenue pledged to their
payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph.
No owner of the Funding Notes shall ever have the right to compel any exercise by the City of any of its taxing
powers to pay the Funding Notes or the interest or premium thereon, or to enforce payment thereof against
any property of the City except the interests of the City in the Borrower Loan Agreement and the revenues
and assets thereunder, which will be assigned to the Funding Lender. The Funding Notes shall recite that the
Funding Notes are issued pursuant to the Housing Act, and that the Funding Notes, including interest and
premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and
the Funding Notes shall not constitute a debt of the City within the meaning of any constitutional or statutory
limitations.
5.03The Funding Notes shall be sold to the Funding Lender under the terms and conditions of the Funding
Loan Agreement. The Funding Loan Agreement is hereby approved and the City Officials are hereby
authorized to execute and deliver the Funding Loan Agreement on behalf of the City. All of the provisions of
the Funding Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part
of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force
and effect from the date of execution and delivery thereof. The Funding Loan Agreement shall be
substantially in the form now on file with the City with such necessary and appropriate variations, omissions,
and insertions as do not materially change the substance thereof, as the City Officials, in their discretion, shall
determine, and the execution and delivery thereof by the City Officials shall be conclusive evidence of such
determination.
5.04The proceeds derived from the sale of the Funding Notes shall be loaned by the Issuer to the Borrower in
accordance with the terms and conditions of the Borrower Loan Agreement. The Borrower Loan Agreement is
hereby approved and the City Officials are hereby authorized to execute and deliver the Borrower Loan
Agreement on behalf of the City. All of the provisions of the Borrower Loan Agreement, when executed and
delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent
as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The Borrower Loan Agreement shall be substantially in the form now on file with the City with such
necessary and appropriate variations, omissions, and insertions as do not materially change the substance
thereof, as the City Officials, in their discretion, shall determine, and the execution and delivery thereof by the
City Officials shall be conclusive evidence of such determination. The proceeds of the loan to be made under
the terms of the Borrower Loan Agreement are hereby authorized to be applied to the payment of a portion
of the costs of the acquisition, construction, and equipping of the Project and related costs.
5.05The obligations of the Borrower under the Borrower Loan Agreement shall be secured by such mortgages,
assignments of mortgages, security agreements, assignments of rents, guarantees, and other security
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instruments and documents as the Borrower and the Funding Lender shall agree (the "Security Documents ").
The Issuer hereby authorizes and approves the execution and delivery of the Security Documents by the
Borrower to the Funding Lender.
5.06To ensure compliance with certain rental and occupancy restrictions imposed by the Housing Act and
Section 142(d) of the Code, and to ensure compliance with certain restrictions imposed by the Issuer, the City
Officials are also hereby authorized and directed to execute and deliver the Regulatory Agreement. All of the
provisions of the Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed
to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in
full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be
substantially in the form on file with the Issuer which is hereby approved, with such omissions and insertions
as do not materially change the substance thereof, or as the City Officials, in their discretion, shall determine,
and the execution thereof by the City Officials shall be conclusive evidence of such determination.
5.07The Council authorizes the execution and delivery of the following closing documents relating to the
Funding Notes (collectively, the "Closing Documents "): (i) one or more certificates of the Issuer; (ii) an
Information Return for Tax - Exempt Private Activity Bond Issues, Form 8038; (iii) an endorsement to a tax
certificate of the Borrower relating to arbitrage, rebate, and other tax matters; and (iv) similar documents. All
of the provisions of the Funding Notes, the Funding Loan Agreement, the Borrower Loan Agreement, and the
Regulatory Agreement (collectively, the "Note Financing Documents "), and the Closing Documents, when
executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution
and delivery thereof.
5.08The Issuer hereby authorizes Kennedy & Graven, Chartered, bond counsel to the Issuer ( "Bond Counsel "),
to prepare, execute, and deliver its approving legal opinions with respect to the Funding Notes and related
matters.
5.09 Simultaneously with the execution and delivery of the Note Financing Documents and the Closing
Documents (collectively, the "Issuer Documents "), there shall be delivered to the Issuer the following: (i) an
opinion of counsel to the Borrower as to such matters as shall be required by the Issuer and Bond Counsel; (ii)
one or more opinions of Bond Counsel as may be required by the Issuer, the Funding Lender, counsel to the
Funding Lender, the Borrower, and counsel to the Borrower; and (iii) such other opinions, instruments, and
documents as the Issuer may require as a condition to the issuance of the Funding Notes and the other actions
of the Issuer authorized by this resolution.
Section 6. Additional Findings and Certifications.
6.01The authority to approve, execute, and deliver future amendments to the Note Financing Documents or
other documents executed and delivered by the Issuer in connection with the issuance of the Funding Notes is
hereby delegated to the City Officials and such other officials of the Issuer who execute and deliver the
Funding Notes and related documents whose signature shall appear on the Issuer Documents (the "Issuer
Officials "), subject to the following conditions: (i) such amendments do not materially adversely affect the
interests of the Issuer; (ii) such amendments do not contravene or violate any policy of the Issuer; and (iii)
such amendments are acceptable in form and substance to Bond Counsel. The authorization hereby given
shall be further construed as authorization for the execution and delivery of such certificates and related items
as may be required to demonstrate compliance with the agreements being amended and the terms of this
resolution. The execution of any instrument by the Issuer Officials shall be conclusive evidence of the
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November 13, 2017
Page 15 of 16
approval of such instruments in accordance with the terms hereof.
6.02 In case an Issuer Official shall cease to be such officer before the delivery of the Issuer Documents, such
signature shall nevertheless be valid and sufficient for all purposes, the same as if such signatory had
remained in office until delivery. In the event of the absence or disability of any Issuer Official, such officers of
the Issuer as, may act on the behalf of such Issuer Official shall, without further act or authorization of the
Issuer, execute and deliver the Issuer Documents.
6.03The Issuer will not participate in the preparation of any disclosure document relating to the offer and sale
of the Funding Notes (the "Disclosure Documents "), and will make no independent investigation with respect
to the information contained in any Disclosure Documents and the Issuer assumes no responsibility for the
sufficiency, accuracy, or completeness of such information, except for any information contained therein
describing the Issuer, or litigation with respect to the Issuer. The Issuer hereby consents to the distribution of
the Disclosure Documents. The Issuer hereby approves the execution and delivery by the Borrower (and any
guarantor of the obligations of the Borrower) of any continuing disclosure agreement prepared and delivered
for the benefit of the Funding Lender or any successors or assigns.
Section 7. Costs. The Borrower shall pay to the City any and all reasonable costs incurred by the City in
connection with the Obligations or the financing of the Project, whether or not the financing of the Project is
carried to completion, and whether or not the Obligations or operative instruments are executed and
delivered. The Borrower shall also pay to the City the administrative fee of the City, as set forth in the
Borrower Loan Agreement.
Section 8. Bond Counsel Is Empowered to Take All Necessary Actions. The Issuer Officials, Bond Counsel,
other attorneys, engineers, and other agents or employees of the City are hereby authorized to take all acts
and things required of them by or in connection with this resolution, the aforementioned documents, and the
Funding Notes, for the full, punctual, and complete performance of all the terms, covenants, and agreements
contained in the Funding Notes, the aforementioned documents, and this resolution.
Section 10. Effective Date. This resolution shall be in full force and effect from and after its passage.
RESOLUTION 2017 -120
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.
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
That on November 8, 2017 the City of Columbia Heights responded to a complaint at the address listed
above. Inspection determined that the structure was damaged, open, and unsecured.
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2. That on November 8, 2017 the Fire Chief had his designee order 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.
W
Meeting of: COLUMBIA HEIGHTS CITY COUNCIL
Date of Meeting: November 6, 2017
Time of Meeting: 7:00 PM (Following the EDA Meeting)
Location of Meeting: Conference Room #1
Purpose of Meeting: WORKSESSION
CALL TO ORDER /ROLL CALL - The meeting was called to order at 7:55 PM
Present: Mayor Schmitt, Councilmembers Murzyn Jr., Buesgens and Novitsky
Also Present: Walt Fehst; City Manager, Kelli Bourgeois; Human Resource Director /Assistant to the City
Manager, Joe Kloiber; Finance Director, Kevin Hansen; Public Works Director, Joe Hogeboom;
Community Development Director, Lenny Austin; Interim Police Chief, Gary Gorman; Fire Chief and Katie
Bruno; City Clerk
Insurance Update
Kelli Bourgeois; Human Resource Director /Assistant to the City Manager reported the Medica contract
may not be available until mid - December. The plan includes a 1% decrease in rates from 2017, as well as
additional available plan options.
2018 Budget Discussion
General Government
Finance Director Joe Kloiber reported the following functional areas are included in the General
Government section; City Hall, Recognition /Special Events, Contingences, Transfers, and Capital
Equipment Replacement.
Mayor Schmitt asked about the item for window replacement, inquiring about which windows are being
replaced. Kloiber stated that the item is basically a place holder, in the event replacements or services
are required. He indicated that allotment is generous because of the age of city hall.
Kloiber indicated that Sister Cities has requested support in the amount of $600 to support an Art Event.
Mayor Schmitt questioned if the Police Department is paying for the community picnic. Councilmember
Buesgens stated that all departments will now participate in the picnic. Kloiber indicated the $1,000 was
likely not included in the 2017 budget, but will be going forward.
Mayor Schmitt suggested reviewing the years of service recognition gifts following the 2017 event.
Kloiber indicated the recognition amounts are a minimal area of the budget.
Police
Interim Police Chief Lenny Austin distributed an overview of the Police Department's 2018 Budget.
Increases include an increase in part time CSO hours, adjusting overtime hours to be more accurate, the
purchase of seven new computers, and expanding the use of cell phones. Increases in Capital Equipment
include two outfitted Ford interceptors, encrypted squad radios, portable radios, handgun replacement,
and building security updates.
Mayor Schmitt asked when the car wash agreement is due for renewal. Austin indicated there is not a
sunset date on the current contract, and could go out for bids for both the car wash and the tow
agreements.
Mayor Schmitt asked about vests for CSO's, commenting that the female CSO's have had concerns with
the fit of the vests. Austin indicated that new vests are purchased for sworn staff, and civilian staff
acquire the used vests. Councilmember Buesgens suggested checking with other cities to work out a
sharing program. It was noted that it is difficult to see the difference between a CSO and a sworn officer.
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City Council Worksession
November 6, 2017
Page 2 of 3
Public Works
Public Works Director Kevin Hansen reported that Public Works has 15 departments. Approximately 25%
of funding comes from the General Fund, and includes the following departments; Engineering, Streets,
Street Lighting, Traffic Signs & Signals, Parks, and Urban Forestry. The remaining 75% of the budget
comes from Enterprise (utility) Funds.
Hansen reported upcoming projects include street rehabilitation program; Main St and 37th Ave. A
maintenance position will be moved from the sign department to the street department.
There has been a higher incidence of on street parking, which has been affecting the operations.
Additional projects include street lighting and back lit street signs change out to LED. Newly designed
street signs are being installed, these will meet FHA regulations.
Staff is looking at Gauvette and Keyes parks for possible soccer fields. Mayor Schmitt asked about tennis
courts in the city. Hansen indicated the only courts are in Sullivan Lake Park, and will need to be
reconstructed. Mayor Schmitt asked about Wargo Court Park. Hansen indicated that will need to be
redone in 2019 or 2020.
Hansen reported additional trash and recycle containers have been added in the parks and throughout
the city, and if necessary public works staff will empty them. Hansen reported staff is continuing to treat
EAB issues. A 2.9% increase from the city of Minneapolis is expected for water rates. HVAC costs for the
new library will continue to be monitored for efficiency. Additional maintenance expenses are
anticipated for the Circle Terrace Park building.
Capital Equipment requests include a lawnmower, which will replace three machines. A new Total
Station (used for surveying) is being requested, the current model is about twenty years old.
Replacement of the 2001 Ford Taurus with a 2wd pick -up truck is requested, and replacement of two
1 ton trucks. Finance Director Kloiber explained an internal loan is an option to cash flow the utility fund
if necessary. Kloiber indicated staff will be conducting rate studies in the coming year.
Fire
Fire Chief Gary Gorman reported the overall Fire Department Budget has increased due to contract
wages and wage adjustments.
Gorman reported it has been difficult to recruit and retain paid on call firefighters, commenting that is a
metro -wide concern. Gorman indicated different staffing models are being explored for paid on calls.
Councilmember Buesgens questioned the cost for training. Gorman reported between $8,000 and
$10,000. Mayor Schmitt asked if many explorers continue on to firefighting. Gorman indicated only a
few do. Gorman reported that recent findings related to increased serious medical issues may also be a
deterrent to potential recruits.
Capital Equipment
Gorman indicated a replacement ambulance is requested, as well as radios and pagers. Half of the
radios would be replaced on 2018, and the other half in 2019. Gorman reported Anoka County may pay
for the pagers.
Inspections
Chief Gorman gave a brief history of the City's inspection program. It started with the Community
Development Department conducting inspections of apartment buildings in 1990. This was very time
consuming, and the Fire Department assisted. In 1992 all licensing was moved to the fire department.
In 2007 grass, storage and garbage inspections were added to the fire departments responsibilities.
It was most efficient to have all inspections originate from the same department.
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City Council Worksession
November 6, 2017
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Gorman indicated this is a good program, but it has outpaced the department making it difficult to
conduct fire related duties. It is also problematic when fire calls preempt scheduled inspections.
Councilmember Buesgens asked how many fire calls are received. Gorman stated average of 7 calls a
day, 2,800 annually.
Discussions have taken place, suggesting moving the inspection program to the Community
Development Department. Staff would need to be added to Community Development, this would be
dedicated to inspections. Gorman suggested various options, including sharing some of the inspection
duties.
Mayor Schmitt asked Community Development Director Hogeboom how many additional staff would be
needed during a transition of duties. Hogeboom indicated he would need 1 or 2 inspectors and would
look at space needs as we consider a new city hall. Gorman indicated he too would need additional
inspectors and an increase in hours for the clerk typist.
Councilmember Murzyn, Jr. questioned if it would be feasible to hire additional firefighters that could do
inspections and answer fire calls during the daytime hours. Gorman indicated that coverage would be
inconsistent.
City Manager Walt Fehst stated the strain on the fire department is greater than ever and other options
should be considered. Councilmember Buesgens requested staff compose a plan for council
consideration.
Meeting Adjourned at 10:33 PM
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
22
Meeting of: COLUMBIA HEIGHTS CITY COUNCIL
Date of Meeting: October 23, 2017
Time of Meeting: 6:00 PM
Location of Meeting: Conference Room #1
Purpose of Meeting: WORKSESSION
CALL TO ORDER /ROLL CALL - The meeting was called to order at 6:00 PM
Present: Mayor Schmitt, Councilmembers Murzyn Jr., Buesgens and Novitsky
Councilmember Williams arrived at 6:02 PM
Also Present: Joe Kloiber; Acting City Manager, Kevin Hansen; Public Works Director, Jesse Davies; Office
Assistant and Katie Bruno; City Clerk
Discussion of Refuse Proposals
Kevin Hansen, Public Works Director reported Request for Proposals were sent out to eight contractors,
five proposals were received back. The two lowest bids came from Advanced Disposal Services and
Waste Management.
Jesse Davies, Public Works Office Assistant indicated the main goal of the city's solid waste management
program is to reduce trash disposal, especially since the cost will increase to $75 /ton for trash disposal;
while there is no cost for recycling. Davies gave an overview on the trends since 2009, and outlined the
MPCA's recycling Best Management practices.
City staff recommends that Waste Management be awarded the next contract and further recommends
adding services for curbside bulk recycling and organics collection for the following reasons:
1. Waste Management scored better on the reference surveys and staff evaluation.
2. Waste Management has the better price with bulk and organics recycling included, $1,700,000
average /year - -bulk costs $9,000 and organics $53,000.
3. Because of the excellent bids we received, the City can offer bulk and organics recycling to the suite of
refuse services and still pay 1% less in total than 2017 hauling and disposal costs.
a. 2017 total cost at current contract price for base services is $1,688,000.
b. 2018 Waste Management proposed price with bulk and organics is $1,672,000.
4. Trash disposal is projected to be at a rate of at least $75 /ton in 2018. With the City disposing of 7,000
tons last year equating to over $500,000 annually just for disposal, the City saves money by recycling
because it is still $0 /ton for recycling material disposition. The MPCA states that 30 -40% of trash is
organic, so if one -third of 7,000 tons was recycled through organics, the City would save at least
$175,000 /year.
5. Currently bulk is disposed of in the trash at $75 /ton. If we recycle it, we can use SCORE (recycling
grant) to help pay for handling and receive tonnage credit for reporting. Plus some of the items can be
donated which is free disposal.
6. The City receives $95,000 /year from SCORE which helps to subsidize recycling operations. Staff has
requested Anoka County provide an additional $30,000 /year for our Full Service Curbside Recycling
operations, plus an additional $20,000 to subsidize 2018 organic startup costs. Waste Management
also proposes an 80% rebate for curbside recyclables which could mean a financial return for the city
when the commodity markets go up.
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City Council Worksession
October 23, 2017
Page 2 of 2
Councilmember Buesgens stated she would be interested in offering education for zero waste
opportunities in the future. Davies agreed that would be a good idea.
Mayor Schmitt questioned how the costs are affected now that the city owns the carts. Davies indicated
that close to $1,000,000 was saved on each of the bids without including the carts. Hansen reported
that Waste Management will be relabeling the carts with county approved templates. Buesgens
requested materials be made available in multiple languages.
A resident indicated that he has had over 20 missed recycling pickups this year. Hansen indicated that
there have been multiple concerns with the current contractor.
Adiournment
Meeting Adjourned at 6:36 PM
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
24
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
713
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Consideration of adoption of the City of Columbia Heights Fee Schedule
DEPARTMENT: Administration
CITY MANAGER'S PPROVAL: f
BY /DATE: Katie Bruno / November 1, 2017
BY /DATE:
CITY STRATEGY: #1; Safe Community
Additional Strategy? #2: Economic Strength
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
BACKGROUND:
Historically, city departments have all had independent fee schedules. To better serve the public, each
department has submitted their separately adopted fees to be compiled into one comprehensive fee
schedule. This schedule can be reviewed and amended by resolution annually, or as needed.
STAFF RECOMMENDATION:
Staff recommends approval of this item, as presented.
RECOMMENDED MOTION(S):
MOTION: Move to wave the reading of Resolution No. 2017 -125, there being ample copies available to the
public.
MOTION: Motion to adopt Resolution No. 2017 -125, approving the 2018 City wide Fee Schedule.
ATTACHMENTS:
Resolution No. 2017 -125
City of Columbia Heights Fee Schedule
25
RESOLUTION NO. 2017 -125
RESOLUTION APPROVING THE CITY OF COLUMBIA HEIGHTS FEE SCHEDULE
BE IT RESOLVED BY the City Council (the "Council ") for the City of Columbia Heights, Minnesota (the "City ") as
follows:
WHEREAS, certain fees are associated within the various city departments; and
WHEREAS, occasionally, fees are evaluated and adjusted based on comparable area rates as well as staff time
used for processing and evaluating requests; and
WHEREAS, the City has not had a unified fee schedule; and
WHEREAS, the passage of this Resolution will create one, comprehensive city -wide fee schedule.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby adopts the attached City of Columbia Heights
Fee Schedule, which will take effect January 1St, 2018.
ORDER OF COUNCIL
Passed this 27th day of November, 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, Council Secretary /City Clerk
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CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7C
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Consideration of Joint Powers Agreement with Anoka County for Assessment Services
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL: 2
BY /DATE: Katie Bruno / November 15, 2017
BY /DATE:
CITY STRATEGY: #6: Excellent Housing /Neighborhoods
Additional Strategy? #2: Economic Strength
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
BACKGROUND:
In 1999, the city of Columbia Heights and Anoka County entered into a Joint Powers Agreement for the County
to provide property assessments in Columbia Heights. Subsequent agreements were approved in 1996, 2002
2008, and 2013. The current agreement expires January 16, 2018.
Attached is a copy of the new five year assessment contract, which will provide assessment services beginning
with the 2019 assessment through the 2023 assessment.
Rates are as follows, and are unchanged from the prior agreement:
Improved Residential $12.50 /parcel
Unimproved Residential $4.50 /parcel
Improved /Unimproved Commercial /Industrial $80.00 /parcel
Improved /Unimproved Apartments $80.00 /parcel
The cost for each type of parcel for assessment services for 2020 through 2023 will be increased according to
the County Assessor's increase in operating costs, cost of living and merit adjustments established by the
Anoka County Board of Commissioners. This language is similar to the current contract.
STAFF RECOMMENDATION:
Staff recommends approval of the Joint Powers Agreement with Anoka County for assessment services,
effective January 16, 2018 through January 15, 2023.
RECOMMENDED MOTION:
MOTION: Move to approve the Joint Powers Agreement with Anoka County for assessment services, effective
January 16, 2018 through January 15, 2023, and to authorize the Mayor and City Manager to execute the
agreement.
ATTACHMENTS:
Joint Powers Agreement between the city of Columbia Heights and Anoka County for Assessment of Property
43
Anoka County Contract No.
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF COLUMBIA HEIGHTS AND
COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY
THIS AGREEMENT is made and entered into this day of 2017,
by and between the City of Columbia Heights, 590 — 40th Avenue NE, Columbia Heights,
Minnesota 55421, hereinafter referred to as the "Municipality ", and the County of Anoka, a
political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303,
hereinafter referred to as the "County ".
WITNESSETH:
WHEREAS, pursuant to Minn. Stat. § 273.072, subd. 1, any county and city, lying wholly
or partially within the county and constituting a separate assessment district, may, by agreement
entered into under Minn. Stat. § 471.59, provide for the assessment of property in the city by the
county assessor; and
WHEREAS, pursuant to Minn. Stat. § 273.072, subd. 2, the agreement may provide for
the abolition of the office of the city assessor when the assessment of the property within the
city is to be made under an agreement by the county assessor; and
WHEREAS, it is the wish of the County to cooperate with the Municipality to provide for
a fair and equitable assessment of the property within the Municipality; and
WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat.
§ 471.59.
NOW, THEREFORE, in consideration of the mutual covenants and agreements stated
herein, the parties agree as follows:
I. That said Municipality constitutes a separate assessment district which lies wholly within
the County and that all property in the geographical boundaries of this district shall be assessed
by the County Assessor of the County beginning with the assessment year 2019, provided this
Agreement is approved by the Commissioner of Revenue.
II. Pursuant to Minn. Stat. § 273.072, subd. 2, the office of the City Assessor in the
Municipality shall cease to exist on January 16, 2018, but not before the end of the term of the
current City Assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided,
however, that upon the termination of this Agreement, the Office of City Assessor shall be
automatically reestablished and shall be filled as provided by applicable law or charter in
accordance with Minn. Stat. § 273.072.
III. The term of this Agreement shall be from January 16, 2018, through assessment
services performed in the year 2023, unless earlier terminated as provided herein.
IV. In consideration of said assessment services, the Municipality shall pay to the County an
annual payment as follows:
44
2019 Assessment services payable on or before January 15, 2018
2020 Assessment services payable on or before January 15, 2019
2021 Assessment services payable on or before January 15, 2020
2022 Assessment services payable on or before January 15, 2021
2023 Assessment services payable on or before January 15, 2022
V. For year 2019 assessment services, the Municipality shall pay the County as follows:
A. Twelve Dollars and 50/100s ($12.50) for each improved parcel of residential,
seasonal recreational residential and agricultural type property;
B. Four Dollars and 50/100s ($4.50) for each unimproved parcel of residential,
seasonable recreational residential and agricultural type property;
C. Eighty Dollars and 00 /100s ($80.00) for each improved and unimproved
parcel of commercial, industrial and public utility type of property; and
D. Eighty Dollars and 00 /100s $80.00) for each improved and unimproved parcel
of apartment and mobile home park type property.
The same procedure shall be used, as described above, in the computation of the
assessment payments due in 2020 through 2023, provided, however, that the cost for each type
of parcel shall be increased according to the County Assessor's increase in operating costs,
cost of living and merit adjustments established by the Anoka County Board of Commissioners
for January 1 to December 31 in the year prior to the date of the assessment.
VI. Notwithstanding Section II. above, the County and /or Municipality shall have the right to
terminate this Agreement by providing, at a minimum, two years written notice by certified mail,
which notice shall be sent prior to January 2 of any year to terminate assessment services to be
performed two years from such date (i.e. to terminate this Agreement for assessment services
in the year 2020, the party must provide written notice of termination by not later than January 2,
2018).
VII. COUNTERPARTS
This Joint Powers Agreement may be executed in any number of counterparts, each one
of which shall be deemed to be an original, but all such counterparts together shall constitute
one and the same instrument.
(remainder of page intentionally blank — signature page immediately follows)
-2-
45
IN WITNESS WHEREOF, the parties hereto have set their hands on the dates so
indicated.
COUNTY OF ANOKA
By:
Rhonda Sivarajah, Chair
Anoka County Board of Commissioners
Dated:
In
Jerry Soma
County Administrator
Dated:
APPROVED AS TO FORM
is
Dan Klint
Assistant County Attorney
Dated:
I: \CIV\DK \CONTRACT \2017 \JFA'S FOR ASSESS MENTS.docx
-3-
CITY OF COLUMBIA HEIGHTS
Donna Schmitt
Mayor
Dated:
By:
Title:
Dated:
By:
Title:
Dated:
46
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7D
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Consideration of Resolution 2017 -127 commencing the Comcast Franchise Renewal Process
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL:
BY /DATE: Kelli Bourgeois / November 21, 2017
BY /DATE:
CITY STRATEGY: #7: Strong Infastructure /Public Services
Additional Strategy? #2: Economic Strength
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
BACKGROUND:
On August 17th the City received a letter from Comcast exercising their right under the FCC Regulations to
begin the franchise renewal process. Their current franchise for cable television services runs through May 31,
2020 but the FCC regulations require the notice process for franchise extension to occur between 36 and 30
months from expiration of the current franchise agreement.
The enclosed resolution acknowledges receipt of Comcast's request and states the City's intent to begin the
franchise renewal process.
STAFF RECOMMENDATION:
Staff recommends City Council approve the enclosed Resolution which formally begins the franchise renewal
process with Comcast.
RECOMMENDED MOTION(S):
MOTION: Move to wave the reading of Resolution No. 2017 -127, there being ample copies available to the
public.
MOTION: Motion to adopt Resolution No. 2017 -127, concerning the commencement of renewal proceedings
under the Federal Cable Communications Policy Act of 1984, as amended.
ATTACHMENTS:
Resolution No. 2017 -127
Comcast Franchise Renewal Letter
Franchise Renewal Proposed Work Plan
47
RESOLUTION NO. 2017 -127
A resolution concerning the commencement of renewal proceedings under the Federal Cable
Communications Policy Act of 1984, as amended.
WHEREAS, on August 9, 2010, the City of Columbia Heights, Minnesota, ( "City ") adopted Ordinance No. 1583,
amending Ordinance No. 853 (collectively, the Cable Communications Franchise Ordinance set forth in
Chapter 11 of the City Code ( "Franchise Ordinance ")) authorizing Comcast of Minnesota, Inc. ( "Comcast ") to
construct, operate and maintain a cable system in the City for the purpose of providing cable service and
setting forth the terms and conditions of Comcast's use of public rights -of -way (the "Franchise ");
WHEREAS, the Franchise Ordinance term was extended through May 31, 2020 by a Settlement Agreement
with Comcast dated January 26, 2015, and Ordinance No. 1617, adopted February 9, 2015;
WHEREAS, by letter dated August 17, 2017, from Comcast to the City, Comcast invoked the formal renewal
procedure set forth in Section 626 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C.
§ 546 (the "Cable Act ");
WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if an appropriate written
renewal request is submitted by the cable operator during the 6 -month period which begins with the 36th
month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising
authority shall, within six months of the request, commence a proceeding to identify the future cable - related
community needs and interests, and to review the performance of the cable operator under the franchise
during the then current franchise term;
WHEREAS, the City is desirous of commencing the renewal proceedings specified in Section 626(a)(1) of the
Cable Act, 47 U.S.C. § 546(a)(1), and, at the same time, of also considering the possibility of pursuing the
informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and
WHEREAS, the City must provide the public with notice of, and an opportunity to participate in, proceedings
under Section 626(a) of the Cable Act, and such proceedings may involve the collection and analysis of
information from Comcast, City agencies and departments, the public and other interested parties and may
require one or more public hearings; and
WHEREAS, the City desires that the proceedings under Section 626(a) of the Cable Act be managed and
conducted by the City Manager, or his designee; and
WHEREAS, the City intends to authorize the City Manager, or his designee, to take any and all steps required
or desired to comply with the requirements of the Cable Act, the Franchise Ordinance and the Franchise.
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 City hereby commences formal franchise renewal ascertainment and past
performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast.
IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, is authorized to manage and
conduct proceedings in accordance with Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take
48
all steps and actions necessary or desired to conduct such proceedings and to comply with applicable laws,
regulations, orders and decisions. The City Manager, or his designee, may conduct such hearings, surveys and
meetings deemed necessary or appropriate to assess community cable - related needs and interests, evaluate
Comcast's past performance, and enable the public to participate in formal Franchise renewal proceedings.
IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, may explore with Comcast the
possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h).
If the City and Comcast decide to utilize the informal renewal process, the City Manager, or his designee, is
authorized to negotiate with Comcast concerning matters relating to the renewal or extension of the
Franchise, to prepare informal renewal proposals and to respond to informal renewal proposals from
Comcast, and to take all other steps and actions necessary or desired to engage in the informal Franchise
renewal process and /or to comply with applicable laws, regulations, orders and decisions.
IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, shall provide the public with notice
of, and an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47
U.S.C. § 546(a)(1).
IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, may establish procedures and dates
for the conduct of any hearings, meetings and /or surveys related to the Section 626(a) proceedings and may
establish procedures and dates for the submission of testimony and other information in connection with the
proceeding.
IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, is authorized to request Comcast
and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection
with the Section 626(a) proceedings or the informal Franchise renewal process under Section 626(h), gather
such other information from other persons, agencies, or sources as may be deemed appropriate, and to take
such further steps as may be needed or desired to ensure the City's and the public's interests are fully
protected and the cable - related needs and interests of the City are satisfied consistent with applicable law.
IT IS HEREBY FURTHER RESOLVED, that the City reserves, to the full extent permitted by law, all of its rights
with respect to determining whether to renew the Franchise.
IT IS HEREBY FURTHER RESOLVED, that the City Manager, or its designee, shall keep the City Council fully
apprised of the status and progress of trancnise renewal proceedings and negotiations.
Passed this 27th day of November, 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secreta
Us]
k :A
COMCAST
August 17, 2017
CERTIFIED MAIL
Kelli Bourgeois
Columbia Heights Cable
590 40th Avenue Northeast
Columbia Heights, MN 55421
Subject: FRANCHISE RENEWAL
Dear Kelly:
Comcast Twin Cities
10 Riper Park Plaza
St. Paul. NIN 55107
We at Comcast appreciate the opportunity to serve the citizens of Columbia Heights. It is
our credo that we will deliver a superior experience to our customers every day. Our
products will be the best and we will offer the most customer -friendly and reliable
services in the market. In living our credo, we look forward to providing broadband
services to our customers in Columbia Heights for many years to come. Therefore, we
are taking this step to ensure the renewal of our franchise with you.
The Cable Communications Policy Act of 1984 ( "the 1984 Cable Act ") encourages
franchisors and cable operators to reach renewal agreements at any time through an
informal process of discussion. However, Section 626 of the 1984 Cable Act also
provides for commencement of a formal renewal procedure. To preserve our statutory
rights to this formal procedure, this letter is our official notice to you invoking that
provision.
This letter is not intended to introduce a new formality into our discussions, nor is that
the intention of the 1984 Cable Act. In fact, we prefer to reach a mutually satisfactory
agreement through informal negotiations, thus making many of the 1984 Cable Act's
formal procedures unnecessary.
I will be happy to discuss this matter with you, or provide any additional information that
you may require. I look forward to meeting with you in the near future and to continuing
a relationship that, we believe, benefits both the community and the residents of
Columbia Heights.
6111
Subject: Franchise Renewal
August 17, 2017
Page 2 of 2
Sincerely,
Karly Werner
Senior Director of Government Affairs
cc: Steve White, West Division President
Chris McDonald, West Division Vice President of Government Affairs
Michael Ruger, Senior Director of Government Affairs
51
Bradley
MEMORANDUM
To: Kelli Bourgeois, Human Resources Director /Assistant to the City Manager, City of
Columbia Heights
From: Mike Bradley and Vince Rotty
Re: Cable Franchise Renewal Work Plan
Date: October 11, 2017
City of Columbia Heights, Minnesota
Cable Franchise Renewal — Proposed Work Plan
The following is our proposed work plan for the City's cable franchise renewal project.
Mike Bradley will be the lead attorney, assisted by Vince Rotty. I have indicated the major steps
of the project as well as the expected completion dates.
1. Meet with key City staff members that interact with Comcast. Typically, this would
include a staff member(s) from the offices of the City Manager, Finance, Public Works,
and the City Attorney.
a. Identify City staff priorities for franchise renewal
b. Identify what is working and what is not working under the current cable
franchise
c. Identify possible cable franchise compliance issues
d. Identify roles for City staff in renewal process
2. Draft summary of City's cable franchising priorities based upon staff meetings. This
summary report is typically approximately two pages in length and identifies the topics
that City staff believe are cable franchise renewal priorities. It is anticipated that this
document will be used internally through the cable franchising process.
3. Current cable fianchise compliance review.
a. Review current cable franchise commitments.
b. Optional Franchise Fee Review. Our firm works with cable franchise financial
consultants who specialize in franchise fee reviews. If interested, we can engage a
financial consultant to conduct a franchise fee review. We can obtain a quote if
the City is interested. Besides cost, conducting a franchise fee review will take
approximately 6 months.
c. (Optional) System technical review. Our firm also works with cable system
technical consultants. These consultants will identify compliance with applicable
Bradley Berkland Hagen & Herbst, LLC
1976 Wooddale Drive I Suite 3A I Woodbury, MN 55125 I (651) 379 -0900 1 BradleyL.awMN.com 52
safety codes and identify cable signal quality issues. The review will take
approximately 6 months.
4. Provide notice of cable franchise non - compliance (if any). The timing may vary
depending on whether a franchise fee review or technical review is undertaken.
a. Conduct Hearings (if necessary).
5. Meet with key City Council Members. Present overview of the cable franchise process
and the identified cable franchising priorities. Obtain feedback from Council Members on
City priorities.
6. Update draft summary of City's cable franchising priorities (if necessary).
7. Kick -off meeting with Comcast. Discuss anticipated cable franchise renewal process,
identify City priorities for a renewed cable franchise, and listen to Comcast's priorities
for a renewed cable franchise.
8. Prepare Draft Franchise Agreement and review with City staff.
9. Share initial draft cable franchise agreement with Comcast.
10. Informal renewal negotiations.
11. Prepare Staff Report on renewed cable franchise agreement.
12. Prepare summary of renewed cable franchise agreement.
13. Present cable franchise agreement to the City Council.
PA
53
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7E
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Consideration of Resolution 2017 -128 Entering into a Contract with Medica for Employee Health
Insurance
DEPARTMENT: Administration
CITY MANAGER'S APPROV L:��— -
BY /DATE: Kelli Bourgeois / November 21, 2017
BY /DATE: ' Yl
CITY STRATEGY: #2: Economic Strength
Additional Strategy? #3: Affordability
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
BACKGROUND:
Due to a double digit proposed increase from our current health insurance provider, HealthPartners, the City
has our benefits consultant conduct a request for proposals for employee health insurance for 2018. We
received three proposals back, HealthPartners, Blue Cross Blue Shield, and Medica. HealthPartners came back
with a proposed 6.88% increase to our 2017 rates, Blue Cross Blue Shield came in with a 21.65% rate increase,
and Medica came in with a proposal of a 0.09% reduction in overall rates. We were also able to negotiate a
restricted network option with Medica to further reduce premiums.
Medica will not have the final contract document ready for signatures until at least mid - December but staff is
asking City Council to approve switching to Medica for employee health insurance in 2018 based on the
attached plan summary.
STAFF RECOMMENDATION:
Staff recommends City Council approve Medica as the City's health insurance provider for 2018 and authorizes
the City Manager to sign the contract once it is received.
RECOMMENDED MOTION(S):
MOTION: Move to wave the reading of Resolution No. 2017 -128, there being ample copies available to the
public.
MOTION: Motion to adopt Resolution No. 2017 -128, entering into a contract with Medica for employee health
insurance coverage for January 1, 2018 through December 31, 2018 and authorizing the City Manager to sign
the contract once it is received.
ATTACHMENTS:
Resolution No. 2017 -128
Insurance Proposals
Final Medica Plan Rate Sheet
54
RESOLUTION NO. 2017 -128
Resolution of the City Council for the City of Columbia Heights entering into a contract with Medica for
employee health insurance coverage for January 1, 2018 through December 31, 2018.
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. Whereas, after completing a Request for Proposals for health insurance coverage, on August 18, 2017
Associated Benefits and Risk Consulting, the City's benefits consultant, received proposals from Health
Partners, Blue Cross Blue Shield of Minnesota, and Medica.
2. Medica's proposal was the lowest cost proposal with a 0.09% reduction in premium rates for 2018
coverage for the same plans as are currently provided.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
1. That the City of Columbia Heights enter into a contract with Medica to provide health insurance for all
eligible city employees and City Council members for January 1, 2018 through December 31, 2018.
2. That the City Manager is hereby authorized to sign the contract with Medica.
Passed this 27th day of November, 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
55
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0 CH COLUMBIA
HEIGHTS
AGENDA SECTION
Consent
ITEM NO.
7F
MEETING DATE
11 -27 -2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Transfer of Funds to Fire Department 2017 Budget
DEPARTMENT: Fire
CITY MANAGER'S APPROVAL:
BY /DATE: Gary Gorman
BY /DATE: /
12
CITY STRATEGY: #2: Economic Strength 4
Additional Strategy?
SHORT TERM GOAL (IF APPLICABLE): #2 Conduct an Evaluation of City Services and Staffing Levels
Additional Goal?
BACKGROUND:
The Minnesota Board of Firefighter Training and Education (MBFTE) provide reimbursements of costs
associated with firefighter training and certification. The funds are appropriated by the State Legislature from
the Fire Safety Account and are dispersed through an application process. $16,813.26 was reimbursed in
2017.
The State of Minnesota reimburses volunteer ambulance services for some of the initial and recertification
training costs for EMT certification. The Fire Department received a reimbursement from the State in the
amount of $7225.00.
The Fire Department received $494.91 from a Washington County grant for the reimbursement of purchases
of Narcan.
Anoka County Emergency Management reimburses local governments for training activities and equipment.
$4887.20 was reimbursed in 2017 for monitoring equipment and conference registrations.
The Fire Department provides Health Care Provider CPR training and certification classes for a fee. This
certification is required by many positions in the health care business. Three classes were given in 2017 for a
total of $539.45 collected for supplies and staff time.
The State of Minnesota provides funding on an annual basis for volunteer firefighter pensions. The funding is
distributed to the City, which then passes it on to the Fire Department Volunteer Relief Association. This
funding is a budgeted item in the Fire budget but the amount changes each year. An adjustment is needed for
the Fire budget to match the amount received in 2017. A difference of $4584.73 above the budgeted amount
was distributed.
Total of reimbursements is $34,544.55
STAFF RECOMMENDATION:
Approve the transfer of reimbursed funds from the General Fund to the Fire Department 2017 Budget.
58
City of Columbia Heights - Council Letter
Page 2
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of Resolution No. 2017 -121, there being ample copies available to the
public.
MOTION: Motion to adopt Resolution 2017 -121, being a resolution amending the 2017 Fire Department
budget.
ATTACHMENTS:
None
59
RESOLUTION NO. 2017 -121
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
MN Board of Firefighter Training
$16,813.26
State of Minnesota
$11,809.73
Washington County
$494.91
Anoka County
$4887.20
Crestview
$539.45
TOTAL
$34,544.55
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 Fire 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 $34,544.55
Passed this day of , 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
.91
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7G
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Rental Housing Licenses
DEPARTMENT: Fire
CITY MANAGER'S APPROVAL:
BY /DATE: Gary Gorman
BY /DATE:
CITY STRATEGY: #6: Excellent Housing /Neighborhoods
Additional Strategy? N/A
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
STAFF RECOMMENDATION:
Approval of attached list of rental housing applications
RECOMMENDED MOTION(S):
Move to approve the items listed for rental housing license applications for November 27, 2017, in that they
have met the requirements of the Property Maintenance Code.
ATTACHMENTS:
Licenses to Approve (TIFF)
61
List of Remtal1ic tm Approve fy
COLUMBIA HEIGHTS City Council 2017
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825 41st Avenue ws° Columbia Heights, Mwss4az° Inspections 7a3-70G-8156° Fax nsa-7Ds-8zS1°ffemspectima@u.odurnbia-he|ghm.mn,m
10001
1O16GDU0 AVE NE
Sturdy Foundation Investments, LLC
F16484
PO Box l2839
$175.00
_________________________________________________
Honolulu, H|y682O
10079
4217 CENTRAL AVE NE
4A Homes LLC
F16377
1O4O9 Indiana Ave N
$175.00
__________________________________________________
Brooklyn Park, IVINSS443
10138
1O2Z421/2 AVE NE
Merhi, Omar
F16451
Z2 Cherry Hill Drive
$175.00
__________________________________________________
Danvers, MA 01923
10I41
491l CENTRAL AVE NE
McCallum, Lawrence
F16478
2l4J4 Van Buren 5tNE
$175.00
__________________________________________________
Cedar, K4N5SO11'9481
10161
39l1 ULYSSES STNE
Nelson, Bernie
F16407
122l177th Lane NE
$175.00
__________________________________________________
Ham Lake, MN5S3O4
10168
411 SUMMIT STNE
Kempf, Gus
F16423
37OOl2SthAvenue
S175.00
__________________________________________________
Blaine, MN5S448
10173
4518 TYLER ST NE
Robles, Blanca
F16789
485S 4th 3tNE
$175.00
— — — — — — — — — — — —
Columbia Heights, MN 55421
— — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — —
10231
5O27 RESERVOIR BLVD NE
Parker, Jason
F16456
N10OVV|682S Revere Ln.
$I75.00
__________________________________________________
Germantown, WI S3022
10303
96543RD AVE NE
Hampton Investments, Inc.
F16219
2817 Anthony Lane S.#2O3
$175,00
__________________________________________________
St. Anthony, K4NS6418
I0329
95442ND AVE NE
Forah,4bdirieshid
F16836
478 Marshal Ave. #5
$175.00
__________________________________________________
St Paul, k1N551O2
10348
1U17GOULD AVE NE
Swanson, Troy
F16829
3040 Casco PtRd
$275.00
__________________________________________________
Wayzata, MN553y1
12033
4906 TYLER 3TNE
Parkash,Om
F15445
l932S Village DrSE
S175.00
Rochester, MN5S9U4
_________________________________________________
62
11n0/2017
o:zu
po«e z
COLUMBIA List of Remtal8ic to Approve by
HEIGHTS City Council 2017
� � �� �� �� �� �� � �� �� �� �� U� ��
� � J� �� �� �� � �� J� � �� �� 0� �
I MSPRO T H OW D I VI G N OW
825 41st Avenue mc°Odumbia Heights, Mmss421" Inspections 7ss-7oo-81s6" Fax 7*]-7o6-8zsz°fivdnspect|ma@ci.oXumbin-heighm,mn,vs
------ --- _ --- ________ --- __ --- --- ------- ------- _ --- _
12040
1161 CHEERY LN NE
OQun|eye'Ayode|e
FI6827
2I63 Cheery Ln
$175.00
__________________________
Columbia Heights, MN 55421
--- _______________________
12050
1127 CHEERY LNNE
Daniels, Tyrone
F16194
I127 Cheery LNNE
$175.00
_____________________________________
Columbia Heights, K4NS5422
---
12060
l202 CIRCLE TERRACE BLVD NE
Santamaria, Norberto
____________
FI67S9
1202 Circle Terrace Blvd. NE
$ l7S.00
___ ---
__ ---- __________________________________________
Columbia Heights, MN 55421
20045
4651 TAYLOR ST NE
K4arcatoma,Genaro
F16028
2312 Central Ave. NE
$175.00
_____
---------- _______
Minneapolis, MN5S41D
---- --- -------------
20058
60951STAVENE
K4cOuarn/ Thomas
_______
F16792
I99SO Hardwood Loop
$175.00
__________________
---
Fin|aysnn'MN5S73S
___________ -------- _____
20062
1O15431/2 AVE NE
Corbin, David
F16249
2158 231stAvNVV
$175.00
__________________________________________________
Coon Rapids, K4N55448
20093
4616 TAYLOR ST NE
Amundson, Daniel
F16381
PO Box 1202Z6 Main Street
$175.00
_________________________________________________
St. Paul, K4NSSl12
20128
62l5lST AVE NE
Busse, Daniel
F16822
PO Box 1D672
$175.00
__________________________________________________
Minneapolis, K4N55418
20165
1401PARKV|EVVLNNE
Minder, Scott
F16756
l21 Washington Ave. 3.#1OO5
$175.00
__________________________________________________
Minneapolis, MN5S4OI
20240
14D7 CIRCLE TERRACE BLVD NE
Rothmeyer,Gcott
F16772
19O41 Alpaca Street NVV
$ 17S.00
__________________________________________________
Anoka, K4N5G3U3
20405
4556F|LLMORESTNE
Colville, Mark
F16342
78O1E. Bush Lake Rd#l20
$175.00
__________________________________________________
Edina, K4NS54SA
30078
4656 MADISON STNE
Pham,Hun0
F16167
1256 Crystal P| E
$ 185.0O
— — — — —
Chaska, MN55318
— — — — — — — — — — — — — —
— — — — — — -- — -- — ---- — — — — —�������������
oa
11/202017
12:18
Page 2
List of Rental Lic to Approve by
COLUMBIA HEIGHTS City Council 2017
FIRE DEPARTMENT
825 41st Avenue NE v Columbia Heights, MN 55421 a Inspections 763 -706 -8156 o Fax 763 - 706 -8151 a fireinspections @ci.columbia - heights.mn.us
30139
5025 UNIVERSITY AVE NE
Lindeen, Jerry
F15939
1148 Heritage Dr.
$ 286.00
Shakopee, MN 55379
30148
4657 TYLER ST NE
Schuster, John
F16131A
9928 Lawson Lane
$ 185.00
Eden Prairie, MN 55347
30154
4341 TYLER PL NE
Chohan,Raees
F16760
7298 Hwy. 65 NE
$ 185.00
Fridley, MN 55421
30155
3849 CENTRAL AVE NE
Durkop, Mary
F16026
PO Box 48223
$ 175.00
Minneapolis, MN 55448
Total # of Licenses: 28
64
11/20/2017 12:18 Page 3
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT AGENDA
ITEM NO.
7H
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
LICENSE AGENDA
DEPARTMENT: COMMUNITY DEVELOPMENT
CITY MANAGER'S APPROVAL: 4A ;X/1'1�
BY /DATE: NOV 21, 2017
BY /DATE: .7
CITY STRATEGY: #1; Safe Community
Additional Strategy? I,,
SHORT TERM GOAL (IF APPLICABLE):
Additional Goal?
BACKGROUND:
BACKGROUND /ANALYSIS
Attached is the business license agenda for the November 27, 2017 Council meeting. This
agenda consists of applications for 2018 Contractor Licenses and 2018 Business Licenses.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form
Accompanied Application. This means that the data privacy form has been submitted as
required. If not submitted, certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for November 27, 2017 as
presented.
ATTACHMENTS:
65
City of Columbia Heights - Council Letter
TO CITY COUNCIL Nov 27, 2017
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2018
BLDG *Harris Contracting
*C & S Blacktopping
*Bonfe's P1 & Htg
*Dominium Construct
*Boys Mechanical
*Modern Heating
*Corval Constructors
*Architect Mechanical
*Elk River Htg
*Pete's Plumbing
*Leading Edge Cont
*Centraire Htg
*Quality Refrig
*Ridler Htg /Uptown
*Huber Plumbing Co
*Air Mechanical
*Cities 1 Plumb & Htg
*Siteworx Excavating
*Mr. Rooter Plumb
*Sayler Htg & AC
*Castle Bldg & Rem
*United Contractors
Tarbek Co LLC
*Pronto Htg & Air
*Vogel Mechanical
*Austin's Tree /Land
* SavATree
*Precision Landscape
*Birch Tree Care
*Veteran Innovations
909 Montreal Cir, St Paul
14435 Northdale Blvd, Rogers
455 Hardman Ave So. St Paul
2905 Northwest Blvd, Plymouth
490 Villaume Ave #300, So St Paul
2318 First St, Mpls
1633 Eustis St, St Paul
2917 Anthony Ln N, St Anthony
19567 Twin Lakes Rd, Elk River
12011 Eidelweiss St, Coon Rapids
625 Commerce Dr, Hudson, WI
7402 Washington Ave, Eden Prairie
6237 Penn Ave S, Richfield
3110 Washington Ave N, Mpls
2751 Lamphere Dr, New Hope
16411 Aberdeen St, Hain Lake
787 Hubbard Ave, St Paul
2025 Gateway Cir #1, Centerville
5155 E River Rd, Fridley
6520 W Lake St, St Louis Pk
2710 E 33'' St, Mpls
2763 S Coon Creek Dr, Andover
910 121" Ave NE, Blaine
7415 Cahill Rd, Edina
2830 Fairview Ave N, Roseville
PO Box 120542, New Brighton
8000 Powell Rd #160 Hopkins
50 S. Owasso Blvd, Little Canada
3100 Spruce St, Little Canada
2774222 n1 Ln NE, E Bethel
CIGARETTE SALES -2018
*Big Stop Mkt 334 40`x' Ave NE
*No Tier /SA 5000 Central Ave
*Jerusalem Mkt 4945 Central Ave
SMOKE SHOP LICENSE
*Sarah's Tob 4329 Central Ave
MASSAGE THERAPIST
*Jennifer Pyper -Munn /Hart Lake Massage 3813 Hayes St
GAMES OF SKILL
*Mendota Valley Amusement - VFW, Jimmys, & Jeff's
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$80
$500
$500
$500
$1,000
$100
$240 66
Page 2
City of Columbia Heights - Council Letter
Page 3
LIQUOR LICENSE
*Sarna's Classic Grill 3939 University Ave
$6,700
CLUB LIQUOR
*VFW #230 4446 Central Ave
$500
WINE /BEER LICENSE
*Karts Thai 3800 Central Ave
$2,400
*Miller's Bar 547 40t' Ave
$1,600
OFF SALE BEER
*Northern Tier /SA 5000 Central Ave
$200
67
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CH COLUMBIA
HEIGHTS
AGENDA SECTION
PUBLIC HEARINGS
ITEM NO.
gA
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Adopt Provisional Rental License
DEPARTMENT: Fire
CITY MANAGER'S PPROVAL:
BY /DATE: Gary Gorman
BY /DATE: ®'
CITY STRATEGY: #6: Excellent Housing /Neighborhoods
Additional Strategy? N/A
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
STAFF RECOMMENDATION:
An eight (8) -month provisional license to operate a rental unit within the City of Columbia Heights is requested
for the property at:
2017 -122 —1030 Polk Place NE
for police - related issues with tenants.
RECOMMENDED MOTION(S):
Move to close the public hearing and to waive the reading of Resolution Number 2017 -122, being ample
copies available to the public.
Move to adopt Resolution Number 2017 -122, being Resolution of the City Council of the City of Columbia
Heights approving an eight (8- month provisional rental housing license pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of the rental license listed.
ATTACHMENTS:
2017 -122 Res - Provisional License -1030 Polk Pl.
74
RESOLUTION NO. 2017 -122
Resolution of the City Council for the City of Columbia Heights approving an eight (8) -month provisional rental
license for the property rental license held by 2015 -3 IH2 BORROWER LP (Hereinafter "License Holder ").
Whereas, License Holder is the legal owner of the real property located at 1030 Polk PL 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
November 13, 2017 of a public hearing to be held on November 27, 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 from 2000 -2013, the property generated 14 calls for service and from 2013 to present generated
30 calls for service. Invitation Homes began managing the property in 2013.
2. That on 08/12/16, two adults and one juvenile were listed as moving into the residence.
3. That between September 2016 and February 2017, there were six calls for service at the residence
involving the renters on the lease.
4. That on 08/11/17, the renter told CHPD they had moved out in May 2017 and her 18- year -old son was
staying in the house with multiple juveniles while committing several crimes, to include underage
drinking, smoking marijuana, and fighting.
5. That between 07/19/17 and 08/25/17, there were 19 calls for service at the address and none involved
adult renters on the lease.
6. On 08/14/17, the CHPD called Portfolio Manager, Delisa Collette, and requested a meeting to discuss
the criminal activity at the property, and the request was denied. CHPD also requested copies of
background checks and lease; the request was denied and CHPD was told a subpoena was needed.
7. That crimes were committed on the property or associated with the property, including but not limited
to; First Degree Aggravated Robbery, Tampering with a Witness, Terroristic Threats, Theft, Criminal
Damage to Property, and False Name to Police.
8. That at no time from August 2016 to present did Invitation Homes initiate communication with the
CHPD to inquire about activity on their property.
9. 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
The rental license belonging to the License Holder described herein and identified by license number
F16291 is hereby granted as an eight (8) -month provisional rental license with conditions.
2. The City will allow full reinstatement of the license after eight (8) months if all conditions are met by
License Holder.
3. Council may revoke license at any time during provisional period if conditions are not met.
75
City of Columbia Heights - Council Resolution
Passed this day of , 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
0
Page 2
CH COLUMBIA
HEIGHTS
AGENDA SECTION
PUBLIC HEARINGS
ITEM NO.
8B
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Adopt Resolution For Revocation
DEPARTMENT: Fire
CITY MANAGER'S PPROVAL:
BY /DATE: Gary Gorman
BY /DATE:
CITY STRATEGY: #6: Excellent Housing /Neighborhoods
Additional Strategy? N/A
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
STAFF RECOMMENDATION:
Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against
rental properties at:
2017 -123 — 3969 Reservoir Blvd. NE
2017 - 124 -4330 Washington St. NE
for failure to meet the requirements of the Property Maintenance Codes
RECOMMENDED MOTION(S):
Move to close the public hearing and to waive the reading of Resolution Numbers 2017 -123 and 2017-
124, being ample copies available to the public.
Move to adopt Resolution Numbers 2017 -123 and 2017 -124, being Resolutions 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 licenses listed.
ATTACHMENTS:
2017 -123 Res -Vio NOT Corrected — 3969 Reservoir Blvd.
2017 -124 Res -Vio NOT Corrected —4330 Washington St.
77
RESOLUTION NO. 2017 -123
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 MNSF T2 SIDE
(Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 3969 Reservoir Blvd. 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
October 25, 2017 of a public hearing to be held on November 27, 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 September 21, 2017, inspectors for the City of Columbia Heights, inspected the property
described above and noted violations. A compliance letter listing the violations was mailed by regular
mail to the owner at the address listed on the Rental Housing License Application.
2. That on October 24, 2017, inspectors for the City of Columbia Heights performed a re- inspection and
noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the
owner at the address listed on the rental housing license application.
3. That on November 14, 2017, inspectors for the City of Columbia Heights checked records for this
property and noted that the violations remained uncorrected
4. 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. Shall clean up brush and weeds from yard on alley.
b. Shall repair sheet rock patch.
5. 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
F16430 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.
78
City of Columbia Heights - Council Resolution
Passed this day of , 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
79
Page 2
RESOLUTION NO. 2017 -124
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 MNSF Minneapolis LLC
(Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4330 Washington 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
October 31, 2017 of a public hearing to be held on November 27, 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 September 21, 2017, inspectors for the City of Columbia Heights, inspected the property
described above and noted violations. A compliance letter listing the violations was mailed by regular
mail to the owner at the address listed on the Rental Housing License Application.
2. That on October 27, 2017, inspectors for the City of Columbia Heights performed a re- inspection and
noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the
owner at the address listed on the rental housing license application.
3. That on November 14, 2017, inspectors for the City of Columbia Heights checked records for this
property and noted that the violations remained uncorrected
4. 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. Shall remove mattresses from basement.
5. 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
F16431C 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.
80
City of Columbia Heights - Council Resolution Page 2
Passed this day of 12017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
81
CH COLUMBIA
HEIGHTS
AGENDA SECTION
PUBLIC HEARING
ITEM NO.
8C
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
First Reading of Ordinance 1643 Amending Chapter 2, Section 7 pertaining to Elective Offices
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL:
BY /DATE: Katie Bruno
BY /DATE:
CITY STRATEGY:
Additional Strategy?
SHORT TERM GOAL (IF APPLICABLE):
Additional Goal?
BACKGROUND:
Following discussions at the July 20, 2017 and October 26, 2017 Charter Commission meetings, the Charter
Commission proposes the following amendment to the City Charter:
Chapter 2, Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four council members who
shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council
members shall serve for a term of four years and until their successors are elected and qualified. The Mayor shall
serve for a term of�wefour years and until a successor is elected and qualified. The council shall be judge of the
election of the mayor and council members.
Strikethrough indicates deleted language, underline indicates new language
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of the Ordinance No. 1643, there being ample copies available to the public.
MOTION: Move to schedule the second reading of Ordinance No.1643, being an ordinance amending Chapter 2,
Section 7 of the City's Charter pertaining to elective Offices for December 11, at approximately 7:00 p.m. in the City
Hall Council Chambers.
ATTACHMENTS:
Ordinance No. 1643
82
ORDINANCE NO. 1643
BEING AN ORDINANCE AMENDING
CHAPTER 2, SECTION 7
OF THE CITY CHARTER
OF THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
SECTION 1:
Chapter 2, Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four council
members who shall be qualified electors, and who shall be elected at large in the manner hereinafter
provided. The four council members shall serve for a term of four years and until their successors are
elected and qualified. The Mayor shall serve for a term of twe four years and until a successor is elected and
qualified. The council shall be judge of the election of the mayor and council members. (Ordinance No.
1466, passed December 15, 2003) (Ordinance No. 1300, passed April 10, 1995)
First Reading: November 27, 2017
Offered by:
Seconded by:
Roll Call:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Date of Passage:
This ordinance shall be in full force and effect from and after 30 days after its passage.
Katie Bruno, City Clerk
Mayor Donna Schmitt
Strikethrough indicates deleted language, underline indicates new language
83
CH COLUMBIA
HEIGHTS
AGENDA SECTION
BUSINESS ITEM
ITEM NO.
9Aa
MEETING DATE
NOVEMBER 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Approval Consideration of the Development Contract for Grand Central Flats
DEPARTMENT: Community Development
CITY MANAGER'S APPR VAL:
BY /DATE: Keith Dahl, November 20, 2017
i
BY /DATE:
CITY STRATEGY: #3: Affordability
Additional Strategy? #6: Excellent Housing /Neighborhoods
SHORT TERM GOAL (IF APPLICABLE): N/A
Additional Goal? N/A
BACKGROUND:
On October 9, 2017, the City Council (the "Council ") of the City of Columbia Heights (the "City ") approved
Resolution No. 2017 -90, a resolution which approved the Site Plan for the properties located at 1069
Grandview Way and 4729 Grand Avenue NE, Columbia Heights, Minnesota (the "Grand Central Flats Project "),
and several terms and conditions specific to the development of the Grand Central Flats Project itself. Thus,
Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership (the
"Developer) is required to enter in to a formal agreement with the City (the "Development Contract ") for the
development of the Grand Central Flats Project.
The Development Contract provides the City and the Developer with the surety that certain representations,
warranties and covenants will be adhered to throughout the development of the Grand Central Flats Project,
specifically the construction methods and timing; and the installation of public and quasi - public improvement.
The approval of the Development Contract would allow for the construction of two (2) multi - family apartment
complexes consisting of 148 units of affordable workforce housing. Therefore, the following is a summary of
terms and conditions contained within the Development Contract for consideration by the City Council:
Escrow Deposit: The Developer shall deposit to the City an irrevocable letter of credit, or cash deposit
in the amount of $206,875.00, as set forth in Exhibit C of the attached Development Contract for the
Grand Central Flats Project. The total escrow amount was calculated based off of the estimated cost
for each public improvement and multiplied by a factor of 1.25. Furthermore, all cost estimates were
reviewed, and found acceptable by the Public Works Director.
Park Dedication: The Developer shall pay Park Dedication Fees in the amount of $1,500.00 per
residential unit, and such fees shall be collected prior to issuance of any and all building permits for the
Grand Central Flats Project. The City will collect a Park Dedication Fee in the amount of $222,000.
Public Art: The Developer included areas designated for public art, including functional objects such as
bike racks, at the Northeast corner of the intersection of 47th Avenue NE and Grand Avenue NE. All
pieces shall be original artwork created specifically for the Grand Central Flats Project. And, prior to
selection and construction of art objects or public art pieces, the Developer shall obtain approval from
the Community Development Director or his /her designee.
84
City of Columbia Heights - Council Letter
Page 2
Pedestrian Connectivity: The Developer shall be responsible for the cost and construction of two (2)
crosswalks located at 47th Avenue NE and Grand Avenue NE, and at the southern entrance to the
Grand Central Flats Project with connection to the "Pocket Park." The crosswalks shall be in locations
approved by the Public Works Director.
Also, the Developer will also grant an easement in favor of the public for a sidewalk to be located along
the eastern side of Grand Avenue NE between 47th Avenue NE and Grandview Court NE. The
easement grant shall be in form and substance reasonably acceptable to the City, and Developer shall,
upon request of the City, immediately file the same with the Anoka County Recorder's Office to be
recorded against the property.
Maintenance Agreement: The Developer, and its successors and assigns beyond the expiration of this
Development Contract, shall be responsible for maintenance and repair to, and snow removal from,
the on- street parking areas to be located along the eastern side of Grand Avenue NE between 47th
Avenue NE and Grandview Court NE. And, upon completion, the Developer shall immediately file the
Maintenance Agreement with the Anoka County Recorder's Office to be recorded against the property.
Please find attached the Development Contract for the Grand Central Flats Project. The Maintenance
Agreement for on- street parking along Grand Avenue NE may be found in Exhibit E of the Development
Contract. Community Development staff and representatives from the Developer will be present at the City
Council meeting to address any further questions or concerns City Council members may have regarding the
Development Contract or Maintenance Agreement.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 2017 -126 as presented.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Resolution 2017 -126, there being ample copies available to the public.
Motion: Move to approve Resolution No. 2017 -126, a resolution of the City Council for the City of Columbia
Heights, Minnesota, approving the Development Contract for the Grand Central Flats Project by and between
the City of Columbia Heights and the Columbia Heights Leased Housing Associates III, LLLP.
ATTACHMENTS:
1. Resolution 2017 -126 (1 Page)
2. Development Contract for Grand Central Flats (33 Pages)
85
RESOLUTION NO. 2017 -126
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE
DEVELOPMENT CONTRACT FOR GRAND CENTRAL FLATS PROJECT BY AND BETWEEN THE CITY OF COLUMBIA
HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP.
BE IT RESOLVED BY the City Council for the City of Columbia Heights, Minnesota (the "City ") as follows:
WHEREAS, Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited
partnership ( "Developer ") has proposed to develop a multi - family apartment complex consisting of two
buildings and 148 units of affordable workforce housing to be located at 1069 Grandview Way and 4729 Grand
Avenue NE (the "Project "); and
WHEREAS, pursuant to Resolution No. 2017 -90, the City has approved the site plan for the Project, subject to
(among other items) the Developer entering into a Development Contract for the development of the Project,
governing construction methods and timing, and the installation of certain public and quasi - public
improvements.
NOW, THEREFORE BE IT RESOLVED in accordance with the foregoing, and all ordinances and regulations of
the City of Columbia Heights, the Council hereby makes the following:
FINDINGS OF FACT
The Development Contract has been negotiated between City and Developer, contains
provisions that satisfy the conditions of Resolution No. 2017 -90 that pertain to the entering into
of a Development Contract, and is otherwise acceptable to City staff at the advice of the City
attorney.
2. The Development Contract provides for development and construction of the Project in a
manner that is consistent with the approved site plan for the Project.
3. Developer has consented to the entering into of the Development Contract and requested that
the City approve and execute the Development Contract in the form presented to the Council
on the date hereof.
BE IT FURTHER RESOLVED that the Council hereby approves the form and substance of the Development
Contract, and approves of the City entering into the Development Contract.
BE IT FURTHER RESOLVED that the Council hereby authorizes and directs the Mayor and City Manager to
execute and deliver the Development Contract on behalf of the City, and to take such other action as deemed
necessary and appropriate to carry out the purpose of the foregoing resolution.
ORDER OF CITY COUNCIL
Passed this day of /2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, Council Secretary /City Clerk
Resolution 2017 -126 86
DEVELOPMENT CONTRACT FOR
GRAND CENTRAL FLATS
COLUMBIA HEIGHTS, MINNESOTA
87
TABLE OF CONTENTS TO CITY OF COLUMBIA HEIGHTS
DEVELOPMENT CONTRACT FOR
GRAND CENTRAL FLATS, COLUMBIA HEIGHTS, MINNESOTA
RECITALS
ARTICLE 1— DEFINITIONS
1.1 Council
1.2 County
1.3 Developer, Owner
1.4 Developer Default
1.5 Developer Improvements
1.6 Developer Public Improvements
1.7 Development Contract
1.8 Development Plans
1.9 Development Property
1.10 Force Majeure
1.11 Formal Notice
1.12 Plat
ARTICLE 2 — DEVELOPER IMPROVEMENTS
2.1 Developer Improvements
2.2 Boulevard and Area Restoration
2.3 Street Maintenance
2.4 Occupancy
2.5 Approval of Contractors and Engineer
2.6 Construction.
2.7 Inspection
2.8 Faithful Performance of Construction Contracts
2.9 Replacement of Public Improvements
2.10 City Acceptance
ARTICLE 3 — RESPONSIBILITY FOR COSTS
3.1 Developer Improvement Costs
3.2 Enforcement Costs
3.3 Time of Payment
ARTICLE 4 — DEVELOPER REPRESENTATIONS, WARRANTIES AND COVENANTS
4.1 Developer Representations and Warranties
A. Authority
u
88
B. No Default
C. Present Compliance With Laws
D. No Litigation
E. Full Disclosure
F. Two Year Warranty on Proper Work and Materials
4.2 Developer Covenants
A. Use
B. Obtaining Permits
C. Construction Staging
D. Continuing Compliance With Laws
ARTICLE 5 — CITY REPRESENTATIONS AND WARRANTIES
ARTICLE 6 — INDEMNIFICATION
6.1 Indemnification of the City
ARTICLE 7 — CITY REMEDIES UPON DEVELOPER DEFAULT
7.1 City Remedies
7.2 No Additional Waiver Implied by One Waiver
7.3 No Remedy Exclusive
7.4 Emergency
ARTICLE 8 - ESCROW DEPOSIT
8.1 Escrow Requirement
8.2 Escrow Release and Escrow Increase; Developer Improvements
ARTICLE 9 — MISCELLANEOUS
9.1 City's Duties
9.2 No Third Party Recourse
9.3 Validity
9.4 Binding Agreement
9.5 Contract Assignment
9.6 Amendment and Waiver
9.7 Governing Law
9.8 Counterparts
9.9 Headings
9.10 Inconsistency
9.11 Access
9.12 Installation and Maintenance of Landscaping and Screening
9.13 Park Dedication
9.14 Record Drawings
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9.15 Additional Agreements
9.16 Release of Development Contract
EXHIBIT A — LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT B — LIST OF DEVELOPMENT PLANS
EXHIBIT C — DEVELOPER PUBLIC IMPROVEMENTS AND REQUIRED ESCROW
EXHIBIT D — PARK DEDICATION CALCULATION
EXHIBIT E — FORM OF MAINTENANCE AGREEMENT
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CITY OF COLUMBIA HEIGHTS
DEVELOPMENT CONTRACT FOR
GRAND CENTRAL FLATS
THIS DEVELOPMENT CONTRACT ( "Development Contract'), is made and entered
into on the 27th day of November, 2017, by and between the CITY OF COLUMBIA HEIGHTS,
a municipality of the State of Minnesota, (the "City "), and Columbia Heights Leased Housing
Associates III, LLLP, a Minnesota limited liability limited partnership (the "Owner" and the
"Developer).
WHEREAS, the Developer has applied to the City for Site Plan Approval for the
development of a multi - family apartment complex consisting of two buildings and 148 units of
affordable workforce housing to be located at 1069 Grandview Way and 4729 Grand Avenue
NE;
WHEREAS, by Resolution No. 2017 -90, the City has approved the Site Plan referenced
in such Resolution, subject to (among other items) the Developer entering into this Development
Contract, and subject to the terms and conditions contained herein;
WHEREAS, the Developer has filed three (3) complete sets of the Development Plans
(defined below) with the City;
WHEREAS, the Development Plans have been prepared by a registered professional
engineer and have been submitted to and approved by the Director of the Community
Development Department of the City, or his or her designee (the "City Representative ");
NOW, THEREFORE, subject to the terms and conditions of this Development Contract
and in reliance upon the representations, warranties and covenants of the parties herein
contained, the City, Owner and Developer agree as follows:
ARTICLE L
DEFINITIONS
The following terms, unless elsewhere defined specifically in the Development Contract,
shall have the following meanings as set forth below.
1.1. COUNCIL. "Council" means the Council of the City of Columbia Heights.
1.2. COUNTY. "County" means Anoka County, Minnesota.
1.3. DEVELOPER; OWNER. "Developer" and "Owner" each mean and refer to
Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited
liability limited partnership.
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1.4. DEVELOPER DEFAULT. "Developer Default" means and includes, jointly and
severally, any event and continuance of the following or any combination thereof:
A. failure by the Developer to timely pay the City any money required to be paid
under the Development Contract;
B. failure by the Developer to timely construct the Developer Public
Improvements according to the Development Plans and the City standards and
specifications;
C. failure by the Developer to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Development Contract;
D. breach of the Developer Warranties.
1.5. DEVELOPER IMPROVEMENTS. "Developer Improvements" means and
includes all the improvements specified to be constructed in accordance with the
Development Plans, including but not limited to, the Developer Public Improvements.
1.6. DEVELOPER PUBLIC IMPROVEMENTS. "Developer Public
Improvements" means and includes, jointly and severally, all the improvements
identified and checked on the attached Exhibit C. Developer Public Improvements
are improvements to be constructed by the Developer within public right -of -way and
which are to be approved and later accepted by the City. Developer Public
Improvements are included within the definition Developer Improvements.
1.7. DEVELOPMENT CONTRACT. "Development Contract" means this instant
contract by and among the City, Owner and Developer.
1.8. DEVELOPMENT PLANS. "Development Plans" means all those plans, drawings,
specifications and surveys identified and checked on the attached Exhibit B and
hereby incorporated by reference and made a part of this Development Contract.
1.9. DEVELOPMENT PROPERTY. "Development Property" means that certain real
property, as the same may be improved from time -to -time, legally described as:
See attached Exhibit A.
1.10. FORCE MAJEURE. "Force Majeure" means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and
earthquakes (but not including reasonably anticipated weather conditions for the
geographic area), riots, insurrections, war or civil disorder affecting the performance
of work, blockades, power or other utility failures, and fires or explosions.
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1.11. FORMAL NOTICE. "Formal Notice" means notices given by one party to the other
if in writing and if and when delivered or tendered either in person or by depositing it
with a nationally recognized courier service for overnight delivery, or by depositing it
in the United States Mail and in a sealed envelope, by certified mail, return receipt
requested, with postage and postal charges prepaid, addressed as follows:
If to City: City of Columbia Heights
Attention: City Manager
590 40th Avenue N.E.
Columbia Heights, Minnesota 55421
If to Developer: Columbia Heights Leased Housing Associates III,
LLLP
c/o Owen Metz, Authorized Representative
2905 Northwest Blvd., Suite 150
Plymouth, Minnesota 55441
with copy to: Winthrop and Weinstine
Attn: John Nolde
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
or to such other address as the party addressed shall have previously designated by
notice given in accordance with this Section. Notices shall be deemed to have been
duly given on the date of service if served personally on the party to whom notice is
to be given, or on the third day after mailing if mailed as provided above, provided,
that a notice not given as above shall, if it is in writing, be deemed given if and when
actually received by a party.
1.12. PLAT. "Plat" means the plat of Grand Central Lofts, in the City of Columbia
Heights, Anoka County, Minnesota.
ARTICLE 2
DEVELOPER IMPROVEMENTS
2.1. DEVELOPER IMPROVEMENTS. The Developer shall install at the
Development Property, at Developer's own cost, the Developer Improvements in
accordance with the Development Plans. The Developer Improvements shall be
completed by the dates shown on Exhibit C except as completion dates are extended
by subsequent resolution of the Council. Failure of the City to promptly take action
to enforce this Development Contract after expiration of time in which the Developer
Improvements are to be completed shall not waive or release any rights of the City.
The City may take action at any time thereafter, and the terms of this contract shall be
deemed to be automatically extended until such time as the Developer Improvements
are completed to the City's reasonable satisfaction.
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2.2. BOULEVARD AND AREA RESTORATION. The Developer shall lay cultured
sod or hydro seed in all boulevards within 14 days of the completion of street related
improvements and restore all other areas disturbed by the development grading
operation in accordance with the approved erosion control plan, over the
Development Property.
2.3. STREET MAINTENANCE. The Developer shall clear, on a daily basis, any soil,
earth or debris from the streets and any stormwater BMP facilities within or adjacent
to the Development Property resulting from the grading or building on the land within
the Development Property by the Developer or its agents, and shall restore to the
City's specifications any gravel base contaminated by mixing construction or
excavation debris, or earth in it, and repair to the City's specifications any damage to
bituminous surfacing resulting from the use of construction equipment.
2.4. OCCUPANCY. Unless otherwise agreed to by the City, no final or permanent
certificate of occupancy for any building in the Development Property shall occur
until the Developer Improvements have been fully and completely installed, as
reasonably determined by the City. Unless otherwise provided for in this
Development Contract, a temporary occupancy permit may be issued by the City if
the Site Landscaping and Site Street Lighting are not fully completed.
2.5. APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or
engineer selected by the Developer to design, construct or install any Developer
Public Improvements must be approved in writing by the City Representative, which
approval shall not be unreasonably withheld; provided however that the City hereby
specifically approves Loucks Engineers for engineering purposes, BKV Group for
architecture purposes, and Dominium Construction & Architectural Services, LLC
( "General Contractor ").
2.6. CONSTRUCTION. The construction, installation, materials and equipment related
to Developer Public Improvements shall be completed in a professional manner in
accordance with the Development Plans. The Developer shall cause the contractors
to furnish the City Representative with a written schedule of proposed operations,
subcontractors and material suppliers, at least five business (5) days prior to
commencement of construction work. The Developer shall notify the City in writing,
coordinate and hold a pre - construction conference with all affected parties at least
three business (3) days prior to starting construction of any Developer Public
Improvements.
2.7. INSPECTION. The City Representative shall periodically inspect the work
installed by the Developer, its contractors, subcontractors or agents. The Developer
shall notify the City Representative two (2) business days prior to the commencement
of the laying of utility lines, subgrade preparation, the laying of gravel base for street
construction or any other improvement work which shall be subsequently buried or
covered to allow the City an opportunity to inspect such improvement work. Upon
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receipt of said notice, the City shall have a reasonable time, not to be less than three
(3) working days, to inspect the improvements. Failure to notify the City to allow it
to inspect said work shall result in the City's right pursuant to Article 8 to withhold
the release of any portion of the escrow amount resulting from work being performed
without the opportunity for adequate City inspection.
2.8. FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The
Developer shall fully and faithfully comply with all terms of any and all contracts
entered into by the Developer for the installation and construction of all of the
Developer Public Improvements. Developer shall timely pay all contractors,
subcontractors and materials suppliers and the Developer shall obtain and keep on file
final lien waivers from all contractors, subcontractors and materials suppliers.
2.9. REPLACEMENT OF PUBLIC IMPROVEMENTS. If, within two (2) years after
acceptance of the Developer Public Improvements by the City, any of the Developer
Public Improvements become defective in the commercially reasonable judgment of
the City, Developer agrees to repair or replace, as directed by the City and at the
Developer's sole cost and expense, such defective work or materials within thirty (30)
days after Formal Notice from the City to Developer.
2.10. CITY ACCEPTANCE. The Developer shall give Formal Notice to the City within
fifteen (15) days after the Developer Public Improvements have been completed in
accordance with this Development Contract and the Development Plans. The City
shall, within thirty (30) days after receipt of such Formal Notice, inspect the
Developer Public Improvements and notify the Developer of any Developer Public
Improvements that do not conform to this Development Contract, the Development
Plans, or City ordinances. Upon compliance with this Development Contract, the
Development Plans, and City ordinances, Developer shall give Formal Notice of its
approval of the Developer Public Improvements and the Developer Public
Improvements shall become the property of the City. If the Developer Public
Improvements do not comply with any of this Development Contract, the
Development Plans, or City ordinances, the City shall give Formal Notice to the
Developer of the need for further work to achieve such compliance, and Developer
shall promptly make best efforts to achieve such compliance in an expedient fashion.
ARTICLE 3
RESPONSIBILITY FOR COSTS
3.1. DEVELOPER IMPROVEMENT COSTS. The Developer shall pay for the
Developer Improvements; that is, all costs of persons doing work or furnishing skills,
tools, machinery or materials, or insurance premiums or equipment or supplies and all
just claims for the same; and the City shall be under no obligation to pay the
contractor or any subcontractor any sum whatsoever on account thereof, whether or
not the City shall have approved the contract or subcontract.
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3.2. ENFORCEMENT COSTS. The Developer shall pay the City for costs incurred in
the enforcement of this Development Contract, including engineering and attorneys'
fees.
3.3. TIME OF PAYMENT. The Developer shall pay all bills from the City within thirty
(30) days after delivery of an invoice from the City. Invoices not paid within thirty
(30) days shall accrue interest at the rate of 6% per year, beginning from the date of
the invoice and continuing until such time that the invoiced amount, plus all interest
accrued thereon, has been paid in full.
ARTICLE 4
DEVELOPER REPRESENTATIONS, WARRANTIES AND COVENANTS
4.1. DEVELOPER REPRESENTATIONS AND WARRANTIES. Developer hereby
represents and warrants as follows (the following in this Section 4. 1, collectively, the
"Developer Warranties "):
A. AUTHORITY. Developer is organized and in good standing under the laws
of the State of Minnesota. Developer has the right, power, legal capacity and
authority to enter into and perform its obligations under this Development
Contract, and no approvals or consents of any persons are necessary in
connection with the authority of Developer to enter into and perform its
obligations under this Development Contract.
B. NO DEFAULT. Developer is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which would
materially affect performance under this Development Contract. Developer is
not a party to or bound by any mortgage, lien, lease, agreement, instrument,
order, judgment or decree which would prohibit the execution or performance
of this Development Contract by Developer or prohibit any of the transactions
provided for in this Development Contract.
C. PRESENT COMPLIANCE WITH LAWS. Developer has complied with
and is not in violation of applicable federal, state or local statutes, laws, and
regulations (including, without limitation, permits and licenses and any
applicable zoning, environmental or other law, ordinance or regulation)
affecting the Development Property, the Development Plans and the
Developer Improvements; and Developer is not aware of any pending or
threatened claim of any such violation.
D. NO LITIGATION. To the best of Developer's knowledge and except as
disclosed in writing to the City, there is no suit, action, arbitration or legal,
administrative or other proceeding or governmental investigation pending, or
threatened against or affecting Developer, of affecting the Development
Property, the Development Plans or the Developer Improvements. Developer
is not in material default with respect to any order, writ, injunction or decree
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of any federal, state, local or foreign court, department, agency or
instrumentality.
E. FULL DISCLOSURE. None of the representations and warranties made by
Developer or made in any exhibit hereto or memorandum or writing furnished
or to be furnished by Developer or on its behalf contains or will contain any
untrue statement of material fact or omit any material fact the omission of
which would be misleading.
F. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS.
The Developer warrants all work required to be performed by it under this
Development Contract against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the City. The
Developer shall be solely responsible for all costs of performing repair work
required by the City within thirty (30) days of the repair work being
completed.
4.2. DEVELOPER COVENANTS. Developer hereby covenants to the City as follows:
A. USE. In accordance with this Development Contract and all approvals
granted in connection therewith, the Property will be used as a multifamily
residential property, and for no other purpose.
B. OBTAINING PERMITS. The Developer shall obtain in a timely manner
and pay for all required permits, licenses and approvals, and shall meet, in a
timely manner, all requirements of all applicable, local, state and federal laws
and regulations which must be obtained or met before the Developer
Improvements may be lawfully constructed.
C. CONSTRUCTION STAGING. Prior to the issuance of construction
permits, the Developer shall submit, or cause for the General Contractor to
submit, proposed construction routes and construction access locations for
review and approval by the City Representative. The Developer shall also
provide, or shall cause for the General Contractor to provide, a construction
staging plan depicting material storage areas and contractor parking areas. A
right of way permit is required for any construction related impacts to the
public right of way. Developer agrees to stage materials and make use of
access routes only as depicted by the plans approved by the City
Representative, and to cause for General Contractor to do the same.
D. CONTINUING COMPLIANCE WITH LAWS. Developer will comply
with all applicable federal, state and local statutes, laws and regulations
(including, without limitation, permits and licenses and any applicable zoning,
environmental or other law, ordinance or regulation) affecting the Property,
the Development Plans and the Developer Improvements.
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ARTICLE 5
CITY REPRESENTATIONS AND WARRANTIES
The City hereby represents and warrants that it is a municipal corporation duly
incorporated and validly existing in good standing the laws of the State of Minnesota, and that it
has the right, power, legal capacity and authority to enter into and perform its obligations under
this Development Contract.
ARTICLE 6
INDEMNIFICATION
6.1. INDEMNIFICATION OF THE CITY. Except for any damages or claims that
arise solely from the willful misconduct or gross negligence of the City, the
Developer shall indemnify, defend and hold the City its Council, agents, employees,
attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties and attorneys'
fees, that the City incurs or suffers, which arise out of, results from or relates to:
A. breach by the Developer of the Developer Warranties;
B. failure of the Developer to timely construct the Developer Public
Improvements according to the Development Plans and the City ordinances,
standards and specifications;
C. failure by the Developer to observe or perform any covenant, conditions,
obligation or agreement on its part to be observed or performed under this
Development Contract;
D. failure by the Developer to pay contractors, subcontractors, laborers, or
materialmen in relation to the Developer Improvements;
E. failure by the Developer to pay for materials in relation to the Developer
Improvements;
F. failure to obtain the necessary permits and authorizations to construct the
Developer Improvements;
G. any defect in the construction of the Developer Improvements.
ARTICLE 7
CITY REMEDIES UPON DEVELOPER DEFAULT
7.1. CITY REMEDIES. If a Developer Default occurs, that is not caused by Force
Majeure, the City shall give the Developer Formal Notice of the Developer Default,
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specifying the nature of the asserted default, and the Developer shall have a period of
thirty (30) days within which to cure the default (the "Cure Period "). At the sole
discretion of the City Representative, the Cure Period may be extended by the City
for a reasonable period of time (the "Extended Cure Period "), provided that the
Developer submits to the City, within the Cure Period, a Formal Notice identifying a
reasonable plan and timeline for cure of the default. If the Developer does not cure
the Developer Default within the Cure Period or Extended Cure Period, as applicable,
or if Developer at any time during the Extended Cure Period has failed to diligently
pursue to completion the plan identified by Developer in its request for extension of
the Cure Period, then the City may avail itself of any remedy afforded by law and any
of the following remedies:
A. the City may specifically enforce this Development Contract;
B. the City may suspend any work improvement or obligation to be performed by
the City;
C. the City may collect on the irrevocable letter of credit or cash deposit;
D. the City may deny building and occupancy permits for buildings within the
Development Property;
E. the City may, at its sole option, perform the work or improvements to be
performed by the Developer, in which case the Developer shall within thirty
(30) days after receipt of an invoice by the City reimburse the City for any
costs and expenses incurred by the City. Invoices not paid within thirty (30)
days shall accrue interest at the rate of 6% per year, beginning from the date
of the invoice and continuing until such time that the invoiced amount, plus all
interest accrued thereon, has been paid in full. In the alternative, the City may
in whole or in part, specially assess any of the costs and expenses incurred by
the City; and the Developer and Owner hereby waive any and all procedural
and substantive objections to the installation and construction of the work and
improvements and the special assessment resulting therefrom, including but
not limited to notice and hearing requirement and any claim that the special
assessments exceed benefit to the Development Property. The Developer and
Owner hereby waive any appeal rights up to the "Total Cost and Escrow
Amount" indicated on Exhibit C pursuant to Minn. Stat. 429.081.
Upon the occurrence and during the continuance of an event of default, the
limited partners of the Owner shall have the right to cure any such default and the
City shall accept such default as if cured by the Owner itself.
7.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any
agreement contained in this Development Contract is breached by the Developer and
thereafter waived in writing by the City, such waiver shall be limited to the particular
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breach so waived and shall not be deemed to waive any other concurrent, previous or
subsequent breach hereunder. All waivers by the City must be in writing.
7.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
City shall be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
under the Development Contract or now or hereafter existing at law or in equity or by
statute; provided however that the City shall not have the power to exercise both the
remedy provided by Section 7.1(C) and, concurrently or sequentially, the remedy
provided by Section 7.1(E), to the extent that the remedy in Section 7.1(C) provides
reimbursement to the City for any costs and expenses incurred by the City. No delay
or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time and as often as may be deemed
expedient. In order to entitle the City to exercise any remedy reserved to it, it shall
not be necessary to give notice, other than the Formal Notice.
7.4. EMERGENCY. Notwithstanding the requirement relating to Formal Notice to the
Developer in case of a Developer Default and notwithstanding the requirement
relating to giving the Developer a thirty (30) day period to cure the Developer
Default, in the event of an emergency as determined by the City Representative,
resulting from a Developer Default, the City may perform the work or improvement
to be performed by the Developer without giving any notice or Formal Notice to the
Developer and without giving the Developer a period to cure the Developer Default.
In such case, the Developer shall within thirty (30) days after written billing by the
City reimburse the City for any and all costs incurred by the City. In the alternative,
the City may, in whole or in part, specially assess the costs and expenses incurred by
the City; and the Developer and Owner hereby waive any and all procedural and
substantive objections to the installation and construction of the work and
improvements and the special assessments resulting there from, including but not
limited to notice and hearing requirements and any claim that the special assessments
exceed benefit to the Property. The Developer and Owner hereby waive any appeal
rights up to the amount indicated on Exhibit C pursuant to Minn. Stat. 429.081.
ARTICLE 8
ESCROW DEPOSIT
8.1. ESCROW REQUIREMENT. Contemporaneously herewith, the Developer shall
deposit with the City an irrevocable letter of credit, or cash deposit in the amount of
$206,875.00, as set forth on Exhibit C (the "Security "). All cost estimates shall be
acceptable to the City Representative. The total escrow amount was calculated as
shown on the attached Exhibit C. The bank issuing the irrevocable letter of credit and
form of the irrevocable letter of credit, or cash deposit shall be subject to approval by
the City Finance Director and City Attorney and shall continue to be in full force and
effect until released by the City pursuant to Section 8.2 below. The Security shall be
maintained until the landscaping improvements in Section 8.2 below have been
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accepted by the City and the warranty period under Section 4.1(F) hereof has expired,
and further provided that if the Security is in the form of an irrevocable letter of
credit, such letter shall state that at least sixty (60) days prior to the expiration date
the issuing bank will notify the City if the bank elects not to renew for an additional
period. The Security shall secure compliance by the Developer with the terms of this
Development Contract. The City may draw down on the Security, for any of the
following reasons:
A. a Developer Default, following the notice and cure periods provided for in
Section 7.1 hereof, or
B. without any further notice and notwithstanding Section 7.1 hereof, if the
Security is in the form of an irrevocable letter of credit, within ten (10)
business days prior to the date on which such letter is scheduled to lapse, if the
City has not received written evidence of the renewal of such irrevocable
letter of credit.
With City approval, the Security may be reduced pursuant to Section 8.2 from time to
time as financial obligations are paid.
8.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER
IMPROVEMENTS. Periodically, upon the Developer's written request and upon
completion by the Developer and acceptance by the City of any specific Developer
Public Improvements, the Security may be reduced to an amount such that the
percentage of the Security that has been released is proportional to the percentage of
the Developer Public Improvements that have been completed, measured in terms of
costs under the approved Development Plans. Notwithstanding the foregoing,
$20,687.50 of the Security shall be held by the City until such time that the
landscaping improvements have been accepted by the City and the warranty period
under Section 4.1(F) hereof has expired. In the alternative, provided at least ninety
percent (90 %) of the Developer Public Improvements have been completed, the
Developer may post a bond satisfactory to the City in the amount of $20,687.50,
which shall remain in place until the landscaping improvements have been accepted
by the City and the warranty period under Section 4.1(F) hereof has expired.
If it is determined by the City that the Development Plans were not strictly adhered
to, or that work was done without City inspection, the City may require, as a
condition of acceptance, that the Developer post an irrevocable letter of credit, or
cash deposit equal to 125 % of the estimated amount necessary to correct the
deficiency or to protect against deficiencies arising there from. Said additional
irrevocable letter of credit, or cash deposit, shall remain in force for such time as the
City deems reasonably necessary, not to exceed two (2) years. In the event that any
work was done without City inspection and such work is not readily visible by a City
inspector, then the City may, in the alternative, require the concealed condition to be
exposed for inspection purposes.
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ARTICLE 9
MISCELLANEOUS
9.1. CITY'S DUTIES. The terms of this Development Contract shall not be considered
an affirmative duty upon the City to complete any Developer Improvements.
9.2. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the
City under this Development Contract.
9.3. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Development Contract is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portion of this Development
Contract.
9.4. BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable Development Contract shall run with the Property
and shall be binding upon the heirs, successors, administrators and assigns of the
Developer.
9.5. CONTRACT ASSIGNMENT. The Developer may not assign this Development
Contract without the written permission of the City, which may be given or withheld
in the City's sole discretion.
9.6. AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this Development Contract in any respect. Any party hereto may
extend the time for the performance of any of the obligations of another, waive any
inaccuracies in representations by another contained in this Development Contract or
in any document delivered pursuant hereto which inaccuracies would otherwise
constitute a breach of this Development Contract, waive compliance by another with
any of the covenants contained in this Development Contract and performance of any
obligations by the other or waive the fulfillment of any condition that is precedent to
the performance by the party so waiving of any of its obligations under this
Development Contract. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the
provisions of this Development Contract shall be deemed, or shall constitute, a waiver
of any other provisions, whether or not similar, nor shall any waiver constitute a
continuing waiver.
9.7. GOVERNING LAW. This Development Contract shall be governed by and
construed in accordance with the laws of the State of Minnesota.
9.8. COUNTERPARTS. This Development Contract may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall
constitute one and the same instrument.
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9.9. HEADINGS. The subject headings of the paragraphs and subparagraphs of this
Development Contract are included for purposes of convenience only, and shall not
affect the construction of interpretation of any of its provisions.
9.10. INCONSISTENCY. If the Development Plans are inconsistent with the words of
this Development Contract or if the obligations imposed hereunder upon the
Developer are inconsistent, then that provision or term which imposes a greater and
more demanding obligation on the Developer shall prevail.
9.11. ACCESS. The Developer hereby grants to the City, its agents, employees, officers,
and contractors a license to enter the Property to perform all inspections deemed
appropriate by the City during the installation of Developer Improvements by the
Developer.
9.12. INSTALLATION AND MAINTENANCE OF LANDSCAPING AND
SCREENING. The following regulations shall govern the installation and
maintenance of landscaping, and of screening materials for the screening of trash
handling equipment and mechanical equipment.
A. All landscaping materials and screening materials shall be installed
concurrently with site development and prior to issuance of a final
certificate of occupancy for any building on the Property, and shall
conform to City code in all respects.
B. The City may draw down on the Security, or portions thereof, in order to
install, maintain and /or replace materials for a period of time to include
two (2) full growing seasons, as defined by MnDOT specifications. A
portion of the letter of credit may be released after one growing season as
determined by the City Representative.
C. The Owner shall be responsible for continued maintenance of fencing,
landscaping and screening materials to remain in compliance with the
requirements of this Section.
D. All Development Property turf irrigation systems shall include rain
detecting shutoff devices to control irrigation function during wet weather.
9.13. PARK DEDICATION. Subject to reduction for all applicable existing credits in
favor of the Developer, the City hereby determines Park Dedication Fees in the
amount of $1,500.00 per residential unit, and that such fees shall be paid by
Developer prior to issuance of any and all permits. The calculation shall be as
provided in Exhibit D.
9.14. RECORD DRAWINGS. The Owner shall provide to the City, upon completion of
the Developer Improvements, a complete set of drawings (the "Record Drawings ")
documenting the constructed or "as- built" condition of the Developer Improvements.
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The Record Drawings shall be submitted in electronic and hard copy form consistent
with City requirements, and be provided to the City Representative within six (6)
months of the completion of the Developer Improvements. Additionally, the Owner,
or General Contractor on behalf of Owner, shall include in the Record Drawings GPS
data of all sanitary sewer and water main service locations at the service extensions or
property lines. The GPS data shall include X, Y & Z coordinate data consistent with
City requirements.
9.15. ADDITIONAL AGREEMENTS.
A. Maintenance Agreement. The Owner of the Development Property, and its
successors and assigns beyond the expiration of this Development Contract,
shall be responsible for maintenance and repair to, and snow removal from,
the parking areas to be located along the eastern side of Grand Avenue
Northeast between 47th Avenue Northeast and Grandview Court Northeast.
Upon the completion of the Developer Public Improvements, the Owner shall
execute a "Maintenance Agreement" in the form attached hereto as Exhibit E
and shall immediately file the Maintenance Agreement with the Anoka
County Recorder's Office.
B. Public Sidewalk on Development Property. Developer agrees that it will grant
an easement in favor of the public for a sidewalk to be located on the
Development Property, adjacent to the eastern side of Grand Avenue
Northeast between 47th Avenue Northeast and Grandview Court Northeast.
The easement grant shall be in form and substance reasonably acceptable to
the City, and Developer shall, upon request of the City, immediately file the
same with the Anoka County Recorder's Office.
C. Erosion Control. Prior to issuance of a land alteration permit for the
Development Property, Developer shall submit to City Representative and
obtain City Representative's written approval of Stormwater Pollution
Prevention Plan ( SWPPP) for the Development Property. Developer's
SWPPP must meet the Best Management Practices standards set by the
Minnesota Pollution Control Agency and City standards. Developer's
SWPPP shall include all perimeter erosion control features, temporary
stockpile locations, turf restoration procedures, concrete truck washout areas
and any other best management practices to be utilized within the Project.
D. Stormwater Facilities Construction. " Stormwater Facilities" shall include:
detention basins, retention basins, filtration systems (such as rainwater
gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,
curbless parking lot islands, parking lot islands with curb -cuts, traffic islands,
tree box filters, bioretention systems or infiltration trenches), underground
systems (such as media filters, underground sand filters, underground vaults,
sedimentation chambers, underground infiltration systems, pre - manufactured
pipes, modular structures, hydrodynamic separators, and such other similar
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facilities as are necessary for the achievement of stormwater management
objectives as would be accomplished by the above - referenced facilities.
Stormwater Facilities shall be maintained by the Developer during
construction of the Project and for a minimum of two (2) full growing seasons
after completion of the Project to ensure that soil compaction, erosion,
clogging, vegetation loss, channelization of flow or accumulation of sediment
are not occurring, and thereafter by the Owner of the Property. Planting and
maintenance plans, as applicable, for the installation of Stormwater Facilities,
shall be submitted to the City Representative prior to any building permits
being issued for the Project. Developer shall employ a qualified design
professional to monitor construction of the Stormwater Facilities for
conformance to the Minnesota Pollution Control Agency publication entitled
"Minnesota Stormwater Manual" current edition. Maintenance techniques
must be used during construction to protect the infiltration capacity of all
Stormwater Facilities by limiting soil compaction to the greatest extent
possible. This must include delineation of the proposed infiltration system
with erosion control fencing prior to construction; installation of the
infiltration system using low- impact earth moving equipment; and not
allowing equipment, vehicles, supplies or other materials to be stored or
allowed in the areas designated for Stormwater Facilities during construction.
In areas of structural infiltration Developer shall prior to construction of the
infiltration system provide a plan that addresses: (i) construction management
practices to assure infiltration systems will be functional; (ii), erosion control
measures; (iii) infiltration capacity; (iv) performance specifications that the
completed infiltration systems must meet to be considered functional by the
City and (v) corrective actions that will be taken if the infiltration system does
not meet the performance specification. All Stormwater Facilities must be
inspected prior to final grading to ensure that the area is infiltrating as
proposed and to determine if corrective measures are required to allow
infiltration as proposed.
E. Stormwater Facilities Monitoring. Field verification of post - construction
infiltration rates must be provided to the City within 30 days after the first
rainfall event of %2 inch or greater after the Stormwater Facilities become
operational. If infiltration rates are less than what was proposed to the City
Representative in the planting and maintenance plans referenced in Section
9.15(B) hereof, a plan to restore adequate infiltration must be provided within
90 -days of the field verification test. The work required to bring the
Stormwater Facilities into compliance must be implemented within 60 days of
City approval of the plan. Pervious surfaces shall be stabilized with seed and
mulch or sod and all impervious surfaces must be completed prior to final
grading and planting of the Stormwater Facilities. If requested, Developer
shall grant to any watershed district with jurisdiction over the Development
Property (including the Mississippi Watershed Management Organization),
easements relating to the maintenance and monitoring of the Stormwater
Facilities, in form and substance as is customary for such easements.
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F. Public Art. The Development Plans include areas designated for public art,
including functional objects such as bike racks, at the Northeast corner of the
intersection of 47th Avenue Northeast and Grand Avenue Northeast. All
pieces shall be original artwork created specifically for the site. Prior to
selection of functional art objects or public art pieces, Developer shall obtain
approval of the same by the City Representative or its designee, such approval
not to be unreasonably withheld, conditioned or delayed. Public art projects
shall not exclusively include artwork done by a project architect, landscape
architect, engineer or other member of the project team. Developer's
obligations to pay for any public art required hereunder shall not exceed the
amount set forth on Exhibit C attached hereto. The original artwork cost does
not include the cost for bike racks in the public art areas.
G. Crosswalks. Developer shall be responsible for the cost of construction of
two (2) crosswalks located at 47th Avenue Northeast and Grand Avenue
Northeast, and two (2) crosswalks located at the south entrance to the Property
with connection to the "Pocket Park." The crosswalks shall be in locations
approved by the City Representative.
H. Monument Signs. Developer shall be responsible for the cost of construction
of two (2) monument signs, one of which will read "Grand Central Flats" and
the other of which will read "Grand Central Neighborhood," each in locations
shown on the Development Plans or otherwise approved by the City
Representative.
9.16. RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all
Developer Improvements and all Developer Public Improvements, and upon the
expiration of the two -year warranty period set forth in Section 4.1(F) hereof, the
Developer may submit to the City a draft release of this Development Contract for
review and approval by the City's attorney.
728049 -0
[SIGNATURES TO APPEAR ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties have executed this Development Contract as of
November 27, 2017.
CITY:
CITY OF COLUMBIA HEIGHTS
a Minnesota municipal corporation
:
Donna Schmitt, Mayor
Walter Fehst, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of November,
2017, by Donna Schmitt and by Walter Fehst, respectively being the Mayor and City Manager of
the City of Columbia Heights, a Minnesota municipal corporation, who executed the foregoing
instrument on behalf of said municipal corporation.
Notary Public
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IN WITNESS WHEREOF, the parties have executed this Development Contract as of
November 27, 2017.
DEVELOPER & OWNER:
COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES 1I1, LLLP
a Minnesota limited liability limited partnership
By: Columbia Heights Leased Housing Associates III, LLC
a Minnesota limited liability company
Its: General Partner
BY:
Name: Owen Metz
Its: Authorized Representative
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of November,
2017, by Owen Metz, the Authorized Representative of Columbia Heights Leased Housing
Associates III, LLC, a Minnesota limited liability company, which is the General Partner of
Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited
partnership, who executed the foregoing instrument on behalf of said limited liability limited
partnership.
THIS INSTRUMENT DRAFTED BY:
Keith Dahl
Economic Development Manager
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421
763/706 -3674
11:
Notary Public
Barna, Guzy, and Steffen, Ltd.
City Attorney
Thomas R. Wentzell, Esq.
200 Coon Rapids Boulevard
Suite 400
Coon Rapids, MN
763/783 -5116
108
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in Anoka County, Minnesota, legally described as follows:
Lots 1 and 2, Block 1, Grand Central Lofts, Anoka County, Minnesota.
Outlot A, Grand Central Lofts, according to the recorded plat thereof, Anoka County, Minnesota.
m
EXHIBIT B
LIST OF DEVELOPMENT PLANS
Those certain plans, specifications, and design drawings prepared by BKV Group and
submitted to the City Council on September 29, 2017, consisting of 25 pages and titled
"Columbia Heights Family Apartments — 09/29/2017 — City Council Submission," which plans
were approved by the City Council on October 9, 2017.
110
EXHIBIT C
DEVELOPER PUBLIC IMPROVEMENTS AND REQUIRED ESCROW
Improvements and Escrow Items
ITEM
COST
Site Erosion Control /Restoration
$12,500
Landscaping and Screening (per Section 9.12)
$118,750
Stoimwater Retention System
$31,250
Grand Avenue On- Street Parking
$15,625
Public Art on 47th and Grand Avenue
$1,875
Monument Signs "Grand Central Flats" and
"Grand Central Neighborhood"
$22,500
Crosswalks
$4,375
TOTAL COST AND ESCROW AMOUNT:
$206,875
*The Developer Public Improvements shall be completed within twenty -four (24) months
following the date of this Development Contract.
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EXHIBIT D
PARK DEDICATION CALCULATION
Park Dedication Fee = $1,500 x 148 residential units = $222,000
112
F.X14TBTT F.
FORM OF MAINTENANCE AGREEMENT
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made on this 27th day of
November, 2017, by and between Columbia Heights Leased Housing Associates III, LLLP, a
Minnesota limited liability limited partnership ( "Owner ") and the City of Columbia Heights, a
municipal corporation under the laws of the State of Minnesota (the "City ") (Owner and City are
sometimes hereinafter, collectively, the "Parties ").
WITNES SETH:
WHEREAS, the Parties have entered into a Development Contract for Grand Central
Flats (the "Development Contract ") dated as the 27th day of November, 2017, relating to the
construction and development of a multi - family apartment complex by Owner, on the real
property owned by Owner, located at 1069 Grandview Way and 4729 Grand Avenue NE,
Columbia Heights, Minnesota and legally described on Exhibit A attached hereto (the
"Property ");
WHEREAS, pursuant to the Development Contract, certain on- street parking will be
located along the eastern side of Grand Avenue Northeast between 47th Avenue Northeast and
Grandview Court Northeast, in the location depicted and identified as "Fourteen (14) Parallel
Parking Stalls" on Exhibit B attached hereto (the "Street Parking "), and Owner will be
responsible for the maintenance and repair to, and snow removal from, such Street Parking; and
WHEREAS, pursuant to the Development Contract, the Parties have agreed to enter into
this Agreement, to provide for such maintenance and repair to, and snow removal from, the
Street Parking in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the Parties hereto and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1. Design and Construction. Owner, at Owner's sole cost and expense, will be
responsible for the design, construction and installation of the Street Parking, in accordance with
the "Development Plans" (as that term is defined within the Development Contract) or as
otherwise approved in writing by the City. Owner shall obtain all permits and approvals that are
required by the City in connection with the construction and installation of the Street Parking,
and the City shall inspect the work to confirm that it is in conformity with City street parking
standards.
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2. Maintenance. Once the Street Parking has been constructed, and during the term
of this Agreement, Owner will be responsible, at its sole cost and expense, for the routine
maintenance, repair, replacement and restoration of the Street Parking. Without limiting any of
the foregoing, specifically included in Owner's obligations under this section related to the Street
Parking are snow removal, asphalt and curb repair and replacement, striping and restriping of
parking spaces, and the maintenance of any signs within or serving the Street Parking.
3. License. The City hereby grants Owner, its assigns, contractors and employees, a
license to access the Street Parking for purposes of carrying out its obligations under the terms of
this Agreement.
4. Right to Perform. Without limiting any other provision of this Agreement, if
Owner is in continuing default with respect to its obligations to maintain the Street Parking in
accordance this Agreement, the City shall have the right, but not the obligation, to cure such
default by the payment of money or the performance of some other action, subject to
reimbursement of such expense by Owner; provided, that the City, acting in good faith, shall
have the right to cure such default upon such advance notice to the Owner as is reasonably
possible under the circumstances or, if necessary in the case of emergency, without advance
notice, so long as notice is given as soon as possible thereafter. In the event the City shall cure a
default, the Owner shall reimburse the City for all reasonable out -of- pocket costs and expenses
incurred in connection with such curative action, plus (i) ten percent (10 %) thereof as
compensation for administration, overhead and other non - out -of- pocket costs, and (ii) interest at
the an interest rate equal to the lesser of (y) the "Prime Rate" in the Wall Street Journal under the
heading Money Rates, plus 4 %, and (z) the maximum lawful rate of interest, within ten (10) days
of receipt of demand, together with reasonable documentation supporting the expenditures made.
In the alternative, the City may in whole or in part, specially assess against the Property any of
the costs and expenses incurred by the City under this Section; and the Owner hereby waives any
and all procedural and substantive objections to the performance of the City's work hereunder
and the special assessment resulting therefrom.
5. Notices. All notices required or permitted to be given hereunder shall be given in
writing. A notice or other communication shall be deemed to have been given and shall be
effective, (i) if delivered by hand, when physically received by the party to whom notice is being
delivered, or upon such party's refusal to accept delivery, or (ii) if delivered by an overnight
delivery service or by United States certified mail, on the date such notice or other
communication is deposited with the overnight delivery service or deposited in the U.S. mail
postage prepaid addressed to the other party, whichever occurs earlier. As of the date of this
Agreement, the notice addresses for the Parties are as follows:
City: City of Columbia Heights
Attention: City Manager
590 40th Avenue N.E.
Columbia Heights, MN 55421
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Owner: Columbia Heights Leased Housing Associates IJI, LLLP
c/o Owen Metz, Authorized Representative
2905 Northwest Blvd., Suite 150
Plymouth, Minnesota 55441
with copy to: Winthrop and Weinstine
Attn: John Nolde
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
6. Successors and Assigns. The obligations of Owner hereunder shall run with the
Property. This Agreement shall be binding upon and inure to the benefit of Owner and the City
and their respective successors and assigns.
7. Severability. If any provision of this Agreement is invalid or unenforceable, such
provision, if feasible, shall be deemed to be modified to be within the limits of enforceability or
validity; if, however, the offending provision cannot be so modified, it shall be stricken and all
other provisions of this Agreement in all other respects shall remain valid and enforceable.
8. Headings. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
9. Entire Agreement; Amendment. This Agreement, including the Exhibits,
contains the entire agreement between the parties pertaining to the subject matter hereof and
fully supersedes all prior written or oral agreements and understandings between the parties
pertaining to such subject matter. This Agreement shall not be modified, amended,
supplemented or revised, except by a written document signed by both parties.
10. Recitals /Exhibits. The above recitals are true and correct and constitute an
integral part of this Agreement. All exhibits referred to in and attached to this Agreement are
incorporated in and made a part of this Agreement.
11. Controlling Law. This Agreement shall be construed, performed and enforced in
accordance with the laws of the State of Minnesota.
12. Counterpart Signatures. This Agreement may be executed simultaneous in two
or more counterparts, each of which shall be deemed an original, and all of which together shall
constitute on and the same instrument.
[Signatures to appear on following page]
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115
IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement as of
November 27, 2017.
CITY:
CITY OF COLUMBIA HEIGHTS
a Minnesota municipal corporation
Donna Schmitt, Mayor
By:
Walter Fehst, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of November,
2017, by Donna Schmitt and by Walter Fehst, respectively being the Mayor and City Manager of
the City of Columbia Heights, a Minnesota municipal corporation, who executed the foregoing
instrument on behalf of said municipal corporation.
Notary Public
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116
IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement as of
November 27, 2017.
OWNER:
COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP
a Minnesota limited liability limited partnership
By: Columbia Heights Leased Housing Associates III, LLC
a Minnesota limited liability company
Its: General Partner
By:
Name: Owen Metz
Its: Authorized Representative
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of November
2017, by Owen Metz, the Authorized Representative of Columbia Heights Leased Housing
Associates III, LLC, a Minnesota limited liability company, which is the General Partner of
Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited
partnership, who executed the foregoing instrument on behalf of said limited liability limited
partnership.
THIS INSTRUMENT WAS DRAFTED BY:
Barna, Guzy & Steffen Ltd. (TRW)
400 Northtown Financial Plaza
200 Coon Rapids Blvd.
Coon Rapids, MN 55433
Telephone: (763) 780 -8500
E -5
Notary Public
117
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in Anoka County, Minnesota, legally described as follows:
Lots 1 and 2, Block 1, Grand Central Lofts, Anoka County, Minnesota.
Outlot A, Grand Central Lofts, according to the recorded plat thereof, Anoka County, Minnesota.
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EXHIBIT B
DEPICTION OF PARKING AREA
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