Loading...
HomeMy WebLinkAbout11-13-2017OFFICIAL 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 City Council Minutes November 13, 2017 Page 2of16 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, City Council Minutes 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. City Council Minutes November 13, 2017 Page 4 of 16 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 City Council Minutes November 13, 2017 Page 5 of 16 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 far 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. City Council Minutes November 13, 2017 Page 6 of 16 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. �aptbmunv_ 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: City Council Minutes November 13, 2017 Page 7 of 16 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. City Council Minutes November 13, 2017 Page 8 of 16 (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 City Council Minutes November 13, 2017 Page 9 of 16 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. City Council Minutes November 13, 2017 Page 10 of 16 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. 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 City Council Minutes 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. City Council Minutes November 13, 2017 Page 12 of 16 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 City Council Minutes November 13, 2017 Page 13 of 16 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 City Council Minutes November 13, 2017 Page 14 of 16 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 City Council Minutes 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. 6.03 The 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 1. 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. City Council Minutes November 13, 2017 Page 16 of 16 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.