HomeMy WebLinkAbout12-10-2018OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
DECEMBER 10, 2018
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday, December
10, 2018 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota
1. CALL TO ORDER /ROLL CALL
Mayor Schmitt called the meeting to order at 7:05 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 City Manager; Kevin Hansen, Public Works Director; Lenny Austin, Police Chief; Gary Gorman,
Fire Chief; Joe Kloiber, Finance Director; Joe Hogeboom, Community Development Director; Elizabeth
Hammond, City Planner; Keith Dahl, Economic Development Manager; Luke Anderson, Community
Development Intern; Mitch Forney, Community Development Intern; Ben Sandell, Communications Coordinator;
and Katie Bruno, City Clerk /Council Secretary
2. INVOCATION
Invocation provided by Matt Hinton, Heights 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 added Item 6C; Reading of Lomianki, Poland proclamation.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the agenda as amended.
All Ayes, Motion Carried.
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Introduction of Community Development interns, Luke Anderson and Mitchell Forney
Joe Hogeboom, Community Development Director introduced Luke and Mitch to the Council.
B. Proclamation, Walt Fehst Retirement
Mayor Schmitt read a proclamation announcing December 31, 2018 as Walter R. Fehst Day in the City of
Columbia Heights. A plaque was presented along with the Proclamation. City Manager Fehst gratefully
accepted the items.
C. Lomianki, Poland Proclamation
Mayor Schmitt read a letter from the Mayor of Lomianki, Poland expressing condolences for the recent passing
of President George H.W. Bush.
City Council Minutes
December 10, 201E
Page 2 of 2C
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.)
Mayor Schmitt requested items E and J be removed for discussion.
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of November 26,
2018 MOTION: Move to approve the minutes of the December 3, 2018 City Council
Work Session MOTION: Move to approve the minutes of the July 9, 2018 City Council
Work Session MOTION: Move to approve the minutes of the August 6, 2018 City
Council Work Session MOTION: Move to approve the minutes of the October 1, 2018
Assessment Hearings MOTION: Move to approve the minutes of the August 17, 2018
Special Council Meeting
B. Accept Board & Commission meeting minutes
MOTION: Accept the Library Board minutes from November 7, 2018 MOTION:
Accept the Planning Commission minutes from October 2, 2018
MOTION: Accept the Park & Recreation Commission minutes from October 24, 2018
C. Adopt Resolution 2018 -97 Being a Resolution Ordering Preparation of a Report for Madison
Street Curb and Gutter Construction, Project 1902
MOTION: Move to waive the reading of Resolution 2018 -97, there being ample copies available for the
public.
MOTION: Move to adopt Resolution 2018 -97 being a Resolution ordering preparation of a
feasibility report for Madison Street Curb and Gutter Construction, Project 1902.
D. Adopt Resolution 2018 -98 approving the Updated Surface Water Management Plan
MOTION: Move to waive the reading of Resolution No. 2018 -98, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2018 -98, being a resolution approving the City of
Columbia Heights Surface Water Management Plan, updated 2018.
E. City Hall Master Plan. *Removed for discussion
F. Authorize Mayor and City Manager to Enter into Contract for Police Service with City of Hilltop
MOTION: Move to authorize the Mayor and the City Manager to enter into a Police Service Contract
with the City of Hilltop for 2019 at the rates specified in the contract.
G. Consideration of adoption of the City of Columbia Heights Fee Schedule
MOTION: Move to waive the reading of Resolution No. 2018 -101 there being ample copies
available to the public.
MOTION: Motion to adopt Resolution No. 2018 -101, approving the citywide Fee Schedule for 2019.
H. Contractor Agreement for Sidewalk Snow Removal and Enforcement on Central Avenue
City Council Minutes
December 10, 201E
Page 3 of 2C
MOTION: Move to enter into a Letter of Agreement with DuAll for the enforcement and sidewalk snow
removal along Central Avenue for the 2018/19 winter season
I. Award Contract to TSG Server & Storage for IBM P9 iSeries Server
MOTION: Move to authorize a contract with TSG Server & Storage for $30,000 to purchase, install
and migrate data from the existing IBM P6 iSeries server to an upgraded IBM P9 iSeries server.
J. Resolution 2018 -100 Awarding the Sale Of General Obligation Public Facilities Refunding
Bonds, Series 2018A. *Removed for discussion
K. Authorizing the decennial update to the Comprehensive Plan be submitted to the Met Council
MOTION: Waive the reading of Resolution No. 2018 -96, there being ample copies available to the
public.
MOTION: Approve Resolution No. 2018 -96, a resolution of the City Council authorizing the decennial
update to the Comprehensive Plan be submitted to the Metropolitan Council.
L. Transfer of Funds to Fire Department 2018 Budget
MOTION: Move to waive the reading of Resolution No. 2018 -99, there being ample copies available
to the public.
MOTION: Motion to adopt Resolution 2018 -99, being a Resolution amending the 2018 Fire
Department budget.
M. Authorize Extension of Fire Service Contract with City of Hilltop.
MOTION: Move to authorize the Mayor and City Manager to enter into a one year Fire and EMS
service contract with the City of Hilltop starting January 1, 2019 and ending December 31, 2019.
N. Approve Resolution No. 2018 -102 Requesting Funds from the Anoka County HRA
MOTION: Move to waive the reading of Resolution No. 2018 -102, there being ample copies available
to the public.
MOTION: Move to approve Resolution No. 2018 -102, a resolution requesting funds from the Anoka
County Housing and Redevelopment Authority to support economic development activities within
the City of Columbia Heights.
O. Consideration of approval of attached list of rental housing applications.
MOTION: Move to approve the items listed for rental housing license applications for December
10, 2018 in that they have met the requirements of the Property Maintenance Code.
P. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for December 10, 2018.
Q. 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 $659,825.97.
City Council Minutes
December 10, 201E
Page 4 of 2C
Motion by Councilmember Novitsky, seconded by Councilmember Buesgens to approve the Consent Agenda
Items A, B, C, D, F, G, H, 1, K, L, M, N, O, P, and Q. All Ayes, Motion Carried.
The following items were removed for discussion:
E. City Hall Master Plan
Public Works Director Kevin Hansen reported that council and staff have been reviewing space needs as well as
locations for a new City Hall since 2017. Staff recommends a location with a Mill Street connection to Murzyn
Hall. The cost estimate for the new building is between $5,800,000 and $7,200,000. Director
Councilmember Murzyn, Jr. indicated that he has heard from some residents in the area that are concerned
with the potential closing of Mill Street. Director Hansen stated that meetings will be scheduled in order to
receive feedback from the community, and offer an opportunity for residents to ask questions.
Councilmember Novitsky questioned if the council will receive a report on the costs to renovate the existing City
Hall. Hansen confirmed that will be available at a future work session. Novitsky questioned why the council is
being asked to approve the master plan, prior to reviewing the renovation study.
Mayor Schmitt asked if any other location options will be presented to the public. Hansen indicated staff is
recommending the Mill Street site. Councilmember Williams and Buesgens agree with staff's recommendation.
KT Jacobs expressed concern with approving a site before all of the information has been reviewed. In addition
she is worried about the possible increased tax burden on residents. Councilmember Buesgens indicated that
the city has approximately 80% of the costs available.
Mayor Schmitt indicated she would like to have further discussion on the item, in order fully review the options.
Councilmember Novitsky suggested seeking input from the public at the Town Hall meeting scheduled in March.
Manager Fehst indicated that continuing to maintain the current building is very costly.
Motion by Mayor Schmitt, seconded by Councilmember Buesgens to accept the City Hall Master Plan and
establish the existing City Hall, Option 5 in the report, as the preferred site for future development of a new City
Hall. 4 Ayes, 1 Nay, Motion Carried. Ayes: Schmitt, Buesgens, Williams and Murzyn, Jr. Nay: Novitsky.
J. Resolution 2018 -100 Awarding the Sale of General Obligation Public Facilities Refunding Bonds, Series
2018A
Jason Aarsvold, Ehlers Inc. provided an overview of the recent bond refinance, reporting that the city will see
approximately $242,000 in future value savings.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to waive the reading of Resolution
2018 -100, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to adopt Resolution No. 2018 -100,
being a resolution awarding the sale of General Obligation Public Facilities Refunding Bonds, Series 2018A, in the
original aggregate principal amount of $2,070,000; fixing their form and specifications; directing their execution
and delivery; providing for their payment; and providing for the redemption of bonds refunded thereby. All Ayes,
Motion Carried.
8. PUBLIC HEARINGS
A. Resolution 2018 -95, Adopting A Budget For The Year 2019, Setting The City Levy, Approving The
HRA Levy, And Approving A Tax Rate Increase.
Finance Director Kloiber indicated the city adopted the preliminary tax levy in September. Council
held four work sessions to review the budget. Through that review, three modifications to the
proposed 2019 budget were identified:
City Council Minutes
December 10, 201E
Page 5 of 2C
1. Decrease General Fund revenue and expense by $20,000 each, to remove a new human
resources initiative (G.A.R.E.) from the budget. The League of MN Cities is developing a small -city
version of this activity that will be available at no cost. This reduces 2019 property taxes by $20,000.
2. Increase General Fund revenue by $115,000, to reflect an increase in apartment rental license
fees adopted by the City Council effective 2019.
3. Increase Special Projects Fund expense (transfer -out) by $300,000, to fund 40% of the contractor
costs for certain major maintenance to the public parking ramp at 4025 Van Buren Ave NE, under an
agreement with Fairview Health Clinic. Under that agreement, 60% of the contractor costs will be
provided by Fairview. The major maintenance to be performed is specified in a parking ramp
condition - analysis prepared for the city council in 2018.
The increases the city's gross property tax levy $603,311 or 5.3% for 2019. By comparison, the
average gross property tax increase proposed by all cities in Minnesota for 2019 is 5.7%
Mayor Schmitt noted a line item clerical error. Director Kloiber indicated that it will be corrected,
noting there is no change to the final dollar amounts.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of
Resolution 2018 -95, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to adopt Resolution No.
2018 -95, being a resolution adopting a budget for the year 2019, setting the city levy, approving the
HRA levy, and approving a tax rate increase. All Ayes, Motion Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Councilmember Williams expressed gratitude to City Manager Fehst, and wished all a Merry Christmas.
Councilmember Buesgens attended the Metro Cities lunch meeting, a neighborhood watch meeting, a tour at
Waste Management, a Street rehabilitation meeting for 37th Ave, the Library's 90th Anniversary event, the
Employee Recognition lunch, the Columbia Heights High School play, and the HeightsNEXT pet bed making
event.
Mayor Schmitt attended the Metro Cities regional meeting, the Chamber of Commerce meeting, participated in
the Salvation Army bell ringing with the Key Club, and attended the Bridgeview Art show at Northeast Bank.
Mayor Schmitt announced that the Holiday Train will be stopping in Columbia Heights on December 11tH
City Manager Walt Fehst stated he enjoyed the opportunity to work with the community of Columbia Heights;
residents and the staff.
11. COMMUNITY FORUM
KT Jacobs -4104 Monroe St NE suggested that the City improve signage for the public parking located in the ramp
adjacent to the Fairview Clinic.
City Council Minutes
December 10, 201E
Page 6 of 2C
Joyce Meier -4931 & 4933 Jackson St NE indicated she was not pleased with the company that was hired by the
city to clean up her property. She asked when she can get back into her home to make necessary repairs. Mayor
Schmitt suggested Ms. Meier speak with Fire Chief Gary Gorman.
Grant Nichols -1601 N. Innsbruck wished City Manager Fehst the best.
12. ADJOURNMENT
Motion by Councilmember Buesgens, seconded by Councilmember Williams to adjourn.
Meeting Adjourned at 8:29 p.m.
0& k( a
Respectively Submitted,
Katie Bruno, City Clerk /Council Secretary
RESOLUTION 2018 -95
ADOPTING A BUDGET FOR THE YEAR 2019, SETTING THE CITY LEVY, APPROVING THE
HRA LEVY, AND APPROVING A TAX RATE INCREASE.
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
Section A. The budget for the City of Columbia Heights for the year 2019 is hereby approved and adopted with
appropriations for each of the funds listed below. The estimated gross revenues to fund the budget for the year 2019,
including general ad valorum tax levies and use of fund balances, are also as listed below.
Proprietary Funds
Water Fund
Revenue
Expense
Governmental
2,100,773
2,312,335
Funds
12,597,000
12,658,477
General Fund
890,197
981,068
Planning & Inspections
503,600
503,600
Econ Dev Authority Admin
244,600
244,600
Cable Television
217,425
204,325
Library
1,002,700
1,002,700
After School Programs
22,000
44,300
21st Century Arts
-
45,300
Special Project Fund
-
300,000
Downtown Parking
25,000
25,000
Capital Project Funds
7,031,125
13,869,746
Debt Service Funds
1,619,529
1,819,100
Proprietary Funds
Water Fund
3,391,050
2,976,683
Sewer Fund
2,100,773
2,312,335
Refuse Fund
2,089,308
2,007,887
Storm Sewer Fund
890,197
981,068
Liquor Fund
8,923,400
8,794,800
Municipal Service Center
911,750
973,349
Capital Assets
452,500
27,500
Debt Principal
Paid (Advanced)
186,000
53,400
73,600
245,000
Information Systems 387,000
Use of Fund Balance 7,204,813
Total Including Interfund 49,161,270
Transfers
398,000
49,161,270
City Council Minutes
December 10, 201E
Page 7 of 2C
43,600
523,600 558,000
Section B. The following sums of money are levied for the current year, collectable in 2019 upon the taxable property
in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy
Estimated Library Levy
Estimated EDA Fund Levy
Total
10,051,000
955,095
242,100
11, 248,195
Section C. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment
Authority Tax Levy for the fiscal year 2019 in the amount of $247,000.
BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes
payable in the year 2019 that is higher than the tax rate calculated for the City for taxes levied in 2017
collectable in 2018.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal
and interest payments on General Obligation Bond Series 2009A in the amount of $230,329 and that the
County Auditor is authorized to cancel
$230,329 of the related Bond Levy for taxes payable in 2019, leaving a balance of $0 to be levied for taxes
payable in 2019 for Series 2009A.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal
and interest payments on General Obligation Bond Series 2013A in the amount of $502 and that the County
Auditor is authorized to cancel $502 of the related Bond Levy for taxes payable in 2019, leaving a balance of
$0 to be levied for taxes payable 2019 for Series 2013A.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal
and interest payments on General Obligation Bond Series 2015A in the amount of $275,000 and that the
County Auditor is authorized to cancel
$275,000 of the related Bond Levy for taxes payable in 2019, leaving a balance of $206,254 to be levied for taxes
payable in 2019 for Series 2015A.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal
and interest payments on General Obligation Bond Series 2017A in the amount of $335,344 and that the
County Auditor is authorized to cancel
$335,344 of the related Bond Levy for taxes payable in 2019, leaving a balance of $0 to be levied for taxes
payable in 2019 for Series 2017A.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal
and interest payments on General Obligation Bond Series 2017B in the amount of $295,000 and that the
County Auditor is authorized to cancel
City Council Minutes
December 10, 2018
Page 8 of 20
$295,000 of the related Bond Levy for taxes payable in 2019, leaving a balance of $268,446 to be levied for taxes
payable in 2019 for Series 2017B.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal
and interest payments on General Obligation Bond Series 2018A in the amount of $5,288 and that the County
Auditor is authorized to cancel $5,288 of the related Bond Levy for taxes payable in 2019, leaving a balance of
$205,329 to be levied for taxes payable in 2019 for Series 2018A.
The Finance Director /Treasurer is hereby instructed to transmit a certified copy of this resolution to the County
Auditor of Anoka County, Minnesta.
RESOLUTION 2018 -96
A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing the decennial update to the
Comprehensive Plan to be submitted to the Metropolitan Council.
WHEREAS, Minnesota Statutes section 473.864 requires each local governmental unit to review and, if necessary, amend
its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its
comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not
conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and
WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their
"decennial" reviews by December 31, 2018; and
WHEREAS, the City Council, Planning Commission, and the City Staff have prepared a proposed Comprehensive Plan
intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and
procedures; and
WHEREAS, pursuant to Minnesota Statutes section 473.858, the proposed Comprehensive Plan was submitted to adjacent
governmental units and affected special districts and school districts for review and comment on MAY 16, 2018 and the
statutory six- month review and comment period has elapsed; and
WHEREAS, the Planning Commission has considered the proposed Comprehensive Plan and all public comments, and
thereafter submitted its recommendations to this Council; and
WHEREAS, the City conducted a public hearing on December 4, 2018 relative to the adoption of the proposed
Comprehensive Plan; and
WHEREAS, the City Council has reviewed the proposed Comprehensive Plan and those recommendations, public
comments, and comments from adjacent jurisdictions and affected districts; and
WHEREAS, Minnesota Statutes section 473.858 requires a local governmental unit to submit its proposed comprehensive
plan to the Metropolitan Council following recommendation by the planning commission and after consideration but
before final approval by the governing body of the local governmental unit.
City Council Minutes
December 10, 2018
Page 9 of 20
WHEREAS, based on its review of the proposed Comprehensive Plan and Planning Commission and staff
recommendations, the City Council is ready to submit its proposed plan to the Metropolitan Council for review pursuant
to Minnesota Statutes section 473.864; and
NOW THERE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, AS
FOLLOWS:
1. The City Clerk is directed to distribute said Comprehensive Plan to the Metropolitan Council by December 31, 2018
pursuant to Minnesota Statutes section 473.864.
RESOLUTION 2018 -97
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, the City Council of Columbia Heights is proposing to construct curb and gutter on Madison Street, north of 37th
Avenue, a street in the city that has not been rehabilitated under the street program, and
Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section
10313.201 to 10313.251, as follows:
1902 CURB AND GUTTER CONSTRUCTION PROGRAM
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to
report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed
improvements are necessary, cost - effective, and feasible, and as to whether it should best be made as proposed or in
connection with some other improvement, the estimated cost of the improvement as recommended and a description of
the methodology used to calculate individual assessments for affected parcels.
RESOLUTION 2018 -98
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, the Mississippi Watershed Management Organization (MWMO and Rice Creek Watershed District (RCWD)
have approved and adopted Watershed Management Plans under Minnesota Statutes 103B.231, and
Whereas, the City of Columbia Heights is required to prepare a local water management plan, capital improvement plan
and official controls necessary to bring local water management into conformance with jurisdictional watershed or water
management organization plans under Minnesota Statutes 103B.235, and
Whereas, a Water Resource Management Plan for the City of Columbia Heights has been approved by the jurisdictional
water management agencies: the Mississippi Watershed Management Organization (MWMO), Rice Creek Watershed
District (RCWD), and the Metropolitan Council, and
Whereas, following these approvals, the Columbia Heights City Council is required to approve the plan by resolution.
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 Council hereby approves and adopts a Water Resource Management Plan for the City of Columbia Heights
City Council Minutes
December 10, 2018
Page 10 of 20
RESOLUTION 2018 -99
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 or received the following revenue:
Source Amount
State of Minnesota $17,408.80
Washington County $ 301.05
Anoka County $ 700.00
Crest View Lutheran Home $ 1260.00
St Matthews Lutheran Church $ 880.00
Center Point Enemy $ 2000.00
Total $22,549.85
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, accordingly, the expense necessary to earn this revenue was also not previously included in the 2018 budget;
and
Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of
Columbia Heights Fire Department;
Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of
the City of Columbia Heights makes the following:
ORDER OF COUNCIL
IT IS HEREBY RESOLVED, that the 2018 budget for general fund revenue and expense is amended for an increase of
$22,549.85
RESOLUTION NO. 2018-100
A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION
PUBLIC FACILITIES REFUNDING BONDS, SERIES 2018A, IN THE
ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,070,000; FIXING
THEIR FORM AND SPECIFICATIONS; DHtECTING THEIR EXECUTION
AND DELIVERY, PROVIDING FOR THEIR PAYMENT; AND PROVIDING FOR
THE REDEMPTION OF BONDS REFUNDED THEREBY
BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City ")
as follows:
Section 1. Sale of Bonds.
1.01. Background.
(a) Pursuant to Minnesota Statutes, Chapters 429, 444, and 475, as amended (the "Act "), and
pursuant to its home rule charter, the City issued its General Obligation Public Facilities Bonds, Series 2009A (the
"Series 2009A Bonds "), dated July 1, 2009, in the original aggregate principal amount of $3,935,000, currently
outstanding in the principal amount of $2,230,000, of which $2,030,000 is subject to redemption on or after
February 1, 2019. The proceeds of the Series 2009A Bonds financed (i) the construction and improvement of
various public buildings in the City; (ii) various improvements to the City's water system (the "2009 Utility
City Council Minutes
December 10, 2018
Page 11 of 20
Improvements "); and (iii) various street and alley rehabilitation and reconstruction projects (the "2009 Street
Improvements "). On February 1, 2019, the City will fully pay all outstanding principal of and interest on the
portion of the Series 2009 Bonds allocable to the 2009 Utility Improvements and the 2009 Street Improvements.
(b) The City is authorized by Section 475.67, subdivision 3, of the Act to issue and sell its general
obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent
with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable
for the reduction of debt service costs to the City, or for the extension or adjustment of maturities in relation to the
resources available for their payment.
(c) It is necessary and desirable for the reduction of debt service costs to the City that the City issue
its General Obligation Public Facilities Refunding Bonds, Series 2018A (the "Bonds "), in the original aggregate
principal amount of $2,070,000, pursuant to its home rule charter and the Act, specifically Section 475.67,
subdivision 3, to redeem and prepay the outstanding principal amount of the Series 2009A Bonds on February 1,
2019 (the "Redemption Date ").
(d) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the
Bonds, it being determined that the City has retained an independent municipal advisor in connection with such
sale. The actions of the City staff and the City's municipal advisor in negotiating the sale of the Bonds are
ratified and confirmed in all aspects.
1.02. Award to the Purchaser and Interest Rates. The proposal of Northland Securities, Inc., Minneapolis,
Minnesota (the "Purchaser "), to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby
accepted, the proposal being to purchase the Bonds at a price of $2,072,756.27 (par amount of $2,070,000.00, plus original
issue premium of $19,921.75, less an underwriter's discount of $17,165.48), plus accrued interest, if any, to date of delivery
for Bonds bearing interest as follows:
Year
Interest
Year
Interest
Rate
Rate
2020
3.000%
2030*
3.000%
2021
3.000
2032*
3.100
2022
3.000
2034*
3.200
2023
3.000
2036*
3.350
2024
3.000
2038*
3.450
2026*
2.450
* Term Bonds
True interest cost: 3.1439874%
1.03. Purchase Contract. The amount proposed by the Purchaser in excess of the minimum bid shall be
credited to the Debt Service Fund hereinafter created or deposited in the Redemption Fund hereinafter created, as
determined by the Finance Director of the City in consultation with the City's municipal advisor. The Finance Director is
directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good
faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser
on behalf of the City.
1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to
the home rule charter of the City and the Act, specifically Section 475.67, subdivision 3 thereof, in the total principal
amount of $2,070,000, originally dated December 27, 2018, in the denomination of $5,000 each or any integral multiple
City Council Minutes
December 10, 2018
Page 12 of 20
thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years
and amounts as follows:
Year
Amount
Year
Amount
2020
$135,000
2030*
$335,000
2021
150,000
2032*
185,000
2022
150,000
2034*
200,000
2023
160,000
2036*
215,000
2024
165,000
2038*
230,000
2026*
145,000
* Term Bonds
1.05. Optional Redemption_. The City may elect on February 1, 2027, and on any day thereafter to prepay Bonds
due on or after February 1, 2028. Redemption may be in whole or in part and if in part, at the option of the City and in such
manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as
defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of
each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership
interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest.
1.06. Mandatory Redemption; Term Bonds. The Bonds maturing on February 1, 2026, February 1, 2030, February
1, 2032, February 1, 2034, February 1, 2036, and February 1, 2038 shall hereinafter be referred to collectively as the "Term
Bonds." The principal amount of the Tenn Bonds subject to mandatory sinking fund redemption on any date may be reduced
through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory
sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term Bonds are subject to
mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following
years and in the principal amounts as follows:
Sinking Fund Installment Date
Februga 1 2026 Term Bond Principal Amount
2025 $70,000
2026* 75,000
* Maturity
February 1, 2030 Term Bond Principal Amount
2027 $80,000
2028 80,000
2029 85,000
2030* 90,000
* Maturity
February 1, 2032 Term Bond Principal Amount
2031 $90,000
2032* 95,000
* Maturity
City Council Minutes
December 10, 2018
Page 13 of 20
February 1, 2034 Term Bond Principal Amount
2033 $100,000
2034* 100,000
* Maturity
February 1, 2036 Tenn Bond Principal Amount
2035 $105,000
2036* 110,000
* Maturity
FebruM 1 2038 Term Bond Principal Amount
2037 $110,000
2038* 120,000
* Maturity
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described
herein.
2.02. Dates, Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the
date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of
authentication is an interest payment date to which interest has been paid or made available for payment, in which case the
Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on
February 1 and August 1 of each year, commencing August 1, 2019, to the registered owners of record as of the close of
business on the fifteenth day of the immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating
agent, and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar
with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond register in which
the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges
of Bonds entitled to be registered, transferred, or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner
thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close
the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date
and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the
Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity
as requested by the registered owner or the owner's attorney in writing.
City Council Minutes
December 10, 2018
Page 14 of 20
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the
Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the
Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or
separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The
Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond
is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the
purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other
purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to
satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees, and Charges. The Registrar may impose a charge upon the owner thereof for a
transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to the transfer or exchange.
(h) Mutilated Lost Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed,
stolen, or lost, the Registrar will deliver a new Bond of like amount, number, maturity date, and tenor in exchange
and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen, or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen, or lost, upon filing with the Registrar of evidence
satisfactory to it that the Bond was destroyed, stolen, or lost, and of the ownership thereof, and upon furnishing to
the Registrar an appropriate bond or indemnity in form, substance, and amount satisfactory to it and as provided
by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the
Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the
mutilated, destroyed, stolen, or lost Bond has already matured or been called for redemption in accordance with
its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying
the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class
mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the
registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by
publication or by mail to registered owners, or any defect therein, will not affect the validity of the proceedings
for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified
redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota,
as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a
contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting
corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized
to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the
services performed. The City reserves the right to remove the Registrar upon thirty (30) days' notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its
possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each
principal or interest due date, without further order of the City Council, the Finance Director must transmit to the
Registrar monies sufficient for the payment of all principal and interest then due.
2.05. Execution Authentication and Delive . The Bonds will be prepared under the direction of the City
Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all
signatures may be printed, engraved, or lithographed facsimiles of the originals. If an officer whose signature or a
City Council Minutes
December 10, 2018
Page 15 of 20
facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that
signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in
office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to
any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly
executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is
conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so
prepared, executed, and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the
purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to
see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more
typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may
be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive
Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. Execution of Bonds. The Bonds will be printed or typewritten in substantially the form set forth in
EXHIBIT B attached hereto.
3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to be printed
on or accompany each Bond.
Section 4. Payment; Security; Pledges; and Covenants.
4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Public Facilities Refunding
Bonds, Series 2018A Debt Service Fund (the "Debt Service Fund ") hereby created, and the proceeds of the ad valorem taxes
(the "Taxes ") hereinafter levied are hereby pledged to the Debt Service Fund. The Debt Service Fund shall be administered
and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the
official financial records of the City. There is appropriated to the Debt Service Fund any amount over the minimum purchase
price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with
Section 1.03 hereof.
4.02. Redemption Fund. All proceeds of the Bonds, less the appropriations made in Section 4.01 hereof and the
costs of issuance of the Bonds, will be deposited in a separate fund (the "Redemption Fund ") to be used solely to redeem
and prepay the Series 2009A Bonds. Any balance remaining in the Redemption Fund after the redemption of the Series
2009A Bonds on the Redemption Date shall be deposited in the Debt Service Fund.
4.03. Prior Debt Service Fund. The debt service fund, and the accounts created within, heretofore established
for the Series 2009A Bonds pursuant to the resolution providing for the issuance and sale of the Series 2009A Bonds (the
"Prior Resolution ") shall be closed following the redemption of the Series 2009A Bonds on the Redemption Date, and all
monies therein shall be transferred to the Debt Service Fund herein created, if applicable.
4.04. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as
the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably
pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which
are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund
when a sufficient balance is available therein.
City Council Minutes
December 10, 2018
Page 16 of 20
4.05. Pledge of Taxes. For the purpose of paying of the principal of and interest on the Bonds, there is hereby
levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon
the tax rolls and collected with and as part of other general taxes of the City. Such Taxes will be credited to the Debt
Service Fund above provided and will be in the years and amounts attached hereto as EXHIBIT C.
4.06. Certification to Manager of Property Records and Taxation as to Debt Service Fund Amount. It is hereby
determined that the estimated collections of Taxes will produce at least five percent (5 %) in excess of the amount needed
to meet when due the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable
until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may
certify to the Manager of Property Records and Taxation of Anoka County, Minnesota (the "Manager of Property Records
and Taxation "), the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year,
and the Manager of Property Records and Taxation will thereupon reduce the levy collectible during such year by the
amount so certified.
4.07. Cancellation of Prior Levies after Redemption Date. Following the payment in full of all outstanding
principal of and interest on the Series 2009A Bonds on the Redemption Date, the Finance Director is hereby directed to certify
such fact to and request the Manager of Property Records and Taxation to cancel any and all tax levies made for the Series
2009A Bonds.
4.08. Certification of Manager of Property Records and Taxation as to Registration. The City Manager is
authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation and
to obtain the certificate required by Section 475.63 of the Act.
Section 5. Refunding, Findings; Redemption of Series 2009A Bonds.
5.01. Purpose of Refunding. On the Redemption Date (February 1, 2019), the Series 2009A Bonds will be
called for redemption in the principal amount of $2,030,000. It is hereby found and determined that based upon
information presently available from the City's municipal advisor, the issuance of the Bonds, a portion of which will be
used to redeem and prepay the Series 2009A Bonds, is consistent with covenants made with the holders of the Series
2009A Bonds and is necessary and desirable for the reduction of debt service costs to the City.
5.02. Application of Proceeds of Bonds. It is hereby found and determined that the proceeds of the Bonds
deposited in the Redemption Fund, along with any other funds on hand in the debt service fund established pursuant to the
Prior Resolution, will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the
Series 2009A Bonds.
5.03. Redemption: Date of Redemption, of Call for Redemption. The Series 2009A Bonds maturing
after the Redemption Date, will be redeemed and prepaid on the Redemption Date. The Series 2009A Bonds will be
redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the form
of Notice of Call for Redemption attached hereto as EXHIBIT D, which terms and conditions are hereby approved and
incorporated herein by reference. The registrar for the Series 2009A Bonds is authorized and directed to send a copy of
the Notice of Call for Redemption to each registered holder of the Series 2009A Bonds at least thirty (30) days prior to the
Redemption Date.
Section 6. Authentication ofTranscrint.
6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish
to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating
to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as
may be required to show the facts within their knowledge or as shown by the books and records in their custody and under
their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore
furnished, will be deemed representations of the City as to the facts stated therein.
City Council Minutes
December 10, 2018
Page 17 of 20
6.02. Certification as to Official Statement. The Mayor, City Manager, and Finance Director are hereby
authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection
with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a
complete and accurate representation of the facts and representations made therein as of the date of the Official Statement.
6.03. Other Certificates. The Mayor, City Manager, and Finance Director are hereby authorized and directed to
furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have
been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at
the closing the Mayor, City Manager, and Finance Director shall also execute and deliver to the Purchaser a suitable
certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to
payment for and delivery of the Bonds.
6.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond
proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further
distribution as directed by the City's municipal advisor, Ehlers and Associates, Inc.
Section 7. Tax Covenant.
7.01. Tax - Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest
on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and the
Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its
officers, employees, or agents to take, all affirmative action within its power that may be necessary to ensure that such
interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or
as hereafter amended and made applicable to the Bonds.
7.02. debate Exception.
(a) The City will comply with requirements necessary under the Code to establish and maintain the
exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without
limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield
greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, if the
Bonds (together with other obligations reasonably expected to be issued in calendar year 2018) exceed the small -
issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate
requirements, the City finds, determines and declares that:
(i) the Series 2009A Bonds were each issued as part of an issue which was treated as
meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or
less of bonds;
(ii) the average maturity of the Bonds does not exceed the remaining average maturity of the
Series 2009A Bonds; and
(iii) no maturity of the Bonds has a maturity date which is later than the date which is thirty
(30) years after the date the Series 2009A Bonds were issued.
7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause
or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
City Council Minutes
December 10, 2018
Page 18 of 20
7.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax - exempt obligations"
within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds
that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City)
during calendar year 2018 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar year 2018 have been
designated for purposes of Section 265(b)(3) of the Code.
7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
Section 8. Book -Enn System; Limited Obligation of City.
8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully
registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each
Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The
Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this
section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede
& Co., as nominee of DTC.
8.02. Part ici ynants. With respect to Bonds registered in the registration books kept by the Registrar in the name
of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation
to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities
depository (the "Participants ") or to any other person on behalf of which a Participant holds an interest in the Bonds,
including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede &
Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other
person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice
with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person,
other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the
Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is
registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of
payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect
to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the
Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar,
and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to
payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person
other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated
Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the
effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to
such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same
to the Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of
Representations (the "Representation Letter ") which will govern payment of principal of, premium, if any, and interest on
the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with
City Council Minutes
December 10, 2018
Page 19 of 20
respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter
with respect to the Registrar and Paying Agent, respectively, to be complied with at all times.
8.04. Transfers Outside Book -Engy System. In the event the City, by resolution of the City Council,
determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain
Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC
of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and
any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue
providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities
with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will
issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long
as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if
any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner
provided in DTC's Operational Arrangements as set forth in the Representation Letter.
Section 9. Continuing Disclosure.
9.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain
Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of
the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof.
9.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and
agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate.
Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure
Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause
the City to comply with its obligations under this section.
Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the
pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will
remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar
on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
RESOLUTION NO. 2018-101
RESOLUTION APPROVING THE CITY OF COLUMBIA HEIGHTS FEE SCHEDULE
BE IT RESOLVED BY the City Council (the "Council ") for the City of Columbia Heights, Minnesota (the "City ") as
follows:
WHEREAS, certain fees are associated within the various city departments; and
WHEREAS, occasionally, fees are evaluated and adjusted based on comparable area rates as well as staff time used for
processing and evaluating requests; and
WHEREAS, the passage of this Resolution will update the comprehensive city -wide fee schedule.
City Council Minutes
December 10, 2018
Page 20 of 20
NOW, THEREFORE BE IT RESOLVED that the City Council hereby adopts the attached City of Columbia Heights Fee
Schedule, which will take effect January 1 st, 2019.
RESOLUTION NO.
2018 -102
RESOLUTION REQUESTING FUNDS FROM THE ANOKA COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY TO SUPPORT ECONOMIC DEVELOPMENT ACTIVITIES WITHIN
THE CITY OF COLUMBIA HEIGHTS
BE IT RESOLVED BY the City Council (the "Council ") of the City of Columbia Heights, Minnesota (the "City ")
as follows:
WHEREAS, the City is part of Anoka County (the "County "), and such is a rapidly growing and important segment
of the Twin Cities Metropolitan Region, made up of rich variety of vital, desirable communities; and
WHEREAS, on June 24, 2017, the Council adopted Resolution 2017 -70, a resolution authorizing the approval of
participation in the Anoka County Housing and Redevelopment Authority (the "ACHRA ") economic development
activities; and
WHEREAS, the City is eligible to request funding for projects and programs that meet the requirements of MN
Statute 469; and
WHEREAS, the Council, after appropriate examination and review, entered into a Memorandum of Understanding
and a Voluntary Cost Sharing Agreement on September 24, 2018 (the "Agreements ") with the County and
municipalities of the County to set goals, create an action plan, and implement shared objectives to promote
economic development; and
WHEREAS, the Agreements addressed the need for cost sharing and the City desires to request funding from the
ACHRA to support the economic development activities.
NOW, THEREFORE BE IT RESOLVED, the City does hereby requests that the ACHRA contribute the sum of
$1,100, as a voluntary contribution to the economic development activities described in the Agreements.