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HomeMy WebLinkAbout05-29-2018 CCPColumbia Heights All- America City 2016 1. CALL TO ORDER /ROLL CALL 2. INVOCATION CH- COLUMBIA HEIGHTS www.columblaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 59040t' AVE NE TUESDAY, MAY 29, 2018 7:00 PM Invocation provided by Bill Hugo, St Matthew Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible manner. S. APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of May 14, 2018 pg 3 B. Consideration of approval of attached list of rental housing applications. pg 16 MOTION: Move to approve the items listed for rental housing license applications for May 29, 2018, in that they have met the requirements of the Property Maintenance Code. C. Approve Business License Applications pg 30 MOTION: Move to approve the items as listed on the business license agenda for May 29, 2018. D. Review of Bills pg 32 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 $676,659.51. City of Columbia Heights City Council Agenda MOTION: Move to approve the Consent Agenda items. May 29, 2018 Page 2 8. PUBLIC HEARINGS pg 43 A. Approval Consideration of Resolution 2018 -32, a Resolution for the Issuance of Tax Exempt Bonds MOTION: Move to waive the reading of Resolution 2018 -32, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2018 -32, a resolution authorizing the issuance, sale and delivery of a revenue obligation for the benefit of Love To Grow on; authorizing the execution and delivery of the revenue obligation and related documents; and approving other actions related thereto. pg 57 B. First Reading of Ordinance 1648 Amending Chapter 2, Section 10 and Chapter 6, Section 53 pertaining to the Direction of the Police Department. MOTION: Move to waive the reading of the Ordinance No. 1648, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No.1648, being an ordinance amending Chapter 2, Section 10 and Chapter 6, Section 53 of the City's Charter pertaining to the Direction of the Police Department for June 11, 2018, at approximately 7:00 p.m. in the City Hall Council Chambers. 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. It has been a long- standing practice that the Community Forum not be used as a platform for campaigning or voicing positions for or against any candidate running for political office. 12. ADJOURNMENT Walt Fehst, City Manager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno columbiahe1 htsmn.eov, to make arrangements. OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 14, 2018 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday May 14, 2018 the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:04 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr., Councilmember Buesgens, and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kelli Bourgeois; Human Resources Director /Assistant to the City Manager, Kevin Hansen; Public Works Director, Elizabeth Holmbeck; City Planner, Renee Dougherty; Library Director, and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Bonnie Wilcox, First Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. 5. APPROVAL OF AGENDA Mayor Schmitt announced the following changes to section 6: Item C, moved to Item D. The addition of Item 6C: Memorial Day Services announcement. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to approve the agenda as amended. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Update from Amanda Scheevel, Director of Senior Programs ACAAP Amanda Scheevel reported that the senior population (aged 60 and older) in Anoka County is expected to continue to grow rapidly. ACAAP provides many services to seniors including; Chores & More, a Senior Companion Program, a Senior Information Line, and a Senior Outreach Program. Karen Fantle, Senior Outreach Worker reported she works with residents to help them to find support options allowing them to remain in their home as long as possible. City Manager Walt Fehst asked if the Chores & More program is still active. Ms. Scheevel indicated it is, however volunteers are limited. B. National Public Works Week Proclamation Mayor Schmitt read the proclamation, and presented it to Public Works Director Kevin Hansen. Mayor Schmitt commented that she has heard positive feedback regarding the Public Works Department. City Council Minutes May 14, 2018 Page 2 of 13 C. Memorial Day Service Announcement Mayor Schmitt announced the VFW Post 230 will be hosting a Memorial Day Service on May 28th outside of City Hall. D. Follow up from Anoka County Assessors Alex Guggenberger and Theodore Anderson Alex Guggenberger, Anoka County Assessor gave an overview of the parcels that were discussed at the April 23rd meeting. In cases where multiple parcels are owned, adjustments were made to increase the value on the buildable parcel, and decrease the valuation of the unbuildable areas. An additional property (36- 30 -24- 42 -0008) requires a classification change to Residential Homestead. City Manager Walt Fehst clarified that if residents continue to have a grievance with the assessed value they can attend the County Assessors meeting on June 111H Guggenberger reported the market value of properties has increased county wide, indicating that in Columbia Heights, St Anthony and Fridley 2 of 31 homes currently for sale are under $200,000. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve the recommended changes to parcel 36- 30 -24 -42 -0006 increasing the land value to $60,300. Parcel 36- 30 -24 -42 -0005 decrease from $31,000 to $3,200, total property value $207,200. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to approve the recommended changes to parcel 36- 30 -24 -42 -0004 decreasing the land value to $60,500. Total property value $195,900. No changes are recommended for Parcel 36- 30 -24 -42 -0003. Property 36- 30 -24 -42 -0007 decrease from $31,800 to $3,200, as well as changing the classification to 1A. All Ayes, Motion Carried. Alex Guggenberger indicated the property owner at 592 38th Ave NE has requested a $5,000 decrease in his valuation. Comparable sales were reviewed, and no changes to valuation were recommended. Jeff Ingebrigtson, owner of 592 38th Ave NE disagreed with the assessor's opinion, and appealed to the council to consider his request. Mayor Schmitt, Councilmember Murzyn, Jr. and Councilmember Novitsky suggested Mr. Ingebrigtson appeal to the County Board. Malcolm Watson, who serves on the County Board, indicated that Columbia Heights has seen significant increases in home values. Mr. Guggenberg stated there were a couple of clerical errors in the splitting of properties, (35- 30 -24 -33 -0182 and 35- 30 -24 -33 -0181) and they have been corrected. Park View Apartment Complex (36- 30 -24 -32 -0003) has indicated they will be attending the County Board meeting on June 11tH Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to take a 5 minute recess. All Ayes, Motion Carried. The Council recessed at 8:07 PM, and reconvened at 8:13 PM, 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.) City Council Minutes May 14, 2018 Page 3 of 13 A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of April 23, 2018 MOTION: Move to approve the minutes of the City Council work session of May 7, 2018 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Planning & Zoning Commission minutes from April 3, 2018 MOTION: Move to accept the Park & Recreation commission minutes from February 28, 2018 MOTION: Move to accept the Traffic commission minutes from November 6, 2017 MOTION: Move to accept the EDA commission minutes from April 2, 2018 MOTION: Move to accept the Library Board minutes from April 4, 2018 C. Public Safety Staffing Study Request for Proposals MOTION: Move to issue a Request for Proposals for a Public Safety Staffing Study of the Police and Fire Departments as provided for in the 2018 budget D. Authorizing a mandatory six month review process, as required by State Statute, to allow adjacent communities to review the City's draft 2040 Comprehensive Plan. MOTION: To authorize staff to distribute the City's draft 2040 Comprehensive Plan to adjacent communities for a mandatory six month review process, as required by State Statute. E. Resolution 2018 -31 changing the name of Circle Terrace Park To Bruce Nawrocki Park, and naming the adjacent building to City of Peace Neighborhood Center. *Removed for Discussion. MOTION: Move to waive the reading of Resolution 2018 -31, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -31 changing the name of Circle Terrace Park To Bruce Nawrocki Park, and naming the adjacent building to City of Peace Neighborhood Center based upon a recommendation of the Park & Recreation Commission F. Approve Resolution 2018 -28 Amending 2018 Budget (re Transfer of Funds) MOTION: Motion to waive the reading of Resolution No. 2018 -28, being a resolution amending the 2018 budget to use certain additional revenue, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2018 -28 being a Resolution amending the 2018 budget to use certain additional revenue. G. 2018 Agreement for Residential Recycling Program with Anoka County (Annual Score Grant) MOTION: Move to authorize the Mayor and City Manager to execute the annual SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program with $102,435 in funding available to reimburse eligible recycling expenses. H. Circle Terrace Community Building Facility Use Policy MOTION: Move to accept the Circle Terrace Community Building Facility Use policy. I. Resolution 2018 -29 Designating "No Parking" On the South Side Of 391h Avenue from Jefferson Street /Huset Parkway to Central Avenue 5 City Council Minutes May 14, 2018 Page 4 of 13 MOTION: Move to waive the reading of Resolution 2018 -29, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -29 designating "No Parking" on the south side of 39tH Avenue NE from Jefferson Street /Huset Parkway to Central Avenue. J. Resolution 2018 -30 Declaring the Intent to Bond for 37th Avenue State Aid Street Rehabilitation, Project 1805 MOTION: Move to waive the reading of Resolution 2018 -30, there being ample copies available to the public. MOTION: Move to adopt Resolution 2018 -30, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the 37th Avenue State Aid Street Rehabilitation, Main Street to 5th Street, Project 1805. K. Joint Powers Agreement with the City Of Minneapolis for Street Rehabilitation Of 37th Avenue from Main Street to 5th Street MOTION: Move to enter into a Joint Powers Agreement for 37th Avenue street rehabilitation from Main Street to 5th Street. L. Authorize the Capital Equipment Replacement of Unit #226, Toro Groundsmaster 580 -D Lawnmower MOTION: Move to authorize the capital equipment replacement of Unit #226 with one (1) new Toro Groundsmaster 5910 from MTI Distributing in the amount of $97,896.22 plus tax from the Minnesota State Purchasing Contract. Funding shall be from the Park Capital Equipment fund, 431 - 45200 -5180. M. Accept Bids and Award Contract for Library LED Signage MOTION: Move to accept bids and award the construction of a Columbia Heights Library sign, contingent upon the conditional use permit to allow for a Dynamic LED monument sign, to Albrecht Sign Company of Fridley, Minnesota, based upon their low, qualified, responsible bid in the amount of $49,800 from Fund 450 - 51410 -5185; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. N. Accept Bids and Award Contract for Public Safety Building Garage Floor Coating Move to accept bids and award the contract to SwedeBro Company for epoxy coating the Public Safety Building floor in the amount of $20,750, and, authorize Mayor and City Manager to enter into a contract for the same, and to appropriate funds from the 2018 Public Safety Fund 411 - 42100 -4020. O. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 14, 2018. P. 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 $1,377,950.83. Motion by Councilmember Williams, seconded by Councilmember Buesgens to approve the Consent Agenda items A, B, C, D, F, G, H, 1, J, K, L, M, N, O, and P. All Ayes, Motion carried. City Council Minutes May 14, 2018 Page 5 of 13 The following item was removed for discussion E. Resolution 2018 -31 changing the name of Circle Terrace Park to Bruce Nawrocki Park, and naming the adjacent building to City of Peace Neighborhood Center. *Removed for Discussion. City Manager Walt Fehst reported that at the April Park and Recreation Commission meeting, the Commission voted 3 -2 to recommend approval of renaming Circle Terrace Park to Bruce Nawrocki Park. According to County and City records, in July, 1975, the City of Columbia Heights acquired the lot at 1301 Circle Terrace Boulevard, removed a twin home that was located on the lot, and dedicated the site as a playlot. Though referred to as "Circle Terrace Park ", the lot was considered part of adjacent LaBelle Park. Playground equipment and a tennis court were installed on the site. In July, 1975, Bruce Nawrocki was mayor of Columbia Heights. In 2014, the City acquired 1303 and 1309 Circle Terrace Boulevard, directly adjacent to the playlot site, and demolished the blighted twin home that was located on the site. In 2016, the City received Community Development Block Grant (CDBG) funding in the amount of $236,771 for the construction of the multi -use building. The City later received an additional $130,000 in CDBG funding for the project. Construction of the building was essentially completed at the end of 2017. When the City applied for the CDBG funding for the construction of the park building, the building was referred to in various documents as the "City of Peace Park and Recreation Building ". The term "City of Peace" was selected due to its representation of the City's various efforts to support a safe, vibrant and welcoming, multi - cultural community. The term "City of Peace" was officially adopted in 2016 by the City Council as one of the City's official taglines. The "City of Peace" terminology was used to help promote the City during the 2016 All- America City award competition. The term was also used when discussing this project, and various other endeavors, with local, state and federal leaders throughout the past several years, including then United States Attorney Andrew Lugar and Congressman Keith Ellison. The Park and Recreation Commission discussed incorporating the term "City of Peace" into the name of the building on the site, although no formal vote was taken as part of that discussion. Staff recommends officially naming the building the "City of Peace Neighborhood Center" and the adjacent park the "Bruce Nawrocki Park." Mayor Schmitt indicated that she would like to review the minutes from the April Park & Recreation Commission meeting prior to making a decision. Motion by Mayor Schmitt to table the item until the June 11, 2018 City Council meeting. Motion died for lack of a second. Mayor Schmitt stated she feels the Council is making this decision too quickly, and indicated there are other good possibilities to honor Bruce Nawrocki, including a park on the west side of University Ave. Mayor Schmitt also suggested contacting the VFW to see if they would consider naming the Veterans Memorial at City Hall in Bruce's honor. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to waive the reading of Resolution 2018 -31, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution No. 2018 -31, a resolution changing the name of Circle Terrace Park to Bruce Nawrocki Park and naming the adjacent building City Council Minutes May 14, 2018 Page 6 of 13 the City of Peace Neighborhood Center. 4 Ayes, 1 Nay, Motion Carried. Ayes, Buesgens, Williams, Murzyn, Jr., and Novitsky. Nay, Schmitt. 8. PUBLIC HEARINGS A. Approving a Conditional Use Permit to allow for a Dynamic LED Monument Sign with certain Variances on the property located at 3939 Central Avenue NE. Elizabeth Holmbeck, City Planner reported that the City of Columbia Heights is requesting a Conditional Use Permit to allow a monument sign with a Dynamic LED component to be constructed at the Municipal Library located at 3939 Central Avenue NE. In conjunction with the CUP, the City is requesting Variances from the required setback and square footage requirements for the sign. Due to visibility issues along Central Avenue, the proposed location of the monument sign is closer to the west property line than is currently permitted by City Code. The proposal for the monument sign went before the Planning Commission for review on May 1, 2018. One Planning Commissioner voted against the recommendation. However, the Planning Commission ultimately voted to recommend approval of the proposed Conditional Use Permit and Variances. Councilmember Novitsky stated he is not in favor of the City requesting a variance, and suggested the sign be placed on the other side of the driveway. Director Hansen explained the code requires the intensity of the sign to be greatly reduced at night. Holmbeck reported the Planning Commission did not place any additional restrictions on the overnight lighting. Mayor Schmitt suggested window signs may be a better option, as the scrolling of the proposed sign may not provide information consistently. KT Jacobs -4104 Monroe St NE expressed opposition to the proposed sign, indicating she feels the presentation at the Planning Commission meeting failed to consider the safety of the library patrons or those utilizing Central Ave. Jacobs stated that she thinks that there are safer alternatives, including signs mounted on the library. Tim Utz -4141 Stinson Blvd NE questioned the setback of the proposed sign. Director Hansen explained the LED face is 6 feet back, and the beginning of the monument sign would be 4 feet back from the sidewalk. Mr. Utz suggested the sign would be better placed on the north side of the driveway. Mr. Utz also suggested an "Enter Only" designation at the driveway. Ramona Anderson -4132 Stinson Blvd NE expressed concern with the distraction associated with the proposed sign. Catherine Vesley- library Board member stated that the proposed sign was part of the original design of the library, and would complement the library site. Vesley commented that safety concerns have been mitigated with the design. Library Director Renee Dougherty stated the proposed sign would allow the library to promote their many programs and services to the community. Dougherty stated she would be in favor of the sign being powered off between the hours of 11:00 p.m. and 6:00 a.m. KT Jacobs commented that it is troubling to her that the Council is not listening to the community members, and prioritizing aesthetics over safety. City Council Minutes May 14, 2018 Page 7 of 13 Motion by Councilmember Williams, seconded by Councilmember Buesgens to close the Public Hearing. All Ayes, Motion Carried. Mayor Schmitt clarified the sign would be powered off between the hours of 11:00 p.m. and 6:00 a.m., and that language would be added to the resolution. Councilmember Novitsky suggested the council review the City Code, and consider amending it if necessary, as he is not in favor of the city requesting a variance. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to the reading of Resolution No. 2018- 26, there being ample copies available to the public. All Ayes, Motion carried Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve Resolution No. 2018 -26, approving a Conditional Use Permit to allow for a Dynamic LED Monument Sign on the property located at 3939 Central Avenue NE, with the addition of "The sign is to be powered off between the hours of 11:00 p.m. and 6:00 a.m." All Ayes, Motion carried Motion by Mayor Schmitt, seconded by Councilmember Williams to waive the reading of Resolution No. 2018- 27, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve Resolution No. 2018 -27, approving the Variances for the property located at 3939 Central Avenue NE. 3 Ayes, 2 Nays, Motion carried. Ayes: Buesgens, Williams, and Murzyn, Jr. Nays: Schmitt and Novitsky. 9. ITEMS FOR CONSIDERATION 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Williams announced the library will be celebrating their 901h Anniversary this year. Councilmember Novitsky attended the "Spitfire Grill" at the Columbia Heights Highs School, and Joseph and the Amazing Technicolor Dreamcoat" at St. Matthew. He attended the School Board meeting, and requested the Board continue to keep the community informed. Councilmember Buesgens attended the Arbor Day Celebration, the Eat up the Debt Challenge, Citizens for Safer Streets meeting, the CHHS play "Spitfire Grill ", "Joseph and the Amazing Technicolor Dreamcoat" at St. Matthew, the last Comprehensive Plan Steering Committee Meeting, Valley View Elementary School Fine Arts Show, The Traffic Commission meeting, Stories from our Turkish neighbors, and the swearing in ceremony for Police Officer Zach Ehresman. Councilmember Buesgens announced participation in curbside organics is approximately 13% of households, and encouraged all to sign up. Mayor Schmitt attended "Spitfire Grill" at the Columbia Heights Highs School, and "Joseph and the Amazing Technicolor Dreamcoat" at St. Matthew. She attended the Annual Minnesota Mayor's Conference in Perham, MN. Approximately 200 people attended the 19th Annual Interfaith Prayer Breakfast. She attended the Joint Law Enforcement Conference, an Influencers Breakfast, Fridley Key Club, and the Kiwanis Spring Sprint City Council Minutes May 14, 2018 Page 8 of 13 Fundraiser. She attended the St Anthony Orchestra Spring Concert, where she won the opportunity to conduct the orchestra. City Manager Walt Fehst announced the Golden Glove Boxing Group is competing in a National Competition in Omaha, NE. 11. COMMUNITY FORUM Tim Utz -4141 Stinson Blvd announced the Columbia Heights Jamboree is expanding the Carnival and Events in 2018, and they are seeking volunteers. Councilmember Murzyn, Jr. thanked Tim for his involvement with the Jamboree. 12. ADJOURNMENT Motion by Councilmember Buesgens seconded by Councilmember Williams to adjourn. All Ayes, Motion carried. Meeting adjourned at 10:00 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION 2018 -26 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DYNAMIC LED MONUMENT SIGN FOR THE COLUMBIA HEIGHTS MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2018 -0501) has been submitted by the City of Columbia Heights to the City Council requesting a Conditional Use Permit at the following site: ADDRESS: 3939 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (P)(12)(c)(d), to allow for a dynamic LED Monument Sign to be located in the CB, Central Business District on the property located at 3939 Central Ave NE. WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on May 1St, 2018; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; 10 City Council Minutes May 14, 2018 Page 9 of 13 NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights adopts the following findings of the Planning Commission: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance, including: CONDITIONS 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. M City Council Minutes May 14, 2018 Page 10 of 13 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. The sign is to be powered off between the hours of 11:00 PM and 6:00 AM. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 9. The area around the base of the sign shall be landscaped. RESOLUTION 2018 -27 A RESOLUTION APPROVING VARIANCES FOR A MONUMENT SIGN FOR THE COLUMBIA HEIGHTS MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2018 -0501) has been submitted by the City of Columbia Heights to the City Council requesting a Variance at the following site: ADDRESS: 3939 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. 12 City Council Minutes May 14, 2018 Page 11 of 13 THE APPLICANT SEEKS THE FOLLOWING: 1. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to exceed fifty (50) square feet, by twenty four and two tenths (24.2) square feet, for a total surface area of seventy four and two tenths (74.2) square feet. 2. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to be located four (4) feet off of the required five (5) feet to a distance of one (1) foot from the edge of the monument sign to the front (west) property line. WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on May 1, 2018; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a variance. They are as follows: (j) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (k) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (1) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (m) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (n) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the City and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the variance. RESOLUTION 2018 -28 13 City Council Minutes May 14, 2018 Page 12 of 13 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2018 budget to use certain additional revenue. Whereas, the City has contracted for and received the following revenue: Source Amount City of Brooklyn Center PD $ 5,390.00 City of Crystal PD $ 3,630.00 City of Robbinsdale PD $ 2,420.00 Total $11,440.00 Whereas, this revenue was not included in the initial 2018 budget adopted by resolution 2017 -130, nor in any subsequent amendments to that budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Police Department; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2018 budget for general fund revenue and expense is amended for an increase of $11,440.00. RESOLUTION 2018 -29 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City of Columbia Heights has planned improvements to 39th Avenue NE, State Aid Route No. 113 -110, between Jefferson Street /Huset Parkway and Central Avenue; and Whereas, the City of Columbia Heights has ordered the project for the 2017 State Aid Street Rehabilitation and Sidewalk Improvements; and Whereas, the City of Columbia Heights will be expending Municipal State Aid System funds on improvements to 39th Avenue NE; and Whereas, this improvement technically provides adequate width for parking on both sides of the street, the majority of the project is within an industrial area and parking is being restricted on the south side to enhance pedestrian safety on the sidewalk, improve site distance for vehicles on adjacent streets and driveways, and allow adequate space for truck turning movements. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The City of Columbia Heights shall prohibit the parking of motor vehicles on the south side of 39th Avenue NE from Jefferson Street /Huset Parkway to Central Avenue. 14 City Council Minutes May 14, 2018 Page 13 of 13 RESOLUTION 2018 -30 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Internal Revenue Service has issued Tres. Reg. 1.140.2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City ") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The City reasonably intends to make expenditures for State Aid Street Rehabilitation, Project No. 1805, on Main Street NE from 37th Avenue to 40th Avenue and on 37th Avenue NE from Main Street to 5th Street, and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $225,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law, regulating or ruling. RESOLUTION 2018 -31 A resolution of the City Council for the City of Columbia Heights, Minnesota, changing the name of Circle Terrace Park to Bruce Nawrocki Park, and naming the adjacent building the City of Peace Neighborhood Center Whereas, this park has been referred to as either Circle Terrace Park of as an extension of Labelle Park; and Whereas, the official naming of this area was reviewed by the Park and Recreation Commission and their recommendation is to officially name the park the Bruce Nawrocki Park; and Whereas, the Park and Recreation Commission discussed incorporating the name City of Peace into the naming of the building 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 -31 changing the name of Circle Terrace Park to Bruce Nawrocki Park, and naming the adjacent building the City of Peace Neighborhood Center. 15 0 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7B MEETING DATE MAY 29, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Rental Housing Licenses DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A STAFF RECOMMENDATION: Approval of attached list of rental housing applications RECOMMENDED MOTION(S): Move to approve the items listed for rental housing license applications for May 29, 2018, in that they have met the requirements of the Property Maintenance Code. ATTACHMENTS: Rental Licenses to Approve (TIFF) 16 2018 Print Rental Licenses to COLUMBIA approve by CC E FIRE 0 EPARTMENT 825 41st Avenue NE o Columbia Heights, MN 55421 a Inspections 763 - 706 -8156 s Fax 763 - 706 -8151 v fireinspections @ci.columbia - heights.mn.us 10007 3919 POLK ST NE Dettman, Alex F17064 3654 6th Street N $ 175.00 Minneapolis, MN 55412 10011 5045 4TH ST NE Wiger, David F17040 901 Rice Creek Terrace $ 175.00 Fridley, MN 55432 10012 -RY 3808 5TH ST NE Atoma, Derebi F16869 30007 N. Waukegan Road #102 $ 175.00 Lake Bluff, IL 60044 10015 4850 4TH ST NE Castano, Elisa F16818 1561 Dana Court NE $ 175.00 Fridley, MN 55432 10020 1726 42ND AVE NE Berg, Julie F17197 1036 42nd Avenue NE $ 175.00 Columbia Heights, MN 55421 10021 3844 VAN BUREN ST NE Western Sky Properties, LLC F17087 12998 Bluebird St. NE $ 175.00 Coon Rapids, MN 55448 10023 4932 4TH ST NE Miller, David F16987 3155 Pierce Street $ 175.00 Minneapolis, MN 55418 10025 4847 MADISON ST NE Afatika, Kaitlyn F16934 2200 S. Fort Apache Rd. #1204 $ 175.00 Las Vegas, NV 89117 10026 4415 5TH ST NE Beskar, Maya F17014 3670 El Camino Drive $ 175.00 San Bernardino, CA 92404 10039 3858 TYLER ST NE Fairfield Investments F17116 2817 Anthony Lane S. #203 $ 175.00 St. Anthony, MN 55418 10040 -RY 530 HUSET PKWY NE Hippert, Scott F16887 443 S. Oakland Ave. #2 $ 175.00 Pasadena, CA 91101 10044 4852 MONROE ST NE Blomberg, Thomas F16815 961 Hillwind Rd. $ 175.00 Fridley, MN 55432 - - 17 05/22/2018 10:33 Page 1 2018 Print Rental Licenses to COLUMBIA HEIGHTS approve by CC FIRE DEPARTMENT -3D9 SHC-1r, E�7 825 41st Avenue NE z Columbia Heights, MN 55421 Inspections 763 - 706 -8156 G Fax 763 - 706 -8151 fireinspections @ci, columbia- heights.mn.us 10055 4024 MADISON ST NE Johnson, Lowell F17057 51030 Deer Drive $ 175.00 Bruno, MN 55712 10057 1308 45 1/2 AVE NE Reichow, Charles F17154 11671 Alder St NW $ 175.00 Coon Rapids, MN 55448 10067 2307 40TH AVE NE Olson, Daniel J F17151 3116 W. Lake St. #116 $ 175.00 Minneapolis, MN 55416 10069 5055 6TH ST NE Binczik, Anne F17037 5054 6th Street N.E. $ 175.00 Columbia Heights, MN 55421 10087 4806 MADISON ST NE JRK Dynamic Solutions, LLC F17007 3265 19th Street NW #560 $ 175.00 Rochester, MN 55901 10089 4853 UNIVERSITY AVE NE Two Brothers Investments, LLC F17142 4857 University Avenue NE $ 175.00 Columbia Heights, MN 55421 10107 4353 ARTHUR ST NE Hinrichs, Eric F17115 4259 Arthur Street NE $ 175.00 Columbia Heights, MN 55421 10116 4425 WASHINGTON ST NE Kaiser, Tom F16890 220 Morningside Road $ 175.00 Venice, FL 34293 10119 750 PARKSIDE LN NE Carter, Duane F17063 8610 Minnetonka Blvd. $ 175.00 St. Louis Park, MN 55426 10122 3808 RESERVOIR BLVD NE Johnson, Dave F17117 642 North St $ 175.00 St Paul, MN 55106 10133 3810 JACKSON ST NE CEL MONTON, LLC, F17119 1845 Stinson Pkwy #208 $ 175.00 Minneapolis, MN 55418 10145 4311 RESERVOIR BLVD NE Hinrichs, Eric F17103 4259 Arthur St NE $ 175.00 Columbia Heights, MN 55421 05/22/2018 10:33 Page 2 2018 Print Rental Licenses to COLUMBIA HEIGHTS approve by CC FIRE DEPARTMENT I Z�Y 0 ZF3 a 0 7 II 'I ) ��:' :fir E V"' 9 6 £i 0 825 41st Avenue NE 6 Columbia Heights, MN 55421 -, Inspections 763 - 706 -8156 c Fax 763 - 706 -8151 & fireinspections @ci.columbia- heights.mn.us 10158 615 42ND AVE NE Medina, Julio F17221 1528 Monroe St NE $ 175.00 Minneapolis, MN 55413 10171 4124 6TH ST NE Galarza, Edison F17173 802 Main St NE $ 175.00 Minneapolis, MN 55413 10190 4159 MAUREEN DR NE Li, Jin F17084 5626 Donegal Drive $ 175.00 Shoreview, MN 55126 10199 1070 GRANDVIEW CT NE Reiners, Mark F17254 4457 4th St. $ 175.00 Columbia Heights, MN 55421 10217 4650 7TH ST NE Park Ave Homes, LLC F16998 2400 Blaisdell Ave S #300 $ 175.00 Minneapolis, MN 55404 10243 5156 4TH ST NE Jappah, Felicia F17039 1226 45th Ave NE $ 175.00 Columbia Heights, MN 55421 10256 4448 JEFFERSON ST NE Ortiz, Cleimer F17184 4644 Pierce St. NE $ 175.00 Columbia Heights, MN 55421 10259 4710 HEIGHTS DR NE I1-13 Property Minnesota, LP F16988A 1210 Northland Drive #180 $ 175.00 Mendota Heights, MN 55120 10269 3920 POLK ST NE Crouch, JoAnne F17145 12220 Maycheck Lane $ 175.00 Bowie, MD 20715 10270 3957 POLK ST NE Thiam, Alioune F17027 P.O. Box 632 $ 175.00 Hugo, MN 55038 10285 4607 JEFFERSON ST NE Cheedy, Abator F17109 3050 Caterine Court $ 175.00 Waukee, IA 50263 10299 1200 43 1/2 AVE NE Cordova, Clever F17181 4221 University Ave NE $ 175.00 Columbia Heights, MN 55421 05/22/2018 10:33 Page 3 COLUMBIA HEIGHTS FIRE DEFARTMEHT 2018 Print Rental Licenses to approve by CC 825 41st Avenue NE G Columbia Heights, MN 55421 - Inspections 763 - 706 -8156 e Fax 763 - 706 -8151 v fireinspections @ci.columbia - heights.mn.us 10315 4129 6TH ST NE MNSF Minneapolis LLC F16899 4064 Colony Rd #340 $ 175.00 Charlotte, NC 28211 10322 3701 VAN BUREN ST NE Bahe, Jeffrey F17026 11710 Normandale Blvd. $ 175.00 Bloomington, MN 55437 10323 3708 JACKSON ST NE Driver, Ken F17053 979 Nottingham Lane NE $ 175.00 Atlanta, GA 30319 10333 5060 MULCARE DR NE Seawell, Dave F16953 8201 Pleasant View Ct $ 175.00 Mounds View, MN 55112 10350 4960 7TH ST NE Kramber, Jason F16990 67 Promenade $ 175.00 Hudson, WI 54016 10353 620 51ST AVE NE Brannon, Dorothy F16886 1622 Innsbruck Parkway W. $ 175.00 Columbia Heights, MN 55421 10355 3857 QUINCY ST NE MSRI Assets LLC F16951 8300 N Mopac Expressway #200 $ 175.00 Austin, TX 78759 10369 4219 7TH ST NE Hampton Investments, Inc. F17126 2817 Anthony Lane S. #203 $ 175.00 St. Anthony, MN 55418 10369 4219 7TH ST NE Sultana, Zehra F17126 2817 Anthony Lane S. #203 $ 175.00 St. Anthony, MN 55418 10375 4332 6TH ST NE Kieler Construction & Holdings LLC F17146 3600 Holly Lane #10 $ 175.00 Plymouth, MN 55447 10379 825 49 1/2 AVE NE I1-15 Property Minnesota LP F16884 1270 Eagan Industrial Rd #160 $ 175.00 Eagan, MN 55121 10382 3710 VAN BUREN ST NE Alzubi, Amer F17083 527 Park Place $ 175.00 Vadnais Heights, MN 55127 05/22/2018 10:33 20 Page 4 2018 Print Rental Licenses to COLUMBIA HEIGHT'S approve by CC F I RE DEFARTMEHT 825 41st Avenue NE o Columbia Heights, MN 55421 k Inspections 763- 706 -8156 e Fax 763 - 706 -8151 fireinspections @ci. columbia- heights.mn.us 10386 3934 HAYES ST NE Schoolcraft, Garry F17055 140 Sylvan Lane NE $ 175.00 Fridley, MN 55432 10389 4350 MADISON ST NE Rapsch, Christian F17012 997 80th Avenue $ 175.00 Roberts, WI 54023 10399 4157 2ND ST NE Scott, Steven F17240 7544 Alden Way N.E. $ 175.00 Fridley, MN 55432 10405 4240 JEFFERSON ST NE MainStreet Renewal, F16951C 8300 N Mopac Expressway #200 $ 175.00 Austin, TX 78759 10406 4322 2ND ST NE MNSF Minneapolis LLC F16900 6836 Morrison Blvd #320 $ 175.00 Charlotte, NC 28211 10407 4021 5TH ST NE Coleman, Tim F17019 20188 Fern Glen Blvd N $ 175.00 Forest Lake, MN 55025 10437 1234 44TH AVE NE RHA 3, LLC F16989 3505 Koger Blvd. #400 $ 175.00 Duluth, GA 30096 12004 5248 WASHINGTON ST NE Wegener, Kimberly F17073 5248 Washington Street $ 175.00 Columbia Heights, MN 55421 12019 5057 JACKSON ST NE McNutt, Mary Jo F17112 5057 Jackson Street NE $ 175.00 Columbia Heights, MN 55421 12031 4152 TYLER ST NE Jaimes, David 4152 Tyler St Columbia Heights, MN 55421 12034 4241 2ND ST NE Austin, Florence 4241 2nd St. NE Minneapolis, MN 55411 12035 1345 CIRCLE TERRACE BLVD NE Ferrin, Michael 1345 Circle Terrace BLVD NE Columbia Heights, MN 55421 05/22/2018 10:33 F17086 $ 175.00 F17049 $ 175.00 F17067 $ 175.00 21 Page 5 2018 Print Rental Licenses to COLUMBIA HEIGHTS approve by CC FIRE D EPARTMENT 825 41st Avenue NE e Columbia Heights, MN 55421 Inspections 763 - 706 -8156 - Fax 763 - 706 -8151 fireinspections @ci.columbia- heights.mn.us 12051 4237 UNIVERSITY AVE NE Demirovic, Senija F17155 4239 University Avenue N.E. $ 175.00 Columbia Heights, MN 55421 12091 4452 TYLER PL NE Buecksler, Caleb F16917 4452 Tyler PI NE $ 175.00 Columbia Heights, MN 55421 15017 1001 46TH AVE NE Maharaj, Nistar F17213 1442 Cloud Drive $ 55.00 Blaine, MN 55449 15040 1052 49TH AVE NE Johnson, Richard F17090 9599 Downing Way S $ 55.00 Mobile, AL 36695 15050 3855 RESERVOIR BLVD NE Struzyk, Jennifer F17088 1109 Gould Avenue NE $ 55.00 Columbia Heights, MN 55421 15073 4539 FILLMORE ST NE Smith, Oliver F17182 4541 Fillmore ST NE $ 55.00 Columbia Heights, MN 55421 15083 4615 CHATHAM RD NE Damerow, Allen F17143 619 Driftwood Ct. $ 55.00 New Brighton, MN 55112 20001 1226 CIRCLE TERRACE BLVD NE Ali, Salman F17052 2756 118th Circle NE $ 175.00 Blaine, MN 55449 20004 1218 CIRCLE TERRACE BLVD NE Cox, Christy F16903 1836 Main Street $ 175.00 Elk River, MN 55330 20005 4126 MADISON ST NE Wahl, Doug F17130 1845 Stinson Pkwy #212 $ 175.00 Minneapolis, MN 55418 20006 4235 UNIVERSITY AVE NE Lund, James F16971 14035 Hillsboro Court $ 175.00 Savage, MN 55378 20008 4506 FILLMORE ST NE Zhou, Chen F17097 5660 Comstock Ln N $ 175.00 Plymouth, MN 55446 _ . 22 05/22/2018 10:33 Page 6 2018 Print Rental Licenses to COLUMBIA HEIGHTS approve by CC FIRE DEPARTMENT 825 41st Avenue NE E Columbia Heights, MN 55421 inspections ib-1- iub -2517b F rax iO3- iu0-alDl - C �,YMA L) 20013 1337 CIRCLE TERRACE BLVD NE Fufa, Teferi F16972 7056 Maryland Avenue N $ 175.00 Brooklyn Park, MN 55428 20016 3976 VAN BUREN ST NE Clem, Bryan F17066 4436 Manchester Lane $ 175.00 Mound, MN 55364 20018 218 42ND AVE NE Amoni, Imafidon F16813 8607 Tessman Circle N $ 175.00 Brooklyn Park, MN 55445 20019 5021 JACKSON ST NE Carlson, Mark F17225 1343 Whispering Pines Drive $ 175.00 Frostproof, FL 33843 20024 1266 CIRCLE TERRACE BLVD NE Wax, Joseph F17038 4132 2nd St NE $ 175.00 Columbia Heights, MN 55421 20036 4319 3RD ST NE Hassan, Diaa F17051 1202 Hathaway Lane NE $ 175.00 Fridley, MN 55432 20044 5231 7TH ST NE Matthes, Edwin F17018 545 54th Avenue $ 175.00 Fridley, MN 55421 -1246 20054 5216 WASHINGTON ST NE Olin, Richard F16908 10682 Washington Blvd. NE $ 175.00 Blaine, MN 55434 20057 3861 EDGEMOOR PL NE Amanavicius, Evaldas F17200 3861 Edgemoor PI. NE #1 $ 175.00 Columbia Heights, MN 55421 20063 3961 POLK ST NE Caughey, Walter F17233 9579 Five Mile Road SE $ 175.00 Brainerd, MN 56401 20064 4417 2 1/2 ST NE Henke, Kenneth F17157A 4239 Pillsbury St $ 175.00 Pequot Lakes, MN 56472 20066 4433 2 1/2 ST NE Henke, Kenneth F17157 4239 Pillsbury St. $ 175.00 Pequot Lakes, MN 56472 — 05/22/2018 10:33 23 Page 7 2018 Print Rental Licenses to COLUMBIA EIGHTS approve by CC F I RE D E F A R T M E N T 825 41st Avenue NE r Columbia Heights, MN 55421 Inspections 763 - 706 -8156 r, I-ax /b3 - /Ub -8151 tireinspectionsLouc .coiumoia- neignis.mn.us 20091 4509 FILLMORE ST NE Robertson, Numan F17215 4509 Fillmore St. NE $ 175.00 Columbia Heights, MN 55421 20092 4351 WASHINGTON ST NE Maciaszek, Rose F17238A 2882 Rice Creek Terrace $ 175.00 New Brighton, MN 55112 20094 4359 WASHINGTON ST NE Maciaszek, Rose F17238 2882 Rice Creek Terrace $ 175.00 New Brighton, MN 55112 20097 4606 FILLMORE ST NE Koya, Vijay F16843 12783 Petersburg St. $ 175.00 Blaine, MN 55449 20109 4333 WASHINGTON ST NE Fairfield Investments Inc F17125 2817 Anthony Lane S. #203 $ 175.00 St. Anthony, MN 55418 20115 1231 40TH AVE NE Zhang, Xianmin F16993 433 Majestic Court $ 175.00 Shoreview, MN 55126 20120 679 46TH AVE NE SAR Investments, LLC F17176 7260 University Avenue NE #340 $ 175.00 Fridley, MN 55432 20142 5110 WASHINGTON ST NE Spore, Caleb F17001 P.O. Box 490212 $ 175.00 Blaine, MN 55449 20150 4557 FILLMORE ST NE Plex Enterprises, LLC F17129 740 107th Court NE $ 175.00 Blaine, MN 55434 20151 1356 CIRCLE TERRACE BLVD NE Kienzle, Kris F17091 5102 NE 127th Way $ 175.00 Vancouver, WA 98686 20156 5118 WASHINGTON ST NE Spore, Caleb F17002 PO Box 490212 $ 175.00 Blaine, MN 55449 20160 5101 WASHINGTON ST NE Moreno, John F17139 5103 Washington ST NE $ 175.00 Columbia Heights, MN 55421 05/22/2018 10:33 24 Page 8 2018 Print Rental Licenses to COLUMBIA HEIGHTS approve by CC F I RE DEPARTMENT 825 41st Avenue NE - Columbia Heights, MN 55421 - Inspections 763- 706 -8156 r Fax 763 - 706 -8151 E fireinspections @ci.columbia- heights.mn.us 20167 40146TH AVE NE Anderson, Stefanie F17187 544 Summit Street N. E. 4433 St Andrews Dr $ 175.00 Columbia Heights, MN 55421 20188 Blaine, MN 55449 Schloesser, Ronald 20169 4520 WASHINGTON ST NE Miller, William F16909 New Brighton, MN 55112 116 Candler Way $ 175.00 American Medical Research, Inc. Williamson, GA 30292 105 Lakeland Shores Road 20172 1214 CHEERY LN NE Moseychuk, John F17183 210 42ND AVE NE Cintron, Reinaldo 1033 44 -1/2 Avenue N.E. $ 175.00 6726 16th Ave S Columbia Heights, MN 55421 Richfield, MN 55423 20179 1715 37TH AVE NE Papke, Michael F17205 220145th Ave. NE 1715 37th AVE NE $ 175.00 Columbia Heights, MN 55421 20202 Columbia Heights, MN 55421 Johnson St. Rentals 20186 1232 CIRCLE TERRACE BLVD NE Tohey, Joseph 544 Summit Street N. E. Columbia Heights, MN 55421 20188 4215 2ND ST NE Schloesser, Ronald 3234 Innsbruck Drive N. New Brighton, MN 55112 20190 4544 FILLMORE ST NE American Medical Research, Inc. 105 Lakeland Shores Road Lakeland, MN 55043 20191 210 42ND AVE NE Cintron, Reinaldo 6726 16th Ave S Richfield, MN 55423 20200 1403 42 1/2 AVE NE Vasquez, Gonzala 220145th Ave. NE Columbia Heights, MN 55421 20202 4600 JOHNSON ST NE Johnson St. Rentals 4728 Debra Ct. Shoreview, MN 55126 20226 1132 40TH AVE NE Bourcy, Myrna 6558 Clover Place NE Fridley, MN 55432 20229 4526 WASHINGTON ST NE Lund, James 14035 Hillsboro Court Savage, MN 55378 05/22/2018 10:33 F17134 $ 175.00 F17010 $ 175.00 F17058 $ 175.00 F17008 $ 175.00 F16859 $ 218.50 F17044 $ 175.00 F16997 $ 175.00 F16985 $ 175.00 25 Page 9 2018 Print Rental Licenses to COLUMBIA HEIGHTS approve by CC FIRE DEPARTMENT 825 41st Avenue NE c Columbia Heights, MN 55421 Inspections /b3- /Ub -815b, Fax /b3 - /Ub- 251.61 F, nreinspectionsca)c :coiumoia- neignTS.rrnn.us 20242 4624 TAYLOR ST NE Pomeroy, Wellyn F17120 740 107th Court N.E. $ 175.00 Blaine, MN 55434 20244 4526 TYLER ST NE Shaw, Brenda F17056 745 225th Avenue NE $ 175.00 East Bethel, MN 55011 20260 4951 JACKSON ST NE Jones, William F16711 1170 159th Ave. NW $ 175.00 Andover, MN 55304 20260 4951 JACKSON ST NE Jones, William F16867 1170 159th Ave. NW $ 175.00 Andover, MN 55304 20290 1248 CIRCLE TERRACE BLVD NE Cohxson Properties, LLC, F17260 1836 Main St $ 175.00 Elk River, MN 55330 20334 4522 TYLER ST NE Findell, Donald F17031 6850 Siverts Lane $ 175.00 Fridley, MN 55432 20391 3920 ULYSSES ST NE Schubilske, Timothy F17255 5730 Royal Oaks Dr $ 175.00 Shoreview, MN 55126 20393 1008 GOULD AVE NE Chu, Josh F16807 1327 66th AVE NE $ 175.00 Fridley, MN 55432 20418 1233 CIRCLE TERRACE BLVD NE Malark, Robert F16901 11650 Arnold Palmer Drive NE $ 175.00 Blaine, MN 55449 30005 4220 4TH ST NE Sass Inc F17099 PO Box 836 $ 185.00 Lake Elmo, MN 55042 30028 5100 6TH ST NE Columbia Place, LLC F16878 2505 Silver Lane NE $ 565.00 St. Anthony, MN 55421 30031 711 37TH AVE NE 37th Ave. LLC F16939 5600 American Blvd. W. #275 $ 349.00 Bloomington, MN 55437 26 05/22/2018 10:33 Page 10 2018 Print Rental Licenses to COLUMB HEIGHTS approve by CC I FIRE DEFARTMENT 825 41st Avenue NE c Columbia Heights, MN 55421 - Inspections 763 - 706 -8156 a Fax 763 - 706 -8151 a tireinspections @ci.columbia- heights.mn.us 30039 501 MILL ST NE Carpio, Wilson F16983 4034 Cleveland St NE $ 185.00 Columbia Heights, MN 55421 30040 965 40TH AVE NE Parkview Ltd Partnership F16904 965 40th Ave $2245.00 Columbia Heights, MN 55421 30046 631 37TH AVE NE Breiland, Mark F17072 1405 Urbandale Lane N. $ 237.00 Plymouth, MN 55447 30064 3853 EDGEMOOR PL NE Prokopiuk, Michael F17150 3130 Buchanan Street $ 185.00 Minneapolis, MN 55418 30065 3857 EDGEMOOR PL NE Plank, Jaide F17206 3857 Edgemoor PL NE #1 $ 185.00 Columbia Heights, MN 55421 30074 4534 MADISON ST NE Sinchi, Luis F16969 5000 Golden Valley Road $ 185.00 Golden Valley, MN 55422 30090 3801 VAN BUREN ST NE Chan, Shun Ming F16959 2880 Costa Lane $ 185.00 Little Canada, MN 55117 30098 1036 PETERS PL NE McCambridge, Cam F16871 4999 France Ave. S. #250 $ 237.00 Minneapolis, MN 55410 30099 1045 PETERS PL NE TSK Properties, LLC F17070 2641 Ashley Terrace $ 211.00 New Brighton, MN 55112 30103 4557 MADISON ST NE Hassan, Mohamed F17062 7522 Hampton Lane $ 185.00 Shakopee, MN 55379 30106 4458 RESERVOIR BLVD NE Crest View Corporation F16905 4444 Reservoir Blvd. N.E. $1165.00 Columbia Heights, MN 55421 30110 538 SUMMIT ST NE Hayat, Kamran F16958 1222 129th Circle NW $ 211.00 Coon Rapids, MN 55448 27 05/22/2018 10:33 Page 11 2018 Print Rental Licenses to COLUMBIA Happrove by CC FIRE 0 E F A R T M E K T 825 41st Avenue NE t Columbia Heights, MN 55421 Inspections 763 - 706 -8156 & Fax 763 - 706 -8151 � fireinspections @ci.columbia- heights.mn.us 30115 4615 TYLER ST NE Thompson, Mitchell F16956 3405 46th Avenue S $ 185.00 Minneapolis, MN 55406 30116 4619 TYLER ST NE Thompson, Mitchell F16957 3405 46th Ave. S. $ 185.00 Minneapolis, MN 55406 30117 4607 TYLER ST NE Castro, Antonio F17144 2203 94th Way N $ 185.00 Brooklyn Park, MN 55444 30121 4634 TYLER ST NE Aminhas Co Properties, LLC F17069A 8132 York Avenue S $ 237.00 Bloomington, MN 55431 30122 4653 TYLER ST NE Pyramidgroup LLC, Seth Bork F17060 10620 W. River Road $ 185.00 Brooklyn Park, MN 55443 30123 4654 TYLER ST NE Demetriou, Martha F17141 11159 Holland Circle $ 286.00 Eden Prairie, MN 55347 30124 4347 UNIVERSITY AVE NE Cullen Homes F17024B 5100 Eden Avenue #102B $ 286.00 Edina, MN 55436 30130 4622 TYLER ST NE Dani, Sandeep F16991A 9699 Marshall Road $ 237.00 Eden Praire, MN 55347 30137 4911 UNIVERSITY AVE NE Cullen Homes, Inc F17024 5100 Eden Ave #102B $ 286.00 Edina, MN 55436 30158 4616 TYLER ST NE Dani, Sandeep F16991 9699 Marshall Road $ 237.00 Eden Praire, MN 55347 30161 4546 TYLER ST NE Hammad, Randy F17035 1563 116th Ave NE $ 263.00 Blaine, MN 55449 30171 4242 3RD ST NE 3rd St NE Investment LLC, Mark Prokop F17042A 2197 Stanford Ave. $ 286.00 St. Paul, MN 55118 28 05/22/2018 10:33 Page 12 2018 Print Rental Licenses to approve by CC COLUMBIA H FIRE DEPARTMENT 825 41st Avenue NE P Columbia Heights, MN 55421 a Inspections 763- 706 -8156 e Fax 763 - 706 -8151 F; fireinspections @ci.columbia- heights.mn.us 30173 4233 3RD ST NE 3rd St NE Investment LLC, Mark Prokop F17042 2197 Stanford Ave. $ 286.00 St. Paul, MN 55118 30178 4935 UNIVERSITY AVE NE Cullen, William F17114 5100 Eden Ave #1026 $ 286.00 Edina, MN 55436 34000 4310 3RD ST NE Guimont, Greg F16942 3855 155th Avenue NW $ 175.00 Andover, MN 55304 Total # of Licenses: 147 29 05/22/2018 10:33 Page 13 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 8C MEETING DATE MAY 29, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: , BY /DATE: May 23, 2018 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): Additional Goal? Choose an , Eem. BACKGROUND: BACKGROUND ANALYSIS Attached is the business license agenda for the May 29, 2018 Council meeting. This agenda consists of applications for 2018 Contractor Licenses, the Carnival License, and an Off Sale Beer License for Cuernavaca Market. 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 May 29, 2018 as presented. ATTACHMENTS: 30 City of Columbia Heights - Council Letter TO CITY COUNCIL May 29, 2018 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2018 BLDG *RJ Ryan Construction Inc 1100 Mendota Hts Rd, Mendota Hts $80 *Larson Plumbing 3095162 nd Ln NW, Andover $80 *Water Heaters Now Inc 23310 Canby Ave, Faribault $80 *Hometown Plumbing 2440152nd Ln NE, Ham Lake $80 *Freedom Heating & Air 888 Co Rd D West, New Brighton $80 *Earth Wizards Inc 1071 Co Hwy 10, Spring Lk Pk $80 OFF SALE BEER *Cuernavaca Market -Laura Alarcon 4110 Central Ave NE $200 CARNIVAL LICENSE *Family Fun Shows 20590 State Hwy 83, Mankato $200 31 Page 2 00 T- C) c N a) ' CO) c N CU P- o c O Q U �Z.0 a) a) CO =2 ao 0 N N c6 LL O Z F- LU W J_ U Z D O U H Z W Q W 0 W Z z U- U) C� O Q Z Z 2 Z Q J LL O O LL U O U- LU Z O Q D c~ OU U a C cu U a) i U c� CL cn E U 0 D -O a) cn 0 c a) a) t a) 3 a) L cn cu U C 0 U U CD L U a) fu (u O N a) c c t U c cu L 0 U U ca c cu .c IS a) O 2 c 0 0 ►C r a} LO (0 cc C.0 O c 0 m a) L .c cn c N c U E 0 U a) m N M M M U) W } + + + 4 E 0 4 + H x4 + x H 1:4 4 4 a W w * to > x> 0 * a r�U + * U>4 H + 4 P7 m + 4 O + # H O p 4 + a H a 00 +• + U O 0 4 4 U > 4 * U) 1-4M + G� OOO * 4 -A0 �� + IN a Haa : + H0C7 4 4 H U } H a W } m a cn ko 4 4 z 0 x + H r- 0) 4 + E-i H U # x (n ro U 4 + 4 + + H �l �i 0 71 �j Q, + 4 a u u� 4 s4 s 4 u4 Ps a s 4� 4 >-] co + 4 + 4 4 * 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 a 4J +J V lJ l) lJ 1) -P 1) 4-3 l) l) l) V 4 4 H rl > 0000* z z (n x>1 0 4 n d' 11 .0 z z z z 4 O O n 4 * U r x + zzzz 00 U + FC FC FC FC 4 (N N x rn q 0 } } u1 N a 4 4 In U a s + aaaa+ 0 +) ro + 4 k 4 4 k C Ga Ul 4 lk 00 + 4 ul W H 4 4 +� . . . . . . . 0 w p, 0 P .. * * rl N . . . . . rl 0 U) it N 4-) m . . 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H r H O H 0) H O rn O rn rn rn o FV O H O m H o m x 0 M o m FC o T a wl N a P4 O 110 UY O 0 H O w CO O 0 O l0 \ W W• m H • m O . m x . m U . m ';V a P4 Ln o >uo o P4 Ln o P4 Ln o HLO o Lr) N # m # m #I- m x m #1= m m ra \ m m =m- m #1- m m #I- m �' o o o o o x o x x P4 I Q U Q U Q U Q U Q U Q sI z z w z 14 z W z w z W z FG w x w x w x w x w x � IT, >- OJ Z O 2 °O a ai lD lD w H a Z 00 O o U Ln Val O Z a z Z N m O 00 a 4 LL � Z O O U X m H N H D 06 GJ f0 V) lD L N C GJ 00 a--I O N cc L CL o a w O 0 aO Z O O a� l0 lD 00 Ln rn N O m C a� a� �U C 7 O U L O LL N It AGENDA SECTION PUBLIC HEARING 0 COLUMBIA ITEM NO. 8A HEIGHTS MEETING DATE MAY 29, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approval Consideration of Resolution 2018 -32, a Resolution for the Issuance of Tax Ex pt Bonds DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith Dahl, May 23, 2018 BY /DATE: CITY STRATEGY: #2: Economic Strength Additional Strategy? #4: Opportunities for Play and Learning SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: On April 13, 2018, the City of Columbia Heights (the "City') received an Application for Financial Assistance from Love To Grow On, a Minnesota nonprofit (the "Applicant ") for the issuance of a revenue note in one or more series, not to exceed a principle amount of $3,800,000 (the "Tax Exempt Bonds "). The Applicant requested that the City consider the issuance of the Tax Exempt Bonds in order to finance the acquisition, development, and construction of an early childhood education center to be located in the City of Lino Lakes at 6499 Lakota Trail, Lino Lakes, MN 55014 (the "Subject Project "). The Subject Project is further delineated on the attached Executive Summary and portrayed on the Site & Building Plans. On April 23, 2018, the City Council approved Resolution No. 2018 -24, a resolution which called for a public hearing to consider the issuance of the Tax Exempt Bonds on May 29, 2018 and provided the preliminary approvals so that the City may prepare and submit a Bond Project Application to the Minnesota Department of Employment and Economic Development pursuant to Minnesota Statutes 469.152 — 469.165. The Tax Exempt Bonds would be issued as a conduit revenue bond secured solely by revenues derived from the Subject Project. Thus, the Tax Exempt Bonds will not constitute a general obligation of the City; will not be secured by or payable from any property or assets of the City; and will not be secured by any taxing power of the City. Furthermore, the issuance of the Tax Exempt Bonds will have no adverse impact on the credit rating of the City, even in the event that the Applicant encounters financial difficulties with respect to the Subject Project. The Applicant has paid the application fee, deposited an escrow to cover all expenses incurred by the City for attorney and consultant fees, as well as agreed to pay an issuance fee equal to one percent (1%) of the principal amount issued for the Tax Exempt Bonds. If the full amount of the revenue note is issued, the City would realize an issuance fee of $38,000. Attached for consideration tonight is Resolution No. 2018 -32, a resolution which would effectively approve the issuance of the Tax Exempt Bonds, and authorize the execution and delivery of the necessary documents. Furthermore, tonight serves as the duly noticed public hearing where any person wishing to express an opinion on this matter may be heard. 43 City of Columbia Heights - Council Letter Page 2 STAFF RECOMMENDATION: Staff recommends approval of Resolution 2018 -32 as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2018 -32, there being ample copies available to the public. Motion: Move to approve Resolution No. 2018 -32, a resolution authorizing the issuance, sale and delivery of a revenue obligation for the benefit of Love To Grow on; authorizing the execution and delivery of the revenue obligation and related documents; and approving other actions related thereto. ATTACHMENTS: 1. Resolution No. 2018 -32 (6 Pages) 2. "Love To Grow On" Executive Summary (1 Page) 3. Site & Building Plans (5 Pages) 44 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2018-32 RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A REVENUE OBLIGATION FOR THE BENEFIT OF LOVE TO GROW ON; AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE OBLIGATION AND RELATED DOCUMENTS; AND APPROVING OTHER ACTIONS RELATED THERETO BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota (the "City "), as follows: Section 1. Findnl?s. 1.01. Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act "), authorizes the City to carry out the public purposes described in the Act by providing for the issuance of revenue obligations to provide funds to finance revenue - producing enterprises, whether or not operated for profit. 1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance or refinance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations. 1.03. Love To Grow On, a Minnesota nonprofit corporation, or any of its affiliates (the "Borrower "), has proposed that the City issue its revenue obligation (the "Note "), in one or more series, as a taxable or tax - exempt obligation, in an aggregate principal amount not to exceed $3,800,000. The Borrower has proposed to apply the proceeds of the Note to (i) finance the acquisition, construction, and equipping of an approximately 13,000 square foot early childhood educational facility located at 6499 Lakota Trail in Lino Lakes, Minnesota (the "Project "); (ii) finance capitalized interest on the Note during construction of the Project, if necessary; (iii) fund required reserves for the Note, if any; and (iv) pay the costs of issuing the Note. 1.04. The Project financed with the proceeds of the Note will be owned and operated by the Borrower. 1.05. The Borrower has represented to the City that it is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as amended (the "Code "), as a result of the application of Section 501(c)(3) of the Code. 1.06. Section 147(f) of the Code, and regulations promulgated thereunder, and Section 469.154, subdivision 4 of the Act require that, prior to the issuance of the Note, the City Council approve the issuance of the Note after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in the official newspaper of and a newspaper of general circulation in the City at least fourteen (14) days prior to the public hearing date. 524236v1 GAF CL162 -55 45 1.07. On the date hereof, the City Council conducted a public hearing on the Project and the issuance of the Note. A notice of public hearing was published at least fourteen (14) days prior to the regularly scheduled meeting of the City Council in the Sun Focus, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Code and the Act. At the public hearing, a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of the Note. 1.09. Pursuant to Section 469.154 of the Act, prior to the issuance of the Note by the City, the Commissioner of the Minnesota Department of Employment and Economic Development ( "DEED ") must approve the costs of the Project to be funded by the Note on the basis of an application submitted by the City with all required attachments and exhibits (the "DEED Application "). 1.09. The Note is to be issued under the terms of this resolution. Northeast Bank, a Minnesota banking and insurance corporation (the "Lender "), has agreed to purchase the Note. The proceeds derived from the sale of the Note to the Lender (the "Loan ") are to be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement (the "Loan Agreement ") between the City and the Borrower. Proceeds of the Note will be applied by the Borrower to (i) finance the acquisition, construction, and equipping of the Project; (ii) finance capitalized interest on the Note, if necessary; (iii) fund required reserves for the Note, if any; and (iv) pay the costs of issuing the Note. The proceeds of the Note will be disbursed pursuant to the Loan Agreement and a Disbursing Agreement (the "Disbursing Agreement ") between the Borrower, the Lender, and a disbursing agent named therein. 1.10. The loan repayments required to be made by the Borrower under the terms of the Loan Agreement and certain other rights will be assigned to the Lender under the terms of a Pledge Agreement (the "Pledge Agreement ") between the City and the Lender. 1.11. In consideration of the Loan by the City and to secure the payment of its obligations under the Loan Agreement and the principal of, premium, if any, and interest on the Note when due, the Borrower will execute and deliver a mortgage agreement granting a mortgage lien on certain property of the Borrower (the "Mortgage "), an assignment of leases and rents (the "Assignment "), and other security documents that are intended to secure timely payment of the Loan. 1.12. The principal of, premium, if any, and interest on the Note (i) shall be payable solely from the revenues pledged and otherwise available therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement. Section 2. The Note. 2.01. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Note in an aggregate principal amount not to exceed $3,800,000. The Note shall bear interest at rates designated by the terms of the Note, and shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of the Note now on file with the City, with the amendments referenced herein. The City hereby authorizes the Note to be issued as a "tax- exempt bond" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 524236v1 GAF CL162 -55 2 46 2.02. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note shall be substantially in the form now on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the name of the Note, the aggregate principal amount of the Note, the stated maturity of the Note and the maturity date of the Note, the interest rate on the Note, and the terms of optional and mandatory redemption of the Note) as the Mayor and the City Manager (the "Mayor" and the "City Manager," respectively), in their discretion, shall determine. The Mayor and the City Manager are authorized and directed to prepare the Note, and the Note shall be delivered to the Lender. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Note by the City shall be conclusive evidence of such determination. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Note. 2.03. The Note shall be a special, limited obligation of the City, and the principal of, premium, if any, and interest on the Note shall be payable solely from the proceeds of the Note, the revenues derived from the Borrower pursuant to the terms of the Loan Agreement and the security provided by the Borrower in accordance with the terms of the Loan Agreement, the Mortgage, the Assignment, and any and all other security of any kind or nature provided by the Borrower (or an affiliate) to the Lender. 2.04. As provided in the Loan Agreement, the loan repayments to be made by the Borrower under the Loan Agreement will produce revenues sufficient to pay the principal of, premium, if any, and interest on the Note when due. The Note shall not be payable from or charged upon any funds other than the revenues pledged to its payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Note shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Note or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder, which will be assigned to the Lender under the Pledge Agreement. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreement, and the revenues and assets thereunder, which will be assigned to the Lender under the Pledge Agreement. The Note shall recite that the Note is issued pursuant to the Act and that the Note, including interest and premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitations. 2.05. It is hereby found and determined that the Project furthers the purposes set forth in the Act, and therefore the Project constitutes a "project" within the meaning of Section 469.153, subdivision 2(b) of the Act. The City acknowledges, finds, determines, and declares that the issuance of the Note is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Note and the other actions of the City under the Loan Agreement, the Pledge Agreement, and this resolution constitute a public purpose and are in the best interests of the City. In accordance with Section 469.154 of the Act, the City Manager and other City staff are hereby authorized and directed to cause a draft copy of the DEED Application, together with drafts of all required attachments and exhibits, to be prepared by Kennedy & Graven, Chartered, as bond counsel ( "Bond Counsel "). The City Manager and other officers, employees, attorneys, and agents of the City are hereby authorized to provide DEED with any information needed for this purpose, and the City Manager is authorized to initiate and assist in the preparation of such documents as may be deemed appropriate by Bond Counsel. 5242360 GAF CL162 -55 3 47 Section 3. Agreements. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Loan Agreement and the Pledge Agreement. All of the provisions of the Loan Agreement and the Pledge Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement and the Pledge Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 4. Disbursements of Note Proceeds. The proceeds of the Note shall be disbursed in accordance with the terms of the Loan Agreement and the Disbursing Agreement. Section 5. Other Documents. The Mayor, the City Manager, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Note, including one or more certificates of the City, an endorsement of the City to the tax certificate of the Borrower, an Information Return for Tax - Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Note. The City hereby authorizes Bond Counsel to prepare, execute, and deliver its approving legal opinion with respect to the Note. Section 6. The City and Its Officers, Employees. and Agents. 6.01. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. 6.02. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer or employee executing the Note shall be liable personally on the Note or be subject to any personal liability or accountability by reason of the issuance thereof. 6.03. No provision, covenant, or agreement contained in the aforementioned documents, the Note, or in any other document relating to the Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Note, as provided therein. 6.04. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Note, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holders from time to time of the Note. 524236v1 GAF CL162 -55 4 48 Section 7. Seyerabilty. In case any one or more of the provisions of this resolution, other than the provisions contained in Section 2.03 hereof, or of the aforementioned documents, or of the Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Note, but this resolution, the aforementioned documents, and the Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. Section 8. Validity of the Note. The Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Note, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. Section 9. Authorization for Other Acts. The officers of the City, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Note, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any person delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager. Section 10. Designation as Bank - Qualified Obligation. The City hereby designates the Note as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Code. Section 11. Payment of Costs. The Borrower has agreed to pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the Note is issued. It is understood and agreed that the Borrower shall indemnify the City against all liabilities, losses, damages, costs, and expenses (including attorneys' fees and expenses incurred by the City) arising with respect to the Project or the Note as provided for and agreed to by and between the Borrower and the City in the Loan Agreement. Section 12. Payment of City's Administrative Fee. The Loan Agreement will require the Borrower to pay the City's bond administrative fee when the Note is issued. Section 13. Effective Date. This resolution shall be in full force and effect from and after its passage. 524236v1 GAF CL162 -55 5 49 Adopted by the City Council of the City of Columbia Heights, Minnesota, this 29`x' day of May, 2018. Mayor ATTEST: City Clerk 524236v1 GAF CL162 -55 6 50 er. Executive Summary Love To Grow On (LTGO) was incorporated as a non - profit 501(3) corporation in August 1998 for the purpose of providing affordable childcare and high - quality early childhood education to children six -weeks through age twelve. Love To Grow On offers full and part -time options for children 6 weeks through 12 years, Monday through Friday, from 6:30 am to 6:00 pm. On May 3, 1999, Love To Grow On opened our first center, now licensed for 103, in Living Faith Church at 10101 Lexington Avenue in Circle Pines, Minnesota. It should be noted that LTGO is not affiliated with the church. We are merely tenants of the church. Our second center opened in the summer of 2003, and then, relocated in early 2009 to commercial space at 9012 Griggs Avenue in the City of Lexington. Our two centers are less than two miles apart and serve the surrounding communities of Circle Pines, Blaine, Lino Lakes, Lexington, and Shoreview. Both locations are conveniently located by exits to 35W. Serving all ages makes Love To Grow On a one stop option for families. Our school -age program provides before and after school care with busing to five elementary schools in Centennial School District 12, Love To Grow On has an excellent reputation within the school district. Love To Grow On has been accredited by the National Association for the Education of Young Children (NAEYC) since July of 2013. Our centers have also been awarded with the highest possible Four -Star Parent Aware Rating. Star Ratings, based on current research, help families identify programs using the practices that best prepare children for kindergarten, Proposed Project Goals Love To Grow On has outgrown our existing rented sites. We are essentially at capacity and have waiting lists for infants and toddlers. We feel that we are financially at an optimum time to build our own facility. Having our own facility will enhance our stability by affording us more control than we ever could as renters. Love To Grow On plans to purchase of 1.84 acres at 6499 Lakota Trail at the intersection of Hodgson Road and Birch Street in Lino Lakes and construct a new facility. We intend to construct an approximately 13,000 square foot building, which would be licensed for approximately 188 children. Preliminary project costs are estimated at about $4.4 million, including $450,000 for acquisition of the land and about $2.9 million for hard constructions costs. We are seeking $3.8 million in first mortgage financing along with approximately $300,000 in subordinate debt financing. The building site is within three miles of both current center locations and is located in the Centennial School District. Children currently attending both the Circle Pines and Lexington centers would be able to move to our new facility. Combining our centers would enhance the cohesiveness of our programing, allow us to better utilize our faculty's strengths, streamline expenses, and better meet the community's childcare needs. 51 X D �S C m U) m X U) 0 m m m El" i l r� r ,A. r�r m � Fpw �om� 00 ya G) X ��OO o � ZM- 49 CM Ln Z En O R ° m m z C7 1 o ,i O Z Z rn r o� c crn o v r � � C Z- °a A x mN O� z N m O Z m D cn m X a m m m 9 A a��o m N ON N m n o Cl) T z i {o 0 2 m m�A °m o� N o g mm y = oo° mm� c m m m zmr+ �zz D Xp ,77, L- PV. rri g M 53 ;u 4 ra z Xp ,77, L- PV. 53 ;u Na 1! 2016 - C 5i., 9 �y2 tk � 8-p" li-5 o Jp HooftoN "0 (MUNry ftCM2 49) ---- ------- gill .. Fv 9 G e Gg 4 v rq g;;Am mi Ag A41 Z hinxi; J�M.2 w ONE- 0 1 ,z CD 0 I 12 jai 5AU 5 florgaill a SAL a 61, * Ell; 54 -, 15. 1018 - .. ". . -`7 I 0 z 0 A 0 C) 9: Rft Eli ... . ........ ------- RA ----------- pp; ■ EI lff-�= A LAKOTA T1WL -40-1 X406\ V as t go mi 8 1 N4 N.-M! MA IVA L- ■ EI lff-�= A ni A LAKOTA T1WL -40-1 go mi 8 1 N4 N.-M! MA P; L- 52 z, A ni .'10DC-So'\' ROAD (C.S.4 t_l No. 49 r % - I T MU Wu U y it 9- Z - I LAKOTA TRAIL it - i'r C I T MU U LAKOTA TRAIL it - i'r C ji 2 'n I T mll�wuj OEM l'ifflivil III ji 2 'n I T 0 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8B MEETING DATE May 29, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: First Reading of Ordinance 1648 Amending Chapter 2, Section 10 and Chapter 6, Section 53 pertaining to the Direction of the Police Department. DEPARTMENT: Administration CITY MANAGER'S APPROVAL: BY /DATE: Katie Bruno BY /DATE: u i CITY STRATEGY: Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: Following discussions at the July 20, 2017, October 26, 2017, January 18, 2018 and April 19, 2018 Charter Commission meetings, the Charter Commission proposes the following amendments to the City Charter: (Strikethrough indicates deleted language, underline indicates new language.) Section 10. THE MAYOR. The mayor �', 'tom shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of the Ordinance No. 1648, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No.1648, being an ordinance amending Chapter 2, Section 10 and Chapter 6, Section 53 of the City's Charter pertaining to the Direction of the Police Department for June 11, 2018, at approximately 7:00 p.m. in the City Hall Council Chambers. ATTACHMENTS: Ordinance No 1648 ORDINANCE NO. 1648 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTIONS 7 and 53 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: CHAPTER 2, FORM OF GOVERNMENT Section 10. THE MAYOR. The mayor shG4 hGve th e 61PPOin tM Mt-, W, Gn shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. try said d + ent L. it be under the e r nt 1 r. the m.oyer- rrcr yr v� �. y v First Reading: May 29, 2018 Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Katie Bruno, City Clerk Mayor Donna Schmitt Strikethrough indicates deleted language, underline indicates new language 58