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HomeMy WebLinkAbout04-09-2018 CCP1 N Columbia Heights *Ifflerita CRY I s 2016 CALL TO ORDER /ROLL CALL -CH. COLUMBIA HEIGHTS www.columblaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 590 40th AVE NE MONDAY, APRIL 9, 2018 7:00 PM INVOCATION - Invocation provided by Matt Hinton, Heights Church 3. PLEDGE OF ALLEGIANCE Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst 4. MISSION STATEMENT 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 pg 4 A. Presentation of Citizen Awards to Deundra Rashawn Roberson, Jamario Deundra Roberson, and Deundra Roberson B. St. Matthew Community Theater Day Proclamation C. Arbor Day Proclamation D. National Library Week Proclamation E. Prayer Breakfast Proclamation F. Eat up the Debt announcement from Community Grounds Coffee Shop 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council pg 8 MOTION: Move to approve the minutes of the City Council meeting of March 26, 2018 B. Accept Board and Commission Meeting Minutes pg 14 MOTION: Move to accept the Planning & Zoning Commission minutes from February 7, 2018 pg 20 MOTION: Move to accept the EDA commission minutes from February 5, 2018 City of Columbia Heights City Council Agenda April 9, 2018 Page 2 MOTION: Move to accept the EDA commission minutes from March 26, 2018 pg 45 MOTION: Move to accept the Library Board minutes from March 21, 2018 pg 52 pg 55 C. Resolution 2018 -16 Approving Plans and Specifications and Ordering Advertisement for Bids for 2018 State Aid Street Rehabilitation, City Project 1805 MOTION: Move to waive the reading of Resolution 2018 -16, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -16 approving Plans and Specifications and ordering Advertisement for Bids for 2018 State Aid Street Rehabilitation, City Project 1805. D. Adopt Resolution 2018 -17 being a Resolution Accepting Bids and Awarding a Contract for the 2018 Miscellaneous Concrete Repairs and Installations, City Project 1800 pg 57 MOTION: Move to waive the reading of Resolution 2018 -17, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -17 being a Resolution accepting bids and awarding the 2018 Miscellaneous Concrete Repairs and Installations, City Project No. 1800, to Standard Sidewalk, Inc., based upon their low, qualified, responsible bid in the amount of $35,074.00 from Fund 415 - 51800 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. E. Adopt Resolution 2018 -18 Awarding Seal Coating and Resolution 2018 -19 Awarding Street Striping MOTION: SEAL COATING: Move to waive the reading of Resolution 2018 -18, there being ample copies available 60 available to the public. MOTION: Move to adopt Resolution 2018 -18, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2018 Seal Coating Project to Pearson Bros. Inc. based upon their low, qualified, responsible bid in the amount of $1.37 per gallon of emulsion and $0.79 per square yard of FA -2 aggregate (local streets) with an estimated cost of $54,660 to be appropriated from Fund 415 - 51701 -4000. MOTION: STREET STRIPING: Move to waive the reading of Resolution 2018 -19, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -19, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2018 Street Striping Project to Sir Lines -A -Lot, Inc. based upon their low, qualified, responsible bid in the amount of $20.00 per gallon for Street Markings and $99.50 per gallon for Street Symbol Markings with an estimated cost of $3,370 to be appropriated from Fund 212- 43190 -4000 and $655 to be appropriated from Fund 101 - 43170 -4000. F. Central Avenue Median Feasibility Report pg 64 MOTION: Move to accept the Feasibility Report for Central Avenue median treatments, 47th to 49th Avenues. G. Designate Temporary "No Parking" on the 39th Avenue Right of Way from Roundabout to pg 81 Central Avenue MOTION: Move to designate "No Parking" within the 39th Avenue 60' right -of -way from the roundabout to Central Avenue between April 23 and June 20, 2018. pg 85 H. Development Contract for the Holy Spirit Association for the Unification of World Christianity City of Columbia Heights April 9, 2018 City Council Agenda Page 3 MOTION: Move to waive the reading of Resolution No. 2018 -20, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2018 -20, being a resolution authorizing the execution of the Development Contract between the Holy Spirit Association for the Unification of World Christianity and the City of Columbia Heights. I. Approve Business License Applications pg 128 MOTION: Move to approve the items as listed on the business license agenda for April 9, 2018. J. Review of Bills pg 130 MOTION: Move that in accordance with Minnesota Statutes the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $ 769,273.48. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager Report of the City Attorney 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 Kelli Bourge 's, Human Resources Director /Assistant to the 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@columbiaheightsmn.eov, to make arrangements. PROCLAMATION WHEREAS, Twenty -five years ago, a small band of singers and actors from St. Matthew Lutheran Church presented their first spring musical, a show written and directed by local middle school teacher, Keith Roberts, and WHEREAS, as the word spread about this effort, the group grew to include children and teens from local schools, adults from the community, and within two years, Broadway musicals were being staged, and WHEREAS, the St. Matthew Community Theater has upwards of 80 people auditioning for yearly shows, drawing participants from the Twin Cities and beyond, including a wide range of ages, from kindergarteners into those age 70 and beyond, and WHEREAS, they offer family - friendly shows for our community, including Beauty and the Beast, The Wizard of Oz, Seven Brides for Seven Brothers, Fiddler on the Roof, and The Sound of Music, and WHEREAS, the Spring 2018 production will be Joseph and the Amazing Technicolor Dreamcoat, and WHEREAS, through these productions, many people have their very first stage experience, and have gained confidence in acting, singing, dancing, and technical work with sound, lighting, building, and painting, and WHEREAS, performance skills are sharpened in a warm and welcoming environment, and "community" is built as people not only work together, but are also cared for throughout the rehearsal process, and WHEREAS, the group provides service to the larger community with weekly non - perishables collected for SACA as well as food packing events with Feed My Starving Children. NOW, THEREFORE, be it resolved that I, Donna Schmitt, Mayor of the City of Columbia Heights, proclaim April 26, 2018 St. Matthew Community Theater Day Dated this 9th day of April, 2018 Donna Schmitt, Mayor PROCLAMATION ARBOR DAY -ARBOR MONTH I L4 WHEREAS: Trees and forest soils keep our lakes and streams clean by absorbing and filtering pollutants and sediments; and WHEREAS: Forest soils prevent flooding and reduce stormwater by capturing and storing rainwater and snowmelt, which is then slowly released to our lakes, streams, and groundwater; and WHEREAS: Careful management of our forests is one of the best ways to protect drinking water and reduce the cost of water treatment; and WHEREAS: Sound management of forested public lands surrounding the ,..�$ Mississippi River ensures clean drinking water for more than one million Minnesotans; and WHEREAS: About three - quarters of Minnesotans get their drinking water from the forested parts of the state; and ; . WHEREAS: Planting trees is a natural and easy way to keep our water clean; and WHEREAS: The last Friday in April, and throughout the month of May, Minnesotans pay special tribute to our trees as natural resources and rededicate ourselves to the vitality of our forests. NOW, THEREFORE, I, Donna Schmitt, Mayor of Columbia Heights, Minnesota, do hereby proclaim Friday, April 27, 2018 as: ARBOR DAY And, the month of May 2018, as Arbor Month in the City of Columbia Heights, DATED: This 9th day of April, 2018 Mayor Donna K. Schmitt 6 F,Ir►JrW IB 5 CH COLUMBIA HEIGHTS City of Columbia Heights I Library] 3939 Central Ave NE, Columbia Heights, MN 55421 - Ph: 763 - 706 -3690 - www.columbiaheightsmn.gov National Library Week April 8 -14, 2018 WHEREAS, libraries are not just about what they have for people, but what they do for and with people; WHEREAS, libraries have long served as trusted and treasured institutions, and library workers and librarians fuel efforts to better their communities, campuses and schools; WHEREAS, librarians are leaders in their institutions and organizations, in their communities, in the nation and in the world; WHEREAS, librarians continue to lead the way in leveling the playing field for all who seek information and access to technologies; WHEREAS, libraries and librarians look beyond their traditional roles and provide transformative opportunities for education, employment, entrepreneurship, empowerment and engagement, as well new services that connect closely with patrons' needs; WHEREAS, libraries and librarians lead their communities in innovation, providing STEAM programing, Makerspaces and access and training for new technologies; WHEREAS, libraries are pioneers supporting democracy and effecting social change, with a commitment to providing equitable access to information for all library users regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio- economic status; WHEREAS, libraries lead in working with diverse communities, including people of color, immigrants and people with disabilities, offering services and educational resources that transform communities, open minds and promote inclusion and diversity; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week. NOW, THEREFORE, be it resolved that I, Donna Schmitt, Mayor of the City of Columbia Heights, proclaim National Library Week, April 8 -14, 2018. 1 encourage all residents to visit the library this week and explore what's new at your library, and engage with your librarian. Because of you and our library leaders, Libraries Transform. Dated this 9th day of April, 2018. Donna Schmitt, Mayor COLUMBIA HEIGHTS INTERFAITH PRAYER BREAKFAST COLUMBIA HEIGHTS, MINNESOTA WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, ft WHEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Interfaith Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights," calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: 0, hold these truths to be self - evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men..." NOW, THEREFORE, I, Donna Schmitt, Mayor of Columbia Heights, do hereby proclaim Tuesday, May l, 2o18, as the date of the Columbia Heights Interfaith Prayer Breakfast. Donna Schmitt, Mayor 1�% P-N n4n� -111, di, CT( OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 26, 2018 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday March 26, 2018 the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Council President Novitsky called the meeting to order at 7:05 p.m. Present: Council President Novitsky, Councilmember Williams, Councilmember Buesgens, and Councilmember Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kelli Boureois; Human Resources Director /Assistant to the City Manager, Gary Gorman; Fire Chief, Lenny Austin; Police Chief, Terry Nightingale; Police Officer, Joe Hogeboom; Community Development Director, Keith Dahl; Economic Development Manager, and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Linda McCollough, Community United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Council President Novitsky 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. 5. APPROVAL OF AGENDA Council President Novitsky announced the following addition to the Agenda: p Addition of 6B. Proclamation for Youth Art Month 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 A. Officer Terry Nightingale proclamation Council President Novitsky read the proclamation and presented it to Officer Nightingale. B. Legislative Update from Senator Carolyn Laine and Representative Mary Kunesh - Podein Senator Laine provided legislative updates on Tax Conformity, a Sexual Misconduct Bill and the MNLARS Systems upgrades. Representative Kunesh - Podein gave an update on the Governors Bill; including The Safe & Secure Schools Act, and Funding for Early Childhood Education. Kunesh - Podein has been working on two bills, Jake's Bill and "Girls United." Jake's Bill provides for curriculum to be made available to schools, providing awareness of opioid addiction. Girls United will provide programming for sex trafficking awareness. Kunesh - Podein reported a bonding request for a crosswalk on Central Ave was submitted, she will keep the council informed. City Manager Walt Fehst asked if there was any news on the elimination of fiscal disparities. Senator Laine City Council Minutes March 26, 2018 Page 2 of 6 stated it is unlikely that fiscal disparities will be eliminated. C. Youth Art Month Proclamation Councilmember Buesgens read the proclamation. 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 March 12, 2018 MOTION: Move to approve the minutes of the City Council Special Work Session of March 12, 2018 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Library Board minutes from February 7, 2018 C. Consideration of Appointments to various Advisory Commissions MOTION: Move to appoint volunteers to serve on various commissions as recommended. D. Consideration of a Resolution approving Subordination Agreement related to loans made by the City to finance Columbia Court Town Homes. MOTION: Move to waive the reading of Resolution 2018 -14, there being ample copies available to the public. MOTION: Move to approve Resolution 2018 -14, a resolution approving the subordination agreement related to loans made by the City of Columbia Heights to finance the Columbia Court Townhomes. E. Consideration of a Resolution authorizing an amendment to the Fiscal Year 2018 Planning & Inspections Fund Budget. MOTION: Move to waive the reading of Resolution 2018 -15, there being ample copies available to the public. MOTION: Move to approve Resolution 2018 -15, a resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing an amendment F. Keyes Park Bid Award: Add Alternate #1 MOTION: Accept the bid for Add Alternate #1, McCleod Avenue sidewalk, in the amount of $38,011 for a revised contract award of Keyes Park Improvement Project, City Project No. 1610, to Odesa II LLC of Sauk Rapids, Minnesota in the amount of $490,821.50 with funds for Add Alternate #1 to be appropriated from Fund 430 - 51610; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. G. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for March 26, 2018, in that they have met the requirements of the Property Maintenance Code. City Council Minutes March 26, 2018 Page 3 of 6 H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 26, 2018. I. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $828,279.76. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to approve the Consent Agenda items as presented. All Ayes, Motion carried. S. PUBLIC HEARINGS A. Public Hearing to Consider Revocation of Rental Licenses for 4625 and 4633 Tyler Street NE. City Attorney Jim Hoeft explained that the City has been working with the landlord for quite a while, progress was slow. The landlord has been working with an Attorney, and things have been moving in the right direction. Hoeft recommended tabling the item until the June 11 meeting, to allow things to continue to progress. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to table the public hearing to consider the revocation of rental licenses at 4625 and 4633 Tyler Street NE until the City Council meeting of June 11, 2018. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Buesgens attended the HeightsNext movie night; "Clean Bin Project," the HeightsNext clean- up committee meeting, Hilltop City Council meeting to learn about a future project, a landlord meeting, "The Legends" ribbon cutting, a lecture on Birdscaping, the League of Minnesota Cities legislative conference, the Bridgeview Chili Cook -off, the community dinner at First United Methodist Church, the state championship basketball game, the pep fest as the school, and the boosters fundraiser at Sarnas. Councilmember Murzyn, Jr. attended "the Legends" ribbon cutting, and the Bridgeview Chili Cook -off. Council President Novitsky attended the MAC meeting, where Anoka County Sherriff Tony Palumbo provided updates on the jail and courthouse, and implicit bias training. The Chili Cook -off and egg hunt were attended. The Booster meeting and Lion's meeting were also attended. 11. CITIZENS FORUM Diana Teigland -4630 Jefferson St NE reported that recently a car went off the road, and crashed into the front of her house. She requested the council look at ways to improve the area to prevent this from happening in the future. 10 City Council Minutes March 26, 2018 Page 4 of 6 Greg Teigland -4630 Jefferson St NE explained the driver was headed west on 46 %, and became airborne over the southbound lane of Jefferson. City Manager Fehst stated he will look into this, and will talk with both the Police Chief and the Public Works Director. Councilmember Murzyn, Jr. suggested making 46 % a one -way east bound street. Councilmember Buesgens recommended considering a stronger barrier, even of the road is changed to one way. Malcolm Watson -1717 49th Ave NE announced a fundraiser for the Kiwanis will take place on May 12th at Sullivan Lake. 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adjourn. All Ayes, Motion carried. Meeting adjourned at 8:09 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION 2018 -14 RESOLUTION APPROVING SUBORDINATION AGREEMENT RELATED TO LOANS MADE BY THE CITY TO FINANCE COLUMBIA COURT TOWN HOMES WHEREAS, Columbia Heights Transition Block LLC, a Minnesota limited liability company (the "Developer "), the Columbia Heights Economic Development Authority (the "Authority "), and the City of Columbia Heights, Minnesota (the "City") are parties to a Preliminary Development Agreement, dated October 19, 2000 (the "Original Contract "); and WHEREAS, the Original Contract contemplated that the Developer would transfer fee ownership of a parcel of land in the City (the "Land ") to Columbia Heights Housing Limited Partnership I, a Minnesota limited partnership (the "Borrower "), and that the Borrower would enter into a Definitive Development Agreement (as defined in the Original Contract) for the development and construction of a 22 -unit affordable rental complex (the "Project ") on the Land; and WHEREAS, the Developer and the Authority entered into that certain Contract for Private Development, dated March 23, 2001 (the "Contract "), which Contract is the Definitive Development Agreement contemplated by the Original Contract, pursuant to which the Developer agreed to develop and construct the Project on the Land and the Authority agreed to provide public assistance to the Developer in connection with the Project; and WHEREAS, the Developer conveyed the Land to the Borrower, and thereafter the Borrower developed and constructed the Project; and WHEREAS, in accordance with the Contract, the Developer obtained additional financing, including a 11 City Council Minutes March 26, 2018 Page 5 of 6 mortgage and other forms of financing, sufficient to complete the construction of the Project and certain financing documents were delivered to the Developer, including but not limited to the LCA Loan Agreement and the CDBG Loan Agreement (each as hereafter defined); and WHEREAS, pursuant to a grant agreement between the Metropolitan Council and the City, the City received from the Metropolitan Council certain grant funds created under Minnesota Statutes, Section 473.251, as amended (the "Metropolitan Livable Communities Fund "), intended in part to facilitate development of the Project; and WHEREAS, from the grant funds provided by the Metropolitan Council, the City provided a loan of $100,000 (the "LCA Loan ") to the Borrower pursuant to a Loan Agreement (Livable Community Act Funds), dated March 23, 2001 (the "LCA Loan Agreement "), between the Borrower and the City, in order to provide additional financing for the Project; and WHEREAS, to evidence the LCA Loan, the Borrower issued its promissory note to the City, dated March 23, 2001 (the "LCA Note "); and WHEREAS, from the grant funds provided by the United States Department of Housing and Urban Development Community Block Grant Program, the City provided a loan of $231,000 (the "CDB Loan ") to the Borrower pursuant to a Loan Agreement (Community Development Block Grant Funds), dated March 23, 2001 (the "CDB Loan Agreement "), between the Borrower and the City, in order to provide additional financing for the Project; and WHEREAS, to evidence the CDB Loan, the Borrower issued its promissory note to the City, dated March 23, 2001 (the "CDB Note "); and WHEREAS, the Borrower is in the process of refinancing the debt incurred to finance the construction of the Project whereby the Federal Home Loan Mortgage Corporation, a shareholder -owned government sponsored enterprise ( "Freddie Mac ") has committed, subject to certain conditions, to facilitate the financing of the Project by purchasing a loan made by NorthMarq Capital, LLC (the "Lender ") to the Borrower in the approximate amount of $1,825,000 to refinance the Project; and WHEREAS, in conjunction with the refinancing of its debt related to the Project, the Borrower has requested that the interests of the City in the LCA Loan Agreement and LCA Note and the CDB Loan Agreement and CDB Note be subordinated to the Lender's interests with respect to the refinancing debt; and WHEREAS, there has been presented before the City Council a form of Subordination Agreement — Governmental Entity (the "Subordination Agreement "), between the Lender and the City; and WHEREAS, the City Council has reviewed the Subordination Agreement and finds that the execution of the same are in the best interest of the City and of its residents. NOW, THEREFORE, be it resolved by the City Council of the City of Columbia Heights as follows: 1. The Subordination Agreement, as presented to the City, is hereby approved in all respects for execution by the City, subject to modifications that do not alter the substance of the transaction and that are approved by the 12 City Council Minutes March 26, 2018 Page 6 of 6 Mayor and City Manager of the City, provided that execution of such documents by such officials shall be conclusive evidence of their approval. 2. The Mayor and City Manager of the City are hereby authorized to execute and deliver any and all documents deemed necessary to carry out the intentions of this resolution. 3. This resolution shall take effect and be in full force from and after its approval. RESOLUTION 2018 -15 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2018 PLANNING & INSPECTIONS FUND BUDGET. BE IT RESOLVED, by the City Council (the "Council ") for the City of Columbia Heights (the "City') as follows: WHEREAS, the City Council approved Resolution 2017 -130, a resolution which subsequently adopted the initial Fiscal Year 2018 Planning & Inspections Fund budget; and WHEREAS, certain revenues and expenditures of the Planning & Inspections Fund budget will exceed the amount initially adopted; and WHEREAS, it is necessary to increase the Planning & Inspections Fund budget to reflect the additional activity not originally anticipated for prior to the approval of Resolution 2017 -130; and WHEREAS, the Community Development Organizational Chart reflects changing needs for development services in the City. 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 Fiscal Year 2018 Planning & Inspections Fund budget 201.42400 is amended to increase both revenues and expenditures in the amount of $40,000.00, and the Community Development Organizational Chart is hereby adopted. 13 MINUTES OF PLANNING AND ZONING COMMISSION FEBRUARY 7, 2018 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Novitsky, Fiorendino, Hoium, Schill, and Szurek Also present were Elizabeth Holmbeck (Planner), Keith Dahl (Economic Development Manager), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). Motion by Fiorendino, seconded by Schill, to approve the minutes from the meeting of December S, 2017. All ayes. MOTION PASSED. OTHER BUSINESS CASE NUMBER: NA APPLICANT: NA LOCATION: 4827 University Ave REQUEST: Review Acquisition of 4827 University to Determine if it Conforms to Comprehensive Plan- Resolution 2018 -PZ01 Dahl told members that in July 2017, the Columbia Heights Economic Development Authority (the "EDA ") initiated the Commercial Revitalization Program (the "Program ") with the approval of EDA Resolution 2017- 18, a program which was created to revitalize the commercial corridors throughout the City of Columbia Heights (the "City "), specifically through the acquisition of properties identified as nonconforming under the current zoning code of the City. Nonconforming properties acquired through the Program are held for the purposes of eventual commercial redevelopment. However, pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the "Planning Commission ") in and for the City is required to review and ultimately determine that the proposed acquisition of real property conforms to the Comprehensive Plan of the City. Therefore, the EDA has requested that the Planning Commission review the proposed acquisition of 4827 University Avenue NE, Columbia Heights, MN 55421 (the "Subject Property ") to determine if its acquisition conforms to the Comprehensive Plan of the City. Dahl explained that this property is zoned Limited Business (LB). He told members that as these non- conforming residential structures are purchased they will either be demolished or moved to another location if economically feasible. The property will then be held for future commercial development. COMPREHENSIVE PLAN The proposed acquisition of the Subject Property responds to several goals and policies adopted in the Comprehensive Plan of the City, specifically in Chapter 2: Land Use and Chapter 4: Economic Development. Below are the specific goals and policies from the Comprehensive Plan that directly and indirectly correlate to the conformity of the proposed acquisition. Resolution 2018 -PZO1 14 P & Z Commission Minutes Page 2 February 7, 2018 LAND USE AND REDEVELOPMENT Goal. Preserve and enhance the existing viable commercial areas within the community. Goal. Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the community. ECONOMIC DEVELOPMENT Goal. Enhance the economic viability of the community. 1. Encourage the continuation and enhancement of existing industries within the community. 2. Rehabilitate, or where necessary, redevelop substandard and/or functionally obsolete commercial development through private means or, if necessary, public means. Goal. Promote reinvestment in properties by the commercial and industrial sectors. 1. Encourage existing industries and businesses to expand within the community. 2. Promote high quality development and redevelopment opportunities within the community. Questions /comments from members: Hoium asked if the property was purchased by someone else besides the City if it could continue to be used as a residential property. Dahl told him that it could continue to be used as a residential use since it is a grandfathered, non - conforming use. However, a building permit to expand the structure would not be given since it is non - conforming. Hoium said the property appears to be in good condition and wonders if the City would be able to re -coup the funds used to purchase it. Dahl explained the background of the property and how the owners approached the City as they wish to divest themselves of it and didn't want to go through a Realtor. Therefore, the City was not competing with offers from other buyers. Hoium asked what the property was worth. Dahl told him the estimated market value for 2018 is $117,000. They wanted $125,000, but staff negotiated it down to $121,000. Motion by Fiorendino, seconded by Schill, to adopt Resolution 2018 -PZ01, a resolution finding that the proposed acquisition of certain land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City of Columbia Heights' Comprehensive Plan. All ayes. MOTION PASSED. RESOLUTION NO.2018 -PZ01 A RESOLUTION FINDING THAT THE PROPOSED ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS' COMPREHENSIVE PLAN. WHEREAS, the Columbia Heights Economic Development Authority (the "Authority ") proposes to purchase certain property (the "Property") located at 4827 University Avenue NE in the City of Columbia Heights (the "City ") and described on the attached Exhibit A, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning and Zoning Commission to review the proposed acquisition or disposal of publicly -owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and P & Z Commission Minutes 15 Page 3 February 7, 2018 WHEREAS, the Planning and Zoning Commission has reviewed the proposed acquisition of the Property, and has determined that the Property is located in an area of the City designated for commercial use within the City's comprehensive plan, that the Authority's purpose is to redevelop the Property consistent with this use, and that the proposed acquisition is therefore consistent with the City's comprehensive plan. NOW, THEREFORE BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights, that the acquisition of the Property by the Authority is consistent with the City's comprehensive municipal plan, and will promote the correction of a nonconforming property and redevelopment consistent with the commercial zoning designation of the Property. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. ORDER OF THE PLANNING AND ZONING COMMISSION Passed this 7th day of February, 2018 Offered by: Fiorendino Seconded by: Schill Roll Call: All ayes Attest: Shelley Hanson, Secretary Marlaine Szurek, Chair EXHIBIT A Description of Property Lot Numbered Twenty -two (22), in Block Numbered Twenty (20), Roslyn Park, Columbia Heights, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for the County of Anoka, State of Minnesota Torrens property Registered property as evidenced by Certificate of Title No. 126192 AND The south half (S 1/2) of Lot 23, Block 20, Roslyn Park, Columbia Heights, according to the recorded plat thereof, and situate in Anoka County, Minnesota. Abstract Property 2. 2040 Comp Plan Update -Mark Koegler and Lance Bernard, HKGI Mark Koegler and Lance Bernard were present to review preliminary drafts of two chapters of the Comprehensive Plan —Land Use and Economic Competitiveness. The drafts build on the material that is currently contained in the 2030 Plan. Koegler explained that the last committee meeting where these two chapters were going to be reviewed was cancelled due to inclement weather, but comments were accepted via email and will now be reviewed at the next meeting scheduled for February 26tH P& Z Commission Minutes 16 Page 4 February 7, 2017 Bernard reviewed the changes that have been made to the Land Use Chapter: 1. Expand the goals and policies to include information related to active and healthy living. 2. Update the concept graphics for 40th and Central to show a potential change in the office building use. 3. Expand the narrative associated with some of the future land use categories to ensure that they are either compatible with the City's current and /or future zoning classifications, as well as the minimum density thresholds established by the Metropolitan Council 4. Add graphics as appropriate from the City Hall site selection study 5. Update the Public Facilities map to reflect the new library location. 6. Add a section on resilience. Bernard provided members with maps of the existing land uses, the 2030 Planned Land Uses, as well as the 2040 Land Use map update. He also provided a map highlighting the changes between the 2030 and 2040 maps to the members. Bernard stated that the Land Use chapter is typically one of the most referenced chapters in the comprehensive plan. HKGI has worked extensively with staff as many of the other chapters are tied to the vision depicted on the Land Use map. He explained that many of the uses shown on the 2030 map have been replaced with what the land use actually is today. Bernard pointed out several other areas that were designated as Industrial, Mixed Use or Transit Oriented Districts on the 2030 map that will now be targeted as Transitional Development. Fiorendino asked if these changes will require amendments to the Zoning Code. Bernard didn't feel zoning amendments would be necessary at this time. Language may be added in the Land Use Chapter of the Plan to further define the land use categories. Bernard told members that the Housing Chapter is still in progress and will be reviewed later this month by the Comprehensive Plan Committee. He then reviewed some of the requirements of the Met Council for the housing section of the Plan. He told members that housing has emerged as the topic of most interest to the Met Council, who will review the Columbia Heights Plan for consistency with regional plans and policies. Koegler told members that we are designated as "Urban Central" that includes, Minneapolis, St. Paul, and most of the inner ring suburbs. This designation requires that any new construction target 20 units /acre of affordable housing units for a total of 133 units. The Met Council establishes the criteria that we must somehow incorporate into our updated Plan. This was primarily due to the fact that until the last few years, no new multi - family projects have been built since the late 1950's and early 1960's. Dahl stated that the construction of the Legends Apt building and the two Apt buildings being constructed at Grand Central will help us meet these goals. Fiorendino asked if there really is a market for more high density housing in Columbia Heights. Koegler said that newer high density housing is in demand, and it is the most cost effective way to develop housing units due to the high cost of construction compared to wages. As stated above, most of the apartment buildings in Columbia Heights are between 50 -60 years old and are dated in style and amenities. P & Z Minutes 17 Page 5 February 7, 2018 Hoium asked why other surrounding suburbs such as St Anthony, Roseville, and Fridley aren't included in the "Urban Center" classification since they could be considered an inner ring suburb. It was unclear exactly how the Met Council designates each City's classification. Szurek was upset by the fact that the Met Council keeps increasing the numbers we are supposed to meet of affordable housing when we have a City that is all built out. She said the City needs more commercial or business properties in order to sustain the viability of our City. She is very frustrated with the demands of the Met Council because it prohibits any efforts by the City to improve itself and make it a more attractive place to live if we are a city of only affordable housing and not a city that has job opportunities. Novitsky concurred and said the best way to rejuvenate the City would be to add businesses, not more affordable housing. Koegler said the City Council was also sensitive to the need to attract more jobs and businesses to the City. The problem is the commercial market is currently over saturated with many vacant sites throughout the metro area, and it is difficult to set future goals based on the existing markets and trends. Bernard stated the Comp Plan tries to identify areas where these visions or specific requirements may be accomplished. It is not written in stone and is a moving target with each update. Fioredino asked why we don't attract more commercial businesses. Koegler said this is a problem that Anoka County as a whole also questions. He said the biggest problem with Columbia Heights is the lack of land available. This City is small and so built up. Companies are going further north so they have acres to build on for distribution centers, medical manufacturing or research facilities, etc. We don't have land worth looking at. Dahl said the only types of businesses we can hope to attract are data centers and small office centers. Koegler then went on to review further aspects of the Chapter on Economic Competitiveness with the members. Staff has worked with HKGI to establish various goals to be included in the updated Comp Plan. 1) Enhance the economic viability of the community by meeting with existing businesses to understand needs and determine if the City can be of assistance, and to develop a revolving loan fund to provide low interest loans for improvements to building structures. 2) Promote reinvestment in commercial and industrial properties by supporting businesses through Chamber of Commerce activities, using fiscal tools to financially support expansion efforts, and to possibly create a grant program to provide funding for building improvements. The City could create an identity for the downtown business area and assist in marketing our businesses through various media options. Providing transit corridors could also enhance business growth. And lastly, we could notify businesses of any federal or state programs that could be of benefit to them. 3) Identify employment opportunities within the community by determining what industries would best fit into specific sites and seek them out. P & Z Minutes 18 Page 6 February 7, 2018 Koegler touched on employment and wage statistics and how we compare to other cities over the past 30 years and what is projected for the next 20 years. The chapter included various statistics on the major employers in Columbia Heights and break downs by industry, household incomes, and commute times to work. Koegler stated that Columbia Heights has advantages such as proximity to downtown, lower costs for space, convenience of parking, historical commercial structures along the Central Avenue corridor, and that some redevelopment has occurred which has improved the image of the corridor. Some of the challenges facing the City is it is not directly connected to the interstate or rail systems. It is hard to distinquish where Columbia Heights ends and Fridley begins. The industrial area is scattered and on small parcels that again are not on visible roadways. The commercial corridor along Central Avenue is made up of small sites that have little depth. Many of these abut residential properties. Koegler said the surprising thing is the residential neighborhoods that abut these properties are fairly strong and kept up well which is unique to Columbia Heights. The biggest challenge is finding the right businesses for these sites. 3. Update on By Laws Change as discussed at the City Council Work Session. Holmbeck told members that the By -laws change was approved by the City Council on January 8, 2018 and the second reading will be February 12, 2018. She explained that the changes will take effect 30 days after the February 12th meeting. She again reviewed the changes with the members that included: 1. Increase the members from 5 to 7 so it is easier to have a quorum. 2. Change the name to just the Planning Commission. 3. Establish the officer positions to Chairperson, Vice Chair, and Secretary /Treasurer. 4. To elect Officers annually. 5. To Change the start time from 7 pm to 6 pm. 6. Establish an attendance requirement (must be present at 75% of the meetings). Schill asked if other commissions are increasing the number of members also. Holmbeck explained that most of the other commissions already have at least 7 members. She went on to tell members that this number is consistent with most other cities in the metro area for their Planning Boards. Holmbeck reminded members that the next Comp Plan Committee meeting is scheduled for February 26th and that HKGI will give an update to the Park and Recreation Commission meeting on February 28th at the new Circle Terrace Community Building. She told members that there will not be a March meeting since no cases have been received. The meeting was adjourned at 8:12 pm. Respectfully submitted, Shelley Hanson Secretary 19 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF FEBRUARY 5, 2018 The meeting was called to order at 6:30 pm by Executive Director, Walt Fehst. Members Present: Murzyn, Schmitt, Buesgens, Williams, Novitsky, and Szurek Members Absent: Herringer Staff Present: Walt Fehst, Keith Dahl, JosephHogeboom, and Shelley Hanson PLEDGE OF ALLEGIANCE - RECITED OATH OF OFFICE - Marlaine Szurek was sworn in for her new term. ELECTION OF OFFICERS- Williams nominated Szurek for President. Schmitt then asked if a motion could be made to keep the same officers as last year. There were no objections to that so the following motion was made. Motion by Williams, seconded by Murzyn, to elect Marlaine Szurek as President of the Economic Development Authority; to elect Donna Schmitt as Vice - President of the Economic Development Authority; to elect Bobby Williams as Treasurer of the Economic Development Authority; and to appoint Keith Dahl as Secretary of the Economic Development Authority; to appoint Shelley Hanson as the Asst Secretary of the Economic Development Authority; and to appoint Joseph Kloiber as Asst Treasurer of the Economic Development Authority. Roll Call: All ayes. MOTION PASSED. President Szurek then took over leadership of the meeting. CONSENT AGENDA 1. Approve minutes of December 4, 2017 2. Approve Financial Report & Payment of Bills for November and December, 2017— Resolution 2018 -01 Questions from Members: There were no questions from members. 20 EDA Minutes Page 2 Feb 5, 2018 Motion by Buesgens, seconded by Murzyn, to approve the Minutes of December 4, 2017, and the Financial Report and Payment of Bills for November and December, 2017 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2018-01 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Months of November and December 2017 and the Payment of the Bills for the Months of November and December, 2017. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of November and December 2017 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this _5th day of February__, 2018 Offered by: Buesgens Seconded by: Murzyn Roll Call: All ayes 21 EDA Minutes Page 3 Feb 5, 2018 BUSINESS ITEMS Ratification of the Purchase Agreement for 4827 University Ave - Resolution 2018 -02 Dahl reminded members that on July 10, 2017, the Columbia Heights Economic Development Authority (the "EDA ") approved Resolution 2017 -18, a resolution which effectively entered the EDA into a Broker Representation Agreement with RE /MAX Synergy. Furthermore, the resolution authorized RE /MAX Synergy and staff to respond to active listings within the City of Columbia Heights (the "City "), and to make fair market value offers of up to $200,000 on properties identified as nonconforming under the current zoning code of the City. If these offers, in the form of a Purchase Agreement, are accepted by a seller, they are subject to ratification by the EDA prior to acquisition of the property. Dahl said that on November 28, 2017, Brian and Sheri Ternes, property owners of 4827 University Avenue NE (the "Subject Property ") contacted staff to determine if the EDA would be interested in purchasing it. Since the Subject Property is nonconforming under current zoning code of the City and because it is located directly adjacent to 4833 University Avenue NE, a property owned by the City, staff worked with RE/MAX Synergy to place an offer on the Subject Property in the amount of $117,000. Brian and Sheri Ternes countered with an offer of $125,000, and after much negotiation agreed upon a sale price of $121,000. Thus, in order to acquire the Subject Property, the EDA is required to review and consider the ratification of said Purchase Agreement, and the Planning and Zoning Commission will also be required to review the proposed acquisition to determine if it conforms to the Comprehensive Plan of the City. Please note: During the title commitment process, and the title examiner's review of the Subject Property, an issue was identified with the deed of conveyance from the previous property owners to Brian and Sheri Ternes. The previous property owners, John and Corrine Ternes filed their deed as tenants in common instead of joint tenants. Since Corrine Ternes passed away before John Ternes conveyed the property to Brian and Sheri Ternes, her interest in the property still remains since the original deed was filed as tenants in common. Brian and Sheri Ternes have agreed to pay for the quiet probate to convey the interest of Corrine Ternes to them so that there is a clean and clear title. This however, may take three months, but to show good faith, staff recommends ratifying the Purchase Agreement, but not closing on the Subject Property until such time that a clear and clean title is obtain. This may require an amendment to extend the date of closing, but that will be addressed at the March EDA meeting if applicable. Staff recommends approval of Resolution 2018 -02 as presented. Questions from members: Williams asked what the plans were for the parcel if we obtain it. Dahl said it would be combined with the parcel to the north that we already own. Both parcels are zoned for commercial use and this would create of lot that has 120 frontage feet versus the 55 foot parcel that is currently owned by the City. Schmitt asked whether we should be approving the purchase now since there are still title issues that must go through Probate Court. `14 EDA Minutes Page 4 Fe 5, 2018 Dahl said that we won't close on the property until such time that the title issues are cleared and that we can still back out of the deal between now and closing if something arises. Szurek asked about other family members that may come forward to put a claim on the property or that would want the terms re- negotiated. Dahl said it is his understanding the other family members recognize Brian and Sheri have full ownership and rights to the property, but if something changes in this regard then the City can change its decision. Motion by Schmitt, seconded by Buesgens, to waive the reading of Resolution 2018 -02, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schmitt, seconded by Novitsky, to adopt Resolution 2018 -02, a resolution ratifying the purchase agreement between the Columbia Heights Economic Development Authority and Brian and Sheri Ternes. All ayes. MOTION PASSED. Buesgens asked if there is a way to ensure this property is kept as commercial and would be sold in the future to a tax paying entity since we have so little commercial left in our city. It was noted that Columbia Heights only has about 5% of its properties used as commercial or industrial. Schmitt noted the City has set precedence in the past of allowing commercial properties to be sold to churches, which then become tax exempt. Fehst said this can be difficult to control and that other cities have been sued when preventing sales to specific groups /uses. Dahl said staff is working on a Zoning Amendment that would create a specific district and criteria for religious establishments. Hogeboom stated that the Land Use map is being re -done for the new Comprehensive Plan that will depict the new Zoning District for Institutional use. This may grant the City more control when they have to approve a new use for a particular property. RESOLUTION NO. 2018-02 RESOLUTION RATIFYING PURCHASE AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND BRIAN AND SHERI TERNES. BE IT RESOLVED BY the Board of Commissioners ('Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: SECTION 1. RECITALS. 1.01. The Authority and Brian and Sheri Ternes (together, the "Seller ") have entered into a purchase agreement (the "Purchase Agreement ") pursuant to which the Authority will acquire certain property in the City of Columbia Heights (the "City ") located at 4827 University Avenue NE (the "Property ") from the Seller for economic redevelopment purposes. The Property is described in Exhibit A attached hereto. 1.02. Pursuant to the Purchase Agreement, the Authority will purchase the Property from the Seller for a purchase price of $121,000 plus related closing costs. 1.03. The Authority finds that acquisition of the Property will result in redevelopment of a nonconforming property, and that such acquisition will facilitate the economic redevelopment and revitalization of this area of the City. 23 EDA Minutes Page 5 Feb 5, 2018 1.04. The Planning and Zoning Commission of the City will review the proposed acquisition of the Property at its regular meeting on February 7, 2018, and the Authority expects that the Planning and Zoning Commission will find that the proposed acquisition conforms to the City's comprehensive plan. SECTION 2. PURCHASE AGREEMENT APPROVED. 2.01. The Authority hereby ratifies and approves the actions of Authority staff and of Re /Max Synergy acting as the Authority's real estate broker ( "Broker ") in researching the Property and preparing and presenting the Purchase Agreement. The Authority approves the Purchase Agreement in the form presented to the Authority and on file at City Hall, subject to the Planning and Zoning Commission's finding that the acquisition of the Property by the Authority conforms to the comprehensive plan of the City, and subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Purchase Agreement by those officials shall be conclusive evidence of their approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Purchase Agreement as a whole, including without limitation execution of any documents to which the Authority is a party referenced in or attached to the Purchase Agreement, and any deed or other documents necessary to acquire the Property from the Seller, all as described in the Purchase Agreement. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 5th day of February, 2018 Offered by: Schmitt Seconded by: Novitsky Roll Call: All ayes President Attest: Assistant Secretary 2. Final Sale Approval of 4641 Tyler St- Resolution 2018 -03 Dahl explained that on November 6, 2017, the Columbia Heights Economic Development Authority (the "EDA ") approved the concept application submitted by Tollberg Homes for the construction of a single family home on the property located at 4641 Tyler Street NE (the "Subject Property "). The Subject Property is part of the Single Family Home Lot Sales Program (the "Program "), which was established in 2015 to stabilize and increase property values throughout the City of Columbia Heights (the "City "), but more specifically within the Heritage Heights Neighborhood. Lot prices for every property within the Program are based upon the most recent Estimated Market Land Value assessed by Anoka County. However, the EDA has reserved the right to review and adjust lot prices periodically provided that sufficient evidence supports the price reduction of the lot. 24 EDA Minutes Page 6 Feb 5, 2018 The Subject Property was assessed by Anoka County to have a 2018 estimated market land value of $38,600. However, after staff reached out to various local real estate agents, it was determine that the market value of the Subject Property still remains lower than the estimated market land value, but it has drastically increased since the construction of several new single family homes in the Heritage Heights Neighborhood. Therefore, staff estimates that the Subject Property would have a market value between $4.00 to $4.50 per square foot or approximately $29,620 to $33,320 based on the square footage of the lot. Dahl reported that earlier this year, the Public Works Department confirmed that there was a water main break at the Subject Property. This resulted in the sewer and water lines being disconnected at the main underneath the public right -of -way in the street. In order for a single - family home to be constructed on the Subject Property, sewer and water connection to the main will be required, and it will cost approximately $4,000. Thus, based on the market value of the Subject Property and the additional costs that will be incurred to connect sewer and water lines, staff estimates that a reasonable offer price for this particular property would be between $25,620 and $29,320. And, that Tollberg Home's offer of $27,500 is about what the EDA could except to sell the Subject Property for. Attached for review by EDA commission members is the Purchase and Redevelopment Agreement for the sale of the Subject Property, specifically the house plan for the Subject Property. The specific house plan may be found in the Purchase and Redevelopment Agreement attached hereto in Exhibit B. Also, it should be noted that staff received the earnest money in the amount of $2,000 and a partially executed Purchase and Redevelopment Agreement. If the EDA approves the final sale tonight, the earnest money will become non - refundable and staff will obtain the necessary signatures at the EDA meeting to fully execute the Purchase and Redevelopment Agreement. If the EDA denies the final sale approval, staff will reimburse the earnest money to Tollberg Homes. Staff recommends final sale approval of 4641 Tyler Street NE as presented. Dahl told members this is the last lot in the scattered site program. uestions by members: Wade Tollefson was present to answer questions. He has paid the $2,000 earnest money and if the sale is approved, that amount is non - refundable. Szurek said she is not happy with the design regarding the size of the porch. Dahl said it does meet the requirements of the program and that it is similar to other homes in the area. Schmitt commented as long as the new owners are happy with the design and it meets the requirements, she is ok with it. Motion by Schmitt, seconded by Buesgens, to waive the reading of Resolution 2018 -03, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schmitt, seconded by Novitsky, to adopt Resolution 2018 -03, a resolution approving the purchase and redevelopment agreement with Tollberg Homes, LLC for the acquisition of 4641 Tyler Street NE, Columbia Heights, MN 55421. All ayes. MOTIONPASSED. 25 EDA Minutes Page 7 Feb 5, 2018 RESOLUTION NO. 2018-03 RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT AGREEMENT WITH TOLLBERG HOMES, LLC. BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: SECTION 1. RECITALS. 1.01. The Authority has previously adopted a program called the Single Family Home Lot Sales Program (the "Program "), and has adopted guidelines in connection with the Program (the "Guidelines "). 1.02. The Authority has received an offer from Tollberg Homes, LLC (the "Buyer ") to purchase certain property included in the Program (the "Property"), described as attached hereto as Exhibit A, and the parties have negotiated a Purchase and Redevelopment Agreement (the "Agreement ") which provides for the conveyance of the Property to the Buyer and the construction by the Buyer of a single - family home on the Property, all pursuant to the Guidelines. 1.03. On the date hereof, the Authority conducted a duly noticed public hearing regarding the conveyance of the Property to the Buyer, at which all interested parties were given an opportunity to be heard. 1.04. The Board has reviewed the Agreement in the form on file at the office of the Executive Director and finds that the execution thereof and performance of the Authority's obligations thereunder, including the conveyance of the Property to the Buyer, are consistent with the Guidelines and in the best interest of the City and its residents. SECTION 2. APPROVAL AND AUTHORIZATION OF AGREEMENT AND CONVEYANCE. 2.01. The Agreement as presented to the Board and the conveyance of the Property provided for therein are hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Agreement by such officials shall be conclusive evidence of approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Agreement as a whole, including without limitation execution of any documents to which the Authority is a party referenced in or attached to the Agreement, and any deeds or other documents necessary to convey the Property to the Buyer, all as described in the Agreement. SECTION 3. EFFECTIVE DATE. This resolution shall be effective upon approval. nunF.R nF F.MNOMiC DEVELOPMENT AUTHORITY Passed this 5th day of February, 2018 Offered by: Schmitt Seconded by: Novitsky Roll Call: All ayes President Attest: ssistant Secretary 26 EDA Minutes Page 8 Feb 5, 2018 PURCHASE AND REDEVELOPMENT AGREEMENT 4641 Tyler Street, Columbia Heights, Minnesota 1. Parties. This Purchase and Redevelopment Agreement is made as of February 5, 2018 between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota having its office located at 590 40TH Avenue NE, Columbia Heights, MN (the "Seller "), and Tollberg Homes, LLC, a Minnesota limited liability company, having its principal office at 1428 5`h Avenue Anoka, MN 55303 (the "Buyer ") (the "Agreement "). 2. Offer /Acceptance. Buyer offers to purchase and Seller agrees to sell real property in Anoka County, Minnesota, legally described as follows (the "Property"): Lot Twenty -five (25) and the South 20 feet of Lot Twenty -six (26), Block Two (2) of Sheffield's Second Subdivision. Check here if part or all of the land is Registered (Torrens) El 3. Acceptance Deadline. This offer to purchase, unless accepted sooner, shall be null and void at 4:30 p.m. on February 6, 2018, and in such event all earnest money shall be refunded to Buyer. 4. Price and Terms. The price for the Property is $27,500.00 ( "Purchase Price ") which Buyer shall pay as follows: nonrefundable earnest money of $2,000 by check, receipt of which is hereby acknowledged by Seller. The balance of the Purchase Price must be paid by certified check or wire transfer on the Date of Closing. The "Date of Closing" shall be no later than April 6, 2018. (60 days from date of this Agreement) 5. Personal Property Included in Sale. There are no items of personal property or fixtures owned by Seller and currently located on the Property for purposes of this sale. 6. Deed. Upon performance by Buyer, Seller shall deliver a quit claim deed conveying title to the Property to Buyer, in substantially the form attached as Exhibit A, subject to the conditions subsequent required by Sections 15, 16, and 17 of this Agreement (the "Deed "). 7. Real Estate Taxes and Special Assessments. A. Seller shall pay, at or before closing all real estate taxes due and payable in 2017 and prior years. Real estate taxes due and payable in the year of closing shall be paid by Buyer. B. Seller shall pay on Date of Closing all special assessments levied against the Property as of the date of this agreement, including those certified for payment in the year of closing. Seller represents that there are no special assessments pending as of the date of this agreement. If a special assessment becomes pending after the date of this agreement and before the Date of Closing, Buyer may, as Buyer's option: Assume payment of the pending special assessment without adjustment to the purchase agreement price of the property; or 2. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or Declare this agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. `A EDA Minutes Page 9 Feb 5, 2018 8. Closing Costs and Related Items. The Buyer will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; (c) the recording fees for this Agreement and for the Deed transferring title to Buyer. Seller will pay all other fees normally paid by sellers, including (a) any transfer taxes, and Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement, and (b) fees and charges related to the filing of any instrument required to make title marketable. Each party shall pay its own attorney fees. 9. Sewer and Water. Seller warrants that city sewer is available at the Property line, and that city water is available in the right of way adjacent to the Property. Seller makes no warranty regarding the conditions of any existing water stub from the main to the Property line. Seller advises Buyer to inspect the condition of the water stub. 10. Condition of Property. Buyer acknowledges that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." Buyer has the right, at its own expense to take soil samples for the purpose of determining if the soil is suitable for construction of the dwelling described in section 14 below. If the soil is determined to be unacceptable the Buyer may rescind this agreement by written notice to the Seller, in which case the agreement shall be null and void. Seller makes no warranties as to the condition of the Property. 11. Marketability of Title. As soon as reasonably possible after execution of this Agreement by both parties: (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the property, if in Seller's possession or control, to Buyer or to Buyer's designated title service provider; and (b) Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have 20 days from the date it receives such title evidence to raise any objections to title it may have. Objections not made within such time will be deemed waived. The Seller shall have 90 days from the date of such objection to affect a cure; provided, however, that Seller shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer may then elect to close notwithstanding the uncured objections or declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder. 12. Title Clearance and Remedies. If Seller shall fail to have title objections timely removed, the Buyer may, at its sole election: (a) terminate this Agreement without any liability on its part upon provision of a quit claim deed to the Property from Buyer; or (b) take title to the Property subject to such objections. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: A. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; B. Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: C. Seek damages from Seller including costs and reasonable attorney's fees; D. Seek specific performance within six months after such right of action arises. 28 EDA Minutes Page 10 Feb 5, 2018 13. Well Disclosure. Seller's knowledge of wells is as follows: (R] The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the Property have not changed since the last previously filed well disclosure certificate. 14. Individual Sewage Treatment System Disclosure. Seller certifies that there is no individual sewage treatment system on or serving the Property. 15. Construction and Sale of Dwelling. Buyer agrees that it will construct a new single family dwelling on the Property, intended for sale to a person or persons for residential occupancy (an "Owner Occupant "). This covenant shall survive the delivery of the Deed. A. The single family dwelling described in this Section is referred to as the "Minimum Improvements." B. The Minimum Improvements shall consist of a new single family dwelling, and shall be constructed substantially in accordance with the Single Family Home Lot Sales Program Guidelines on file at City Hall and the proposal approved by Seller on December 5, 2017, attached hereto as Exhibit B. C. Construction of the Minimum Improvements must be substantially completed no later than one year from the Date of Closing. Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of Columbia Heights building official. D. Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Buyer to construct such Minimum Improvements (including the date for completion thereof), the Seller will furnish the Buyer with a Certificate of Completion, in the form attached hereto as Exhibit C, for such improvements. Such certification by the Seller shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Buyer and its successors and assigns, to construct the Minimum Improvements and the dates for completion thereof. The certificate provided for in this Section of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property. If the Seller shall refuse or fail to provide any certification in accordance with the provisions of this Section, the Seller shall, within thirty (30) days after written request by the Buyer, provide the Buyer with a written statement, indicating in adequate detail in what respects the Buyer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Seller for the Buyer to take or perform in order to obtain such certification. E. The Buyer represents and agrees that until issuance of the Certificate of Completion for the Minimum Improvements: (1) Except for any agreement for sale to an Owner Occupant, the Buyer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer "), without the prior written approval of the Seller's board of commissioners. The term "Transfer" does not include encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Buyer to construct the Minimum Improvements or component thereof. 29 EDA Minutes Page 11 Feb 5, 2018 (2) If the Buyer seeks to effect a Transfer prior to issuance of the Certificate of Completion, the Seller shall be entitled to require as conditions to such Transfer that: (i) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Buyer as to the portion of the Property to be transferred; and ii) Any proposed transferee, by instrument in writing satisfactory to the Seller and in form recordable in the public land records of Anoka County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of the Seller, have expressly assumed all of the obligations of the Buyer under this Agreement as to the portion of the Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Buyer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Seller) deprive the Seller of any rights or remedies or controls with respect to the Property, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit the Seller of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Property that the Seller would have had, had there been no such transfer or change. In the absence of specific written agreement by the Seller to the contrary, no such transfer or approval by the Seller thereof shall be deemed to relieve the Buyer, or any other party bound in any way by this Agreement or otherwise with respect to the Property, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Property governed by this subsection E. shall be in a form reasonably satisfactory to the Seller. (3) If the conditions described in paragraph (2) above are satisfied then the Transfer will be approved and the Buyer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (3) apply to all subsequent transferors. (4) Upon issuance of the Certificate of Completion, the Buyer may Transfer the Property and/or the Buyer's rights and obligations under this Agreement with respect to such Property without the prior written consent of the Seller. F. The Buyer, and its successors and assigns, agree that they (a) will use the Minimum Improvements only as a single family dwelling, and in the case of an Owner Occupant, will occupy the Property as a residence, (b) will not rent the Property to any person or entity, (c) will not seek exemption from real estate taxes on the Property under State law, and (d) will not transfer or permit transfer of the Property to any entity whose ownership or operation of the Property would result in the Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City of Columbia Heights or Seller in accordance with this Agreement). The covenants in this paragraph run with the land, survive both delivery of the Deed and issuance of the Certificate of Completion for the Minimum Improvements, and shall remain in effect for III years after the Date of Closing. 30 EDA Minutes Page 12 Feb 5, 2018 16. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to Buyer. In the event that subsequent to conveyance of the Property or any part thereof to the Buyer and prior to receipt by the Buyer of the Certificate of Completion for of the Minimum Improvements, the Buyer, subject to Unavoidable Delays (as hereafter defined), fails to carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand from the Seller to the Buyer to do so, then the Seller shall have the right to re -enter and take possession of the Property and to terminate (and revest in the Seller) the estate conveyed by the Deed to the Buyer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Buyer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of the Buyer and failure on the part of the Buyer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, the Seller at its option may declare a termination in favor of the Seller of the title, and of all the rights and interests in and to the Property conveyed to the Buyer, and that such title and all rights and interests of the Buyer, and any assigns or successors in interest to and in the Property, shall revert to the Seller, but only if the events stated in this Section have not been cured within the time periods provided above. Notwithstanding anything to the contrary contained in this Section, the Seller shall have no right to reenter or retake title to and possession of a portion of the Property for which a Certificate of Completion has been issued. For the purposes of this Agreement, the term "Unavoidable Delays" means delays beyond the reasonable control of the Buyer as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the Seller in exercising its rights under this Agreement) which directly results in delays. Unavoidable Delays shall not include delays in the Buyer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under this section of this Agreement. 17. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the Seller of title to and/or possession of the Property or any part thereof as provided in Section 16, the Seller shall apply the purchase price paid by the Buyer under Section 4 of this Agreement as follows: (a) First, to reimburse the Seller for all costs and expenses incurred by the Seller, including but not limited to proportionate salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the Seller from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by the Seller, an amount, if paid, equal to such taxes, assessments, or charges (as determined by the Seller assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in the Seller or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Buyer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum Improvements or any part thereof on the Property or part thereof, and any amounts otherwise owing the Seller by the Buyer and its successor or transferee; and 31 EDA Minutes Page 13 Feb 5, 2018 (b) Second, to reimburse the Beyer for the balance of the purchase price remaining after the reimbursements specified in paragraph (a) above. Such reimbursement shall be paid to the Buyer upon delivery of an executed, recordable warranty deed to the Property by the Buyer to the Seller. 18. Time is of the essence for all provisions of this contract. 19. Notices. All notices required herein shall be in writing and delivered personally or mailed to the address shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 20. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. 21. Specific Performance. This Agreement may be specifically enforced by the parties, provided that an action is brought within one year of the date of alleged breach of this Agreement. 22. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Seller or I3uyCr is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cunnulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 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. 23. No Merger of Representations, Warranties. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly. 24. Recording. This Agreement shall be filed of record with the Anoka County Registrar of Titles or Office of Recorder, as the case may be. Buyer shall pay all recording costs. 25. No Broker Involved. The Seller and represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. In witness of the foregoing, the parties have executed this agreement on the year and date written above. SELLER: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: — By: Its President STATE OF MINNESOTA } ss. COUNTY OF ANOKA Its Executive Director 32 EDA Minutes Page 14 Feb 5, 2018 The foregoing was acknowledged before me this day of 2018, by and Walter Fehst, the President and Executive Director of Columbia Heights Economic Development Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the public body corporate and politic. BUYER: Tollberg Homes, LLC STATE OF MINNESOTA } ss. COUNTY OF ANOKA Notary Public The foregoing was acknowledged before me this day of . 2018, by Wade Tollefson, the Chief Manager of Tollberg Homes, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public EXHIBIT A to PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF QUIT CLAIM DEED Deed Tax Due: S ECRV: THIS INDENTURE, between the Columbia Heights Economic Development Authority, a Minnesota, a public body corporate and politic (the "Grantor "), and a Minnesota (the "Grantee "). WITNESSETH, that Grantor, in consideration of the sum of $ and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Anoka and State of Minnesota described as follows, to -wit (such tract or parcel of land is hereinafter referred to as the "Property"): Check here if part or all of the land is Registered (Torrens) ❑ To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging. SECTION 1. 33 EDA Minutes Page 15 Feb 5, 2018 It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on the of , 20_, identified as "Purchase and Redevelopment Agreement" (hereafter referred to as the "Agreement ") and that the Grantee shall not convey this Property, or any part thereof, except as permitted by the Agreement until a certificate of completion releasing the Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement) in conformity with the Agreement, any applicable development program and applicable provisions of the zoning ordinance of the City of Columbia Heights, Minnesota, or for the refinancing of the same. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Minimum Improvements thereon, as provided in the Agreement. Promptly after completion of the Minimum Improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the Minimum Improvements, or any part thereof. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement or is ocherx ise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. The Grantee's rights and interest in the Property are subject to the terms and conditions of Sections 15, 16 and 17 of the Agreement relating to the Grantor's right to re -enter and revest in Grantor title to the Property under conditions specified therein, including but not limited to termination of such right upon issuance of a Certificate of Completion as defined in the Agreement. SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with Section 15F of the Agreement for a period of ten years after the date hereof. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land for the respective terms herein provided, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. 34 EDA Minutes Page 16 Feb 5, 2018 In amplification, and not in restriction of, the provisions of the preceding section, it is intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants provided herein, both for and in its own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right, in the event of any breach of any such agreement or covenant to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall not have any right to re -enter the Property or revest in the Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its obligations under this Section 3. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and Executive Director, this day of 20_ ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ). ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director On this day of , 20_, before me, a notary public within and for County, personally appeared and to me personally known who by me duly sworn, did say that they are the President and Executive Director of the Columbia Heights Economic Development Authority (the "Authority ") named in the foregoing instrument; that said instrument was signed on behalf of said Authority pursuant to a resolution of its governing body; and said and _ acknowledged said instrument to be the free act and deed of said Authority. This instrument was drafted by Kennedy & Graven, Charted 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 Notary Public Tax Statements should be sent to: Ayy, EDA Minutes Page 17 Feb 5, 2018 EXHIBIT B TO PURCHASE AND REDEVELOPMENT AGREEMENT APPROVED PROPOSAL 36 \\ \[ } & \� a } & ƒ \ § } a $ R m 9 m � ! �s \ i � � \ I \ƒ a± \� \ \ -4 � yƒ �_ w; )/ } ƒ/¢ � � \ K� §■! &!`! d�#\ / \/q : E_ -- | | §� =rf; !/ ■ § |,§ OA 41 k %/ 3� }� 14 38 N ' -___-_- __----_---- -_ '_-'-- '_---- .`.. , Izz 39 40 and EXHIBIT C ffel PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF CERTIFICATE OF COMPLETION CERTIFICATE OF COMPLETION WHEREAS, the Columbia Heights Economic Development Authority, a public body, corporate and politic (the "Grantor "), conveyed land in Anoka County, Minnesota to a (the "Grantee "), by a Deed recorded in the Office of the County Recorder [and in the Office of the Registrar of Titles] in and for the County of Anoka and State of Minnesota, as Document Numbers - and respectively; WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1 and 2 of said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed and the agreements and covenants in Section 15B of the Agreement (as described in said Deed) have been performed by the Grantee therein, and the County Recorder [and the Registrar of Titles] in and for the County of Anoka and State of Minnesota are hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of Section 15B of the Agreement and the covenants and restrictions set forth in Sections 1 and 2 of said Deed; provided that the covenants set forth in Sections 15F of the Agreement, and in Section 3 of the Deed, remain in full force and effect through the period stated thereon. Dated: 20 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 20_, by and the President and Executive Director, respectively, of the Columbia Heights Economic Development Authority, on behalf of the authority. Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 U.S. Bank Plaza Minneapolis, MN 55402 (612) 337 -9300 41 EDA Minutes Page 23 Feb 5, 2018 3. Updates from 2017 and Discussion for 2018 Projects Dahl stated that throughout 2017, the Economic Development Authority (the "EDA ") accomplished several projects and objectives. The purpose of this report is to review and discuss the EDA's accomplishments in 2017, but also to determine the projects and objectives that the EDA would like staff to focus on in 2018. Highlights of 2017 accomplishments include, but not limited to the following: 2017 EDA Accomplishments • Facilitated redevelopment of the property located at 47th Avenue NE and Grand Avenue NE with the development of the Grand Central Flats in an effort to complete the Grand Central Neighborhood which was originally initiated back in 2003. • Leveraged funds through the Grand Central Flats development to collect park dedication fees in the amount of $222,000 for park improvements through the City of Columba Heights (the "City "). • Refinanced the Public Safety Facility Lease Revenue Bonds, series 2007B (Municipal Liquor Stores), to save the City a net present value of $775,000. • Increased the EDA Levy to the statutory levy limit to increase the amount of funds for economic development purposes. • Identified and received an interfund transfer in the amount of $1,025,445 from the Fund 213: Park View Villa to Fund 408: EDA Redevelopment Projects Fund. • Initiated the Commercial Revitalization Program, a program setup to acquire nonconforming properties under the current zoning code of the City through all commercial corridors. • Sold or pending sale of all remaining lots in the Single Family Home Lot Sales Program. Dahl told members that 25 homes have been re -built throughout the City selling at a price between $200,000 - $250,000. • Chose to participate in the Anoka County Levy program. Now, as the EDA looks ahead to 2018, staff seeks to facilitate discussion about what projects, programs, and objectives commission members desire to see initiated and/ or completed in 2018. First, staff would like to review the fund balances of several accounts that the EDA utilizes to accomplish its initiatives. The figures below are estimations and subject to change as the year -end fund balances have not been finalized for all the accounts. • Fund 226: Special Projects Revenue: $ 887,000 • Fund 371: TIF T4 Kmart/ Central Ave: $ 430,000 • Fund 376: TIF A3,C7,C8 Scattered Site District: $ 112,000 • Fund 408: EDA Redevelopment Project Fund $ 821,000 • Fund 420: CAP Improvement Development: $ 1,695,000 • Anoka County HRA Levy: $ 515,000 The list below provides a starting point for the discussion tonight. Staff highly encourages the EDA commission members to provide feedback and propose changes to the following 2018 proposed projects, programs, and objectives: 2018 Proposed Projects Pro rams and Ob'ectives • Continue the development of and initiation of a business retention and expansion program to assist the Columbia Heights business community. 42 EDA Minutes Page 24 Feb 5, 2018 • Reevaluate the guidelines, specifications, and requirements of the Single Family Home Lot Sales Program, and continue to incorporate vacant lots into the Single Family Home Lot Sales Program. • Evaluate the possibility of introducing an exterior fagade improvement or a surveillance system grant program for the Columbia Heights business community. Schmitt liked this idea. • Determine a fund source and create a housing rehabilitation grant or low to no interest loan program for exterior remodels and/ or interior renovations. • Acquire and remediate the Root Property located on the corner of 40th Avenue NE and University Avenue NE. Dahl told members this would be more than a one year project since the remediation would take several years to complete. • Relocate the residential structure located at 3841 Central Avenue NE to 666 40th Avenue NE. • Identify a redevelopment opportunity for the property located at 828 40th Avenue NE. Comments: (1) Williams asked about the round -a -bout piece. Dahl told them Dominium is working on paperwork to donate the parcel to the City. Since the property is zoned as MXU and this is the last piece left, it must be developed commercially as the rest of the development is all residential. It is a small parcel and there is no interest by commercial developers in a site this small. Hogeboom said the only way it could be developed other than commercial would require the district to be completely re- zoned. Another issue with the piece is that the soil is contaminated at a depth of 8 feet. So anything constructed deeper than that will require additional costs for cleanup. Buesgens asked how much the lot is worth. It was noted that it is just over an acre in size and generates approximately $6,500 in annual taxes currently. She wondered if the property could be used for community garden space while we wait for it to be developed in some capacity. Dahl said that is an option, but that the contaminated soil may prevent that. Soil tests would have to be done to ensure it is safe. Novitsky asked about the history of the development and why other commercial uses weren't built when there was more property available. Fehst explained that originally the piece on 37`x' Avenue and University was earmarked for a commercial development but there wasn't any interest from developers wanting to construct commercial buildings, especially since the downturn in the economy starting in 2008. And since that time, financial assistance to developers has been for multi - family, high density residential construction. (2) Schmitt said she thinks a goal for 2018 should be to focus on creating zoning districts to keep properties on the tax rolls as previously discussed in the meeting. (3) Szurek asked about the status of the HyVee construction. Dahl said he reached out to his contact to get another update and to remind them that the Public Financial Assistance for cleanup /remediation that was approved requires that construction start by June 2018. He had not heard back from him prior to this meeting. There was a discussion regarding the recent news article regarding HyVee also getting approvals for the construction of a store in Spring Lake Park. Staff noted they just received the City's approvals, closed on the property at the end of January and that no construction date has been set for that store either. So at this point, there is no reason to believe that the Spring Lake Park store will be done before ours. (4) Szurek asked if there was any way to stay on top of properties that are vacated and run down for possible purchase by the City. There was a discussion about this issue. 43 EDA Minutes Page 25 February 5, 2018 (5) Schmitt asked if members should give staff any other ideas for 2018 objectives they would like to pursue. Dahl told members to forward any other ideas they had to him. 4. Update on 3841 Central Ave NE Dahl told members that staff is still weighing all options. Kevin Hansen said the plumbing could be fixed and that the house is in solid condition construction wise. Dahl said that GMHC had reached out to him again, and that he told them there would not be any gap financing given that they had previously requested. He suggested to GMHC about possibly swapping properties with them (3805 2"a St that they own for 666 40th Ave that we own). That way they could move the house to the 666 40th Ave site which would be less expensive than moving it to the 3805 2" St lot. Dahl said GMHC's legal team is looking into this idea. The meeting was adjourned at 7:40 pm. Respectfully submitted, Shelley Hanson Secretary 44 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE SPECIAL MEETING OF MARCH 26, 2018 The meeting was called to order at 6:30 pm by President, Marlaine Szurek. Members Present: Murzyn, Schmitt, Buesgens, Williams, Novitsky, Herringer and Szurek Staff Present: Walt Fehst, Keith Dahl, and Josephl-log&kuni PLEDGE OF ALLEGIANCE - RECITED OATH OF OFFICE -Gerry Herringer was sworn in for his new term by Walt Fehst. BUSINESS ITEMS 1. First Amendment to the Purchase Agreement for 4201 Jefferson St NE- Resolution 2018 -05 Dahl told members that on December 4, 2017, the Columbia Heights Economic Development Authority (the "EDA ") approved Resolution 2017 -31, a resolution which approved the Purchase and Redevelopment Agreement with Home Detail, Inc. (the "Agreement ") for the acquisition of 4201 Jefferson street NE, Columbia Heights, MN (the "Subject Property "). Pursuant to the Agreement, the "Date of Closing" was required to be no later than February 4, 2018 (60 days from approval date of the Agreement). However, Home Detail, Inc. was unable to satisfy the aforementioned provision in said Agreement, and has requested a 30 day extension to the "Date of Closing ". Therefore, please find attached for approval consideration the First Amendment to the Agreement which extends the "Date of Closing" to April 25, 2018 (30 days from the date of this First Amendment). Also please note, if Home Detail, Inc. is unable to purchase the property within the specified extension period, the Agreement will be rendered null and void, and EDA staff will begin to accept other applications from Minnesota Licensed Home Builders for the purchase of the Subject Property. Furthermore, it should also be noted that if this happens, the earnest money deposited in the amount of $2,000 by Home Detail, Inc. is non - refundable and will not be reimbursed. Staff recommends approval of Resolution 2018 -05 as presented. Questions /comments from members: Szurek questioned why Home Detail was unable to close on 4201 Jefferson Street NE and 4641 Polk Street NE in the allotted time given by the Purchase Agreement, but that she would be in favor of approving a 30 extension for both properties. Herringer stated that he will reluctantly vote in favor of both extensions, but insisted that the Columbia Heights Economic Development Authority should not approve any further extensions for Home Detail. 45 EDA Minutes Page 2 March 26, 2018 Motion by Buesgens, seconded by Murzyn, to waive the reading of Resolution 2018 -05, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Murzyn, to adopt Resolution 2018 -05, a resolution approving a f rst amendment of a purchase agreement between the Columbia Heights Economic Development Authority and Home Detail, Inc. All ayes. MOTION PASSED. RESOLUTION NO. 2018-05 RESOLUTION APPROVING A FIRST AMENDMENT OF A PURCHASE AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND HOME DETAIL, INC. BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: SECTION 1. RECITALS. 1.01. The Authority currently administers its Single Family Home Lot Sales Program within the City of Columbia Heights (the "City "), pursuant to Minnesota Statutes, Sections 469.090 to 469.1081, as amended. 1.02. Pursuant to a duly noticed public hearing on the sale of Authority property, the Authority and Home Detail, Inc. (the "Buyer ") executed a Purchase Agreement, dated as of December 4, 2017 (the "Agreement "), providing for the conveyance by the Authority to the Seller of certain property located at 4201 Jefferson Street NE within the City, legally described as follows: Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (the "Property") 1.03. The parties have negotiated and propose to execute a First Amendment to the Agreement (the "First Amendment ") to extend the deadline for the conveyance of the Property. SECTION 2. FIRST AMENDMENT APPROVED. 2.01. The First Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the First Amendment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the First Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. 46 EDA Minutes Page 3 March 26, 2018 ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 26th day of March, 2018 Offered by: Buesgens Seconded by: Murzyn olI Call: All ayes President Attest: Assistant Secretary FIRST AMENDMENT TO PURCHASE AGREEMENT 4201 Jefferson Street NE, Columbia Heights, Minnesota This First Amendment to Purchase Agreement ( "Amendment ") is made this day of March, 2018 by and between Columbia Heights Economic Development Authority, a Minnesota public body corporate and politic under the laws of Minnesota (the "Seller "), and Home Detail, Inc., a Minnesota corporation (the "Buyer "). WHEREAS, the Seller and the Buyer entered into that certain Purchase Agreement dated as of December 4, 2017 (the "Agreement ") providing for the conveyance by the Seller to the Buyer of certain property at 4201 Jefferson Street NE located in the City of Columbia Heights, Anoka County, Minnesota and legally described as follows: Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (the "Property "); and WHEREAS, due to unanticipated delays, the parties have determined to extend the deadline for closing on the conveyance of the Property. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Amendment to Paragraph 4 of the Agreement. Paragraph 4 of the Agreement is amended as follows: Price and Terms. The price for the Property is $35,000 ( "Purchase Price ") which Buyer shall pay as follows: nonrefundable earnest money of $2,000 by check, receipt of which is hereby acknowledged by Seller. The balance of the Purchase Price must be paid by certified check or wire transfer on the Date of Closing. The "Date of Closing" shall be no later than April 25, 2018. effect. 2. Miscellaneous. Except as amended by this Amendment, the Agreement shall remain in full force and 47 EDA Minutes Page 4 March 26, 2018 IN WITNESS WHEREOF, the parties have executed this First Amendment to Purchase Agreement as of the date written above. BUYER HOME DETAIL, INC. iIn Its SELLER COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Its: President By: Its: Executive Director 2. First Amendment to the Purchase Agreement for 4641 Polk Street NE- Resolution 2018 -06 Dahl told members that on December 4, 2017, the Columbia Heights Economic Development Authority (the "EDA ") approved Resolution 2017 -32, a resolution which approved the Purchase and Redevelopment Agreement with Home Detail, Inc. (the "Agreement ") for the acquisition of 4641 Polk Street NE, Columbia Heights, MN (the "Subject Property "). Pursuant to the Agreement, the "Date of Closing" was required to be no later than February 4, 2018 (60 days from approval date of the Agreement). However, Home Detail, Inc. was unable to satisfy the aforementioned provision in said Agreement, and has requested a 30 day extension to the "Date of Closing ". Therefore, please find attached for approval consideration the First Amendment to the Agreement which extends the "Date of Closing" to April 25, 2018 (30 days from the date of this First Amendment). Also please note, if Home Detail, Inc. is unable to purchase the property within the specified extension period, the Agreement will be rendered null and void, and EDA staff will begin to accept other applications from Minnesota License Home Builders for the purchase of the Subject Property. Furthermore, it should also be noted that if this happens, the earnest money deposited in the amount of $2,000 by Home Detail, Inc. is non - refundable and will not be reimbursed. Staff recommends approval of Resolution 2018 -06 as presented. Questions/comments from members: No questions or comments. Discussion was held during the previous item. Motion by Herringer, seconded by Novitsky, to waive the reading of Resolution 2018 -06, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Herringer, seconded by Novitsky, to adopt Resolution 2018 -06, a resolution approving a first amendment of a purchase agreement between the Columbia Heights Economic Development Authority and Home Detail, Inc. All ayes. MOTION PASSED. 48 EDA Minutes Page 5 March 26, 2018 RESOLUTION NO. 2018-06 RESOLUTION APPROVING A FIRST AMENDMENT OF A PURCHASE AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND HOME DETAIL, INC. BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: SECTION 1. RECITALS. 1.01. The Authority currently administers its Single Family Home Lot Sales Program within the City of Columbia Heights (the "City "), pursuant to Minnesota Statutes, Sections 469.090 to 469.108 1, as amended. 1.02. Pursuant to a duly noticed public hearing on the sale of Authority property, the Authority and Home Detail, Inc. (the "Buyer ") executed a Purchase .Agreement, dated as of December 4, 2017 (the "Agreement "), providing for the conveyance by the Authority to the Seller of certain property located at 4641 Polk Street NE within the City, legally described as follows: That Part of Lot 23 lying north of the south 20 feet of said Lot 23, and Lot 24, in Block 1, Sheffield's Second Subdivision, Anoka County, Minnesota according to the recorded plat thereof, and situate in Anoka County, Minnesota (the "Property"). 1.03. The parties have negotiated and propose to execute a First Amendment to the Agreement (the "First Amendment ") to extend the deadline for the conveyance of the Property. SECTION 2. FIRST AMENDMENT APPROVED. 2.01. The First Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the First Amendment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the First Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY this 26th day of March, 2018 fered by: Herringer .ondcd by: Novitsky 11 Call: All ayes President test: sistant Secretary 49 EDA Minutes Page 6 March 26, 2018 FIRST AMENDMENT TO PURCHASE AGREEMENT 4641 Polk Street NE, Columbia Heights, Minnesota This First Amendment to Purchase Agreement ( "Amendment ") is made this day of March, 2018 by and between Columbia Heights Economic Development Authority, a Minnesota public body corporate and politic under the laws of Minnesota (the "Seller "), and HOME DETAIL, INC., a Minnesota corporation (the "Buyer "). WHEREAS, the Seller and the Buyer entered into that certain Purchase Agreement dated as of December 4, 2017 (the "Agreement ") providing for the conveyance by the Seller to the Buyer of certain property at 4641 Polk Street NE located in the City of Columbia Heights, Anoka County, Minnesota and legally described as follows: That Part of Lot 23 lying north of the south 20 feet of said Lot 23, and Lot 24, in Block 1, Sheffield's Second Subdivision, Anoka County, Minnesota according to the recorded plat thereof, and situate in Anoka County, Minnesota (the "Property"); and WHEREAS, due to unanticipated delays, the parties have determined to extend the deadline for closing on the conveyance of the Property. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Ametidmeiit to Para a h 4 of the Agreement. Paragraph 7 of the Agreement is amended as follows: Price and Terms. The price for the Property is $35,000 ( "Purchase Price ") which Buyer shall pay as follows: nonrefundable earnest money of $2,000 by check, receipt of which is hereby acknowledged by Seller. The balance of the Purchase Price must be paid by certified check or wire transfer on the Date of Closing. The "Date of Closing" shall be no later than April 25, 2018. Miscellaneous. Except as amended by this Amendment, the Agreement shall remain in full force and effect. (Remainder of this page intentionally left blank.) IN WITNESS WHEREOF, the parties have executed this First Amendment to Purchase Agreement as of the date written above. BUYER HOME DETAIL, INC. Its: SELLER COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Its: President By: _ Its: Executive Director 50 EDA Minutes Page 7 March 26, 2018 OTHER BUSINESS There was no other new business. The next regular meeting is scheduled for Monday, April 2 °d The meeting was adjourned at 6:43pm. Respectfully submitted, Keith Dahl Secretary 51 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved 3939 Central Ave NE, Columbia Heights, MN 55421 l 4/4/2018 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, March 21St, 2018 The meeting was called to order in the History Room by Chair, Patricia Sowada, at 5:32pm. Members present: Patricia Sowada, Catherine Vesley, Nancy Hoium, Stephen Smith, Tricia Conway; also attending, Library Director, Renee Dougherty; Recording Secretary, Nick Olberding; and private citizen, Bryan Olson. Not present: Council Liaison, Robert "Bobby" Williams. The Minutes of the February 7th, 2018 Board Meeting were approved. Bill List dated February 17th, 2018 was reviewed. It was moved, seconded, and passed that the bills be paid. Bill List dated February 31St, 2018 was reviewed. It was moved, seconded, and passed that the bills be paid. Year -end Accounting Sheet was reviewed, and approved. • Questions and discussions based on Bills and Accounting: Large Print: Are they popular? Yes. • Star Tribune /People Weekly: Charge of 461.76/year for daily delivery for Star Tribune. Peoply Weekly magazine is 118.26/year for 52 issues (subscription is separate from our EBSCO Periodical order). • Unique Management Services: Our Collections agency; each month our system automatically sends delinquent patrons ($75+ in fines) to them for recovery. • LED Lights: Under warranty, replaced all the deadlights in February. Currently they are all working. • Year -end Accounting: Shows us finishing at 96% of the yearly budget, which is still considered preliminary until the city's audit review is complete. New Business: Library Annual Report (City of Columbia Heights): Excluding 2016 (due to being closed for a month, and dealing with preparing for the move, and adjusting to the new building) some highlights comparing 2015 to 2107 include: 20% increase in library visits; 13% increase in circulation; 104% increase in computer use; a 13% increase in children's program attendance, and 34% increase in teen program attendance. o Questions and discussions: • Computer Use: Are children able to access the computers? Yes, if they have a library card, they can use the computers and access the internet. • At Home Delivery: Costs are covered by the operating budget. Cortni O'Brien and a few volunteers provide a delivery of material to Outreach Patrons. These patrons receive a delivery about every 6 weeks, or as needed. Their checkout period is 45 days and are not subjected to fines. These patrons sign an agreement for us to keep track of their borrowing history so we may better select future titles and so we do not deliver them books they've already read (no borrowing history is tracked for standard patrons). We currently have about a dozen patrons participating in this program. • Other libraries have similar programs: Anoka County mails material to outreach patrons, while Ramsey County selects a volunteer to pair with each outreach patron. Annual Report to the State Library: The state (Minnesota Department of Education) collects this data from all libraries in Minnesota to submit to the Institute of Museum and Library Services. o A motion was made to approve the current year statistics (pending the addition of several totals still needed from Anoka County Library). The motion was seconded, and approved. 52 • Items from the Floor: Several upcoming programs at the library include: Birdscaping Basics (in partnership with HeightsNEXT) is tonight. Mysteries of History (deducing the origin, age, and content of historical photos) will be at 6:30pm on April 9th. Also, a BookTalk with Rick Shefchik (author of "Everybody's Heard About the Bird: The True Story of 1960's Rock n' Roll in Minnesota ") will take place at fpm on Saturday, April 215` Old Business: Public Library Art Committee: Meet - and -greet with the three applicants for the library Art Committee. Catherine started off by explaining the focus and limitations of the group. This is an advisory group (to the Library Board) that has no spending authority. It is mainly to review art exhibit applications and RFP's on behalf of the Library Board, and make recommendations, with the option to offer hands -on help with exhibitions and art displays. There is no expectation to raise money. Finally, the group will likely meet 4 times /year (or as needed), and meeting will follow open meeting law. o Introductions: • Denelle Bing (DB): Has resided in Columbia Heights for 3 years, and has a 3yo child. Interested in art /music, and feels art has the ability to bring the community together. She also plays the baritone horn in a community band; has a business degree; is involved in HeightsNEXT; and is running for the Columbia Heights City Council (if elected, would not be eligible for the art committee). • Lindsay Edwards (LE): Moved to Columbia Heights from Des Moines four years ago. Graphic Designer by trade, who is active in HeightsNEXT (involved with the Huset Haunted House, Cheers for Beers, and Chili Cook -off events). Art is a huge part of life, and like art to inspire people. Currently is interested in the brutalist style (massive raw concrete structures). • Walter Horishnyk (WH): Has been a resident of Columbia Heights for many years, and was a IT Specialist for many of them. Has always been active in painting, photography, graphic design, and considers art, music, and culture a big part of his life. Feels art in the library has great potential and can inspire the community. He curated the inaugural art exhibition at the library last fall with his New York street photography, titled "The Manhattan Project ". o Q: How would you like to see art displayed at the library? ■ DB: Interactive displays would be the most engaging and would be great to see. ■ LE: Would like to see art made to fit the space, made specifically for the library space. ■ WH: Work with the artists, many of them have a vision for how their art should be viewed. o Q: What would you most like to see in a library art display? • DB: Local photography of the community, music, and youth created art. ■ LE: Interactive sculpture for hands -on engagement. ■ WH: Sculpture... ideally created by experienced and professional artists. • Q: Example of a show we should exhibit? ■ DB: Display featuring the history of Columbia Heights. ■ LE: Movie Posters /Fan Art (in collaboration with Heights Theater). ■ WH: Culturally diverse papier mache hangings (e.g. pinatas). ■ Tricia Conway: Cultural Art Show showcasing the many diverse ethnicities of Columbia Heights. • Q: How does art support literacy in the community? ■ DB: Rotating series of art displays promotes learning by exposure to new things. ■ LE: Art naturally promotes various types of learning /interpretation. ■ WH: Art supports a strong foundation and symbolism. ART IS THE VISUALIZATION OF EDUCATIONAL EXPERIENCE 53 There being no further business, the meeting was adjourned at 6:45pm by Patricia Sowada, and seconded. Respectfully submitted, 4 Nicholas P. Olberding Recording Secretary, Library Board of Trustees *Mission Statement* To serve a diverse community's needs for access to resources, information, and technology in a welcoming environment. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 54 C,i COLUMBIA HEIGHTS AGENDA SECTION CONSENT [ ITEM NO. 7C MEETING DATE APRIL 9, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2018 -16 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2018 STATE AID STREET REHABILITATION, CITY PROJECT 1805 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / April 4, 2018 BY /DATE: � CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? BACKGROUND: The Public Improvement Hearing for State Aid Street Rehabilitation, Project 1805 was held on February 5, 2018. The City Council ordered the improvement project for 37th Avenue from Main Street to 5th Street and Main Street from 37th Avenue to 40th Avenue. STAFF RECOMMENDATIONS: The Engineering Department has been partnering with the City of Minneapolis on 37th Avenue from Main Street to 5th Street. Columbia Heights is the lead agency for the design and construction administration of the project. The City of Minneapolis will reimburse Columbia Heights for their share of the construction costs plus 8% for engineering services. The work on 37th Avenue has been revised. To alleviate localized flooding, storm sewer is proposed in the north boulevard area of 37th Avenue from the pond to 5th Street, instead of increasing the size of the pipe along the centerline. With construction in the boulevard, the milling has been revised from a full mill across the width of the street to an edge mill (about 8' wide along the curb and gutter) with a minimum 2" overlay. Other improvements include but are not limited to: sidewalk extensions, reconstruction of pedestrian ramps, curb and gutter repairs, drainage structure replacement, pavement striping and incidentals. The costs of these improvements have been estimated at $539,150 and will be shared by Minneapolis and Columbia Heights. Project funding is provided as follows: City of Minneapolis: $123,750 City of Columbia Heights: State Aid Assessments Storm Sewer Sanitary Sewer Water Main $104,700 $167,700 $104,000 $ 14,000 $ 25,000 Final plans and specifications for the 2018 State Aid Street Rehabilitation Improvement project are substantially complete. The bid opening and City Council award is scheduled for June. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2018 -16, there being ample copies available to the public. Move to adopt Resolution 2018 -16 approving Plans and Specifications and ordering Advertisement for Bids for 2018 State Aid Street Rehabilitation, City Project 1805. ATTACHMENT(S): Resolution 2018 -16 55 RESOLUTION NO. 2018 -16 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to a resolution passed by the City Council on January 8, 2018, the City Engineer has prepared plans and specifications for State Aid Street Rehabilitation for the following: • Main Street NE, 37th Avenue to 40th Avenue O 37th Avenue NE, Main Street to 5th Street Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2018 State Aid Street Rehabilitation, City Project 1805, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, May 29, 2018 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, June 11, 2018, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. ORDER OF COUNCIL Passed this 9th day of April, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secret 56 AGENDA SECTION CONSENT H COLUMBIA ITEM NO. � 7D H E I G HTS MEETING DATE APRIL 9, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2018 -17 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2018 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1800 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / April 4, 2018 BY/ DATE: "±) CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: Staff prepared specifications for the Annual Miscellaneous Concrete Repair Program to replace /install concrete throughout the city. Plans and specifications were advertised for bids in the Sun Focus on March 16, 2018 and electronically on the City's website and through Quest Construction Data Network. Two contractors requested a copy of the bidding documents. Two bids were received and publicly read aloud at the April 3, 2018 bid opening. A copy of the bid opening minutes is attached. ANALYSIS /CONCLUSIONS: The low bid was submitted by Standard Sidewalk, Inc. of Blaine, Minnesota, in the amount of $35,074.00. The unit prices are about 3% lower than the 2017 project. Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures such as curb and gutter, sidewalk, alley and street panels. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks. STAFF RECOMMENDATION: Based upon the bids received, Standard Sidewalk, Inc. of Blaine, Minnesota is the low, qualified, responsible bidder. Staff is recommending award of the bid to Standard Sidewalk. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2018 -17, there being ample copies available to the public. Move to adopt Resolution 2018 -17 being a Resolution accepting bids and awarding the 2018 Miscellaneous Concrete Repairs and Installations, City Project No. 1800, to Standard Sidewalk, Inc., based upon their low, qualified, responsible bid in the amount of $35,074.00 from Fund 415 - 51800 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. ATTACHMENT(S): Resolution 2018 -17 Bid Opening Minutes 57 RESOLUTION NO. 2018 -17 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to an advertisement for bids for City Project No. 1800, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Base Bid Standard Sidewalk, Inc. $ 35,074.00 New Look Contracting, Inc. $ 47,565.00 It appears that Standard Sidewalk, Inc. of Blaine, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Standard Sidewalk, Inc. in the name of the City of Columbia Heights, for the 2018 Miscellaneous Concrete Repairs and Installations, City Project No. 1800, for a bid amount of $35,074.00 according to plans and specifications therefore approved by the Council. 1 The City Engineer is hereby authorized and directed to retain the deposit of the successful bidder and the next lowest bidder until the contract has been signed. 3. City Project No. 1800 shall be funded from Fund 415 - 51800 -4000. ORDER OF COUNCIL Passed this 9th day of April, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secreta 58 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, April 3, 10:00 a.m. Miscellaneous Concrete Repairs and Installations City Project 1800 Pursuant to an advertisement for bids for Miscellaneous Concrete Repairs and Installations, City Project 1800, an administrative meeting was held on April 3, 2018 at 10:00 a.m. for the purpose of bid opening. Attending the meeting was: Nate Menge, New Look Contracting, Inc. Sue Schmidtbauer, Public Works Secretary Kathy Young, Assistant City Engineer Bids were opened and read aloud as follows: Bidder Standard Sidewalk, Inc. New Look Contracting, Inc. * Corrected Respectfully submitted, Sue Schmidtbauer Public Works Secretary Base Bid * $ 35,074.00 $ 47,565.00 59 AGENDA SECTION CONSENT CIA COLUMBIA ITEM NO. 7E _ HEIGHTS MEETING DATE APRIL 9, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2018 -18 AWARDING SEAL COATING AND RESOLUTION 2018 -19 AWARDING STREET STRIPING DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / April 4, 2018 BY /DATE:y_� y���� CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? BACKGROUND: In 2005 the City Council authorized staff to enter into a Joint Powers Agreement (JPA) with the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Fridley to seek bids for street maintenance, including seal coating, fog sealing, crack sealing and street striping. In subsequent years, the JPA has been amended to include the cities of Anoka, Arden Hills, Circle Pines, East Bethel, Ham Lake, Mahtomedi, Mounds View, and St. Francis. For Columbia Heights, seal coating is an annual maintenance project to help preserve the integrity and extend the life of the bituminous streets. The City Council authorized staff to seek seal coating bids at the Improvement Hearing on February 5, 2018. The City has been bidding with the north metro cities for thirteen years. In accordance with the JPA, the City of Coon Rapids prepared plans and specifications for the street maintenance project and advertised for bids on February 23 and March 2, 2018. Bids were received and publicly read aloud at the March 16, 2018 bid opening. SEAL COATING Company Pearson Bros. Inc. Allied Blacktop Co. Asphalt Surface Technologies Corp. STREET STRIPING Company Sir Lines -A -Lot, Inc. AAA Striping Service Co. Warning Lites of Minnesota STAFF RECOMMENDATION: Base Bid Amount (Trap Rock) $ 1,648,703.38 $ 1,771,640.72 $ 2,110,089.38 Amount $ 174,828.10 $ 198,693.95 $ 234,806.14 Alternate Bid Amount Granite $ 1,632,268.34 $ 1,755,205.68 $ 2,081,328.06 SEAL COATING: The JPA low bid was submitted by Pearson Bros. Inc. of Hanover, Minnesota, in the amount of $1,648,703.38 (total for all cities) for trap rock, with an alternate bid of $1,632,268.34 (total for all cities) for granite cover aggregate. Public Works recommends accepting the base bid amount. 60 City of Columbia Heights - Council Letter Page 2 From bid prices in 2017 the cost of the FA -2 trap rock aggregate increased $0.02 per square yard to $0.79 and granite aggregate increased $0.05 per square yard to $0.75. The cost of the polymer modified asphalt emulsion decreased $0.41 per gallon to $1.37. For the City of Columbia Heights, the estimated costs are $37,620 to be appropriated from Zane 2 Seal Coat assessment Proiect and $17,040 to be appropriated from the City Infrastructure Fund. STREET STRIPING: The JPA low bid was submitted by Sir Lines -A -Lot, Inc. of Edina, Minnesota in the amount of $174,828.10 (total for all cities). From the bid prices in 2017, the cost of street striping increased $3.00 per gallon to $20.00 and the cost of street symbols increased $9.50 to $99.50 per gallon, respectively. For the Cit of Columbia Heights, the estimated costs are 3,370 budgeted in State Aid Maintenance and 655 budgeted in the General Fund — Traffic Signs and Signals. RECOMMENDED MOTION(S) — SEAL COATING: Move to waive the reading of Resolution 2018 -18, there being ample copies available to the public. Move to adopt Resolution 2018 -18, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2018 Seal Coating Project to Pearson Bros. Inc. based upon their low, qualified, responsible bid in the amount of $1.37 per gallon of emulsion and $0.79 per square yard of FA -2 aggregate (local streets) with an estimated cost of $54,660 to be appropriated from Fund 415 - 51701 -4000. RECOMMENDED MOTION(S) — STREET STRIPING: Move to waive the reading of Resolution 2018 -19, there being ample copies available to the public. Move to adopt Resolution 2018 -19, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2018 Street Striping Project to Sir Lines -A -Lot, Inc. based upon their low, qualified, responsible bid in the amount of $20.00 per gallon for Street Markings and $99.50 per gallon for Street Symbol Markings with an estimated cost of $3,370 to be appropriated from Fund 212 - 43190 -4000 and $655 to be appropriated from Fund 101 - 43170 -4000. ATTACHMENTS: Resolution 2018 -18 Resolution 2018 -19 61 RESOLUTION NO. 2018 -18 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2018 Seal Coating, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received by the City of Coon Rapids complying with the advertisement: It appears that Pearson Bros., Inc. of Hanover, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Coon Rapids is hereby authorized to enter into a contract with Pearson Bros., Inc. on behalf of the City of Columbia Heights for 2018 Seal Coating, according to the specifications for said project and accepting Pearson Bros., Inc. bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3, City Seal Coating Project shall be funded with special assessment, infrastructure and general funds. ORDER OF COUNCIL Passed this 9th day of April, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 62 Base Bid Amount Alternate Bid Amount Company (Trap Rock) Granite Pearson Bros., Inc. $ 1,648,703.38 $ 1,632,268.34 Allied Blacktop Co. $ 1,771,640.72 $ 1,755,205.68 Asphalt Surface Technologies Corp. $ 2,110,089.38 $ 2,081,328.06 It appears that Pearson Bros., Inc. of Hanover, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Coon Rapids is hereby authorized to enter into a contract with Pearson Bros., Inc. on behalf of the City of Columbia Heights for 2018 Seal Coating, according to the specifications for said project and accepting Pearson Bros., Inc. bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3, City Seal Coating Project shall be funded with special assessment, infrastructure and general funds. ORDER OF COUNCIL Passed this 9th day of April, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 62 RESOLUTION NO. 2018 -19 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2018 Pavement Markings, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received by the City of Coon Rapids complying with the advertisement: Company Amount Sir Lines -A -Lot Inc. $ 174,828.10 AAA Striping Service Co. $ 198,693.95 Warning Lites of Minnesota $ 234,806.14 It appears that Sir Lines -A -Lot, Inc. of Edina, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Sir Lines -A -Lot, Inc. on behalf of the City of Columbia Heights for 2018 Pavement Markings, according to the specifications for said project and accepting Sir Lines -A -Lot, Inc. bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Pavement Markings Project shall be funded with state aid maintenance and general funds. ORDER OF COUNCIL FPassed this 9th day of April, 2018 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 63 0 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE APRIL 9, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: CENTRAL AVENUE MEDIAN FEASIBLITY REPORT DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN / MARCH 21, 2018 BY /DATE: als) �� BACKGROUND: The HSIP project on Central Avenue from 47th to 51St Avenue is now complete. The improvements included pedestrian and vehicle lighting, new sidewalks, and signage focusing on pedestrian and vehicle safety in the corridor. As part of the RFP for engineering services for this project, the preparation of a feasibility report was included to review potential alterations to the median in the corridor for improved pedestrian safety. The City views this project as a unique opportunity to effect a gateway to the community, with improved vehicular and pedestrian safety as the key goal in the design process. Other key project goals are meeting ADA requirements and creating a design consistent with the initiatives of the City Architectural Design guidelines for the Central Avenue Corridor. ANALYSIS /CONCLUSIONS: Schematics of several options were prepared and included in a project open house held March 23 of 2017. Feedback for the median treatments was limited — but those that did comment were most interested in the aesthetics and visibility of any future improvements. The Council subsequently reviewed those options and provided feedback. The attached feasibility report details each treatment with a cost range. Those include: 1. Corten barrier wall and landscape boulders with 12" depressed planting zone 2. Dry — Stacked Stone Wall 3. Gabion Basket Steps with 12" Depressed Planting Zone 4. 3' Corten Barrier Wall with Base Plantings 5. Metal Fence with Barberry Hedgerow 6. 3' Gabion Wall with Railing Treatment, Base Plantings Review of the options favored #3 —the Gabion baskets with a depressed planting zone. As detailed in the feasibility report, this would only apply to median widths of 12 —18 feet in width. Other vertical treatments would be utilized where the median narrows to 4 — 6 feet in width. Two issues remain with moving forward with any treatments. The first is funding. The work is only partially state -aid eligible. Only 5% of the City's Construction allotment is available, or approximately $37,000 over 3 years. The remainder of the $400,000 to $500,000 project cost is undetermined. The second is MnDOT approval. MnDOT has indicated they need more detailed information for their review. This would require detailing the work beyond the scope of the feasibility preparation. RECOMMENDED MOTION(S): Move to accept the Feasibility Report for Central Avenue median treatments, 47th to 49th Avenues. ATTACHMENT(S): Central Avenue Median Feasibility Report 64 Feasibility Report Potential Median Treatments for Central Avenue: 47'° to 49"Avenue Columbia Heights, Minnesota SEH No. COLHT 139409 March 2, 2018 [Page intentionally left blank] 66 Contents 1 Summary of Feasibility Study Report ... .1, .... I 2 Background Criteria .. 2 3 Findings and Recommendations ................3 1. Corten Barrier Wall and Landscape Boulders with 12" Depressed Planting Zone 2. Dry- Stacked Stone Wall 3. Gabion Basket Steps with '12" Depressed Planting Zone 4.3' Corten Barrier Wall with Base Plantings 5. Metal Fence with Barberry Hedgerow 6, 3' Gabion Wall with Railing Treatment; Base Plantings 7, Assumptions for Cost Ranges 8. Preferred Option 4 Future Action ..... .................. .... .7 5 Appendix ........................... ............. ....8 SEH is a registered trademark of Short Elliott Hendrickson Inc. FEASIBILITY REPORT COLHT 139409 67 FEASIBILITY REPORT SECTION 10 Summary of Feasibility Study Report The City of Columbia Heights engaged Short Elliot Hendrickson, Inc. (SEH) to create various options and evaluate potential median treatments that would minimize midblock pedestrian crossings. The project team worked in collaboration with City representatives to explore potential solutions that would balance safety needs with visually pleasing and aesthetically appropriate median treatments. SEH evaluated several feasible design opportunities and strategies through examination of similar project precedents, on -site corridor analysis, evaluation of potential materials and order of magnitude cost estimates. Design strategies carried forward and represented in this Study Report were deemed potentially realistic, pragmatic and feasible — and acceptable to the community. An Open House was held on March 23, 2017 to present the work and to gauge community input. COLHT 139409 68 FEASIBILITY REPORT SECTION 20 Background Criteria The criteria created to evaluate aesthetic median treatments design builds upon the previous planning work done in Columbia Heights, as demonstrated by the successful in- place corridor projects — achieved through the City's Architectural Design guidelines. As a well - traveled north -south commercial corridor with a mix of commercial properties and schools both to the east and west, Central Avenue has many unsafe mid -block pedestrian crossings. The 2017 Central Avenue Safety Improvements project included sidewalk reconstruction, the addition of street and pedestrian lighting, and a 3/4 median north of 47th Avenue. The intent of these improvements was to improve pedestrian visibility and provide safer accommodations for pedestrians, bicycles, and vehicles along the corridor. SEH approached the work with several primary objectives: build upon previous planning work; engage stakeholders in a creative process of placemaking appropriate to the Central Avenue commercial corridor; bring forward our experiences on similar projects and precedents; and share our understanding of safety issues. The goal of the feasibility study was to combine aesthetic median treatments with a vision to achieve safety goals for the unsafe pedestrian crossing conditions between 47th and 49th Avenue. We also proposed and evaluated potential recommendations that are creative, pragmatic and feasible, and provided schematic concept -level design solutions and cost estimates which include barriers, landscaping and /or decorative fencing in the 47th to 49th Avenue center median areas. Cursory discussions of potential median options were held with the Minnesota Department of Transportation (MnDOT) representatives in the course of the 2017 project. In the future, detail discussion with MnDOT will be necessary to proceed through various design reviews and approvals processes. The discussion would also include potential ongoing maintenance agreements for any median features. COLHT 139409 69 SECTION 3- Findings and Recommendations The following recommendations are presented as unique median treatments applied in the widest and narrowest median width scenarios. In actual application, some combination of the various elements shown could be used together as an appropriate design solution — one solution may not fit all applications and some mixing and matching might be necessary. Further engineering and design evaluation will need to occur to appropriately fit the treatments within the medians. The recommendations do share several common traits: clear sightlines of turning vehicles and commercial businesses; creation of visual cue from the outer sidewalks so a pedestrian won't cross the street; sustainable materials and features appropriate to the Columbia Heights context; and avoidance of creating a significant barrier that might trap a pedestrian. 1. Corten barrier wall and landscape boulders with 12" depressed planting zone Corten is a stable, rust resistant steel -base material that takes on mellow, visually appealing earth tones with age. In this potential application, it is used with landscape boulders as a cost effective and visually pleasing mixture of materials. Placement of the barrier in the median depression creates a waist -high insurmountable object and cues pedestrians that are standing on the existing sidewalks to not cross mid - block, but is low enough to not block sightlines for vehicles or commercial signage. Artistic images or text can be applied to the surface or added as cutouts to the top of wall. In the wider median areas, the addition of landscaping with perennials and low shrubs is also desirable. Relative Range of Costs Corten steel $1.50K to $20010 Landscape boulders $25K to $50K Grading/base prep $75K to $100K Artistic ima es or text $25K to $100K+ Landscaping /plant material $80K to $120K Total Cost Range $355K to $570K 11 -20' MEDIAN FEASIBILITY REPORT lV COLHT 139409 70 2. Dry — Stacked Stone Wall Limestone (or a similar flat ledge -stone material) dry stacked walls are visually appealing barriers and easy to repair /restack if struck by an errant vehicle. This timeless material of the earth evokes the history of glaciation and river corridor creation within Minnesota. This material, either dry- stacked or used as a mortared veneer, can be used elsewhere in the commercial corridor as markers, placard mounts, low walls, etc., and could become an iconic branding symbol for Columbia Heights. The limestone material is complementary to the concrete form -liner used for the pedestrian bridge piers. This is a relatively inexpen- sive and low cost option. Relative Range of Costs Limestone wall $50K to $75K Grading /base prep $1 OK to $20K Landscaping /plant material $40K to $80K Total Cost Range $106K to $175K 11 -20' MEDIAN 3. Gabion Basket Steps with 12" Depressed Planting Zone This option is a more complex and holistic solution to deter mid -block pedestrian crossings. Gabion containers are time tested and cost effective, used in streetscapes and site applications throughout the country. The gabion baskets can use a wide range of stone. Columbia Heights' underlying bedrock is composed of sedimentary limestone; using this type of stone is context appropriate and complements the concrete form - liner pattern used on the pedestrian bridge piers. The placement of the baskets in the depressed median also creates a slight physical barrier without obstructing vehicle sightlines and will cue pedestrians on the sidewalks to "not cross" mid - block. Landscaping and "rain garden" type plant materials could be incorporated and provide some water infiltration and cleansing. Once the plant material is established, this median treatment is relatively low maintenance. Relative Range of Costs Gabion baskets w/ limestone $100K to $150K Grading /base prep $75K to $100K Landscaping /plant material $80K to $120K Total Cost Range $255K to $370K BUSSTOP TRAVEL LANE TRAVEL LANE MEDIAN TURN LANE TRAVEL LANE TRAVEL LANE BLVD S.DEW< FEASIBILITY REPORT COLHT 139409 71 4. 3' Corten Barrier Wall with Base Plantings For the narrow median areas, a waist -high vertical wall can be used as a longer linear implementation strategy to decrease mid -block pedestrian crossings. The warm -toned industrial look of corten steel can be softened with perennial and small shrub plantings along the narrow median edge. A disadvantage of this treatment is potential vehicle hits may be difficult and costly to repair. Relative Ran a of Costs Corten steel $100K to $150K Perennial /small shrub plantings $10K to $20K Total Cost Range $110K to $170K i_ 6 -10' MEDIAN 5. Metal Fence with Barberry Hedgerow A simple and straightforward design treatment to stop mid -block crossings. Many prefabricated (e.g. not custom) fence options are readily available through a variety of manufacturers and provide a wide range of cost, material and aesthetic variables. If struck or damaged, fence segments could be purchased and replaced. The fence barrier would be visible from the sidewalks and the pickets allow sightline transparency for vehicles. The metal fence paired with a prickly, all season barberry plant make this an effective treatment with seasonal interest. Relative Range of Costs Metal fence $100K to $150K Perennial /small shrub plantings $10K to $20K Total Cost Range $110K to $170K Jd� 6 -10' MEDIAN FEASIBILITY REPORT COLHT 139409 72 FEASIBILITY REPORT 6. 3' Gabion Wall with Railing Treatment, Base Plantings Gabion baskets in a vertical and narrow application would provide a barrier and visual cues to deter pedestrians from crossing. Gabion baskets can be made to contain a variety of different materials and could be swapped -out and replaced cost effectively if damaged. In this application, the baskets are shown with a top rail to allow vehicle sightlines. Tough, durable, hardy and drought resistant low plant material, such as a climbing /clinging vine could be used at the base of the baskets. Relative Range of Costs Gabion baskets w/ limestone $50K to $75K Landscaping climbing /clinging vines $10K to $20K Total Cast: Range $60K to $95K 1 4' 1 5 1 14' 1 14' 6 -10' ! 14' 1 :r l 14' 1 4 I ; I SHELTER SMIIWAt SHIELD TRAVEL LANE TRAVEL LANE MEDIAN TRAVEL LANE TRAVEL LANE TURN LANE OLV0 SIDEWALK 7. Assumptions for Cost Ranges 1. The cost information is based on either the large median (11' to 20' wide) and smaller median (6' to 9' wide); a range and combination of both median widths may be required for the proposed 3 blocks of median treatment. 2. Specific design features and elements can be mixed and matched for cost reductions. 3. Total cost ranges do not include modifications to in -place infrastructure that may be required, including curb & gutter, concrete flat work /slope paving within median, utilities, and /or storm /sewer alterations or realignments. 8. Preferred Option Based on community feedback from the Open House and City Council review, the de- pressed gabion basket with landscaping option was preferred over other options explored and presented. COLHT 139409 73 FEASIBILITY REPORT SECTION 4- Future Action The City of Columbia Heights will choose how to move forward with the information in this study report to evaluate the best and most appropriate application of median treatments, seeking reviews and consensus from MnDOT and area businesses. The City will seek various funding sources as well. Most highway grant programs, (such as Cooperative Agreements, Highway Safety Improvement Program (HSIP), Safe Routes to Schools, or similar), are limited in application to aesthetic treatments. The City will continue to seek and support all funding opportunities as applications come available, especially for safety -based improvements. Some Metropolitan Council grant sources may also fund aesthetic treatments. The City has an option to tap 5% of its State Aid construction allotment over 3 years, generating $35,000 /year or a total of $105,000 to dedicate to median improvements. Developer fees implemented through the Economic Development Authority may also be considered. Partial Assessments to abutting properties may be a funding mechanism. Traditionally, assessments have been used for infrastructure type improvements for streets and utilities. When Central Avenue was improved in 2002, the City limited streetscaping assessments to 10% of the improvement cost. COLHT 139409 74 FEASIBILITY REPORT SECTION 5e Appendix The following pages show the median treatment precedents that were on display at the March 23, 2017 community meeting. The precedents reflect the design findings and recommendations outlined in this report. COLHT 139409 75 O N b cd O a as w UO M O N G.l y N U Gzi +0 O N 'd a Cd as x W4 cn M O N CJ U U O CW/) M 0 N b N cd a m O N U U U O x W cn m O N U N 0 x W c� 77 m O N N U U O x W M O N W v� Y o--; �, N U o V) 1 .24 . P ;-4 E E x C aj E E N CL 0 lzlY 0 - x CD E E u'7 co x 0 rIj CL u 0 aj E 'D 2 CL E 0 u qq 6.� 6A a&= cant QAm ok 78 ti 4� O Ap L U 0 1 o 7d U . N mm ,. L -j ,,E• r,, 1 ,�•ih 1 r - I %Ilk 1 4' a •, r `l t I -AWL- Building a Better World for All of Us Sustainable buildings, sound infrastructure, safe transportation systems, clean water, renewable energy and a balanced environment. At SEH, Building a Better World for All of Us communicates a company -wide com- mitment to act in the best interests of our clients and the world around us. J■ We're confident in our ability to balance these. requirements. SEH 80 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE APRIL 9, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: DESIGNATE TEMPORARY "NO PARKING" ON THE 39TH AVENUE RIGHT OF WAY FROM ROUNDABOUT TO CENTRAL AVENUE DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN / MARCH 23, 2018 BY /DATE: �Q a151 1� BACKGROUND: Construction on 39th Avenue from the roundabout to Central Avenue is tentatively scheduled to begin in late April. The work includes partial reconstruction of the street with new concrete curb and gutter and 6 foot wide sidewalk along the south side of the street. The curbing on the south side of the street will be moved in 6 feet allowing the sidewalk to be installed at the back of the new curb. This narrows the roadway from 46 to 40 feet. The current practice of several businesses is for both employees and customers to park on the street and in the boulevard area, right up to the back of the curb. To facilitate construction, staff is requesting temporary No Parking within the right of way on 39th Avenue. On the aerial, the right of way is designated with a yellow line. On the display, the right of way is designated with a green line. Other than during specific operations, the street will remain open for businesses to access their property. Staff will be meeting with business owners and residents in mid -April prior to the start of construction. For north side businesses where staff parking may become an issue, staff will coordinate employee parking within the Huset Park east parking lot, immediately behind the industrial area. STAFF RECOMMENDATION: Staff recommends designating temporary "No Parking" on both sides of 39th Avenue and from the back of curb to approximately 7' from the curbs from the roundabout to Central Avenue between April 23 and June 20, 2018 during the reconstruction of 39th Avenue,. RECOMMENDED MOTION(S): Move to designate "No Parking" within the 39th Avenue 60' right -of -way from the roundabout to Central Avenue between April 23 and June 20, 2018. ATTACHMENT(S): 39th Avenue Planned Construction 81 Cl) M W 0 0 1-09 r7a mil it 'i me. C14 co 0 91 14 LL s " - 3N 3nN3Atl NN1N37 G ~ 3N 133115 ANNU1b a zz ± inni a t- 00 a 4 - •. z .xx 1 ___. � � � a x o z ., s r 3N 133115 N3ene NVA Ir y ~W 4 3N 133!!1S NOS)IJtlf z ris a 5 it a brgl W f . -- �a ♦mss 4 3 3' �X g, 1+ 3N133115 ADNIn0 OX 2- M W J � 5 F 3 3 3 — 3N3nN3AVIVU -N37 3N 133tl1S QNUID a ca = z i - M e —x = J G LD ) 1 II 11 z y 3N 13381S MON NVA 11161 3NIHJVW ]AI I _ c }- :_ I t Y_ I 2a w az i 3N133b1S NO"DVF ac III lot a5 N } u o - c ,z I p a 'o $ , n tv1s x = I '^ a t -mml - 0 z orpvmc. -� � Li•1 '.3 p a� o 3N133b15A7NinT) Coss 1 ® vi AGENDA SECTION CONSENT AGENDA COLUMBIA ITEM NO. _ 7H HEIGHTS MEETING DATE APRIL 9, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Development Contract for the Holy Spirit Association for the Unification of World Christianity DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck/ April 4, 2018 BY /DATE: N 1.5 mwt BACKGROUND: On December 5th, 2017 the Planning Commission approved the site plan for a proposal to construct a new building on the property located at 3836 Stinson Boulevard NE. The property has been vacant for approximately five years. The existing building has been demolished, and the property owner will be constructing a religious facility on the vacant lot. On December 11th, 2017 the City Council approved a Conditional Use Permit to allow for the religious facility to operate on the property. The proposed development will include a 10 foot wide bituminous public trail on the north side of the lot and a decorative water ponding feature on the west side of the lot. Specific site requirements such as governance of the public trail and storm water retention pond are outlined in the attached Development Contract. The contract was a required component of the Site Plan Approval and must be approved by the City Council prior to construction. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2018 -20, approving the contract as presented. RECOMMENDED MOTION(S): Motion: Waive the reading of Resolution No. 2018 -20, there being ample copies available to the public. Motion: Move to approve Resolution No. 2018 -20, being a resolution authorizing the execution of the Development Contract, between the Holy Spirit Association for the Unification of World Christianity and the City of Columbia Heights. ATTACHMENTS: Resolution 2018 -20 Development Contract 85 Development Contract -Holy Spirit Association for the Unification of World Christianity RESOLUTION NO. 2018 -20 A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing the execution of the Development Contract, between the Holy Spirit Association for the Unification of World Christianity and the City of Columbia Heights. Whereas, the Planning Commission approved the Site Plan for the proposed development on December 5th, 2017 and the City Council approved a Conditional Use Permit for the proposed development on December 11th, 2017; and Whereas, certain improvements which will be completed as components of this proposed development are required to be reviewed and monitored by the City as outlined in the Development Contract. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights approves Resolution No. 2018 -20, authorizing the execution of the Development Contract between the Holy Spirit Association for the Unification of World Christianity and the City of Columbia Heights. ORDER OF COUNCIL Passed this 9th day of April, 2018. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 86 DEVELOPMENT CONTRACT •' Holy Spirit Association for the Unification of World Christianity (a California Corporation) COLUMBIA HEIGHTS, MINNESOTA THIS INSTRUMENT WAS DRAFTED BY: Barna, Guzy & Steffen Ltd. (TRW) City Attorney 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Coon Rapids, MN 55433 Telephone: (763) 780 -8500 Kevin Hansen Public Works Director /City Engineer Elizabeth Holmbeck City Planner City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Telephone: (763) 706 -3705 87 TABLE OF CONTENTS TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR 3836 Stinson Boulevard NE, COLUMBIA HEIGHTS, MINNESOTA RECITALS ARTICLE I — 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 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 ii 88 A. Authority 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 Record Drawings iii 89 9.14 Additional Agreements 9.15 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 — FORM OF MAINTENANCE AGREEMENT 1v 90 CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR Holy Spirit Association for the Unification of World Christianity (a California Corporation) THIS DEVELOPMENT CONTRACT ( "Development Contract "), is made and entered into on the 9th day of April, 2018, by and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of Minnesota, (the "City "), and Holy Spirit Association for the Unification of World Christianity a California Corporation (the "Owner" and the "Developer). WHEREAS, the Developer has applied to the City for Site Plan Approval for the development of a religious facility to be located at 3836 Stinson Boulevard NE., Columbia Heights, NIN 55421; WHEREAS, by Resolution No. 2017 -PZ05, the City has approved the Site Plan referenced in such Resolution, subject to (among other items and conditions outlined in Resolution No. 2017 -PZ05) 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 Holy Spirit Association for the Unification of World Christianity, a California Corporation. 91 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. 2 92 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: Holy Spirit Association for the Unification of World Christianity (a California Corporation) 4 West 43rd Street, New York, NY 10036 with copy to: Keith Anderson 8549 Forestview Lane N Maple Grove, MN 55369 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. ARTICLE 2 DEVELOPER IMPROVEMENTS 2.1. DEVELOPER IMPROVEMENTS. The Developer shall install at the 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. 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 93 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 storm water 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 Plowe Engineering, Inc., for engineering purposes, Lampert Architects, for architecture purposes, and R J Ryan Construction, Inc., for general contracting purposes. 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 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 M 94 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. 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. 95 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 of any federal, state, local or foreign court, department, agency or instrumentality. 0 96 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 WORD 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 religious facility, 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 proposed construction routes and construction access locations for review and approval by the City Representative. The Developer shall also 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. 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. 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 7 97 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, 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 8 98 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 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 6 99 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 $46,875.00 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 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: 10 `11181 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, ten percent (10 %) 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 an amount equal to ten percent (10 %) of the Security, 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. 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. 11 101 9.2. NO THIRi7 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. 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 12 102 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. 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. 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 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. 9.14. ADDITIONAL AGREEMENTS. A. Maintenance Agreement. Upon the completion of the Developer Public Improvements, the Owner shall execute a "Maintenance Agreement" in the form attached hereto as Exhibit D and shall immediately file the Maintenance 13 103 Agreement with the Anoka County Recorder's Office. In addition to the agreement with the City, the Owner shall execute a "Maintenance Agreement" in the form attached hereto as .Stormwater Facilities Maintenance Agreement With Access Rights and Covenants, as required by the Rice Creek Watershed District, and shall immediately file the "Maintenance Agreement" with the Anoka County Recorder's Office. B. 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. C. Ston- nwater Facilities Construction. "Stormwater Facilities" shall include: detention basins, retention basins, filtration systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curb -less parking lot islands, parking lot islands with curb -cuts, traffic islands, tree box filters, bio- retention 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 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 14 104 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. D. 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 1/2 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(C) 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 Rice Creek Watershed District), easements relating to the maintenance and monitoring of the Stormwater Facilities, in form and substance as is customary for such easements. E. The Owner hereby agrees to dedicate a 10 foot easement to accommodate a public trail, spanning the northern property line, from Stinson Boulevard to McKinley Street. F. The City agrees to construct and pay for the trail. G. The owner shall dedicate public drainage and utility easements around the periphery of the Site and storm water pond and public trail. The owner is responsible for writing and recording these easements. The easements must be recorded with the Anoka County Recorder's Office. Documentation that the easements have been recorded shall be submitted to the City. 9.15. 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. 15 105 729269 -v1 [SIGNATURES TO APPEAR ON FOLLOWING PAGES] 16 106 IN WITNESS WHEREOF, the parties have executed this Development Contract as of 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 9th day of April, 2018, 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 17 107 IN WITNESS WHEREOF, the parties have executed this Development Contract as of DEVELOPER & OWNER: Holy Spirit Association for the Unification of World Christianity, a California Corporation By: - Name: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this [0] day of [0], 2018, by the [*]of [0], a Minnesota [0], who executed the foregoing instrument on behalf of said M. Notary Public 18 108 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That certain real property in Anoka County, Minnesota, legally described as follows: LOTS 4 & 5 BLK 1 WALTON'S SUNNY ACRES 2ND ADDITION 109 EXHIBIT B LIST OF DEVELOPMENT PLANS Those certain plans, specifications and design drawings prepared by Lampert Architects, dated November 3, 2017, titled HSA -UWC Church, and Plowe Engineering, Inc., dated November 6, 2017, titled HSA -UWC Church, which plans were approved by the City of Columbia Heights Planning and Zoning Commission on December 5, 2017. 110 EXHIBIT C DEVELOPER PUBLIC IMPROVEMENTS AND REQUIRED ESCROW irtlprovements and Escrow Items ITEM COST Site Restoration $10,000.00 Street Restoration $12,500.00 Connection to Public Utilities $5,000.00 Site Landscaping $10,000.00 Equals: $37,500.00 Multiplied By: 1.25 $37,500.00 x 1.25 Equals: $46,875.00 TOTAL COST AND ESCROW AMOUNT: $46,875.00 *The Developer Public Improvements shall be completed within 12 months following the date of this Development Contract. In addition to the Escrow or Letter of Credit required, the Developer shall deposit $3,500.00 in cash with the City with the execution of this Development Contract. This $3,500.00 shall be to pay the City for the past and future engineering site inspection fees at the City's standard rates charged for such tasks. The City represents to the Developer that the sum of $0 is presently outstanding for such site inspection fees and that no additional amount will be charged to the Developer for engineering site inspection fees incurred prior to the effective date of this Development Contract. Upon acceptance of the Developer Public Improvements, the City shall return to the Developer any remaining portion of the $3,500.00 not otherwise charged against the Developer for engineering inspection performed by the City. To the extent the engineering inspection fees, calculated according to the City's standard rates, exceed the $3,500 deposit; the Developer is responsible for payment of such excess within thirty (30) days after billing by the City. am EXHIBIT D FORM OF MAINTENANCE AGREEMENT MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT ( "Agreement ") is made on this 9th day of April, 2018, by and between Holy Spirit Association for the Unification of World Christianity, a California Corporation ( "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 "). WITNESSETH: WHEREAS, the Parties have entered into a Development Contract for Holy Spirit Association for the Unification of World Christianity, a California Corporation (the "Development Contract ") dated the 9th day of April, 2018, relating to the construction and development of a religious facility by Owner, on the real property owned by Owner, located at 3836 Stinson Boulevard NE, Columbia Heights, Minnesota and legally described on Exhibit A attached hereto (the "Property "); WHEREAS, pursuant to the Development Contract, in the location depicted on Exhibit B attached hereto (the "Improvements "), and Owner will be responsible for the maintenance and repair to, and snow removal from, such Improvements; 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 Improvements 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: I. Desien and Construction. Owner, at Owner's sole cost and expense, will be responsible for the design, construction and installation of the Improvements, 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 Improvements, and the City shall inspect the work to confirm that it is in conformity with City standards. 2. Maintenance. Once the Improvements have 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 Improvements. Without limiting any of E -1 112 the foregoing, specifically included in Owner's obligations under this section related to the Improvements are all site improvements, including the stormwater BMP's. 3. License. The City hereby grants Owner, its assigns, contractors and employees, a license to access the Improvements 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 Improvements 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 Owner: Holy Spirit Association for the Unification of World Christianity, a California Corporation) 4 West 43rd Street, New York, NY 10036 E -2 113 with copy to: Keith Anderson 8549 Forestview Lane N Maple Grove, MN 55369 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. Severabilit) . 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] E -3 114 IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement as of 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 91h day of April, 2018, 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 E -4 115 IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement as of OWNER: Holy Spirit Association for the Unification of World Christianity, a California Corporation By: Name: Kaye Allen Its: Corporate Secretary STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this [r] day of [r], 2018, by the [ ,@]of [0], a Minnesota [0], who executed the foregoing instrument on behalf of said Notary Public E -5 116 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That certain real property in Anoka County, Minnesota, legally described as follows: LOTS 4 & 5 BLK 1 WALTON'S SUNNY ACRES 2ND ADDITION 117 EXHIBIT B DEPICTION OF IMPROVEMENTS Site Plan dated November 3, 2017 Stormwater and Utility Plan dated November 6, 2017 E -7 118 \| |� | .� Alm . \ / « ._ >� � [ M c K I N L E Y STREET _ \ q: ° \ � V§ {\ j § |� , S T I N S 0 N BLVD � �2� � CHURCH % O • e�S �H / m, /ek � Heights, MN l s , |_ :- < 119 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA STORMWATER FACILITIES MAINTENANCE AGREEMENT WITH ACCESS RIGHTS AND COVENANTS L Insert_l'roiect Itelcrence NLlnlbCI -S } This AGREEMENT, made and entered into this _ day of 20_, for the maintenance and repair of certain Stormwater Management Facilities is entered into between (hereinafter referred to as "OWNER ") and the City of Columbia Heights (hereinafter referred to as "CITY ") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WITNESSI~TH WHEREAS, the undersigned is the owner of that certain real property lying and being in the Land Lot /District, identified as [Tax Map /Parcel Identification Number] and being more particularly described by deed as recorded in the land records of the City of Columbia Heights, Minnesota, Deed Book Page , hereinafter called the "Property ". WHEREAS, the undersigned is proceeding to build on and develop the property; and has submitted the Site Plan/Subdivision Plan known as _ (Name of Plan/Development) hereinafter called the "Plan ", which is expressly made a part hereof, as approved or to be approved by the City, provides for detention of stormwater within the confines of the property; and WHEREAS, the City and the undersigned, its successors and assigns, including any homeowners association, (hereinafter the "Landowner ") agree that the health, safety, and welfare of the residents of the City of Columbia Heights, Minnesota, requires that on -site stormwater management facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on -site stormwater management facilities as shown on the Plan (the "Facilities ") be constructed and adequately maintained by the Landowner, NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows; (1) When a new drainage control facility is installed, the party having the facility installed shall obtain a copy of the as -built plans from the City of Columbia Heights Engineering Department. Responsible parties shall make records of the installation and of all maintenance and repair, and shall retain the records for at least ten years. These records shall be made available to the City of Columbia Heights' City Engineer during Inspection of the facility and at other reasonable times upon request of the City Engineer. 120 IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused this Agreement to be signed, sealed and delivered: (Insert Company /Corporation/Partnership Name) [SEAL] By: (Type Name and Title) The foregoing Agreement was acknowledged before me this day of____ -.—,20 , by Unofficial Witness NOTARY PUBLIC My Commission Expires: CITY OF COLUMBIA HEIGHTS, MINNESOTA 121 coo COD }44 c IC I N L E Y STP E E T Ca Co O CD �j r4 A A xj� 12 -AMVAY7 - ---------- S Ir I N S 0 N ;BOULEVARD of t; 0A AA is" mmcmm co 33 3 MMW MM l=A -1 I @ Lill 4� I mmcmm co 33 3 MMW MM l=A -1 I C-A Ll o ILL, a �_2 1" Pay c ,� -� � � Vl I N �., �� -- r eta � -- 0 Ora-lei C0 z 0 - zz S T I N S 0 N '30ULEVAQD CO 0-4 z 00 33 o 0 Ora-lei C0 z 0 S T I N S 0 N '30ULEVAQD CO 0-4 00 33 o xz zi V all 0 '. t z 3: A— _ QU u 1 Q it )> -Ell M C I N L Y L 71 A -A 71 S TINS ON E3 0 Ll L.a V A Q 0 0^7E ".STNLI.0 UMCNUICH 33 44V MMMMWNUWA coa VMS ol 4 a u 1 Q it )> -Ell M C I N L Y L 71 A -A 71 S TINS ON E3 0 Ll L.a V A Q 0 0^7E ".STNLI.0 UMCNUICH 33 44V MMMMWNUWA coa _,s, •�i �'L t rsa t - I . y. r zr s ,; 4 00 C m 0r IN 0 D mumcm' A 5 _ 2 c 7 mom • 1 Et 1 i ,3 e � �f� �� - _ 3 = Z C � 05 =Z xaAuun:cxuucx Cil — ■ � !! Yn �F � CNIMi1F 116aff�.YplfdliTi �`_ _ 3 h.i 0 M m V 0 C =1 0 Z CR * z 0 =1 00 C M 0 x z ==glum \,*,I - F3> s. r: (A F, rn O r-1 z 0 z 0 Lo n z 0 zA Ln JAI ==glum \,*,I - F3> s. r: (A F, rn O r-1 z 0 z 0 Lo n z 0 COLUMBIA II AGENDA SECTION CONSENT AGENDA COLUMBIA ITEM NO. 71 H E I G HTS . MEETING DATE APRIL 9, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER BACKGROUND: Attached is the business license agenda for the April 9, 2018 Council meeting. This agenda consists of applications for 2018 Contractor Licenses and a Massage Therapist License. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for April 9, 2018 as presented. ATTACHMENTS: 128 City of Columbia Heights - Council Letter TO CITY COUNCIL April 9, 2018 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2018 BLDG *Mickman Bros. Inc. 14630 Highway 65, Ham Lake $80 *J -Berd Mechanical 3308 Southway Dr, St Cloud $80 *Top Dog Mechanical 19942 Irving St NW, Elk River $80 Premier Htg & AC 128 E 701h St, Richfield $80 PB Services LLC 9410 Bataan St NE, Blaine $80 *Nowthen Plumbing Inc 19960 Ferret St, Elk River $80 *Trenk Mechancial LLC 11086 Chaparral Ave, Shakopee $80 *Patrick Miller Const 6400 Central Ave, Blaine $80 Craig's Htg & AC 1199 361St Ave NE, Stanchfield $80 *J Berd Mechanical 3308 Southway Dr, St Cloud $80 MASSAGE THERAPIST *Zaibo Xia at Col. Hts. Massage 509 University Ave $100 129 Page 2 CN G 00 W F- O N H z C W N J z 0, a U r, Q r- O w F- u Q LU p Q O 0 p z z LU W 0 W W a ~ 2 CD I- 2 w m D J O LL O z LU Q CL W 0 LU C-) z LL co O N ci �L Q. 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