HomeMy WebLinkAbout04-09-2018 CCP1
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Columbia
Heights
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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(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.
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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
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(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
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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.
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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.
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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
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EXHIBIT C
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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:
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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.
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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
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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
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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
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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.
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729269 -v1
[SIGNATURES TO APPEAR ON FOLLOWING PAGES]
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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
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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
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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
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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]
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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
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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
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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
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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
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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
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