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10-10-22 City Council Meeting Packet
CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers John Murzyn, Jr. Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois City Hall—Council Chambers, 590 40th Ave NE Monday, October 10, 2022 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and entering meeting ID 816 0077 4087 or by Zoom at https://us02web.zoom.us/j/81600774087. For questions please call the Administration Department at 763-706-3610. CALL TO ORDER/ROLL CALL MISSION STATEMENT Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively addresses changing citizen and community needs in a fiscally- responsible and customer-friendly manner. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items submitted after the agenda preparation deadline.) PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 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.) MOTION: Move to approve the Consent Agenda as presented. 1. Approve September 26, 2022 City Council Meeting Minutes. MOTION: Move to approve the September 26, 2022 City Council Meeting Minutes. 2. Approve September 28, 2022 Special City Council Meeting Minutes. MOTION: Move to approve the September 28, 2022 Special City Council Meeting Minutes. 3. Accept May 11, 2022 Youth Commission Meeting Minutes. MOTION: Move to accept the May 11, 2022 Youth Commission Meeting Minutes. 4. Approve September 6, 2022 EDA Meeting Minutes. MOTION: Move to approve the September 6, 2022 EDA Meeting Minutes. 1 City of Columbia Heights AGENDA October 10, 2022 City Council Meeting Page 2 5. Accept September 7, 2022 Library Board Minutes. MOTION: Move to Accept the Library Board Minutes from September 7, 2022. 6. License Agenda. MOTION: Move to approve the items as listed on the business li cense agenda for October 10, 2022 as presented. 7. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for October 10, 2022, in that they have met the requirements of the Property Maintenance Code. 8. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,822,325.19. PUBLIC HEARINGS ITEMS FOR CONSIDERATION 9. Censure and Direction of Council Member Kt Jacobs. MOTION: Move to waive the reading of Resolution 2022-93, there being ample copies available to the public. MOTION: Move to approve Resolution 2022-93, a resolution for the censure and direction of Council member Kt Jacobs. 10. Approve Early Access Agreement and Related Agreements for City Hall Condo Buildout. MOTION: Move to waive the reading of Resolution 2022-94, there being ample copies available to the public. MOTION: Move to approve Resolution 2022-94, a resolution approving Early Access Agreement with BPOZ, Columbia Heights, LLC for the buildout of the City Hall condo unit at the 40th and Central redevelopment site. MOTION: Move to approve the Construction Disbursing and Indemnity Agreements as presented subject to modifications that do not alter the substance of the transaction and that are approved by the City Manager. 11. Clarify for the Record, the Budget Appropriation for City Hall Construction Project 1911. MOTION: Move to clarify for the record, that the budget appropriation originally established by city council Resolution 2018-95 for the city hall construction project 1911 still applies to the project in its current form as a condominium located at 3989 Central Avenue NE. Ordinances and Resolutions 2 City of Columbia Heights AGENDA October 10, 2022 City Council Meeting Page 3 12. Consideration of a Rental License Exemption for 4832 West Upland Crest. MOTION: Move to waive the reading of Resolution No. 2022 -95, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2022-95, a resolution approving the single- family rental exemption request for the rental application at 4832 West Upland Crest, Columbia Heights, MN 55421. Bid Considerations New Business and Reports CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager COMMUNITY FORUM At this time, individuals may address the City Council in a respectful manner. Individuals should address their comments to the City Council as a whole, not individual members. Speakers that are in - person are requested to come to the podium. All speakers need to state their name and connection to Columbia Heights, and limit their comments to five (5) minutes. All speakers are also asked to fill out this information as well as their address on a form for the Council Secretary's record. Those in attendance virtually should send this information in the chat function to the moderator and make sure to turn on their video and audio when they address the Council. The City Council will listen to brief remarks, ask clarifying questions, and if needed, request staff t o 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 on which they are raised. ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 3 CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers John Murzyn, Jr. Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois City Hall—Council Chambers, 590 40th Ave NE Monday, September 26, 2022 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, September 26, 2022, in the City Council Chambers, City Hall, 590 40 th Avenue NE, Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 6:00 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember Murzyn, Jr.; Councilmember Novitsky Also Present: Airreon Austin, Police Officer; Ricardo Basurto Ayala , Police Officer; Kelli Bourgeois, City Manager; Aaron Chirpich, Community Development Director; Jackie Urbaniak, Police Sergeant; Leon Fletcher, Police Officer; Jim Hoeft, City Attorney; Sara Ion, City Clerk; Joe Kloiber, Finance Director; Jason Piehn, Police Sergeant; Becky Romanik, Police Lead Records Technician; Angela Montero, City Resident; Jack Isrealson, City Resident; Amanda Fulk, Alexandra House Community Engagement Coordinator; Naty Severson, School Liaison; Rachel James, City Resident PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Hispanic Heritage Month Proclamation Mayor Márquez Simula proclaimed September 15, 2022 – October 15, 2022, as “Hispanic Heritage Month” and read the City’s proclamation. Angela Montero, City Resident, then read the proclamation in Spanish. B. National Recovery Month Proclamation Mayor Márquez Simula proclaimed September 2022 as “National Recovery Month” and read the City’s proclamation. C. Polish American Heritage Month Proclamation Mayor Márquez Simula proclaimed October 2022 as “Polish American Heritage Month” and read the City’s proclamation. 4 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 2 Mayor Márquez Simula acknowledged the members from the Sister City organization that were in attendance. D. Library Card Sign Up Proclamation Jack Isrealson, City Resident, and member of the Youth Commission read the City’s proclamation which proclaimed September 2022 as “Library Card Sign Up Month”. D. Domestic Violence Awareness Month Proclamation Mayor Márquez Simula proclaimed October 2022 as “Domestic Violence Awareness Month” and read the City’s proclamation. Amanda Fulk, Alexandra House Community Engagement Coordinator, accepted the proclamation. Fulk stated that during Domestic Violence Awareness Month, Alexandra House has a few initiatives that they are holding in October 2022 in order to promote awareness about domestic violence, support victims and survivors, and remember those that they have lost in the County. Fulk said that over the past weekend there was the event ,“Hope Fest”, where they had a walk to build awareness. She added that throughout October, resident s can put up a yard sign in support of victims and survivors or light their house or any other area in purple. She stated that they could also participate in “Purple Thursday” which helps to spread awareness and talk about those conversations of what contr ibutes to a healthy, unhealthy, and abusive relationship. Fulk said that all the event information is listed on their website along with other resources and ways to volunteer. E. Police Staff Introductions Police Chief Austin stated that the department just recently promoted a few Staff. He said that Becky Romanik was promoted to Lead Records Technician, Sergeant Jackie Urbaniak was promoted to Sergeant and has been with the department since 2016, and Sergeant Jason Piehn was promoted to Sergeant and has been with the department since 2005. Chief Austin then introduced the department’s new officers: Officer Airreon Austin, Officer Ricardo Basurto Ayala, and Officer Leon Fletcher. The new officers introduced themselves to the Council. Romanik and Sergeant Urbaniak thanked the Council for their new opportunity at the City. Sergeant Piehn stated that he’s been with the department for 17 years and this promotion is another step in the progression of his commitment to the City. He thanked the City for making a commitment in him and for the mentorship he has received; he pays forward the mentorship in the same respect. Sergeant Piehn said he is honored to work with the newest officers to the seasoned veterans in the department. F. School Liaison Guest 5 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 3 Naty Severson, School Liaison, provided the Council with a “Back-to-School” update. She stated they implemented a “Heighten Up Plan” which hopes to progress students in their learning after COVID. Severson stated that they are focusing on the idea of transformation, which puts emphasis on pushing the dial forward rather than staying in the status quo ; by evaluating inequitable outcomes, health and safety, focusing on literacy, collaboration, community, and student voice which allows students to give feedback to administration. Severson thanked Mayor Márquez Simula for bringing gifts on her trip to students in Poland. She said that they are having their “Alumni Foundation Dinner” on October 27, 2022, that supports scholarships from the community. She reminded residents and emphasized to pet owners that October 14, 2022, is homecoming and that there will be fireworks after the game. Mayor Márquez Simula asked about if there was a fire truck parade. Severson stated she was not aware of one. Mayor Márquez Simula asked which team they were playing. Severson did not know but Isrealson, who was in the audience, stated it was Roosevelt. Mayor Márquez Simula stated that the teachers in Poland were thankful for the t-shirts and the other presents that were provided by the school district. CONSENT AGENDA Motion by Councilmember Murzyn Jr., seconded by Councilmember Novitsky, to approve th e Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve September 6, 2022 City Council Work Session Meeting Minutes MOTION: Move to approve the September 6, 2022 City Council Work Session Meeting Minutes. 2. Approve September 12, 2022 City Council Meeting Minutes MOTION: Move to approve the September 12, 2022 City Council Meeting Minutes. 3. Adopt Resolution 2022-81, Appointing Youth Commission Members MOTION: Move to waive the reading of Resolution 2022-81, there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-81, appointing Youth Commission members. 4. Approve Contract for Bulky Item Removals MOTION: Move to approve a four-year contract with Shoreview Hunks LLC (a franchise of College H.U.N.K.S. Hauling Junk & Moving) for professional bulk removal services; and, authorize the Mayor and City Manager to enter into an agreement for the same. 5. Acquisition of Temporary and Permanent Easements at 3701 Reservoir Boulevard, Project 2110 MOTION: Move to approve payment of $25,000 to Fadia Salem at 3701 Reservoir Boulevard, for permanent and temporary easements, Project 2110. 6 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 4 6. Adopt Resolution 2022-83, Establishing Amount of City Share and Amount of Special Assessments on Projects to Be Levied MOTION: Move to waive the reading of Resolution 2022-83, there being ample copies available for the public. MOTION: Move to adopt Resolution 2022-83, being a resolution establishing amount of City share and amount of special assessments on projects to be levied. 7. Adopt Resolution 2022-84, Designating “No Parking” on the North Side of 37th Avenue from Central Avenue to 100 Feet East of Hayes Street, continuing 425 Feet East of Hayes Street to Stinson Boulevard; and on 37th Place from 37th Avenue to Stinson Boulevard MOTION: Move to waive the reading of Resolution 2022-84, there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-84 designating “No Parking” on the north side of 37th Avenue from Central Avenue to 100 feet east of Hayes Street, continuing 425 feet east of Hayes to Stinson Boulevard; and on 37th Place from 37th Avenue to Stinson Boulevard. 8. Adopt Resolution 2022-85, Ordering Preparation of a Report for 37th Avenue Street Reconstruction and Multi-use Trail MOTION: Move to waive the reading of Resolution 2022-85, there being ample copies available for the public. MOTION: Move to adopt Resolution 2022-85, being a Resolution ordering preparation of a feasibility report for 37th Avenue and 37th Place Street Rehabilitation and Multi -use Trail, Project 2110. 9. Adopt Resolution 2022-86, Ordering Preparation of a Report for 53rd Avenue Turnabout and Street Rehabilitation from Central Avenue to 1,100 Feet West MOTION: Move to waive the reading of Resolution 2022-86, there being ample copies available for the public. MOTION: Move to adopt Resolution 2022-86, being a Resolution ordering preparation of a feasibility report for 53rd Avenue Turnabout and Street Rehabilitation from Central Avenue to 1,100 Feet West, Project 2007. 10. Adopt Resolution 2022-87, Ordering Preparation of a Report for 53rd Avenue Trail, Sidewalk and Street Rehabilitation from 1,100 feet West of Central Avenue to University Avenue MOTION: Move to waive the reading of Resolution 2022-87, there being ample copies available for the public. MOTION: Move to adopt Resolution 2022-87, being a Resolution ordering preparation of a feasibility report for 53rd Avenue Trail, Sidewalk and Street Rehabilitation from 1,100 feet west of Central Avenue to University Avenue, Project 2305. 11. Rental Occupancy Licenses for Approval MOTION: Move to approve the items listed for rental housing license applications for 7 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 5 September 26, 2022, in that they have met the requirements of the Property Maintenance Code. 12. License Agenda MOTION: Move to approve the items as listed on the business license agenda for September 26, 2022, as presented. 13. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,953,478.45. ITEMS FOR CONSIDERATION Ordinances and Resolutions 14. Resolution 2022-74, Adopting a Proposed Budget for the Year 2023, Setting the Proposed City Levy, Approving the HRA Levy, Approving a Tax Rate Increase, and Establishing a Budget Hearing Date for Property Taxes Payable in 2023 Director Kloiber reported that as required under the city charter, the city manager provided the Council with a proposed 2023 budget and tax levy at a regular council meeting in August. That document explains the proposed 2023 budget with summary and detail information, including comparisons to both the current year budget and to two prior years of actual expenses and it is available on the city website. He stated that the draft resolution includes one change recommended by Staff from the August version of the proposed budget. To clarify, a new budget disclosure now required by state law to be included in the annual Notice of Proposed Property Taxes to be mailed to each property owner by the County, Staff recommends including the Public Improvement Revolving (PIR) Fund 415 in the proposed budget for informational purposes. This does not change the proposed property tax levy. This recommendation, as well as a review of the overall 2023 proposed budget, were presented to the Council at the September 6, 2022, work session. Staff notes that until now, the budget for PIR Fund 415 has been approved on a project basis by the Council through the separate statutory process for adopting special assessments. Including PIR Fund 415 for informational purposes in the annual proposed budget resolution will not eliminate the requirement for the Council to hold separate public hearings to adopt any new special assessment rolls. This year, those special assessment hearings will be held on October 4, 2022. Director Kloiber said that by statute, the Council must adopt a proposed budget and tax levy resolution by September 30, 2022. The Council must also adopt a final version at a budget hearing December 12, 2022. The final tax levy can be less than, but not greater than, the proposed levy adopted in September. 8 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 6 Motion by Councilmember Buesgens, seconded by Councilmember Murzyn Jr., to waive the reading of Resolution 2022-74, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to adopt Resolution 2022-74, being a resolution adopting a proposed budget for the year 2023, setting the proposed city levy, approving the HRA levy, approving a tax rate increase, and establishing a budget hearing date for property taxes payable in 2023 of December 12, 2022, at approximately 6:00 p.m. in the city council chambers. All Ayes, Motion Carried 5-0. 15. Consideration of a Rental License Exemption for 5149 University Ave NE Director Chirpich reported that on September 16, 2022, the owner of 5149 University Avenue NE, reached out to the community development department requesting an exemption from the single-family rental moratorium. Included for the Council was the letter that Staff received. Section 2 of Ordinance 1678, which established the single -family rental moratorium, states that “The City may make exception for any application in individual cases in the event that extreme financial hardship as determined by the City in its sole discretion”, as it is the homeowner’s right to appeal to the Council. Staff brought forth the appeal along with supporting documents for discussion and review. Director Chirpich stated that if approved, Resolution 2022-82 would grant a temporary rental license exemption to the homeowner with a few additional requirements. The homeowner is required to complete the license application process within three months from the passage of the resolution which puts a limit on how long they can take to bring the house into rental compliance, if needed. The temporary rental license will be valid for one year from the date that the license is approved. This provides the homeowner and tenant the ability to rent the home for a full one-year lease. After the term of the temporary license, the license will be revoked without the ability to renew. The homeowner will then have to apply for a traditional rental license. At this time the moratorium and all its changes shall be in effect and the traditional license application will be subject to any limitations and requirements adopted into the city code. The resolution clearly states that by giving the homeowner a temporary license it is in no way ensuring that a traditional license shall be given or available after the revocation of the temporary license by the City. Staff recommends approving Resolution 2022-82, approving the single-family rental exemption request for the rental application at 5149 University Avenue NE. Councilmember Buesgens asked about after the moratorium expires and the new code is in effect, if this house is in an area where it is above the 10% density that it wouldn’t be able to be a rental. Director Chirpich stated that was the case and that Staff did an analysis of the ratio in this vicinity under the current map as drafted and a license wouldn’t be available. 9 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 7 Councilmember Jacobs stated she was concerned that part of the reason for the moratorium was to address issues with landlords that are not local. She asked for clarification on his letter, stating that it is assuming that the rent would cover his mortgage payment. Chirpich stated he thought this was the case but couldn’t speak for the owner. Councilmember Jacobs asked further about how he would have money for purchasing a new home and stated how most companies will help with relocation costs. She said she was disappointed the owner was not in attendance that evening to answer questions. Mayor Márquez Simula stated that she sees how Staff doesn’t think this is going to become a problem next year, if the potential proposed ordinance that puts a rental density cap in place. Director Chirpich stated this is going to be discussed and considered over the next twelve months. Mayor Márquez Simula asked if the property is not qualified for renting now. Director Chirpich said that because of the moratorium the inspection has not been completed so Staff doesn’t have that information. Councilmember Murzyn Jr. clarified that the inspection has not been completed to know that it can be a rental. Director Chirpich said that any new applicants would have an inspection completed by the Building Official to determine if there are any health and safety code issues but that didn’t take place because of the moratorium. He said that if it didn’t pass, it would be similar to other rentals prior to the moratorium, and the applicant would not receive a license until its compliant. Mayor Márquez Simula asked when the rental license would expire, specifically if it would be the length of the moratorium. Director Chirpich stated that the applicant would need to secure the rental license within three months, and then the rental license would be in effect for one-year from the approval so there would be a little bit of a buffer if there is a change to the city code. Councilmember Jacobs asked about if the applicant gave any timeline of when he interviewed and when he needed to relocate for the job. Director Chirpich said that Staff has only spoke to a representative of the applicant, which is the property management company, who the owner hired to help take care of the property and work through t he licensing process. Councilmember Jacobs stated that the owner’s letter leaves a lot up for interpretation because the owner states that he would have to sell the home for less than market value, which could mean that the house needs work, so there are still several questions without the applicant or the management company in attendance. Councilmember Novitsky asked if this consideration could be delayed as the letter provides more questions than answers and neither the owner or the property manager are in attendance to answer questions. He stated he is not for approval at this time. 10 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 8 Councilmember Jacobs stated she would be interested in delaying it or she will vote against it. Councilmember Buesgens said she wasn’t against it because this was just to get the application started and the house will be inspected to make sure it is compliant and it’s temporary. She also said it is unlikely to be a rental in the future. Mayor Márquez Simula stated that there doesn’t seem to be a risk to the City approving this and Staff has pointed out that they have three months they need to be ready to have it licensed, it provides the owner with the option to rent it as he is moving forward, and the owner knows that he will unlikely be able to rent it in the future. Councilmember Novitsky stated the moratorium was put in place for this reason, for absentee landlords and property management that cannot show up. Councilmember Murzyn Jr. said that if they wanted this, someone should have showed up to answer the questions. He stated if it’s postponed that it should be explained to the applicant and property management company that someone needs to appear to answer the Council’s questions and that he would like to postpone the decision. Mayor Márquez Simula stated she would still like to have the vote tonight so a decision can be made if the applicant can move forward. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to waive the reading of Resolution No. 2022-82, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to approve Resolution No. 2022-82, a resolution approving the single-family rental exemption request for the rental application at 5149 University Ave NE, Columbia Heights, MN 55421. A roll call vote was taken. 2 Ayes, 3 Nays. Motion Failed 2-3 (Jacobs, Murzyn Jr. and Novitsky opposed). CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Murzyn Jr. thanked those who attended the VFW’s flag retirement ceremony, and stated the flags were disposed of properly. Councilmember Jacobs stated that she attended the flag retirement ceremony; attended the candidate forums; attended the World Fest in Blaine and the Ukrainian Festival; attended the oath ceremony for the new officers; and before the meetings that evening, attended the promotions ceremony for the police department’s staff. She said she facilitated three res ident reach outs. 11 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 9 Councilmember Buesgens said that her and some residents rescued four feral kittens; they were unable to catch the mother to be able to spray her and return her to the neighborhood, but the kittens are being fostered until they can be adopted. She attended the Mississippi Watershed Management Organization Meeting and stated that they will be raising their levy due to an increase in costs. Buesgens stated that she continues to volunteer at the Blooming Sunshine Gardens, where they still have some tomatoes, peppers, and eggplant; there is a 5-foot diameter thyme plant. She attended the MN Climate Adaptation meeting that focused on climate change is affecting people’s mental health and possible solutions; attended the Metro Council Housing and Economic Committee meeting; attended the swearing in of Officers Basurto and Fletcher. She stated that her and her husband had a date night through the Parks and Recreation program for the family paddling on Silver Lake. Buesgens said she was briefly able to attend the police department’s promotion ceremony earlier that evening. Councilmember Novitsky stated that the schools are doing great, and the teams are doing well; he said he also attended the police ceremony that evening. Mayor Márquez Simula stated that she traveled to Lomianki, Poland, Sister City, and attended their WWII remembrance events and she hopes to do a presentation at the library soon. She said that she unfortunately had to miss the mayoral candidate forum but was able to send in her statement. Report of the City Manager Manager Bourgeois stated that the Boards and Commissions Ice Cream Social will be held September 29, 2022, at 5:00 pm at the Public Safety Building. She said that the “Movie in the Park” will be on September 30, 2022, “Encanto” with Spanish subtitles, at McKenna Park at 7:15 pm. Manager Bourgeois said that the assessment hearings will be held on October 4, 2022, beginning at 5:30 pm. She stated that yard waste pickup started, and Forester Liam Genter is still looking for adopt-a-tree volunteers to contact him at Public Works. COMMUNITY FORUM Mayor Márquez Simula opened the community forum. Rachel James, City Resident, thanked the Council for directing an investigation into the allegat ions of Councilmember Jacobs. She stated that there was no mention of the special council meeting that will be held on September 28, 2022, at 2:00 pm to discuss and receive the report; she is thankful the City decided to make the report public for transparency. She further stated that finding number one from the report from the independent investigator said, “Based upon a ponderous of evidence into allegations against Kt Jacobs regarding the July 24, 2022, phone call to Justice Spriggs are sustained” and the second finding, “Based upon the same ponderous of evidence, Kt Jacobs has been untruthful regarding the July 24, 2022, phone call.” She said that based on those findings she would like to request that the Council does a public censure and a removal from commissions and boards representing citizens. James stated that she was uncomfortable having a councilmember who has been found through an independent investigation to be untruthful. She further thanked the City for making the public meeting available via Zoom. ADJOURNMENT 12 Item 1. City of Columbia Heights MINUTES September 26, 2022 City Council Meeting Page 10 Motion by Murzyn Jr., seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:05 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 13 Item 1. SPECIAL CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers John Murzyn, Jr. Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois Public Safety Bldg, Training Room, 825 41st Ave NE Wednesday, September 28, 2022 2:00 PM MINUTES The following are the minutes for the Special Meeting of the City Council held at 2:00 pm on Wednesday, September 28, 2022, in the Public Safety Building Training Room, 825 41st Avenue NE, Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 2:00 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember Murzyn, Jr.; Councilmember Novitsky Also Present: Kelli Bourgeois, City Manager; Sara Ion, City Clerk; Erik Johnston, Police Captain; Isaac Kaufman, Manager and Lead Investigator, Red Cedar Consulting, LLC; Scott Lepak, Assistant City Attorney; Will Rottler, Community Engagement Specialist. ITEMS FOR CONSIDERATION 1. City Council Receipt and Consideration of the Investigative Report Regarding City Councilmember Kt Jacobs. City Manager Bourgeois introduced the item for the Council as well as Assistant City Attorney Lepak and Lead Investigator Kaufman. She wanted to give Council the opportunity to ask any questions related to the memo and investigative report that were prepared. Mayor Márquez Simula asked the Council if they had any questions. Councilmember Buesgens inquired about item E of the memo. She has been asked questions from members of the community and wanted to clarify what removal from office and being charged with a misdemeanor related to this incident would look like. Assistant City Attorney Lepak stated that there is a very high bar to remove elected City Officials. There is a process where if conduct is rising to that level, it would be investigated and prosecuted, in his experience it is a very high bar, and he has not seen something like that in thirty years. Criminal intent would need to be proven. Councilmember Murzyn asked that the highlights of the investigation be reviewed for those in the audience that may need further information. Investigator Kaufman gave a high-level review of the investigation that was conducted. He determined based on the preponderance of evidence that more likely than not that 14 Item 2. City of Columbia Heights MINUTES September 28, 2022 Special City Council Meeting Page 2 Councilmember Jacobs did make the phone call on July 24th and that she had not been truthful prior to and during the investigation in answering questions regarding the phone call. City Manager Bourgeois clarified that the full report can be found in the packet that is posted on the website. Mayor Márquez Simula stated that this was not a public hearing and that they would be moving forward with hearing options related to the action that the Council would be able to take related to this issue. Assistant City Attorney Lepak stated that as per his memo there are two extremes for moving forward: doing nothing, and censure with the addition of removal of appointments from Boards and Commissions, with the exception of the HRA and EDA. The action that is being taken is a governing body that is policing its own member. Mayor Márquez Simula would like to formally recommend censuring and removing Councilmember Jacobs from Boards and Commissions appointments. She would also like to request that Councilmember Jacobs step down from office. She has lost trust in Councilmember Jacobs making decisions for our community. Councilmember Novitsky thanked Investigator Kaufman for the detailed report and investigation. He encouraged those in the audience to read the report, as it leaves no doubt that Councilmember Jacobs was untruthful. It makes a tough decision easier knowing that it was thoroughly investigated, and he agrees with the Mayor that Councilmember Jacobs should be censured and removed from Board and Commissions. She was untruthful to not only the council at multiple meetings, with fake tears but also the residents deserve more. We have worked hard as a Council to build integrity, transparency, respect, and trust. This is in jeopardy right now depending on how we move forward. Councilmember Novitsky inquired about Councilmember Jacobs voluntarily stepping down from the EDA and HRA. Assistant City Attorney Lepak stated that the position on the EDA and HRA are based on being an elected official. His opinion is that she could not voluntarily resign. Councilmember Novitsky stated that he is very disappointed in the conduct, and the theatrics and what he believes is a made-up story from Councilmember Jacobs. He does not know how he could trust further statements knowing that the show has been this great and the evidence proves it was a lie. He is very disappointed and will be voting for censure. Councilmember Murzyn agrees that censure is called for because of the way the investigation turned out. He would like for the Investigator and City Attorney to be at the 15 Item 2. City of Columbia Heights MINUTES September 28, 2022 Special City Council Meeting Page 3 next City Council meeting so that there is continued transparency for all members of the community. Councilmember Buesgens supports a censure and removal from Commissions and Boards. She is disappointed that she can not be removed from HRA and EDA. She stated that the comments in this report made by Councilmember Jacobs are appalling, she is angry about the behavior and the fact that she lied about it. She will be making a motion for Councilmember Jacobs resignation. She feels that the Council has the right to have on record that based on her outrageous racist behavior and lying to the residents and council that she resigns. She feels that this behavior is abhorrent, and it infuriates her. Mayor Márquez Simula added that the amount of lying by Councilmember Jacobs to the City Attorney, staff, and Council has been hard on everyone. The Council may disagree at times, but there has always been trust. After this investigation has been made public, she has had other people in the community come forward with similar stories . She feels that Councilmember Jacobs has a heavy community track record of this behavior. She has been personally subjected to many rude conversations and comments, and this is also brought up in the report. She feels that this investigation has summed up things we have heard from the community, and that others including herself have experienced. Assistant City Attorney Lepak stated that the direction to staff is that he will prepare a resolution related to the censure and removal from Board and Commissions for the City Council meeting on October 10, 2022. Councilmember Novitsky inquired about the motion that Councilmember Buesgens proposed related to voluntary resignation. Mayor Márquez Simula clarified if that motion could be added to the agenda. Assistant City Attorney Lepak stated that councilmembers will need to make a verbal motion following consideration of the resolution for censure . It would not need to be a part of the packet. Mayor Márquez Simula asked where any additional follow up questions should be directed. City Manager Bourgeois stated that further questions can be directed to her and she will forward them to Assistant City Attorney Lepak or Investigator Kaufman. ADJOURNMENT Meeting adjourned at 2:22 pm. 16 Item 2. City of Columbia Heights MINUTES September 28, 2022 Special City Council Meeting Page 4 Respectfully Submitted, _____________________________________ Sara Ion, City Clerk/Council Secretary 17 Item 2. YOUTH COMMISSION City Hall—Council Chambers, 590 40th Ave NE Wednesday, May 11, 2022 6:00 PM MINUTES CALL TO ORDER Meeting Called to Order at 6:00 pm by Communications Coordinator Ben Sandell. ROLL CALL/STATUS OF MEMBERSHIP Members Present: Commissioners Garcia Genis (via Zoom), Hernandez-Monroy, Johnson, Kucera, Mamo, Marquez, Solem, Tabor. Members Absent: Commissioner Novitsky, Rogne. Council Liaison: Mayor Márquez Simula, absent Also Present: Sara Ion, City Clerk; Ben Sandell, Communications Coordinator, Anoka County Attorney Tony C. Palumbo. APPROVAL OF AGENDA The May 11th agenda was approved unanimously. APPROVAL OF MINUTES The April 13th meeting minutes were approved unanimously. PRESENTATIONS Anoka County Attorney Tony C. Palumbo gave a presentation to the commission about his role and his career with the County. City Clerk Update City Clerk Ion gave a brief review of Roberts Rules of Order. Overall Youth Commission will try to follow the agenda, to be responsible to one another and keep order during the meetings, making motions and following parliamentary procedure as much as possible. OLD BUSINESS Approval of Bylaws. Communications Coordinator Sandell stated that there have been some proposed changes to the Bylaws since the previous meetings. He reviewed the changes that have been made and included in the packet and asked the commission if overall there are any concerns before moving forward with approval of the Bylaws. Coordinator Sandell clarified that these Bylaws will govern the body for the next year, and that they will be revisited again in May 2023. 18 Item 3. City of Columbia Heights MINUTES May 11, 2022 Youth Commission Page 2 Commissioner Solem made a motion to approve the Bylaws as written, seconded by Tabor . The motion passed unanimously. Discussion re Appointing Board/Commission and Council Liaisons. Coordinator Sandell asked that the Youth Commission members to attend at least one meeting of a Board and Commission this summer. Commissioner Solem wanted more information about Skate Parks and how to get it on the agenda for the Parks and Recreation Commission. She stated that she was planning on attending a meeting over the summer to learn more. Special Projects and Activities. City Clerk Ion asked about ideas for special projects and activities for the Youth Commission, including monthly projects at regular commission meetings, and summer project and volunteer plans. She asked if everyone could brainstorm over the summer and email if there were any projects or speakers that the commission would like. Commissioner Sandell mentioned the Arts and Info Fair, Movies and Music in the Park, and the Monarch Festival as opportunities as well. NEW BUSINESS Review and Provide Input on Existing Application Packet for Youth Commission. Coordinator Sandell asked for the Commissioners to get the word out in their schools to get additional applicants for the commission. There are ten more openings on the commission. Summary Report to City Council. Commissioner Johnson volunteered to help give a recap to the City Council at the next meeting. ADJOURNMENT Communications Coordinator Sandell adjourned the meeting at 7:42 pm Respectfully Submitted, ______________________________________ Sara Ion, City Clerk 19 Item 3. ECONOMIC DEVELOPMENT AUTHORITY Public Safety Building—Training Room, 825 41st Ave NE Tuesday, September 06, 2022 5:00 PM MINUTES The meeting was called to order at 5:00 pm by Chair Szurek. CALL TO ORDER/ROLL CALL Members present: Gerry Herringer; Kt Jacobs; Amáda Márquez Simula; John Murzyn, Jr; Nick Novitsky; Marlaine Szurek Members absent: Connie Buesgens Staff present: Kelli Bourgeois, City Manager; Aaron Chirpich, Community Development Director; Sara Ion, City Clerk; Mitchell Forney, Community Development Coordinator; Alicia Howe, Administrative Assistant PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approve the minutes of the regular EDA Meeting of July 5, 2022 2. Approve financial reports and payment of bills of June 2022 and July 2022 – Resolution No. 2022-15 Motion by Márquez Simula, seconded by Murzyn Jr., to approve the Consent Agenda as presented. Herringer questioned the bills and asked about check number 59, the resolution relating to the State of Minnesota MMB for $11,320. Chirpich stated that MMB stood for Minnesota Management and Budget, and the City acted as a “pass through” for the Reuter Walton Development state bond funding application. Herringer then asked about check number 71 for $98,861, which was also for Reuter Walton Development. Chirpich stated it was for the same bond funding; there were two separate applications. Szurek asked if the bonding was being handled by the City. Chirpich stated the City was not, they are the applicant, but the City is just a “pass through” and the bond funding is provided by the State. All ayes of present. MOTION PASSED. 20 Item 4. City of Columbia Heights MINUTES September 06, 2022 Economic Development Authority Page 2 RESOLUTION NO. 2022-15 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE FINANCIAL STATEMENTS FOR THE MONTHS OF JUNE 2022 AND JULY 2022 AND THE PAYMENT OF THE BILLS FOR THE MONTHS OF JUNE 2022 AND JULY 2022. WHEREAS, the Columbia Heights Economic Development Authority (the “EDA”) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the mo ney on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statements for the months of June 2022, and July 2022 have been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to bo th form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City’s Finance Department in a method outlined by the State of Minnesota’s Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the chec k history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 6th day of September, 2022 Offered by: Márquez Simula Seconded by: Murzyn Jr. Roll Call: All ayes of present. 21 Item 4. City of Columbia Heights MINUTES September 06, 2022 Economic Development Authority Page 3 President Attest: Assistant Secretary BUSINESS ITEMS 3. Façade Improvement Grant Report Matt’s Auto, 4501 Central Ave Forney reported that the City received a 2022 Façade improvement Grant application for Matt’s Automotive Service Center LLC., located at 4501 Central Avenue NE. Matt’s Automotive recently purchased the property and is looking to complete a renovation of the building. The estimated total project cost is approximately $155,000 and will include both interior and exterior renovations. The exterior renovations include new exterior doors, garage doors, windows, siding, and signage. The lowest siding bid came in at $29,900 and easily meets the requirements for the maximum grant amount of $5,000. Both the western and southern sides of the building can be seen from Central Avenue. Staff recommends funding the project in full. The business owner is investing in both the façade and interior of the building and the update to the building will rehabilitate the building. Forney noted in the packet regarding cameras on the site, that Staff will work with the police department to bring together bids for the EDA’s consideration. Staff will also include other applicants that have received grants in the past. Motion by Márquez Simula, seconded by Murzyn Jr., to waive the reading of Resolution 2022-16, there being ample copies available to the public. All ayes of present. MOTION PASSED. Motion by Márquez Simula, seconded by Murzyn Jr., to adopt Resolution 2022-16, a resolution approving the form and substance of the façade improvement grant agreement, and approving authority staff and officials to take all actions necessary to enter the authority into a façade improvement grant agreement with Matt’s Automotive Service Center LLC. All ayes of present. MOTION PASSED. RESOLUTION NO. 2022-16 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE FORM AND SUBSTANCE OF THE FAÇADE IMPROVEMENT GRANT AGREEMENT, AND APPROVING AUTHORITY STAFF AND OFFICIALS TO TAKE ALL ACTIONS NECESSARY TO ENTER THE AUTHORITY INTO FAÇADE IMPROVEMENT GRANT AGREEMENT W ITH MATT’S AUTOMOTIVE SERVICE CENTER LLC. BE IT RESOLVED, by the Columbia Heights Economic Development Authority (the “EDA”) as follows: 22 Item 4. City of Columbia Heights MINUTES September 06, 2022 Economic Development Authority Page 4 WHEREAS, pursuant to guidelines established for the Program, the Authority is to award and administer a series of grants to eligible commercial property owners and/or tenants for the purposes of revitalizing existing store fronts, increasing business vitality and economic performance, and decreasing criminal activity along Central Avenue Northeast, in the City’s Central Business district, pursuant to a Façade Improvement Grant Agreement with various property owners and/or tenants; and WHEREAS, pursuant to the Program, the City is to coordinate a surveillance camera monitoring program by placing surveillance cameras on some of the storefronts that are part of the Program for the purposes of improving public safety in and around the Central Business District; and WHEREAS, the Authority has thoroughly reviewed copies of the proposed form of the Grant Agreement. NOW, THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the Authority 1. approves the form and substance of the grant agreement, and approves the Authority entering into the agreement with Matt’s Automotive Service Center LLC. 2. that the City Manager, as the Executive Director of the Authority, is hereby authorized, empowered and directed for and on behalf of the Authority to enter into the grant agreement. 3. that the City Manager, as the Executive Director of the Authority, is hereby authorized and directed to execute and take such action as he/she deems necessary and appropriate to carry out the purpose of the foregoing resolution. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 6th day of September, 2022 Offered by: Márquez Simula Seconded by: Murzyn Jr. Roll Call: All ayes of present. President Attest: Assistant Secretary 4. Approval of Demolition Contract for 3841 Central Ave NE Forney report that at the July 5, 2022, EDA meeting the EDA directed Staff to proceed with the demolition of 3841 Central Avenue NE. Staff prepared bid sheets and submitted bid requests to a multitude of contractors and received 3 bids in return: Nitti Rollof Services Inc. for $22,450, All State Companies Inc. for $27,250, and Lloyd’s Construction Services Inc for $38,940. 23 Item 4. City of Columbia Heights MINUTES September 06, 2022 Economic Development Authority Page 5 Electricity and gas have already been removed from the property. To make the project easier to bid, the City has taken on the removal of water and sewer. Staff will be utiliz ing the excavation contractor currently working on the Central Avenue water and sewer project to remove the water line. This path was chosen because the contractor already has traffic control measures in place and has the capacity to remove the line at the main without any further disruptions. The water contractor will be able to remove the line for $17,288.10. Public Works will remove the sewer line from the structure. As part of the demolition bid the contractor will remove all hazardous materials, demolish all site improvements, and regrade the site. Staff recommends awarding the project to Nitti Rollof Services Inc. for $22,450. Motion by Jacobs, seconded by Novitsky, to accept the proposal from Nitti Rolloff Services Inc, in the amount of $22,450 for the removal of hazardous materials, demolition of all site improvements, and the regrading of the lot located at 3841 Central Ave NE; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes of present. MOTION PASSED. OTHER BUSINESS Chirpich stated that a Special EDA Meeting will be held on September 26, 2022, at 5:00 pm at City Hall in the Council Chambers for considering for approval of the 2023 levies and budget before the Council meeting. ADJOURNMENT Motion by Jacobs, seconded by Novitsky, to adjourn the meeting at 5:16 pm. All ayes. MOTION PASSED. Respectfully submitted, _______________________________ Alicia Howe, Administrative Assistant 24 Item 4. COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 LIBRARY BOARD: MEETING MINUTES Wednesday, September 7th, 2022 Approved 10/5/2022 ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wished to attend could do so in-person, by calling 1-312-626-6799 and entering meeting ID 862 5221 5747 and passcode 039390, or by Zoom at https://us02web.zoom.us/j/86252215747 at the scheduled meeting time. For questions, please call the library at 763-706-3690. The meeting was called to order in the Library Community Room by Vice-Chair Gerri Moeller at 5:31pm. Members physically present: Gerri Moeller; Carrie Mesrobian; Rachelle Waldon; Chris Polley; Nick Novitsky (Council Liaison). Members remotely present: N/A. Members absent: Teresa Eisenbise. Also present: Renee Dougherty (Library Director); Nick Olberding (Recording Secretary). Public physically/remotely present: N/A. 1. Review/Approve Minutes from August 3, 2022, Library Board Meeting: Moved and approved. 2. Review Operating Budget: 8 months (~66%) into the year and 64% of the budget spent. a. Minor Equipment (42010): Each department was encouraged to get matching shade canopies with Columbia Heights branding for outreach events like the Community Art & Info Fair; the shade canopy, plus weighted stabilizer bags, costed $700. b. End User Devices (42011): New Laptop+Docking Station and Departmental Microsoft Licenses ($4,348); also encumbering this line will be replacement Public PC Workstations (see New Business, Item #4). c. Have you noticed price increases due to inflation? Some small increases, but more noticeable are the delivery delays and more items on backorder. COMMUNITY FORUM: Opportunity for public input. No comments or concerns submitted this month, and no members of the public in attendance. OLD BUSINESS: 3. Automatic Renewal of Eligible Library Checkouts: Anoka County Library is moving forward with implementing auto-renewals in November; with Columbia Heights being an affiliate Library that uses the Anoka County Integrated Library System, it makes sense to follow suit. This initiative will not cost the Columbia Heights Library anything and will be beneficial to our patrons while also avoiding the confusion that would occur from having differing renewal policies. a. MOTION: To approve automatic renewal of library materials effective November 1, 2022. Motion moved and unanimously approved. NEW BUSINESS: 4. Approve Purchase of New Public Access Computers and Related Software: $30,000 was budgeted to replace the public workstations this year. IT has come up with a strategy that will cost a few thousand extra this year but save ~$30,000 next year by not having to replace a server. The plan is to move away from thin-clients controlled by a server and move towards individual micro-PC workstations which are cheaper upfront and require less time and maintenance overall. This has already been approved by the City Council. b. MOTION: Approve the purchase of Dell computers and monitors from Everyday Technology in the amount of $29,543.76, Windows Enterprise and Microsoft Office from TechSoup in the amount of $4,292.16 and DeepFreeze from Faronics in the amount of $1,580.16. Motion moved and unanimously approved. 5. MELSA Library Technology and Digital Services Survey Results: This survey by MELSA (via Wilder Research) was sent to a diverse sampling of 20,000 residents, with a response rate of 16% (3,230). Items of note include 12% of respondents not having internet access (or unreliable access); most respondents were satisfied with services 25 Item 5. provided by their library, but some would like more access to charging ports, scanners, wi-fi hotspots, and fax service); some appreciate the availability of quiet spaces to work and would like support in learning new technology skills. The Board will use survey results in their future strategic planning; ideas mentioned include: a. Workstations that cater to parents with children (more PCs near children’s area, or built-in playpen). b. Workstations with specialization (Adobe Creative Suite, Remote Meeting equipment, etc). c. Tutorials available, or “Book a Tech Tutor/Librarian” type program. 6. Board & Commission Ice Cream Social: Several members will try to attend this event, but Renee, Carrie, and Gerri will all be out-of-town and unable. 7. Conversation about Strategic Planning & Goal Setting: General consensus was that the Library needs to increase its marketing of the services and materials it already has to those would-be patrons that are unaware. Additionally, we need to build stronger relationships with the school district and local community groups and perform more outreach at events that these groups host. Renee and the Library Staff will put together some presentation materials and scripts for use at such events (including hand-outs). Nick Novitsky mentioned that he would be happy to connect us with representatives from the various organizations he’s involved with. More discussion to occur at future meetings. DIRECTOR’S UPDATE: Operational reports, general updates, event reminders, and items from the floor. 8. July Board Report: For Your Information. a. Visitors and Computer Usage: These totals are increasing, but not quite back to pre-pandemic levels yet. b. Résumé Workshops: We have two of these scheduled with Minnesota CareerForce (one evening, and one daytime) and we hope to have a good attendance. The workshops will help determine if state libraries can serve job seekers beyond the 50 statewide CareerForce locations. Library staff helps many people using computers to create resumes and apply for work. c. Next Agenda: More strategic planning and revisiting the Community Room rental fee. There being no further business, the meeting was adjourned at 6:24 pm. Respectfully submitted, Nicholas P. Olberding Recording Secretary, CHPL Board of Trustees 26 Item 5. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE OCTOBER 10, 2022 ITEM: License Agenda. DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Alicia Howe (October 5, 2022) CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) XSafe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Attached is the business license agenda for the October 10, 2022, City Council meeting. This agenda consists of applications for 2022 Contractor Licenses, 2022 Peddler/Solicitor and Transient Merchant Licenses (Month), and 2022 Temporary Liquor Licenses. At the top of the license agenda there is a phrase stating "*Signed Waiver Form accompanied application", noting that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION(S): MOTION: Move to approve the items as listed on the business license agenda for October 10, 2022 as presented. ATTACHMENT(S): Contractor Licenses – 2022 Peddler/Solicitor and Transient Merchant Licenses (Month) – 2022 Temporary Liquor Licenses - 2022 27 Item 6. TO CITY COUNCIL OCTOBER 10, 2022 *Signed Waiver Form accompanied application Contractor Licenses – 2022 Renewal: *TOTAL COMFORT 8818 7TH AVE N, GOLDEN VALLEY, MN $80.00 *SUPER SIDERS 10533 KARSTON AVE NE, ALBERTVILLE, MN $80.00 Peddler/Solicitor and Transient Merchant Licenses (Month) – 2022 New: *LUMEN TECHNOLOGIES 8818 7TH AVE N, GOLDEN VALLEY, MN $100.00 *LUMEN TECHNOLOGIES 8818 7TH AVE N, GOLDEN VALLEY, MN $100.00 *LUMEN TECHNOLOGIES 8818 7TH AVE N, GOLDEN VALLEY, MN $100.00 *LUMEN TECHNOLOGIES 8818 7TH AVE N, GOLDEN VALLEY, MN $100.00 Temporary Liquor Licenses – 2022 *THE CHURCH OF THE IMMACULATE CONCEPTION 4030 JACKSON ST, COLUMBIA HEIGHTS, MN $100.00 28 Item 6. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE OCTOBER 10, 2022 ITEM: Rental Occupancy Licenses for Approval DEPARTMENT: Fire BY/DATE: Fire Chief Charles Thompson, 10/10/22 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength X Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Consideration of approval of attached list of rental housing license applications RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for October 10, 2022, in that they have met the requirements of the Property Maintenance Code. ATTACHMENT: Rental Occupancy Licenses for Approval – 10-10-22 29 Item 7. 30 Item 7. 31 Item 7. 32 Item 7. 33 Item 7. 34 Item 7. CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October 10, 2022. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute s the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $1,822,325.19. 35 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 1/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 17.70 609.0000.14500091422 INV,6PK RINGSBELLBOY BAR SUPPLY0105744600100(A)MAIN09/29/2022 285.00 609.9792.42171091422 INV,6PK RINGS0105744600100(A) 302.70 998.50 609.0000.14500091422 INV/DELBELLBOY CORPORATION0096517800101(A)MAIN09/29/2022 1,872.85 609.0000.14500091422 INV/DEL0096517000101(A) 2,320.75 609.0000.14500090722 INV/DEL0096421100101(A) 20.00 609.9792.42199091422 INV/DEL0096517000101(A) 36.00 609.9792.42199090722 INV/DEL0096421100101(A) 10.00 609.9793.42199091422 INV/DEL0096517800101(A) 5,258.10 224.00 609.0000.14500091422 INVBLUE CLOUD DISTRIBUTION OF MN, INC.100940725102(A)MAIN09/29/2022 112.00 609.0000.14500091222 INV100740712102(A) 336.00 94.00 609.0000.14500090622 INV 700297717BREAKTHRU BEVERAGE MN BEER LLC345560898103(A)MAIN09/29/2022 94.00 609.0000.14500090922 INV 700297782345618922103(A) 172.00 609.0000.14500090922 INV 700297717345618712103(A) 474.00 609.0000.14500090222 INV 700297717345540828103(A) 116.10 609.0000.14500090622 INV 700297717345560900103(A) 3,967.95 609.0000.14500090922 INV 700297782345618923103(A) 167.60 609.0000.14500090622 INV 700297736345560902103(A) 19,657.70 609.0000.14500062822 INV 700297736344685494103(A) 12,143.50 609.0000.14500081622 INV 700297736345286497103(A) 1,967.40 609.0000.14500040622 INV 700297782343612176103(A) 5,991.55 609.0000.14500041122 INV 700297717343676897103(A) 8,413.45 609.0000.14500041922 INV 700297736343766214103(A) 8,457.45 609.0000.14500050422 INV 700297782343976708103(A) (300.00)609.0000.14500022322 INV 700297717409463864103(A) (2,600.50)609.0000.14500071222 INV 700297736409910639103(A) (261.50)609.0000.14500071222 INV 700297736409910643103(A) (15.30)609.0000.14500092122 INV 700297736410140699103(A) (806.65)609.0000.14500082322 INV 700297736410049464103(A) (37.50)609.0000.14500092122 INV 700297782410140201103(A) (26.20)609.0000.14500041222 INV 700297717409618657103(A) (46.10)609.0000.14500042722 INV 700297717409662738103(A) (27.30)609.0000.14500092122 INV 700297717410140200103(A) (71.20)609.0000.14500042122 INV 700297736409649078103(A) (30.00)609.0000.14500092122 INV 700297736410140199103(A) (39.20)609.0000.14500050622 INV 700297782409702061103(A) 57,455.25 36 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 2/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 795.55 609.0000.14500090222 INV/DEL 700297717BREAKTHRU BEVERAGE MN W&S LLC345538502104(A)MAIN09/29/2022 444.30 609.0000.14500091622 INV/DEL 700297736345707438104(A) 4,982.25 609.0000.14500090922 INV/DEL 700297736345616902104(A) 0.05 609.0000.14500091622 INV/DEL 700297736345707441104(A) 6,065.64 609.0000.14500091622 INV/DEL 700297736345707440104(A) 1,516.41 609.0000.14500091322 INV/DEL 700297736345661148104(A) 1,117.20 609.0000.14500091622 INV/DEL 700297736345707439104(A) 271.39 609.0000.14500091622 INV/DEL 700297736345707442104(A) 413.45 609.0000.14500091622 INV/DEL 700297736345707443104(A) 1,838.08 609.0000.14500090222 INV/DEL 700297736345538514104(A) (1,010.60)609.0000.14500DUPLICATE ENTRY ERR REVERSAL345616900 REV104(A) (68.19)609.0000.14500091922 INV/DEL 700297717410133120104(A) (22.73)609.0000.14500091922 INV/DEL 700297736410133121104(A) 40.25 609.9791.42199090222 INV/DEL 700297717345538502104(A) (10.35)609.9791.42199DUPLICATE ENTRY ERR REVERSAL345616900 REV104(A) (3.45)609.9791.42199091922 INV/DEL 700297717410133120104(A) 6.90 609.9792.42199091622 INV/DEL 700297736345707438104(A) 34.50 609.9792.42199090922 INV/DEL 700297736345616902104(A) 28.75 609.9792.42199091622 INV/DEL 700297736345707441104(A) 32.20 609.9792.42199091622 INV/DEL 700297736345707440104(A) 8.05 609.9792.42199091322 INV/DEL 700297736345661148104(A) 18.40 609.9792.42199091622 INV/DEL 700297736345707439104(A) 4.60 609.9792.42199091622 INV/DEL 700297736345707442104(A) 5.75 609.9792.42199091622 INV/DEL 700297736345707443104(A) 39.10 609.9792.42199090222 INV/DEL 700297736345538514104(A) (1.15)609.9792.42199091922 INV/DEL 700297736410133121104(A) 16,546.35 745.45 609.0000.14500090622 INVCAPITOL BEVERAGE SALES LP2734062105(A)MAIN09/29/2022 4,031.75 609.0000.14500090722 INV2735376105(A) 3,930.67 609.0000.14500091522 INV2739221105(A) 9,091.00 609.0000.14500090822 INV2736190105(A) 3,189.85 609.0000.14500091222 INV2736776105(A) 9,158.90 609.0000.14500091422 INV2738686105(A) (51.20)609.0000.14500090822 INV2736189105(A) (9.73)609.0000.14500091222 INV2736775105(A) 30,086.69 808.00 609.0000.14500091522 INVJOHNSON BROTHERS LIQUOR CO.2138104106(A)MAIN09/29/2022 1,482.49 609.0000.14500091522 INV2138107106(A) 173.30 609.0000.14500091522 INV2138101106(A) 218.76 609.0000.14500082222 INV2119875106(A) 121.00 609.0000.14500091622 INV2139173106(A) 37 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 3/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 400.00 609.0000.14500091622 INV2139175106(A) 228.00 609.0000.14500091622 INV2137174106(A) 671.50 609.0000.14500091422 INV2136854106(A) 336.00 609.0000.14500091522 INV2138111106(A) 783.00 609.0000.14500091422 INV2136853106(A) 159.20 609.0000.14500091422 INV2136851106(A) 126.00 609.0000.14500091422 INV2136852106(A) 395.00 609.0000.14500091422 INV2136849106(A) 395.00 609.0000.14500091422 INV2136848106(A) 4,340.00 609.0000.14500090722 INV2131447106(A) 306.00 609.0000.14500090722 INV2131449106(A) 318.00 609.0000.14500090722 INV2131445106(A) 1,161.00 609.0000.14500090722 INV2131446106(A) 297.00 609.0000.14500090722 INV2131448106(A) 383.00 609.0000.14500090722 INV2131444106(A) 727.80 609.0000.14500090122 INV2128611106(A) 105.00 609.0000.14500091622 INV2139169106(A) 474.00 609.0000.14500091522 INV2138108106(A) 400.00 609.0000.14500091522 INV2138105106(A) 232.00 609.0000.14500091522 INV2138103106(A) 208.00 609.0000.14500091522 INV2138106106(A) 1,237.50 609.0000.14500091622 INV2139177106(A) 360.00 609.0000.14500091622 INV2139176106(A) 630.00 609.0000.14500091622 INV2139172106(A) 88.00 609.0000.14500092122 INV2141649106(A) 1,065.46 609.0000.14500092122 INV2141643106(A) 1,769.80 609.0000.14500092122 INV2141642106(A) 110.75 609.0000.14500092122 INV2141647106(A) 199.00 609.0000.14500092122 INV2141645106(A) 108.00 609.0000.14500092122 INV2141638106(A) 62.50 609.0000.14500092122 INV2141636106(A) 132.00 609.0000.14500092122 INV2141637106(A) 959.50 609.0000.14500092222 INV2142824106(A) 522.00 609.0000.14500092322 INV2143932106(A) 1,261.20 609.0000.14500091622 INV2139168106(A) 360.00 609.0000.14500091622 INV2139170106(A) 352.00 609.0000.14500091622 INV2139171106(A) (10.20)609.0000.14500070122 INV208703106(A) (108.00)609.0000.14500070822 INV209836106(A) (3.33)609.0000.14500090922 INV220827106(A) (2.67)609.0000.14500090922 INV220826106(A) (4.67)609.0000.14500090922 INV220824106(A)38 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 4/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date (4.67)609.0000.14500090922 INV220829106(A) (23.90)609.0000.14500091222 INV220956106(A) (1.35)609.0000.14500082622 INV218745106(A) (18.90)609.0000.14500090822 INV220461106(A) (176.00)609.0000.14500091222 INV220958106(A) (126.00)609.0000.14500091222 INV220959106(A) (31.36)609.0000.14500082622 INV218746106(A) (2.70)609.0000.14500082622 INV218743106(A) 6.77 609.9791.42199091522 INV2138104106(A) 9.43 609.9791.42199091522 INV2138107106(A) 2.70 609.9791.42199091522 INV2138101106(A) 27.00 609.9791.42199082222 INV2119875106(A) 6.75 609.9791.42199091422 INV2136848106(A) 17.55 609.9791.42199090122 INV2128611106(A) 2.70 609.9791.42199091622 INV2139169106(A) 13.50 609.9791.42199091522 INV2138108106(A) 10.81 609.9791.42199091522 INV2138105106(A) 6.75 609.9791.42199091522 INV2138103106(A) 6.76 609.9791.42199091522 INV2138106106(A) 2.70 609.9791.42199092122 INV2141649106(A) 9.45 609.9791.42199092122 INV2141643106(A) 14.85 609.9791.42199092122 INV2141642106(A) 1.35 609.9791.42199092122 INV2141647106(A) 2.70 609.9791.42199092122 INV2141645106(A) 1.35 609.9791.42199092122 INV2141638106(A) 0.37 609.9791.42199092122 INV2141636106(A) 1.35 609.9791.42199092122 INV2141637106(A) 13.50 609.9791.42199092222 INV2142824106(A) 6.75 609.9791.42199092322 INV2143932106(A) 9.46 609.9791.42199091622 INV2139168106(A) 2.70 609.9791.42199091622 INV2139170106(A) 5.40 609.9791.42199091622 INV2139171106(A) (1.35)609.9791.42199070822 INV209836106(A) (24.30)609.9791.42199082622 DEL218742106(A) (0.50)609.9791.42199091222 INV220958106(A) (0.50)609.9791.42199091222 INV220959106(A) 10.80 609.9792.42199091422 INV2136854106(A) 4.06 609.9792.42199091522 INV2138111106(A) 10.22 609.9792.42199091422 INV2136853106(A) 1.35 609.9792.42199091422 INV2136851106(A) 1.35 609.9792.42199091422 INV2136852106(A) 22.28 609.9792.42199090722 INV2131447106(A)39 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 5/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 5.50 609.9792.42199090722 INV2131449106(A) 1.35 609.9792.42199090722 INV2131445106(A) 4.05 609.9792.42199090722 INV2131446106(A) 4.16 609.9792.42199090722 INV2131448106(A) 4.05 609.9792.42199090722 INV2131444106(A) 17.55 609.9792.42199091622 INV2139177106(A) 2.70 609.9792.42199091622 INV2139176106(A) 1.35 609.9792.42199091622 INV2139172106(A) 1.35 609.9793.42199091622 INV2139173106(A) 6.75 609.9793.42199091622 INV2139175106(A) 2.70 609.9793.42199091622 INV2137174106(A) 6.75 609.9793.42199091422 INV2136849106(A) 24,217.33 1,544.05 609.0000.14500091522 INVPHILLIPS WINE & SPIRITS INC6463174107(A)MAIN09/29/2022 532.20 609.0000.14500091522 INV6463173107(A) 105.00 609.0000.14500091622 INV6464029107(A) 397.50 609.0000.14500091622 INV6464028107(A) 280.00 609.0000.14500091422 INV6462156107(A) 2,193.75 609.0000.14500091422 INV6462155107(A) 280.00 609.0000.14500091422 INV6462153107(A) 2,193.75 609.0000.14500091422 INV6462151107(A) 210.00 609.0000.14500091422 INV6462152107(A) 495.00 609.0000.14500091422 INV6462150107(A) 62.00 609.0000.14500091522 INV6463176107(A) 204.00 609.0000.14500091522 INV6463175107(A) 1,083.65 609.0000.14500092122 INV6465797107(A) 297.67 609.0000.14500092122 INV6465798107(A) 193.50 609.0000.14500092222 INV6466817107(A) (160.00)609.0000.14500090222 INV678221107(A) 14.83 609.9791.42199091522 INV6463174107(A) 7.43 609.9791.42199091522 INV6463173107(A) 37.80 609.9791.42199091422 INV6462151107(A) 4.05 609.9791.42199091422 INV6462152107(A) 2.70 609.9791.42199091422 INV6462150107(A) 1.35 609.9791.42199091522 INV6463176107(A) 4.05 609.9791.42199091522 INV6463175107(A) 17.56 609.9791.42199092122 INV6465797107(A) 4.06 609.9791.42199092122 INV6465798107(A) 2.70 609.9791.42199092222 INV6466817107(A) 0.11 609.9791.42199091622 DEL6464027107(A) 5.40 609.9792.42199091422 INV6462156107(A)40 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 6/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 37.80 609.9792.42199091422 INV6462155107(A) 1.35 609.9793.42199091622 INV6464029107(A) 4.05 609.9793.42199091622 INV6464028107(A) 5.40 609.9793.42199091422 INV6462153107(A) 10,062.71 554.40 609.0000.14500091522 INV/DELSOUTHERN GLAZER'S2259008108(A)MAIN09/29/2022 1,619.33 609.0000.14500091522 INV/DEL2259004108(A) 900.00 609.0000.14500091522 INV/DEL2259006108(A) 1,502.02 609.0000.14500082522 INV/DEL2250975108(A) 334.00 609.0000.14500091522 INV/DEL2259002108(A) 970.00 609.0000.14500091522 INV/DEL2259003108(A) (637.00)609.0000.14500091522 INV9437076108(A) (637.00)609.0000.14500091522 INV9437077108(A) 16.00 609.9791.42199082522 INV/DEL2250975108(A) 0.96 609.9791.42199082522 DEL2250976108(A) 5.12 609.9791.42199091522 INV/DEL2259002108(A) 14.72 609.9791.42199091522 INV/DEL2259003108(A) 10.24 609.9792.42199091522 INV/DEL2259008108(A) 12.80 609.9792.42199091522 INV/DEL2259004108(A) 11.52 609.9792.42199091522 INV/DEL2259006108(A) 4,677.11 112.00 609.0000.14500091422 INVWINE MERCHANTS7395524109(A)MAIN09/29/2022 800.00 609.0000.14500091422 INV7395522109(A) 10.80 609.9791.42199091422 INV7395522109(A) 1.35 609.9793.42199091422 INV7395524109(A) 924.15 159.00 609.0000.14500090622 INV56 BREWING LLC5619987192366MAIN09/29/2022 324.00 101.5003.43050TOTAL BODY CONDITIONING 081322-091422ALFERNESS/DONNA M091922192367MAIN09/29/2022 2,805.25 101.3121.45180APX1500 MOBILE RADIOANOKA COUNTY TREASURERAR020071192368MAIN09/29/2022 2,805.25 101.5200.45180APX1500 MOBILE RADIOAR020072192368 5,610.50 100.08 609.9791.44020091322 MOPS,MATS,TOWELSARAMARK UNIFORM & CAREER APPAR2500093223192369MAIN09/29/2022 92.31 609.9792.44020091522 MOPS,MATS,TOWELS2500095283192369 49.51 609.9793.44020091522 MOPS,MATS,TOWELS2500095210192369 241.90 768.59 101.2100.42172JACKETS, BOOTS, BELTS, SHIRTSASPEN MILLS, INC.300566192370MAIN09/29/2022 304.30 101.2100.42172DUTY JACKET, TRANSFER, PATCHES, EMBROIDERY300423192370 41 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 7/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,072.89 162.00 609.9793.44020ADJUST HINGESASSURED SECURITY INC222987192371MAIN09/29/2022 324.00 701.9950.44020REPLACE WORN KNOB LOCK223323192371 486.00 18.00 101.2100.43310FBI NAA TRAINING PARKING 091122AUSTIN/LENNY273-331192372MAIN09/29/2022 618.37 240.5500.42180BOOK ORDERBAKER & TAYLOR2036954474192373MAIN09/29/2022 156.00 609.0000.14500090922 INVBERGMAN LEDGE LLCE-7664192374MAIN09/29/2022 171.00 609.0000.14500091522 INVBLACK STACK BREWING19264192375MAIN09/29/2022 288.00 609.0000.14500090622 INV19117192375 459.00 31.92 701.0000.14120COPPER PLUGSBMJ CORPORATION67-126026192376MAIN09/29/2022 28.99 701.9950.42010SOCKET SET67-126057192376 60.91 288.00 609.0000.14500091522 INV/DELBOURGET IMPORTS LLC190145192377MAIN09/29/2022 3.50 609.9791.42199091522 INV/DEL190145192377 291.50 84.00 609.0000.14500090822 INVBROKEN CLOCK BREWING COOP6851192378MAIN09/29/2022 53.49 101.6102.42160TREE BAGS, SHUT OFF VALVE, NOZZLE, HANDLECARLIN SALES CORP4008084-00192379MAIN09/29/2022 1,109.33 101.6102.42160.2013TREE BAGS, SHUT OFF VALVE, NOZZLE, HANDLE4008084-00192379 1,162.82 226.00 101.1940.43810091922 SOLAR POWERCARLSON COMMUNITY SOLAR LLC15534192380MAIN09/29/2022 135.93 602.9600.43810091922 SOLAR POWER15534192380 1,275.73 701.9950.43810091922 SOLAR POWER15534192380 1,637.66 131.87 101.1940.43830091522 8000014661-5CENTER POINT ENERGY8000014661-5192381MAIN09/29/2022 94.58 101.2100.43830090722 8268239-48268239-4192381 94.57 101.2200.43830090722 8268239-48268239-4192381 104.55 101.5129.43830091522 8000014661-58000014661-5192381 18.21 101.5200.43830090722 10802324-310802324-3192381 16.80 101.5200.43830090722 5467671-35467671-3192381 16.80 101.5200.43830090722 5452216-45452216-4192381 92.41 101.5200.43830091522 8000014661-58000014661-5192381 118.88 240.5500.43830090722 10570341-710570341-7192381 63.04 601.9600.43830091522 8000014661-58000014661-5192381 42 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 8/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 22.38 602.9600.43830090722 9644621-69644621-6192381 28.01 602.9600.43830090722 11299887-711299887-7192381 82.51 609.9791.43830091522 8000014661-58000014661-5192381 149.30 609.9792.43830091522 8000014661-58000014661-5192381 25.45 609.9793.43830091522 8000014661-58000014661-5192381 30.95 609.9794.43830090722 6402970054-56402970054-5192381 147.49 701.9950.43830091522 8000014661-58000014661-5192381 1,237.80 54.13 609.9792.43210090722 763 788-0290 045CENTURYLINK7637880290045192382MAIN09/29/2022 54.13 609.9792.43210090722 763 788-0064 1647637880064164192382 108.26 46.56 101.0000.20810REFUND DAMAGE & SECURITY DEPOSITSCHHS CLASS OF 76 C/O CHERYL RIGGS091622192383MAIN09/29/2022 653.44 101.0000.34781REFUND DAMAGE & SECURITY DEPOSITS091622192383 700.00 4.21 601.0000.20120UB refund for account: 208-0025-00-03CHRIS YAUCH09/22/2022192384MAIN09/29/2022 43.59 603.0000.20120UB refund for account: 208-0025-00-0309/22/2022192384 47.80 21.45 101.1940.44020RUGS CITY HALL 092322CINTAS INC4132311164192385MAIN09/29/2022 30.10 101.5129.44020MOPS JPM 0920224131840695192385 31.99 701.9950.42172UNIFORM RENTAL 0916224131621508192385 31.99 701.9950.42172UNIFORM RENTAL 0909224130932044192385 115.53 15.09 101.3100.43050ADMIN FEE JPA MAINT MATERIALSCITY OF COON RAPIDS202209192386MAIN09/29/2022 135.81 212.3190.43050ADMIN FEE JPA MAINT MATERIALS202209192386 150.90 1,705.44 101.5129.43810091922 SOLAR POWERCORNILLIE 2 COMMUNITY SOLAR15535192387MAIN09/29/2022 70.65 604.9600.43810091922 SOLAR POWER15535192387 1,776.09 1,120.00 101.5129.44020BATHROOM & DRINKING FOUNTAIN REPAIRSCROCK'S PLUMBING INC987612192388MAIN09/29/2022 161.70 609.0000.14500091522 INV/DELCRYSTAL SPRINGS ICE LLC9000652192389MAIN09/29/2022 37.00 609.0000.14500091522 INV/DEL9000651192389 130.40 609.0000.14500091522 INV/DEL9000654192389 4.00 609.9791.42199091522 INV/DEL9000652192389 4.00 609.9792.42199091522 INV/DEL9000654192389 4.00 609.9793.42199091522 INV/DEL9000651192389 341.10 43 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 9/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 341.10 ** VOIDED **PAC FSCUMMINS INCE4-38392192390MAIN09/29/2022 436.88 415.6400.43500.2206PHN PROJECT 2206 090922ECM PUBLISHERS INC910531192391MAIN09/29/2022 431.05 415.9999.43500.2002PHN PROJECT 2002 090922910532192391 75.24 603.9530.43500AD FOR BID 081922907414192391 399.50 609.9791.43420DIGITAL PROGRAMMATIC 091522912203192391 188.00 609.9791.43420SEM SEPTEMBER 2022912204192391 314.50 609.9792.43420DIGITAL PROGRAMMATIC 091522912203192391 148.00 609.9792.43420SEM SEPTEMBER 2022912204192391 136.00 609.9793.43420DIGITAL PROGRAMMATIC 091522912203192391 64.00 609.9793.43420SEM SEPTEMBER 2022912204192391 2,193.17 2,500.00 204.0000.22000RUETER WALTON 42M ANALYSISEHLERS & ASSOCIATES INC91121192392MAIN09/29/2022 630.00 603.9530.42920PLASTIC RECYCLING 0822EMERGE ENTERPRISES06550192393MAIN09/29/2022 133.16 701.0000.14120STROBE LAMPEMERGENCY AUTOMOTIVE TECH INC.MS090622-72192394MAIN09/29/2022 328.25 101.3100.44000ARCGIS MAINT 0922-0923ENVIRONMENTAL SYSTEMS RESEARCH94321475192395MAIN09/29/2022 328.25 601.9600.44000ARCGIS MAINT 0922-092394321475192395 328.25 602.9600.44000ARCGIS MAINT 0922-092394321475192395 328.25 604.9600.44000ARCGIS MAINT 0922-092394321475192395 1,313.00 1,000.00 884.0000.15510INSURANCE SERVICE 1022FIRST NATIONAL INSURANCE100122192396MAIN09/29/2022 11.54 701.0000.14120FILTERSFLEETPRIDE INC102286568192397MAIN09/29/2022 17.90 701.0000.14120FILTERS102289162192397 162.68 701.0000.14120FILTERS102286518192397 21.57 701.0000.14120FILTER102114580192397 213.69 2.18 701.9950.42171FASTENERSFRATTALONE'S HARDWARE & GARDENA08164/R192398MAIN09/29/2022 230.08 240.5500.42171BOOK COVERSGENERAL BOOK COVERS22260192399MAIN09/29/2022 239.45 701.0000.14120BATTERYGENUINE PARTS/NAPA AUTO4342-880721192400MAIN09/29/2022 345.28 101.5129.42160PERENNIALSGROVE NURSERY32909300192401MAIN09/29/2022 261.33 609.0000.14500090722 INVHEADFLYER BREWINGE-3949192402MAIN09/29/2022 209.27 101.2100.43810091622 SOLAR POWERHINTERLAND CSG, LLCSP-035-000122192403MAIN09/29/2022 209.27 101.2200.43810091622 SOLAR POWERSP-035-000122192403 44 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 10/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 418.54 2,125.85 609.0000.14500090922 INVHOHENSTEINS INC539801192404MAIN09/29/2022 2,706.55 609.0000.14500090922 INV539571192404 1,800.40 609.0000.14500091622 INV541628192404 657.95 609.0000.14500090922 INV539578192404 246.40 609.0000.14500090222 INV537487192404 7,537.15 116.48 101.5200.42171CABLE TIESHOME DEPOT #28025010798192405MAIN09/29/2022 22.80 701.9950.42010SLEEVE ANCHORS3016165192405 139.28 11.04 701.0000.14120NUT, WASHERHUSKY SPRINGS4-1989089192406MAIN09/29/2022 12.01 101.3100.42000INK PAD, EARBUDS, COPY PAPER, BINDERS, POST-ITSINNOVATIVE OFFICE SOLUTIONS LLCIN3907076192407MAIN09/29/2022 15.50 101.3100.42000TONER, PENCILS, ERASER, CLOROX WIPESIN3934294192407 6.31 101.3100.42171TONER, PENCILS, ERASER, CLOROX WIPESIN3934294192407 11.97 101.3121.42000INK PAD, EARBUDS, COPY PAPER, BINDERS, POST-ITSIN3907076192407 11.97 101.5200.42000INK PAD, EARBUDS, COPY PAPER, BINDERS, POST-ITSIN3907076192407 11.97 601.9600.42000INK PAD, EARBUDS, COPY PAPER, BINDERS, POST-ITSIN3907076192407 11.97 602.9600.42000INK PAD, EARBUDS, COPY PAPER, BINDERS, POST-ITSIN3907076192407 11.97 701.9950.42000INK PAD, EARBUDS, COPY PAPER, BINDERS, POST-ITSIN3907076192407 377.81 701.9950.42000TONER, PENCILS, ERASER, CLOROX WIPESIN3934294192407 471.48 75.66 101.3121.431051022 SAFETY SERVICESINTEGRATED LOSS CONTROL INC14930192408MAIN09/29/2022 75.67 101.5200.431051022 SAFETY SERVICES14930192408 75.66 601.9600.431051022 SAFETY SERVICES14930192408 75.67 602.9600.431051022 SAFETY SERVICES14930192408 75.67 604.9600.431051022 SAFETY SERVICES14930192408 75.67 701.9950.431051022 SAFETY SERVICES14930192408 454.00 112.00 101.5001.43050UMPIRE SOFTBALL 091522JOHNSTON III/JOHN W092022192409MAIN09/29/2022 26.35 603.9530.44200PROCEED SHARE KIWANIS COLUMBIA HTS-FRIDLEY091322192410MAIN09/29/2022 516.60 603.9530.44200PROCEED SHARE 090922192410 542.95 280.00 705.9970.44000INSTALL GMS ON WORKSTATIONSLVC COMPANIES INC96306192411MAIN09/29/2022 171.17 101.2100.43810091622 SOLAR POWERMADISON ENERGY INVESTMENTS IV LLCSP-151-000046192412MAIN09/29/2022 196.37 101.2100.43810091622 SOLAR POWERSP-150-000046192412 171.18 101.2200.43810091622 SOLAR POWERSP-151-000046192412 45 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 11/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 196.38 101.2200.43810091622 SOLAR POWERSP-150-000046192412 735.10 83.25 101.1940.43810091622 SOLAR POWERMADISON ENERGY INVESTMENTS LLCSP-001-000187192413MAIN09/29/2022 36.27 101.3121.42171CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATSMCCLELLAN SALES INC014343192414MAIN09/29/2022 81.59 101.3121.42173CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 188.17 101.5200.42171CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 81.59 101.5200.42173CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 36.27 101.6102.42171CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 81.59 101.6102.42173CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 374.05 601.9600.42171CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 81.59 601.9600.42173CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 374.04 602.9600.42171CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 81.59 602.9600.42173CORD, BATTERIES, BAGS, BLADES, PICK, TAPE, EARPLUGS, HARDHATS014343192414 1,416.75 995.40 609.0000.14500090922 INVMCDONALD DISTRIBUTING CO649977192415MAIN09/29/2022 941.85 609.0000.14500090922 INV649304192415 278.25 609.0000.14500091622 INV650839192415 2,215.50 30.68 101.5200.42171TENT STAKES, MALLETSMENARDS CASHWAY LUMBER-FRIDLEY74245192416MAIN09/29/2022 69.39 101.5200.42171BRUSHES, PAINT MIX & MEASURE74237192416 100.07 20.48 701.0000.14120WEATHER SEALMIDWAY FORD735719192417MAIN09/29/2022 60.94 701.0000.14120FILTERS733899192417 45.95 701.0000.14120FILTER734789192417 45.95 701.0000.14120FILTER734972192417 173.32 27.99 101.5200.42010TRIMER HEADMINNEAPOLIS SAW CO INC145203192418MAIN09/29/2022 34.64 701.0000.14120CARBURETOR KIT144304192418 25.88 701.0000.14120CARBURETOR BOOT, PLATE144399192418 21.89 701.0000.14120FILTER COVER143972192418 110.40 20.00 101.1510.43105BEGINNING GOVERNMENTAL ACCOUNTING SLENZMINNESOTA GFOA15282192419MAIN09/29/2022 20.00 101.1510.43105INTERMEDIATE GOVT ACCOUNTING JHALEYMINNESOTA GFOA15281192420MAIN09/29/2022 20.00 101.1510.43105INTERMEDIATE GOVT ACCOUNTING HSHIRMERMINNESOTA GFOA15280192421MAIN09/29/2022 20.00 101.1510.43105ADVANCED GOVT ACCOUNTING MCHRISTENSENMINNESOTA GFOA15279192422MAIN09/29/2022 46 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 12/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 20.00 101.1510.43105ADVANCED GOVT ACCOUNTING JZILLMERMINNESOTA GFOA15278192423MAIN09/29/2022 778.56 101.2100.44020REPLACE PRESSURE SWITCHMODERN HEATING & AIR INCS071134192424MAIN09/29/2022 778.56 101.2200.44020REPLACE PRESSURE SWITCHS071134192424 1,557.12 141.57 701.0000.14120T-RODMTI DISTRIBUTING1363721-00192425MAIN09/29/2022 4.56 240.5500.42000FILE FOLDER LABELSOFFICE DEPOT257814813002192426MAIN09/29/2022 45.27 609.9791.42171PENS, NAPKINS, PAPER TOWELSOFFICE DEPOT258675178001192427MAIN09/29/2022 1.69 609.9792.42000PENS, NAPKINS, PAPER TOWELS258675178001192427 3.72 609.9793.42000PENS, NAPKINS, PAPER TOWELS258675178001192427 23.51 609.9793.42171PENS, NAPKINS, PAPER TOWELS258675178001192427 74.19 204.00 101.5129.44100SATELLITE RENT-MCKENNAON SITE SANITATION INC0001396928192428MAIN09/29/2022 220.00 101.5200.44100SATELITTE RENT-HUSET0001396916192428 124.00 101.5200.44100SATELITTE RENT-MCKENNA0001396917192428 140.00 101.5200.44100SATELITTE RENT-SULLIVAN0001396918192428 62.00 101.5200.44100SATELITTE RENT-KEYES0001396919192428 68.00 101.5200.44100SATELITTE RENT-GAUVITTE0001396921192428 62.00 101.5200.44100SATELITTE RENT-LABELLE0001396920192428 232.00 101.5200.44100SATELITTE RENT-RAMSDELL0001396923192428 68.00 101.5200.44100SATELITTE RENT-PRESTEMON0001396922192428 232.00 101.5200.44100SATELITTE RENT-SILVER LK0001396924192428 136.00 101.5200.44100SATELITTE RENT-HUSET0001396925192428 368.00 101.5200.44100SATELITTE RENT-HUSET0001396926192428 68.00 101.5200.44100SATELITTE RENT-LOMIANKI0001396927192428 1,984.00 308.00 609.0000.14500091422 INV/DELPAUSTIS & SONS WINE COMPANY177589192429MAIN09/29/2022 10.00 609.9791.42199091422 INV/DEL177589192429 318.00 64.72 701.0000.14120NUT, KEY, LUGS, GUAGE, BRUSHPIONEER RIM & WHEEL CO.01CO0916192430MAIN09/29/2022 772.34 701.0000.14120PINTLE HOOK, MOUNT, PLATE01CO0910192430 28.31 701.9950.42010NUT, KEY, LUGS, GUAGE, BRUSH01CO0916192430 865.37 475.00 604.9600.44000VEGETATION MGMT-RAMSDELL 083022PRAIRIE RESTORATIONS INC34949192431MAIN09/29/2022 4.00 101.1110.42171083122 COOLER RENTALPREMIUM WATERS INC318969994192432MAIN09/29/2022 17.40 101.1110.42171092122 WATER319003459192432 47 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 13/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 4.00 201.2400.42171083122 COOLER RENTAL318968777192432 13.05 201.2400.42171092122 WATER319003456192432 9.00 609.9791.42171091322 WATER318991752192432 47.45 388.00 609.0000.14500091522 INVPRYES BREWING COMPANY LLCW-43145192433MAIN09/29/2022 116.64 609.0000.14500091522 INVRED BULL DISTRIBUTION CO INC5003083179192434MAIN09/29/2022 224.00 101.5003.43050UMPIRE SOFTBALL 082522-090822RICHSMANN/MARK091922192435MAIN09/29/2022 227.95 609.9791.434201/4 PAGE AD OCT 2022SAVE ON EVERYTHING INC2022CI-74778192436MAIN09/29/2022 182.86 609.9792.434201/4 PAGE AD OCT 20222022CI-74778192436 83.41 609.9793.434201/4 PAGE AD OCT 20222022CI-74778192436 494.22 74.63 101.1940.44020PREVENT MAINT 0922SCHINDLER ELEVATOR CORP INC8106046680192437MAIN09/29/2022 74.63 101.5129.44020PREVENT MAINT 09228106046681192437 185.89 609.9791.44020PREVENT MAINT 09228106044358192437 335.15 362.82 602.9600.42010AIR GAUGE, GAS ASSY, TUBING, GASKETSSMITH AND LOVELESS INC163208192438MAIN09/29/2022 323.84 701.0000.14120TEMPERED PLATE & RODSTANDARD SPRING394910192439MAIN09/29/2022 213.92 701.0000.14120TEMPERED PLATE & ROD, CENTER BOLTSTANDARD SPRING394868192440MAIN09/29/2022 207.00 609.0000.14500091422 INVSTEEL TOE BREWING LLC47183192441MAIN09/29/2022 23.98 101.2100.42172PISTOL MAG POUCH, HANDCUFF POUCHSTREICHER'S GUN'S INC/DONI1588526192442MAIN09/29/2022 149.94 101.2100.42172TACTICAL POUCHES, MAG AND CUFF HOLDERI1589031192442 567.98 101.2100.42172VEST CARRIERS, NAME TAGSI1589766192442 741.90 206.20 240.5500.42010WIRE BOOK DISPLAY EASELSTHE LIBRARY STORE, INC.593069192443MAIN09/29/2022 673.00 609.0000.14500091522 INV/DELTRADITION WINE & SPIRITS LLC33322192444MAIN09/29/2022 18.00 609.9791.42199091522 INV/DEL33322192444 691.00 260.00 101.3121.42010SHRINK GUN, SHRINK WRAP, TAP, WRAP CUTTERULINE INC152665514192445MAIN09/29/2022 159.04 101.3121.42171SHRINK GUN, SHRINK WRAP, TAP, WRAP CUTTER152665514192445 260.00 601.9600.42010SHRINK GUN, SHRINK WRAP, TAP, WRAP CUTTER152665514192445 159.04 601.9600.42171SHRINK GUN, SHRINK WRAP, TAP, WRAP CUTTER152665514192445 260.00 602.9600.42010SHRINK GUN, SHRINK WRAP, TAP, WRAP CUTTER152665514192445 159.04 602.9600.42171SHRINK GUN, SHRINK WRAP, TAP, WRAP CUTTER152665514192445 48 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 14/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,257.12 120.00 609.0000.14500090622 INVURSA MINOR BREWING LLCE-2702192446MAIN09/29/2022 4,588.73 609.9791.42010REPLACEMENT POWER UNIT ON BALERVER-TECH INCINV720758192447MAIN09/29/2022 925.11 101.2100.43250091022 742128747-00001VERIZON WIRELESS9915550117192448MAIN09/29/2022 240.05 101.3100.43211090122 342019817-000019914709195192448 184.34 101.3121.43211090122 342019817-000019914709195192448 184.34 101.5200.43211090122 342019817-000019914709195192448 51.26 101.6102.43211090122 342019817-000019914709195192448 218.98 601.9600.43211090122 342019817-000019914709195192448 218.98 602.9600.43211090122 342019817-000019914709195192448 50.49 603.9520.43211090122 342019817-000019914709195192448 50.48 603.9530.43211090122 342019817-000019914709195192448 61.26 604.9600.43211090122 342019817-000019914709195192448 43.49 609.9791.43250080322 442044911-000029912605200192448 43.49 609.9791.43250090322 442044911-000029914940370192448 86.98 609.9792.43250080322 442044911-000029912605200192448 86.98 609.9792.43250090322 442044911-000029914940370192448 51.26 701.9950.43211090122 342019817-000019914709195192448 51.26 705.9970.43211090122 342019817-000019914709195192448 2,548.75 100,095.86 603.9510.42910REFUSE AND RECYCLING 0822WASTE MANAGEMENT OF WI-MN INC9266398192449MAIN09/29/2022 22,140.84 603.9510.42920REFUSE AND RECYCLING 08229266398192449 3,031.50 603.9510.42930REFUSE AND RECYCLING 08229266398192449 193.80 603.9540.43050REFUSE AND RECYCLING 08229266398192449 125,462.00 539.00 604.9600.43050MS4 SVCS 070122-073122WSB & ASSOCIATES INCR-019494-000-5192450MAIN09/29/2022 17.13 101.3121.43810091422 51-4159573-1XCEL ENERGY (N S P)51-4159573-1192451MAIN09/29/2022 31.25 101.3160.43810090722 51-7867950-20988805037192451 197.63 101.3160.43810090722 51-7867659-80988813452192451 13,658.05 101.3160.43810091422 51-4159573-151-4159573-1192451 17.42 101.5200.43810090722 51-9597586-90988821858192451 27.41 101.5200.43810090722 51-8042065-30988793157192451 124.34 101.5200.43810090722 51-0010057576-70988812863192451 88.70 101.5200.43810090722 51-0012266105-30988845037192451 201.56 101.5200.43810091422 51-7654903-40990216009192451 226.35 101.5200.43810091322 51-5950185-00989873937192451 60.48 101.5200.43810090722 51-0011039127-70988832879192451 1,097.78 101.5200.43810091422 51-4159573-151-4159573-1192451 49 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 15/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 46.00 212.3190.43810090722 519893848-40988810671192451 124.64 212.3190.43810090722 51-0011980129-40988847575192451 602.90 212.3190.43810091422 51-4159573-151-4159573-1192451 773.95 228.6317.43810090722 51-0013059132-80988854895192451 1,947.00 601.9600.43810091422 51-4159573-151-4159573-1192451 159.59 602.9600.43810090722 51-0013099828-30988861577192451 252.46 602.9600.43810091422 51-4159573-151-4159573-1192451 96.03 603.9530.43810091422 51-4159573-151-4159573-1192451 28.64 604.9600.43810090722 51-0010836533-80988830600192451 270.27 604.9600.43810091422 51-4159573-151-4159573-1192451 48.08 609.9794.43810090822 51-0014068181-70989146317192451 20,097.66 2,135.84 609.9791.43810091922 SOLAR POWERARES NEE HOLDINGS, LLC17-00022298(A)MAIN09/29/2022 1,426.85 609.9792.43810091922 SOLAR POWER17-00022298(A) 3,562.69 36.90 609.0000.14500091522 INVARTISAN BEER COMPANY356047099(A)MAIN09/29/2022 3,002.15 609.0000.14500081522 INV356047199(A) 36.90 609.0000.14500090922 INV355947499(A) 1,229.80 609.0000.14500090922 INV355947399(A) 1,405.20 609.0000.14500090222 INV355803899(A) 36.90 609.0000.14500091622 INV356087599(A) 720.00 609.0000.14500091622 INV356087499(A) (30.00)609.0000.14500120921 INV32244399(A) 6,437.85 192.00 101.5129.43050SECURITY JPM 091722-091822ALLIED UNIVERSAL SECURITY SERVICES13285221113(A)MAIN10/06/2022 15,535.90 609.0000.14500080922 INV 700297717BREAKTHRU BEVERAGE MN BEER LLC345201134114(A)MAIN10/06/2022 (9.30)609.0000.14500082422 INV 700297717410054177114(A) (4.90)609.0000.14500082422 INV 700297717410054178114(A) (12.80)609.0000.14500082422 INV 700297717410054182114(A) (6.75)609.0000.14500082422 INV 700297717410054179114(A) (128.00)609.0000.14500082422 INV 700297717410054181114(A) (10.00)609.0000.14500082422 INV 700297717410054183114(A) (9.75)609.0000.14500082422 INV 700297717410054180114(A) (37.20)609.0000.14500082422 INV 700297717410054184114(A) (84.00)609.0000.14500082422 INV 700297717410054185114(A) (18.60)609.0000.14500082422 INV 700297717410053503114(A) (4.90)609.0000.14500082422 INV 700297717410053501114(A) (12.30)609.0000.14500082422 INV 700297717410053502114(A) (33.60)609.0000.14500082422 INV 700297717410053500114(A)50 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 16/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date (4.90)609.0000.14500082322 INV 700297736410049467114(A) (24.40)609.0000.14500082322 INV 700297736410049466114(A) (73.80)609.0000.14500082322 INV 700297736410049465114(A) (24.60)609.0000.14500081622 INV 700297782410028120114(A) (6.60)609.0000.14500081622 INV 700297782410028123114(A) (9.80)609.0000.14500081622 INV 700297782410028122114(A) (24.00)609.0000.14500081622 INV 700297782410028121114(A) (319.50)609.0000.14500081122 INV 700297717410011961114(A) (552.90)609.0000.14500081222 INV 700297717410020219114(A) (54.00)609.0000.14500091422 INV 700297717410117091114(A) 14,069.30 (40,814.11)652.0000.20610CENTRAL AVE SEWER MANHOLE IMPROVEMENTSMEYER CONTRACTING INC2204-2115(A)MAIN10/06/2022 816,282.26 652.9999.45190.2204CENTRAL AVE SEWER MANHOLE IMPROVEMENTS2204-2115(A) 775,468.15 51.45 609.0000.14500090822 INV/DELSOUTHERN GLAZER'S2256199116(A)MAIN10/06/2022 2.56 609.9791.42199090822 INV/DEL2256199116(A) 54.01 125.00 609.0000.14500091322 INV56 BREWING LLC5620096192452MAIN10/06/2022 425.00 101.5040.43105DEFENSIVE DRIVER COURSE 091222AARPC13892192453MAIN10/06/2022 1,176.88 101.2200.44020REPLACE FANSAID ELECTRIC SERVICE INC71035192454MAIN10/06/2022 165.37 609.9791.44020REPLACE BROKEN EMERGENCY LIGHT71034192454 1,342.25 5,000.00 101.2100.430502022 DOMESTIC ASSAULT SVCSALEXANDRA HOUSE INC2051192455MAIN10/06/2022 3.58 433.0000.20120UB refund for account: 109-0025-00-02AMI BARBER09/28/2022192456MAIN10/06/2022 158.75 601.0000.20120UB refund for account: 109-0025-00-0209/28/2022192456 103.64 602.0000.20120UB refund for account: 109-0025-00-0209/28/2022192456 89.00 603.0000.20120UB refund for account: 109-0025-00-0209/28/2022192456 18.86 604.0000.20120UB refund for account: 109-0025-00-0209/28/2022192456 373.83 500.00 101.2100.44100RANGE USE 083122ANOKA COUNTY SHERIFFS DEPT092122192457MAIN10/06/2022 356.81 101.1410.42030BALLOTS, AB POSTAGE, HCF JUDGESANOKA COUNTY TREASURERELEC09072203192458MAIN10/06/2022 83.22 101.1410.43050BALLOTS, AB POSTAGE, HCF JUDGESELEC09072203192458 40.48 101.1410.43220BALLOTS, AB POSTAGE, HCF JUDGESELEC09072203192458 480.51 87.35 609.9791.44020092022 MOPS,MATS,TOWELSARAMARK UNIFORM & CAREER APPAR25000975007192459MAIN10/06/2022 51 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 17/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 87.35 609.9791.44020092722 MOPS,MATS,TOWELS2500102077192459 92.31 609.9792.44020092222 MOPS,MATS,TOWELS2500100090192459 92.31 609.9792.44020092922 MOPS,MATS,TOWELS2500104586192459 49.51 609.9793.44020092222 MOPS,MATS,TOWELS2500099902192459 49.51 609.9793.44020092922 MOPS,MATS,TOWELS2500104470192459 458.34 225.45 101.2100.42172SHIRTS, EMBROIDERY, PATCHESASPEN MILLS, INC.300789192460MAIN10/06/2022 543.75 101.2100.42172JACKETS, SHIRTS, EMBROIDERY, PATCHES300418192460 670.60 101.2200.42172JACKET, SHOES, SHIRT, PANTS, ALTERATIONS, PATCHES300338192460 164.35 101.2200.42172JACKET ALTERATIONS, SHOES, GLOVES300511192460 1,604.15 341.16 701.0000.14120FILTERSASTLEFORD INTERNATIONAL01P83308192461MAIN10/06/2022 286.29 701.0000.14120FILTERS01P78084192461 627.45 337.48 609.0000.14500091522 INVBANGSTAD BREWING COMPANY LLC03221192462MAIN10/06/2022 255.00 402.9999.43050.211037TH AVE EMINENT DOMAIN BARNA GUZY & STEFFEN LTD251795192463MAIN10/06/2022 608.60 402.9999.43050.211037TH AVE TEMP EASEMENTS251794192463 9,374.31 411.9999.43050.19113989 CENTRAL LEGAL SERVICES251793192463 10,237.91 49.50 601.9600.42172UNIFORM REIMBURSEMENT 2022BARTOLIC/NICHOLLE082422192464MAIN10/06/2022 49.50 602.9600.42172UNIFORM REIMBURSEMENT 2022082422192464 99.00 59.50 601.9600.42172UNIFORM REIMBURSEMENT 2022BARTOLIC/NICHOLLE082522192465MAIN10/06/2022 59.50 602.9600.42172UNIFORM REIMBURSEMENT 2022082522192465 119.00 7,489.55 603.9510.42930YARD WASTE PICKUP 0822BETTER FUTURES MNINV1044192466MAIN10/06/2022 102.33 603.9530.42170ORGANIC WASTE BAGS, BUCKETS, LIDSBIOBAGS AMERICAS INCINV493206192467MAIN10/06/2022 171.00 609.0000.14500091522 INVBLACK STACK BREWING19265192468MAIN10/06/2022 15.16 701.0000.14120COPPER PLUGSBMJ CORPORATION67-126254192469MAIN10/06/2022 14.82 701.0000.14120LICENSE PLATE LIGHTS67-126193192469 29.98 49,035.00 652.9999.43050.2204CONSTRUCTION SERVICES CENTRAL AVEBOLTON & MENK, INC0297570192470MAIN10/06/2022 1,770.37 101.2200.42171GLUCAGON BOUND TREE MEDICAL LLC84602635192471MAIN10/06/2022 52 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 18/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 72.00 609.0000.14500091422 INVBREW D'ETAT LLC220915192472MAIN10/06/2022 161.00 609.0000.14500091422 INVBROKEN CLOCK BREWING COOP6887192473MAIN10/06/2022 1,237.26 101.1940.43830041422 8000014661-5CENTER POINT ENERGY8000014661-5192474MAIN10/06/2022 1,104.94 101.5129.43830041422 8000014661-58000014661-5192474 806.00 101.5200.43830041422 8000014661-58000014661-5192474 301.61 601.9600.43830041422 8000014661-58000014661-5192474 947.62 609.9791.43830041422 8000014661-58000014661-5192474 1,073.74 609.9792.43830041422 8000014661-58000014661-5192474 164.74 609.9793.43830041422 8000014661-58000014661-5192474 2,324.42 701.9950.43830041422 8000014661-58000014661-5192474 7,960.33 104.53 701.0000.14120ATF, MOTOR OILCHAMBERLAIN OIL COMPANY INC410648-00192475MAIN10/06/2022 94.07 701.0000.14120ATF, MOTOR OIL411454-00192475 (104.53)701.0000.14120ATF, MOTOR OIL-RTN PRICE ADJ NEEDED411449-00192475 94.07 85.88 701.9950.42171FIRST AID SUPPLIESCINTAS FIRST AID-SAFETY5125112782192476MAIN10/06/2022 29.06 101.2100.44020TOWELS, AIR FRESH, MATS 092322CINTAS INC4132311254192477MAIN10/06/2022 11.80 101.2200.44020TOWELS, AIR FRESH, MATS 0923224132311254192477 30.10 101.5129.44020MOPS JPM 0927224132515081192477 31.99 701.9950.42172UNIFORM RENTAL, RUGS 0923224132311187192477 38.21 701.9950.44020UNIFORM RENTAL, RUGS 0923224132311187192477 141.16 19.44 101.1110.43250091522 934571297COMCAST155393055192478MAIN10/06/2022 29.16 101.1320.43250091522 934571297155393055192478 63.18 101.1510.43250091522 934571297155393055192478 4.86 101.1940.43250091522 934571297155393055192478 131.23 101.2100.43250091522 934571297155393055192478 121.50 101.2200.43250091522 934571297155393055192478 68.04 101.3100.43250091522 934571297155393055192478 9.72 101.3121.43250091522 934571297155393055192478 34.02 101.5000.43250091522 934571297155393055192478 9.72 101.5129.43250091522 934571297155393055192478 9.72 101.5200.43250091522 934571297155393055192478 14.58 201.2400.43250091522 934571297155393055192478 19.44 204.6314.43250091522 934571297155393055192478 14.58 225.9844.43250091522 934571297155393055192478 204.13 240.5500.43250091522 934571297155393055192478 53 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 19/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 4.86 601.9600.43250091522 934571297155393055192478 4.86 602.9600.43250091522 934571297155393055192478 641.31 609.9791.43250091522 934571297155393055192478 617.01 609.9792.43250091522 934571297155393055192478 602.43 609.9793.43250091522 934571297155393055192478 9.72 701.9950.43250091522 934571297155393055192478 131.24 720.9980.43250091522 934571297155393055192478 2,764.75 1,885.56 101.1940.44020CARPET CLEANINGCOMMERCIAL STEAM TEAM25263192479MAIN10/06/2022 600.00 701.9950.44020CARPET CLEANING25262192479 2,485.56 335.43 701.0000.14120PAC FSCUMMINS INCE4-38392192480MAIN10/06/2022 99.99 701.9950.42010CUTTING BLADE, THREADED STEEL RODDISCOUNT STEEL INC5322717192481MAIN10/06/2022 16.60 701.9950.42160CUTTING BLADE, THREADED STEEL ROD5322717192481 (8.30)701.9950.42160PRICE CREDIT FOR THREADED ROD ON INV 53227175322719192481 108.29 1,899.39 603.9530.43220MAIL SVC, REFUSE & RECYCLE POSTCARDDO-GOOD.BIZ INC15229-01192482MAIN10/06/2022 (18.69)601.0000.20810REFUND METER DEPOSIT LESS WATER USEDDORAN SPECIAL PROJECTS, LLC176865192483MAIN10/06/2022 2,500.00 601.0000.22010REFUND METER DEPOSIT LESS WATER USED176865192483 (262.41)601.0000.37100REFUND METER DEPOSIT LESS WATER USED176865192483 2,218.90 93.95 101.3170.42171SIGNSEARL F ANDERSEN INC0130806-IN192484MAIN10/06/2022 495.13 415.6400.43500.2202PHN ASSESSMENTS PROJ 2202 090922ECM PUBLISHERS INC910533192485MAIN10/06/2022 196.93 609.9791.43420092322 SEPT AD913193192485 155.03 609.9792.43420092322 SEPT AD913193192485 67.04 609.9793.43420092322 SEPT AD913193192485 914.13 167.64 101.3170.42010DRILL SETFASTENAL COMPANYMNTC5132459192486MAIN10/06/2022 45.16 601.9600.42171DRILL BITSMNTC5132387192486 212.80 134.97 101.5200.42172UNIFORM REIMBURSEMENT 2022FETZER/KELLY6279619990192487MAIN10/06/2022 10.12 701.0000.14120FILTERSFLEETPRIDE INC102387879192488MAIN10/06/2022 71.22 101.2200.42161FLOOR DRYGENUINE PARTS/NAPA AUTO4342-883602192489MAIN10/06/2022 70.17 101.3100.42000MANILA FILING FOLDERSGS DIRECT369620192490MAIN10/06/2022 54 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 20/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 23.86 601.9600.43320TRAVEL EXPENSES MN AWWA 0922HAUTH/JAMES091522192491MAIN10/06/2022 23.86 602.9600.43320TRAVEL EXPENSES MN AWWA 0922091522192491 47.72 1,726.57 609.0000.14500091622 INVHOHENSTEINS INC541898192492MAIN10/06/2022 653.20 609.0000.14500091622 INV541639192492 2,379.77 747.50 101.2100.44020GRINDING & TUCKPOINTINGHOLMLUND MASONRY INC6088192493MAIN10/06/2022 747.50 101.2200.44020GRINDING & TUCKPOINTING6088192493 1,495.00 52.97 601.9600.42010STEEL FISH TAPEHOME DEPOT #2802612748192494MAIN10/06/2022 4.67 601.9600.42160CLASSIC COCA-COLA2510169192494 57.64 3,325.00 415.9999.43050.2202MATERIALS TESTING 2022 STREET REHABINDEPENDENT TESTING TECH, INC.41465192495MAIN10/06/2022 875.00 101.2100.44030IACP NET 110122-103123INTL ASSOC OF CHIEFS OF POLICE0235268192496MAIN10/06/2022 44.37 601.0000.20120FINAL/REFUND 4816 6THKESLER/LINN042821192497MAIN10/06/2022 18.59 101.5200.42171SHIPPING-CONTROL VALVE HANDLE & SCREWKROMER COMPANY581017192498MAIN10/06/2022 5,000.00 408.6414.44600FACADE GRANT REIMBURSEMENT 2022LOWELL'S AUTO REPAIR2022192499MAIN10/06/2022 6,411.52 420.6317.43050.1915CAMERA INSTALL VAN BUREN RAMP-FINAL PYMTMARCO, INCINV10300005192500MAIN10/06/2022 934.00 101.5200.42010HEAVY DUTY BOX CHESTMCCLELLAN SALES INC014401192501MAIN10/06/2022 900.00 601.9600.42010INTELLIDOX MODULE012843192501 358.75 601.9600.42010BLADE RESCUE/UTIL014343A192501 120.31 601.9600.42171CALIBRATION 4-GAS MIXTURE014407192501 259.50 601.9600.43050SENSOR COMBUST LEL, CALIBRATE 4-GAS 014507192501 900.00 602.9600.42010INTELLIDOX MODULE012843192501 120.32 602.9600.42171CALIBRATION 4-GAS MIXTURE014407192501 374.00 602.9600.42173GLOVES014457192501 (233.04)602.9600.42173RTN GLOVES, LINERS014524192501 259.50 602.9600.43050SENSOR COMBUST LEL, CALIBRATE 4-GAS 014507192501 338.07 604.9600.42010INTELLIDOX MODULE012843192501 4,331.41 1,091.04 609.0000.14500091622 INVMCDONALD DISTRIBUTING CO650782192502MAIN10/06/2022 779.00 609.0000.14500091622 INV651182192502 1,870.04 55 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 21/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 275.98 609.0000.14500091422 INVMEGA BEER LLC17131192503MAIN10/06/2022 72.96 101.3170.42171FLOOR FAN, HEX KEY SETMENARDS CASHWAY LUMBER-FRIDLEY74644192504MAIN10/06/2022 15.99 101.5200.42171CHROME VACUUM BREAKER74199192504 88.95 19.64 701.0000.14120WEATHER DOOR SEALMIDWAY FORD737101192505MAIN10/06/2022 246.00 609.0000.14500091522 INVMODIST BREWING CO LLCE-34637192506MAIN10/06/2022 5,000.00 101.1410.43050MUNICODE RENEWAL 100122-093023MUNICODE239623192507MAIN10/06/2022 500.00 883.0000.36230REFUND MOVIE IN THE PARK SEPT 2022NEW HORIZON ACADEMY10535192508MAIN10/06/2022 12,891.90 201.2400.43050TECHNICAL ASSISTANCE 0822NORTHWEST ASSOC CONSULTNTS INC25959192509MAIN10/06/2022 25,750.00 720.9980.44030LASERFICHE LICENSE YR 3OPG-3 INC6002192510MAIN10/06/2022 116.00 101.5129.44020PEST CONTROL JPM 092722ORKIN INC231169098192511MAIN10/06/2022 200.00 701.9950.42173BOOT REIMBURSEMENT 2022OVESON/CODY2089727192512MAIN10/06/2022 298.00 101.2200.43050PRE-EMPLOYMENT PHYSICAL, DRUG TEST, MASK FITTINGPERFORMANCE PLUS LLC123021192513MAIN10/06/2022 298.00 101.2200.43050PRE-EMPLOYMENT PHYSICAL, DRUG TEST, MASK FITTING 123051192513 343.00 101.2200.43050PRE-EMPLOYMENT PHYSICAL, DRUG TEST, HEP B, MASK FITTING123038192513 939.00 252.00 101.2300.43220DM475 MAINT 040122 - 093022PITNEY BOWES INC1021486478192514MAIN10/06/2022 174.00 101.2300.43220EQUIP RENT 100122 - 1231221021532566192514 426.00 218.78 602.9600.42171ULTRA GREASE BLOCKPOLLARD0221417192515MAIN10/06/2022 (5.79)101.0000.20815092622 -10013121POPP.COM INC992751027192516MAIN10/06/2022 5.79 101.1110.43210092622 -10013121992751027192516 38.35 101.1320.43210092622 -10013121992751027192516 50.90 101.1510.43210092622 -10013121992751027192516 2.99 101.1940.43210092622 -10013121992751027192516 137.29 101.2100.43210092622 -10013121992751027192516 51.00 101.2200.43210092622 -10013121992751027192516 72.31 101.3100.43210092622 -10013121992751027192516 6.12 101.3121.43210092622 -10013121992751027192516 41.35 101.5000.43210092622 -10013121992751027192516 1.09 101.5129.43210092622 -10013121992751027192516 9.34 101.5200.43210092622 -10013121992751027192516 30.36 204.6314.43210092622 -10013121992751027192516 22.25 240.5500.43210092622 -10013121992751027192516 56 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 22/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 5.71 601.9600.43210092622 -10013121992751027192516 57.06 609.9791.43210092622 -10013121992751027192516 25.42 609.9792.43210092622 -10013121992751027192516 7.57 609.9793.43210092622 -10013121992751027192516 5.03 701.9950.43210092622 -10013121992751027192516 14.69 720.9980.43210092622 -10013121992751027192516 578.83 8.00 101.1510.42171083122 COOLER RENTALSPREMIUM WATERS INC318968171192517MAIN10/06/2022 13.05 101.1510.42171092122 WATER319003457192517 8.70 101.1510.42171092122 WATER319003458192517 29.75 1,000.00 101.2300.42000ENVELOPESRAPID GRAPHICS & MAILING1766192518MAIN10/06/2022 1,467.12 101.3100.43050GIS SERVICES 0822RESPEC INCINV-0822-1464192519MAIN10/06/2022 135.84 101.3121.43050GIS SERVICES 0822INV-0822-1464192519 135.84 101.5200.43050GIS SERVICES 0822INV-0822-1464192519 326.03 601.9600.43050GIS SERVICES 0822INV-0822-1464192519 326.03 602.9600.43050GIS SERVICES 0822INV-0822-1464192519 326.02 701.9950.43050GIS SERVICES 0822INV-0822-1464192519 2,716.88 7.58 701.0000.14120RETAINER CLIPROSEDALE CHEV159643192520MAIN10/06/2022 25,000.00 402.9999.45185.2110EASEMENTS 3701 RESERVOIR BLVDSALEM/FADIA36-30-24-33-0023192521MAIN10/06/2022 1,064.41 601.9600.43050SPRINT DECOM@WATER TOWER-IVANHOE PLSHORT ELLIOT HENDRICKSON INC432959192522MAIN10/06/2022 585.00 601.9600.42010AUGER, DRIVE PINSSIMCO DRILLING EQUIPMENT INC44069192523MAIN10/06/2022 872.46 884.2100.44080HOOD REPAIR #8171 LMCIT CLAIM #CA236882SUBURBAN AUTO BODY INC55937192524MAIN10/06/2022 1,000.00 884.2100.44349HOOD REPAIR #8171 LMCIT CLAIM #CA23688255937192524 1,872.46 325.00 101.5200.44000PARKING LOT STRIPING-SULLIVAN LAKESUPERIOR STRIPING INC51655192525MAIN10/06/2022 385.00 101.5200.44000 PARKING LOT STRIPING-RAMSDELL 51630192525 925.00 101.5200.44000PARKING LOT STRIPING-40TH AND VAN BUREN SOUTHSIDE51648192525 1,635.00 3,004.50 101.3121.42160AC AGGREGATE MIXEST A SCHIFSKY & SONS INC68304192526MAIN10/06/2022 154.00 204.6314.43050EDA MEETING 090622TIMESAVER OFF SITE SECRETR INCM27604192527MAIN10/06/2022 72,169.50 420.6317.44000.1915ELEVATOR VANBUREN RAMP 1ST HALFTK ELEVATOR CORPORATION1000459922192528MAIN10/06/2022 57 Item 8. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 23/23Page : 10/06/2022 02:52 PM User: mchristensen DB: Columbia Heights CHECK DATE FROM 09/23/2022 - 10/06/2022 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 64.46 240.5500.42171TPTRIO SUPPLY COMPANY INC773102192529MAIN10/06/2022 220.00 601.9600.43050COLIFORM TESTING 0822TWIN CITY WATER CLINIC INC18067192530MAIN10/06/2022 416.29 101.2100.42171POLY BAGSULINE INC153616450192531MAIN10/06/2022 44.59 701.9950.42171FLASHLIGHTWW GRAINGER,INC9444931522192532MAIN10/06/2022 156.94 701.9950.42171THREADLOCKER, BRASS TAGS, KEY RINGS9445114110192532 201.53 1,853.27 415.6450.44000TALL GRASS, BRUSH, HAUL, TRIP CHGYOUNG/JORDAN710192533MAIN10/06/2022 2,051.45 415.6450.44000TALL GRASS, BRUSH, HAUL, TRIP CHG711192533 2,052.78 415.6450.44000TALL GRASS, BRUSH, HAUL712192533 1,451.54 415.6450.44000TALL GRASS, BRUSH, HAUL 709192533 7,409.04 1,446,797.61 TOTAL OF 184 CHECKS (1 voided)TOTAL - ALL FUNDS 58 Item 8. StatusDepositCheck AmountGrossNameCheck NumberBankCheck Date DirectPhysicalCheck For Check Dates 09/23/2022 to 10/06/2022 10/06/2022 02:50 PM Check Register Report For City Of Columbia Heights Page 1 of 1 Open0.00399.35399.35FIDELITY SECURITY LIFE INSURANCE COMPANY 90695PR09/27/2022 Cleared0.0068.8468.84IRS EFT710PR09/27/2022 Cleared0.0062.9862.98PERA 397400 EFT711PR09/27/2022 Cleared0.0014.2814.28STATE OF MN TAX EFT712PR09/27/2022 Cleared0.00112.00112.00INSCCU 90684PR09/23/2022 Cleared0.00630.00630.00UNION 49 90685PR09/23/2022 Open0.0010,083.2710,083.27DELTA DENTAL OF MINNESOTA 90686PR09/23/2022 Cleared0.002,034.702,034.70SUN LIFE FINANCIAL 90687PR09/23/2022 Cleared0.001,700.621,700.62SUN LIFE FINANCIAL 90688PR09/23/2022 Cleared0.002,691.002,691.00MEDICA HEALTH PLANS 90689PR09/23/2022 Cleared0.00131,474.73131,474.73MEDICA 90690PR09/23/2022 Open0.00299.00299.00MEDICA 90691PR09/23/2022 Open0.00464.00464.00NCPERS GROUP LIFE INS MBR BEN 90692PR09/23/2022 Open0.001,047.381,047.38SUN LIFE FINANCIAL 90693PR09/23/2022 Cleared0.00200.00200.00COL HTS LOCAL 1216 EFT699PR09/23/2022 Cleared0.002,342.632,342.63MSRS MNDCP PLAN 650251 EFT700PR09/23/2022 Cleared0.008,026.418,026.41HSA BANK EFT701PR09/23/2022 Cleared0.0017,365.6717,365.67VANTAGEPOINT TRANSFER 457 EFT702PR09/23/2022 Cleared0.0088,223.7788,223.77IRS EFT703PR09/23/2022 Cleared0.0086,365.5986,365.59PERA 397400 EFT704PR09/23/2022 Cleared0.00137.50137.50COL HGTS POLICE ASSN EFT705PR09/23/2022 Cleared0.00724.81724.81VANTAGEPOINT TRANSFER AGENTS EFT706PR09/23/2022 Cleared0.002,052.232,052.23VANTAGEPOINT TRANSFER -401 EFT707PR09/23/2022 Cleared0.0018,467.9718,467.97STATE OF MN TAX EFT708PR09/23/2022 Cleared0.00538.85538.85AFSCME COUNCIL 5 EFT709PR09/23/2022 14 11 Total Check Stubs: Total Physical Checks: 0.00375,527.58375,527.58Number of Checks: 025Totals: 59 Item 8. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE OCTOBER 10, 2022 ITEM: Censure and Direction of Council Member K t Jacobs DEPARTMENT: Administration BY/DATE: Aaron Chirpich (acting City Manager) 10-4-2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: The Columbia Heights City Council met in special session on Wednesday, September 28th to formally receive the investigative report regarding allegations of racially inappropriate comments and untruthfulness against Councilmember Kt Jacobs. Based on the findings in the report, the four Councilmembers unanimously felt a public censure and removal from all eligible Boards and Commissions was appropriate. The Council directed staff to prepare the censure, to include removal of Councilmember Jacobs from appointed Boards and Commissions, to be presented and formally acted upon by the City Council at the October 10th regular meeting. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2022-93, there being ample copies available to the public. MOTION: Move to approve Resolution 2022-93, a resolution for the censure and direction of Council member Kt Jacobs. ATTACHMENT(S): Resolution 2022-93 City Attorney Memorandum Red Cedar Consulting Investigative Report 60 Item 9. CITY OF COLUMBIA HEIGHTS RESOLUTION 2022-93 CENSURE AND DIRECTION OF COUNCIL MEMBER KT JACOBS WHEREAS, the members of the Columbia Heights City Council have agreed to abide by the City Council Handbook; and WHEREAS, a citizen read a statement at the July 25, 2022 council meeting regarding what he indicated was a verbal telephone communication with an individual at a phone number later identified as associated with existing Council member KT Jacobs. The citizen indicated that the communication included inappropriate comments regarding his race and upbringing; and WHEREAS, Councilmember Jacobs later responded with what they referenced as a public statement. The statement was: “On Monday, July 25, Justice Spriggs reported a concerning conversation he had recently with an individual who called him from my personal cell phone. While the call to [citizen] was made by an extended family member who should not have had access to my phone and had no authorization to use it, I understand that I am ultimately responsible for the consequences. As an elected official in this community, I take my duties very seriously. Words expressed by my family member to [citizen] do not in any way reflect my own opinions or values. The behavior of my family member is unacceptable. I’m deeply sorry that the incident took place, and I contacted [citizen] prior to the July 25th City Council meeting to extend my apologies for any distress caused to him and his family. I also extend apologies to my colleagues on the council, and the residents of Columbia Heights.” WHEREAS, the City Council ordered an outside investigation into the matter on August 1, 2022; and WHEREAS, the City retained Red Cedar Consulting to perform the investigation; and WHEREAS, the investigation resulted in a report dated September 23, 2022; and WHEREAS, the report made two findings: 1) Based on a preponderance of the evidence, the allegations against KT Jacobs regarding the July 24, 2022 phone call to Justice Spriggs are sustained; and 2) Based on a preponderance of the evidence, KT Jacobs has been untruthful regarding the July 24, 2022 phone call; and 61 Item 9. 2 WHEREAS, the City Council finds that Councilmember Jacobs violated Chapter 13 titled Code of Conduct providing that: APTER 13: CODE OF CONDUCT The mayor and council members are dedicated to promoting values and integrity of local government and democracy, and are committed to governing efficiently and effectively. After taking the oath of office as a city council member, they agree to conduct themselves in accordance with the following code of conduct: The professional and personal conduct of council members must be above reproach and avoid the appearance of impropriety. Members should refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the council, boards, commissions, staff or the public intended to disrupt and not further the City’s business; and WHEREAS, the Councilmember’s actions in being untruthful are outside the reasonable expectations of the citizens of Columbia Heights; and WHEREAS, the City Council must operate as a body and the conduct of a single City Council member may bring disrepute on the entire body; NOW THEREFORE BE IT RESOLVED, the City of Columbia Heights, through its City Council, hereby issues a censure to Council Member Kt Jacobs for: engaging in harassing and offensive communications with a citizen; engaging in abusive conduct, personal charges, or verbal attacks upon the character of the citizen in violation of the Columbia Heights City Council Handbook, Chapter 13 titled Code of Conduct; and being untruthful regarding the July 24, 2022 phone call. NOW THEREFORE BE IT FURTHER RESOLVED, the City of Columbia Heights, through its City Council, hereby removes Council Member Kt Jacobs from all existing appointed positions on boards and commissions other than boards and commissions where membership is automatic based on the Council Member’s position as an elected Council Member (such as HRA and EDA). NOW THEREFORE BE IT FURTHER RESOLVED, the Columbia Heights City Council exercises its powers, supervises administrative officers and formulates policies as a body and that individual council members have no independent administrative authority and the City Council as a whole offers its apology and regret that a member of the public would be subjected to the level of inappropriate communications detailed by the citizen in a conversation with a City Council member. 62 Item 9. 3 ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THIS 10TH DAY OF OCTOBER, 2022. APPROVED: ATTEST: _________________________________ Mayor ________________________________ City Clerk 2476463_1 63 Item 9. 64 Item 9. 65 Item 9. 66 Item 9. CITY OF COLUMBIA HEIGHTS INVESTIGATIVE REPORT Date: September 21, 2022 To: Kelli Bourgeois City Manager From: Isaac Kaufman Manager & Lead Investigator, Red Cedar Consulting, LLC Re: Investigation and Findings – City Councilmember KT Jacobs ______________________________________________________________________________ Ms. Bourgeois: This memorandum provides a summary of the external and independent complaint investigation that I conducted on behalf of the City of Columbia Heights (“City”). This investigation pertains to allegations that City Councilmember KT Jacobs made a phone call to City Council candidate Justice Spriggs, and that during that call KT Jacobs made inappropriate comments and asked inappropriate questions about Justice Spriggs’ race and ethnicity. I. FACTUAL AND PROCEDURAL BACKGROUND A. Kay Lynn Jacobs, a.k.a. KT Jacobs, is one of five members of the Columbia Heights City Council. She was elected to the City Council in 2020 and is currently serving a four-year term that will expire in January 2025. B. Justice Spriggs is a candidate for the Columbia Heights City Council. Following the August 9, 2022 primary, he is one of four candidates running to fill two seats on the Council. Justice Spriggs is currently a fourth-year student at the University of Minnesota medical school. In his campaign materials, Justice Spriggs identifies himself as “biracial” and mentions that his paternal grandfather was African American.1 1 See https://www.justicespriggs.com/about 67 Item 9. - 2 - C. At the City Council’s regularly scheduled meeting on Monday, July 25, 2022, Justice Spriggs spoke during the Community Forum portion of the meeting. Justice Spriggs reported that the day before (Sunday, July 24), he had received a call from a person who had given a falsified name, using a phone number linked to a Councilmember. Justice Spriggs reported that the person making the call had asked him numerous questions about his campaign for City Council, including questioning him about his biracial heritage. See Exhibit F. D. Following the July 25 City Council meeting, KT Jacobs acknowledged that the call to Justice Spriggs had been made using her phone but asserted that the call had been made by an unidentified family member, not by KT Jacobs herself. KT Jacobs apologized for what had taken place and requested that the City Council immediately vote to censure her. See Exhibits H, J. E. At a special meeting of the City Council on August 1, 2022, the Council voted unanimously (with KT Jacobs abstaining) to retain an independent investigator “to investigate and determine if the allegations raised at the July 25, 2022 open forum and related actions thereafter violate the City Council Code of Conduct or reasonable expectations of conduct by a Columbia Heights City Council member.” See Exhibit K. On August 2, 2022, the City retained Red Cedar Consulting, LLC to conduct the investigation authorized by the City Council. F. This Investigator took voluntary statements from the following individuals: 1. Justice Spriggs - Aug.15, 2022 2. Dan Spriggs (Justice Spriggs’ father) – Aug. 16, 2022 (via Zoom) 3. KT Jacobs – Aug. 25, 2022 See Exhibits L, M, N. G. Following the interview with KT Jacobs, the investigative record in this matter was closed. H. For the reasons set forth in this report, the allegations against KT Jacobs regarding the July 24, 2022 phone call are sustained. This Investigator further finds that KT Jacobs has not been truthful during this investigation. II. INVESTIGATIVE RECORD The investigative record in this matter includes the following items, which are marked and submitted as exhibits to this report: A. Screen shot from Justice Spriggs City Council campaign website – Message left by “Kathy Huff” B. Screen shot from Justice Spriggs cell phone -- Caller ID “Kay Jacobs” C. Screen shot from Justice Spriggs cell phone – record of incoming call from KT Jacobs, July 24, 2022 at 10:49 a.m. (2 hours 17 minutes) D. Screen shots of sites listing phone number used by KT Jacobs for City Council business 68 Item 9. - 3 - E. KT Jacobs voice mail message to Justice Spriggs, July 25, 2022 F. Minutes of regular City Council meeting, July 25, 2022 G. Justice Spriggs Facebook post, July 26, 2022 H. KT Jacobs Facebook post, July 27, 2022 I. Justice Spriggs City Council campaign press release, July 29, 2022 J. Agenda packet for special City Council meeting, Aug. 1, 2022 (including July 29, 2022 letter from KT Jacobs) K. Minutes of special City Council meeting, Aug. 1, 2022 L. Summary of Justice Spriggs voluntary statement, Aug. 15, 2022 (with signed Data Practices advisory) M. Summary of Dan Spriggs voluntary statement, Aug. 16, 2022 (with signed Data Practices advisory) N. Summary of KT Jacobs voluntary statement, Aug. 25, 2022 (with signed Data Practices advisory) O. Campaign notes provided by KT Jacobs III. POLICIES AND DIRECTIVES City Council Handbook, Ch. 13 – Code of Conduct The mayor and council members are dedicated to promoting values and integrity of local government and democracy and are committed to governing efficiently and effectively. After taking the oath of office as a city council member, they agree to conduct themselves in accordance with the following code of conduct: • The professional and personal conduct of council members must be above reproach and avoid the appearance of impropriety. Members should refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the council, boards, commissions, staff or the public intended to disrupt and not further the City’s business. . . . . Ethical leadership is vital to the functioning of the City and to maintaining the public’s trust and confidence in the City and the democratic process. Key traits of ethical leaders: . . . . 69 Item 9. - 4 - • Know the importance of conscientious and ethical government as a value in itself. Ethical council members do not use their office or authority for revenge, prestige, or personal gain. Ethical council members recognize that government is a human institution. As a result, the human motivations of those in government will determine if the government itself is effective or ineffective, good or bad, ethical or unethical. Ethical council members care enough to make a positive difference and then act accordingly. See Exhibit J. IV. FINDINGS AND CONCLUSIONS Finding No. 1: Based on a preponderance of the evidence, the allegations against KT Jacobs regarding the July 24, 2022 phone call to Justice Spriggs are sustained. A. Having taken the oath of office and served on the City Council for more than a year and a half, KT Jacobs is assumed to be aware of the City Council Code of Conduct and of the reasonable expectations that she engage in respectful and professional communications as a representative of the City. B. The phone call that is the subject of this investigation was made at 10:49 a.m. on July 24 and lasted two hours and 17 minutes. See Exhibit C. Justice Spriggs and his father Dan Spriggs both report that they were seated at a table together when the call came in on Justice Spriggs’ cell phone. Justice Spriggs used the speaker function on the phone, which allowed Dan Spriggs to hear the call. Based on Justice and Dan Spriggs’ unrefuted descriptions of the call, the caller asked Justice Spriggs questions about his policy positions and questioned whether Justice Spriggs was old enough and had enough experience to be on the City Council. The caller also questioned whether Justice Spriggs’ commitments to medical school and later to practicing as a doctor would leave him enough available time for the City Council. The caller then asked Justice Spriggs if he was “really biracial” and whether he had been raised in a white or black household. Justice Spriggs explained his heritage, including that his grandfather on his father’s side had been black. The caller commented that “that’s not how that works”. At the end of the call, Justice Spriggs asked if the caller was Councilmember Jacobs; after a pause of five or more seconds, the caller responded, “No”. See Exhibits L, M. C. The principal issue in dispute in this investigation is whether the caller on July 24 was in fact KT Jacobs. For the reasons discussed below, this Investigator finds it more likely than not that the caller was KT Jacobs. 1. “Kathy Huff” a. Justice Spriggs’ campaign website includes a “Get Involved!” tab with a form for volunteers.2 On July 24, 2022 at 7:36 a.m., a form was submitted electronically by a person identifying herself as “Kathy Huff”. See Exhibit A. The phone number listed on the form (612-810-0512) is the cell phone number that KT Jacobs uses 2 Join Our Campaign! (google.com) 70 Item 9. - 5 - for City Council business. See Exhibit D. The form submitted by “Kathy Huff” included the message, “I would like to have a conversation with you about your campaign focus – please call me Monday, July 25 before 11 or between 1 and 4 pm. Thank you.” See Exhibit A. b. Justice Spriggs reports that he had medical school commitments on the morning of July 25. He texted the number on the volunteer form, “How about now?” See Exhibit L. At 10:49 a.m., Justice Spriggs received the call from KT Jacobs’ phone number with the caller ID “Jacobs Kay”. See Exhibit B. c. On July 25, 2022, KT Jacobs left a voice mail message for Justice Spriggs, stating in part, “I think you may have received a call from my telephone yesterday from a family member of mine. . . a family member with some issues. . . . According to my phone, a call was made, and I know that she was in my office and going through my notes and stuff.” See Exhibit E. d. Following the July 25 City Council meeting at which Justice Spriggs spoke during the community forum, see Exhibit F, KT Jacobs met with City Manager Kelli Bourgeois and City Attorney Jim Hoeft. On information and belief, KT Jacobs acknowledged to Bourgeois and Hoeft that the call to Justice Spriggs had been made using her phone but told them that the call had been made by her husband’s niece who lives in Green Bay, Wisconsin. KT Jacobs declined to provide the niece’s name or any additional information. e. KT Jacobs reports that at a City Council training event on July 26, 2022, she apologized for the phone call to Justice Spriggs but reiterated that she had not made the call. See Exhibit N. f. In a Facebook post on July 27, 2022, KT Jacobs wrote: “[On] July 25, Mr. Justice Spriggs reported a concerning conversation he had recently with an individual who called him from my personal cell phone. . . . [T]he call to Mr. Spriggs was made by an extended family member who should not have had access to my phone and had no authorization to use it. . . .” See Exhibit H. KT Jacobs reports that this statement was drafted with assistance from the League of Minnesota Cities. See Exhibit N. g. At her investigative interview on August 25, 2022, KT Jacobs denied making the July 24 phone call to Justice Spriggs and again asserted that that call had been made by her husband’s niece. KT Jacobs added that she had not been present during the call, nor had she directed or encouraged her husband’s niece to make the call. KT Jacobs stated that she and her husband had decided not to make his niece available for an interview or to provide any contact information. When confronted with the name “Kathy Huff,” KT Jacobs responded that that was the name of her husband’s niece who had made the phone call. According to KT Jacobs, “Kathy Huff” is about 30 years old and has “low-level mental health issues.” See Exhibit N. h. This Investigator ran searches through three prominent people-finder aggregation sites (Truthfinder, Spokeo and Instant Checkmate). These searches revealed no 71 Item 9. - 6 - one named “Kathy Huff” in the specified age range (30) living in the Green Bay area. i. KT Jacobs was formerly married to Robert Huff. When confronted with that information, KT Jacobs explained that her current husband’s niece’s name is actually spelled “Hough” – she asserts that it is a coincidence that her ex-husband and her current husband’s niece have last names that are pronounced the same but spelled differently. See Exhibit N. But as noted above, the person who contacted Justice Spriggs on July 24, 2022 identified herself on the electronic form as “Kathy Huff”. See Exhibit A. 2. In her investigative interview, KT Jacobs reported discovering that, prior to the phone call to Justice Spriggs, “Kathy Huff” had used her phone to send a text message to arrange the call. KT Jacobs speculates that “Kathy Huff” had gained access to her phone and sent this text message while KT Jacobs was in the shower. See Exhibit N. KT Jacobs has not provided a screen shot or other evidence of that purported text message. The record shows that “Kathy Huff’s” initial contact with Justice Spriggs was through the volunteer form on his campaign website, not through a text message. See Exhibit A. 3. KT Jacobs reports that she was out shopping on the morning of July 24, 2022, during the time that “Kathy Huff” made her phone call to Justice Spriggs. She further reports that her husband was at work at Home Depot, leaving “Kathy Huff” alone in the house. KT Jacobs identifies multiple stores that she patronized that morning (Sam’s Club, Walmart, Target, Cub Foods, Caribou) but reports that she made all her purchases in cash and cannot provide any receipts or credit card records. KT Jacobs is also unable to identify any witnesses to vouch for her whereabouts that morning. See Exhibit N. 4. Notes on Justice Spriggs’ campaign a. KT Jacobs has provided a copy of notes that she had compiled regarding Justice Spriggs’ campaign for City Council, including platform positions cut and pasted from the campaign website. The notes are typewritten, with a handwritten phone number at the top and other handwritten information in various places on the first two pages. KT Jacobs reports that the phone number (Justice Spriggs’ number) is in her handwriting, while the remaining handwriting on the document is not. b. KT Jacobs reports that the campaign notes were on the desk in her office next to her phone while she was out shopping on the morning of July 24. KT Jacobs purportedly believes that “Kathy Huff” used the notes as a “script” for her call to Justice Spriggs. c. The number “10:43” is handwritten in the lower left corner of the first page of the document. This corresponds closely to the time when the call to Justice Spriggs was made (10:49 a.m.). No explanation has been provided why “Kathy Huff” 72 Item 9. - 7 - would write the time of the call on the corner of a document that KT Jacobs purportedly had left on her desk. d. Although the legibility of the other handwritten notes on the document is poor, one of those notes appears to read, “25% Afr. Dad 50% Mother White Grandfather 100%.” As previously discussed, Justice and Dan Spriggs report that the caller on July 24 had questioned Justice Spriggs’ identification as biracial. The platform positions copied into the document from Justice Spriggs’ campaign website mention that “Justice will bring a new, diverse voice to the City Council” – but, significantly, they do not specifically include Justice Spriggs’ biracial identification. According to KT Jacobs, “Kathy Huff” was visiting from out of state, and neither KT Jacobs nor her husband had had any discussions with her about Justice Spriggs or his City Council campaign. If in fact “Kathy Huff” was using KT Jacobs’ campaign notes as a script, no explanation has been provided as to how she would have obtained information about Justice Spriggs’ biracial identification or what reason she would have had to ask questions on that specific topic.3 See Exhibit O. 5. In June 2022, the City held a public forum for candidates in the upcoming City Council election. Dan Spriggs reports attending a viewing party for that event at Murzyn Hall, where he was seated in the back of the room. Dan Spriggs reports that KT Jacobs was at a table near the front of the room with a group of other people, where he could hear her making comments about how Justice Spriggs was not qualified for the City Council, including that he was not really biracial. These comments, as reported by Dan Spriggs, were similar to comments that he heard made by the caller on July 24. See Exhibit M. KT Jacobs confirms that she attended the viewing party and that she saw Dan Spriggs there as well. She recalls raising the concern – as she had in the past – that Justice Spriggs would be too busy for City Council business while completing medical school, but she denies saying anything about Justice Spriggs’ biracial identification. See Exhibit N. 6. Prior to the July 24, 2022 phone call, both Justice and Dan Spriggs had heard KT Jacobs speak at numerous City Council and committee meetings and other events. They both also heard the voice mail message that KT Jacobs left for Justice Spriggs on July 25. See Exhibit E. Based on this comparison, both Justice and Dan Spriggs are confident that the voice of the July 24 caller was KT Jacobs’ voice. See Exhibits L, M. 7. The City Council scheduled a special meeting on August 1, 2022 to consider authorizing an investigation into the allegations raised by Justice Spriggs at the July 25 community forum. On July 29, 2022, KT Jacobs submitted a letter to the other 3 Dan Spriggs reports that the caller on July 24 also criticized other Columbia Heights leaders, including Mayor Amada Marquez Simula, State Senator Mary Kunesh, and State Representative Sandra Feist. See Exhibit M. It seems highly unlikely that a relative of KT Jacobs visiting from out of state would voice strong opinions about those Minnesota political figures. 73 Item 9. - 8 - Councilmembers asserting that comments made by Mayor Simula on social media would “mak[e] an investigation seem to be an intentionally punitive action rather than a fact-finding process.” KT Jacobs requested that the Council “consider an immediate vote of censure.” In her investigative interview, KT Jacobs asserted that it was not her intention to avoid an investigation, but this is belied by the content of her July 29 letter. See Exhibit J. It is also noteworthy that KT Jacobs abstained from the vote authorizing this investigation, with all four of the other Councilmembers voting in favor. See Exhibit K. D. This Investigator finds that in her comments to Justice Spriggs during the July 24, 2022 phone call – particularly questioning his biracial heritage and then misidentifying herself – KT Jacobs failed to conduct herself in accordance with the City Council Code of Conduct. KT Jacobs further failed to meet the City’s reasonable expectations regarding respectful and professional communications. Finding No. 2: Based on a preponderance of the evidence, KT Jacobs has been untruthful regarding the July 24, 2022 phone call. Both prior to and during this investigation, KT Jacobs has repeatedly maintained that she did not make the July 24, 2022 phone call to Justice Spriggs. As discussed in detail above, based on a full consideration of the evidence in the record, it is more likely than not that KT Jacobs’ assertions regarding the July 24 phone call have been untruthful. This Investigator finds that by making these repeated untruthful statements – and in addition to her conduct during the phone call itself – KT Jacobs has failed to conduct herself ethically and in accordance with the City Council Code of Conduct. I am closing my file at this time but remain available to respond to questions or to provide further input. Regards, s/ Isaac Kaufman Isaac Kaufman Manager & Lead Investigator Red Cedar Consulting, LLC 22-20 74 Item 9. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE OCTOBER 10, 2022 ITEM: Approve Early Access Agreement and Related Agreements for City Hall Condo Buildout DEPARTMENT: Community Development BY/DATE: Aaron Chirpich – 10-7-22 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability X Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: On September 28, 2020 the City Council approved the sale of the redevelopment site located at 40th and Central Avenue to BPOZ, LLC. As part of the purchase and redevelopment contract, BPOZ agreed to construct a 21,000 square foot office condominium that will be conveyed to the City for the buildout of a new City Hall. The City Hall space will be delivered to the City in a condition referred to as “gray-shell.” The term gray-shell finish is used to describe a unit where the interior is mostly unfinished with just the basic utili ty connections stubbed into the space. To ensure the future delivery of the City Hall condo unit, and specific standards for the condition of the unit at the time of conveyance, the City has executed a transfer agreement with BPOZ, LLC. The transfer agreement functions much like a purchase agreement but is labeled as a transfer rather than purchase because the City has paid for the condo unit on the front end of the transaction by reducing the sale price of the development site. To complete the City Hall buildout, the City will act as general contractor. To this end, the City has approved and executed contracts with its subcontractors that will be completing the buildout. The construction of the City Hall condo unit is now substantially complete, and the physical space is ready to be conveyed to the City. However, due to unforeseen delays in registering the title, recording the final plat, and recording of the declarations for the condominium association, the City and BPOZ are unable to complete the conveyance of the City Hall condo unit. Rather than wait for all of the aforementioned background title work to conclude, the City desires to secure early access to the City Hall condo unit to commence the buildout of the space. To this end, staff have worked with the City’s general counsel, First American Title, and counsel for BPOZ to craft an Early Access Agreement and compile related ancillary documents. In summary, the agreement and the required secondary agreements, work to establish access rights, insurance requirements, and seek to insulate each party from mechanics liens generated by the opposite party. The ancillary agreements include an escrow and disbursing agreement, and separate indemnity agreement. The escrow and disbursing agreement will be made between the City and First American Title, and it will provide for oversight of all payments made to City subcontractors. The indemnity agreement is also between the City and First American Title, and it serves to provide a layer of protection to First American Title from the responsibility of removing/paying for mechanics liens created by City contracted work. A copy of all agreements is attached to this report for review by the Council. 75 Item 10. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2022-94, there being ample copies available to the public. MOTION: Move to approve Resolution 2022-94, a resolution approving Early Access Agreement with BPOZ, Columbia Heights, LLC for the buildout of the City Hall condo unit at the 40th and Central redevelopment site. MOTION: Move to approve the Construction Disbursing and Indemnity Agreements as presented subject to modifications that do not alter the substance of the transaction and that are approved by the City Manager. ATTACHMENT(S): Resolution 2022-94 Early Access Agreement Disbursing Agreement Indemnity Agreement 76 Item 10. CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2022-94 RESOLUTION APPROVING EARLY ACCESS AGREEMENT WITH BPOZ COLUMBIA HEIGHTS, LLC FOR THE BUILDOUT OF THE CITY HALL CONDO UNIT AT THE 40TH AND CENTRAL REDEVELOPMENT SITE BE IT RESOLVED by the City Council (“Council”) of the City of Columbia Heights, Minnesota (“City”) as follows: Section 1. Recitals. 1.01. BPOZ Columbia Heights, LLC, a Delaware limited liability company (“BPOZ”) is the developer of The Heights (“Project”), a mixed-use building condominium to be formed under Minnesota law consisting of 266 multifamily rental apartment dwellings and 21,256 sq. ft. of a grey-shell finish space (city hall) condominium units (individually, “Unit” and collectively “Units”) and related common elements to be constructed on property more particularly described on Exhibit A attached hereto and made a part hereof (the “Property”). 1.02. BPOZ and City have entered into that certain City Hall Transfer Agreement dated as of October 27, 2020 (the “Purchase Agreement”), for the purchase by City of one of the Units as more fully defined within the Purchase Agreement (“City’s Unit”). 1.03. BPOZ’s obligations under the Purchase Agreement include, among other things, filing of the condominium plat and condominium declaration (“Plat and Declaration”) which create the Units as separate legal parcels including City’s Unit which subsequently can be conveyed by deed and transferred to City at the Closing as contemplated by the Purchase Agreement. 1.04. Through no fault of BPOZ, the Plat and Declaration have yet to be recorded with Anoka County thus delaying the closing of the transfer of the City’s Unit to City. 1.05. City wishes to commence construction activity within the City’s Unit notwithstanding the fact that the Closing has not occurred, and the Plat and Declaration have not yet been filed. Section 2. Early Access Agreement Approval. 2.01 The Early Access Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the City Manager, provided that execution of the Agreement by such official shall be conclusive evidence of approval. 77 Item 10. - 2 - 2.02. The City Manager is hereby authorized to execute on behalf of the City the Early Access Agreement and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. 2.03. City staff and consultants are authorized to take any action necessary to carry out the intent of this resolution. Adopted by the City Council of the City of Columbia Heights this 10th day of October 2022. Offered by: _____________ Seconded by: ____________ Roll Call: _______________ Amáda Márquez Simula, Mayor ATTEST: Sara Ion, City Clerk/Council Secretary 78 Item 10. - 3 - EXHIBIT A TO RESOLUTION APPROVING EARLY ACCESS AGREEMENT Authority Parcels: Parcel 1 (Abstract and Torrens – Certificate of Title No. 142077): Lot 32, Block 6, Reservoir Hills, Anoka County, Minnesota. Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. The vacated alley adjacent to Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. Those parts of Lots 28 through 31, Block 6, Reservoir Hills; Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; and of the vacated alley adjacent to Lot 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; lying Southwesterly and Westerly of the following described line: Beginning at a point on the South line of Block 1, Walton's Rearrangement, said point being 18.00 feet West of the Southeast corner of Lot 23, of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the Northwest corner of said Lot 30 and there terminating. The following portion of the above description being registered land: That part of Lot Twenty-three (23), Block One (1), Walton's Rearrangement of Lots Thirty-three (33) and Thirty-four (34), Block Six (6), Reservoir Hills, lying southwesterly and westerly of the following described line: Beginning at a point on the South line of said Block 1, Walton's Rearrangement, said point being 18.00 feet West of the southeast corner of Lot 23 of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with said east line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the north line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the northwest corner of said Lot 30 and there terminating. Parcel 2 (Abstract): Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated alley abutting Block 1, “Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills”, as dedicated in said plat, lying within the following described tract: Commencing at a point on the south line of said Block 1, Walton's Rearrangement distant 18.00 feet west of the southeast corner of Lot 23, said Block 1, Walton’s Rearrangement; thence northerly on a line 18.00 feet west of and parallel with the east line of said Lot 23, a distance of 87.00 feet, to the actual point of 79 Item 10. - 4 - beginning of the tract to be described; thence continuing northerly on the extension of said line to the north line of Block 6, Reservoir Hills; thence westerly along said north line of Block 6, to a point being 47.23 feet easterly of the northwest corner of Lot 30, Block 6, Reservoir Hills; thence southeasterly, to the point of beginning; Excepting therefrom Tract A, Registered Land Survey No. 250, Anoka County, Minnesota. Parcel 3 (Torrens – Certificate of Title No. 142076): Tract A, Registered Land Survey No. 250, Anoka County, Minnesota. City Parcels: Parcel 4 (Torrens-Certificate of Title No. 116494): Tract B, Registered Land Survey No. 250, Anoka County, Minnesota. Parcel 5 (Abstract): Lots 24, 25, and 26, Block 6, Reservoir Hills. Lots 20, 21, and 22, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and all of the vacated alley adjacent to said Lots 20, 21, and 22. Those parts of Lot 27, Block 6, Reservoir Hills and of Lot 23, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of that part of the vacated alley abutting Block 1, “Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills”, as dedicated in said plat, which lies westerly of the northerly extension of the east line of Lot 23, said Block 1, lying easterly of the following described line: Beginning at a point on the south line of said Block 1, Walton’s Rearrangement, said point being 18.00 feet west from the Southeast corner of Lot 23 of said Block l, Walton's Rearrangement; thence northerly on a line 18.00 feet west of and parallel with the east line of said Lot 23, to the north line of said Block 6, Reservoir Hills. Excepting therefrom Tract B, Registered Land Survey No. 250, Anoka County, Minnesota. AND Parcel 6 (Torrens – Certificate of Title No. 115040): Lot 19, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. 80 Item 10. EARLY ACCESS AGREEMENT THIS EARLY ACCESS AGREEMENT (this “Agreement”) is made as of the _____ day of October, 2022, by and between BPOZ Columbia Heights, LLC, a Delaware limited liability company (hereinafter “BPOZ”), and City of Columbia Heights, a Minnesota municipal corporation (hereinafter “City”). RECITALS: A. BPOZ is the developer of The Heights (“Project”), a mixed-use building condominium to be formed under Minnesota law consisting of 266 multifamily rental apartment dwellings and 21,256 sq. ft. of a grey-shell finish space (city hall) condominium units (individually, “Unit” and collectively “Units”) and related common elements to be constructed on property more particularly described on Exhibit A attached hereto and made a part hereof (the “Property”). B. BPOZ and City have entered into that certain City Hall Transfer Agreement dated as of October 27, 2020 (the “Purchase Agreement”), for the purchase by City of one of the Units as more fully defined within the Purchase Agreement (“City’s Unit”). C. BPOZ’s obligations under the Purchase Agreement include, among other things, filing of the condominium plat and condominium declaration (“Plat and Declaration”) which create the Units as separate legal parcels including City’s Unit which subsequently can be conveyed by deed and transferred to City at the Closing as contemplated by the Purchase Agreement. D. Through no fault of BPOZ, the Plat and Declaration have yet to be recorded with Anoka County thus delaying the closing of the transfer of the City’s Unit to City. E. City wishes to commence construction activity within the City’s Unit notwithstanding the fact that the Closing has not occurred and the Plat and Declaration have not yet been filed. NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated into this Agreement and made a material part hereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Early Access for Construction. BPOZ hereby grants to City the right to access the City’s Unit and to commence construction on the interior of the City’s Unit subject to the following conditions: a. Prior to commencement of construction, City, at its sole cost and expense, must have applied for and received all governmental approvals and building permits required to commence construction of the interior of City’s Unit. b. Construction of City’s Unit must be in full compliance with the rules and regulations of The Heights Condominium Rules and Regulations being attached 81 Item 10. 2 hereto as Exhibit B and incorporated herein by reference. Specifically, City shall have obtained all consents and approvals, including architectural approval, as mandated by the Rules and Regulations. c. City shall provide to BPOZ proof of insurance for City and any and all contractors accessing the City’s Unit with limits no less than the following as set forth below, insuring all activity and conduct of contractors and all of contractors’ parties while exercising the right of access provided for in this Agreement. i. Commercial General Liability Coverage: Coverage of no less than $2,000,000.00 in the aggregate and $2,000,000.00 per occurrence. Such insurance shall be written on an occurrence basis, shall include a contractual liability endorsement that insures Contractor’s indemnity obligations hereunder, and shall name BPOZ (as well as all other persons or entities designated by BPOZ) as an additional insured. Prior to contractor or any contractor’s parties entering the City’s Unit, City will provide BPOZ with written evidence of the insurance required under this section. City shall be responsible for insuring its personal property and improvements made in the City’s Unit. d. Prior to commencement of construction activity, City agrees to place the electric utility service for the City’s Unit in City’s name. 2. “As-Is Condition. By accepting early access, City agrees to accept and take in its “as-is” condition the City’s Unit subject to any reasonable punch list items which may be agreed to between BPOZ and City being attached hereto as Exhibit C, which can be amended by mutual written agreement of the parties. 3. Indemnification. City shall indemnify and hold BPOZ and the BPOZ Parties harmless from and against any and all damages, demands, claims, losses, liabilities, injuries, penalties, fines, liens, judgments, suits, actions, investigations, proceedings, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any physical damage or personal injury or death caused by entry in the City’s Unit by City or City’s contractors resulting from activities while at the Project, excepting only loss in value resulting from City’s discovery of preexisting conditions of the Project. The foregoing indemnity shall survive the termination of this Agreement. 4. Restoration. If City or City’s contractors cause damage to any other part of the Project, excluding City’s Unit, City or City’s contractors shall promptly restore, repair and replace any construction, destruction, alteration or damage to the Project arising out of or related to the activities conducted under this Agreement as determined by BPOZ in its sole discretion. 5. Compliance, Safety and Security. City and City’s contractors shall take all reasonable precautions and comply with all applicable governmental statutes, ordinances, orders, directives, rules and regulations, in conducting the activities under this Agreement. 82 Item 10. 3 6. Mechanic Liens. City agrees to pay in full all of City’s contractors and materials suppliers so that no liens shall be filed against the City’s Unit or against the Project. City agrees to indemnify and hold BPOZ Parties, harmless from any and all mechanic lien claims that may be filed against the City’s Unit or the Project. BPOZ reserves the right to provide contractors doing work or otherwise contributing to improvements of the City’s Unit written notice that the improvements are not being made at BPOZ’s insistence and BPOZ reserves the right to post such notice and keep the same posted in a conspicuous place on or about the City’s Unit in satisfaction of the requirements of Minnesota Statute 514.08. 7. Notices. All notices, requests, consents, approvals or other communications under this Agreement shall be in writing and delivered by a nationally recognized overnight courier service which obtains delivery receipts (e.g., Federal Express), address as listed below or delivered by confirmed fax mail transmission or email transmission. To BPOZ: BPOZ Columbia Heights, LLC 80 South 8th Street, Suite 4155 Minneapolis, MN 55402 Attn: __________________ Email: _________________ With a copy to: Winthrop & Weinstine, PA 225 South 6th Street, Suite 3055 Minneapolis, MN 55402 Attn: __________________ Email: _________________ To City: City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Attn: __________________ Email: _________________ With a copy to: Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Boulevard, #400 Coon Rapids, MN 55433 Attn: Charles M. Seykora Email: cseykora@bgs.com 8. Governing Law. The laws of the State of Minnesota shall govern the construction, performance and enforcement of this Agreement. 9. Counterpart Execution; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. Either party may deliver its signature to the other via electronic transmission (such as in the form of a PDF), and any signature so delivered will be binding on the delivering party. 83 Item 10. 4 IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first above written. BPOZ Columbia Heights, LLC, a Delaware limited liability company By: Name: _______________________ Its: _________________________ City of Columbia Heights, a Minnesota municipal corporation By: Name: ________________________ Its: ___________________________ 2486531_1 84 Item 10. 5 EXHIBIT A Legal Description of the Property 85 Item 10. 6 EXHIBIT B Rules and Regulations 86 Item 10. 7 EXHIBIT C Punch List Items 87 Item 10. CONSTRUCTION DISBURSEMENT AGREEMENT FOR CITY’S FUNDS This Agreement is entered into October ________, 2022, by and between First American Title Insurance Company, a Nebraska corporation (“Escrow Agent”), and The City of Columbia Heights (“City”). RECITALS 1. City has entered into construction contracts (“Construction Contracts”) with the Contractors as described in Exhibit A (“Contractor”) pursuant to which Contractor has agreed to make certain improvements owned by City commonly known as the City of Columbia Heights’ new City Hall, located at _____________; 2. City will deposit funds with Escrow Agent from time to time to pay Contractor (“City’s Funds”). 3. City desires that Escrow Agent disburse City’s Funds to pay advances made under the Construction Contract, and the Escrow Agent is willing to do so on the terms set forth herein. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Escrow Agent is authorized and directed to disburse the City’s Funds to: a. Pay costs of construction of the improvements to be made to the Property pursuant to the Construction Contract. b. Obtain lien waivers and satisfactions of liens and other encumbrances, if any, pursuant to statements of amounts due, which must be approved by City. 2. Prior to each subsequent disbursement of the City’s Funds hereunder, Escrow Agent must be furnished the following items (collectively, the “Documents”) via email to Disbursing.mn@firstam.com: a. An updated City’s Sworn Construction Statement setting forth all contractors, subcontractors and material suppliers with whom contracts have been entered into, the amount of each contract, the amount paid-to-date, the amounts being requested, and the balances due. b. A Request for Payment document signed by Contractor (and approved by City) for the requested disbursement, along with written instructions to disburse the funds. 88 Item 10. 2 c. Sufficient funds to cover the requested disbursement. d. Sufficient funds to cover unpaid Escrow charges. e. Unconditional, up-to-date lien waivers from the previous draw for each Contractor satisfactory to Escrow Agent, including also lienable interests such as architects, engineers and surveyors. f. Invoices, affidavits, or substantiated evidence of payment to establish the cost or value of the items or improvements for which disbursement is to be or has been made. g. With the final draw request, an updated Sworn Construction Statement, inclusive of all change orders, together with full and final unconditional lien waivers from each Contractor for all work done and materials supplied for which payment has been made in full. 3. If documents are not satisfactory or are missing, Escrow Agent will advise City and Contractor. If the documents are supplied to the satisfaction of Escrow Agent and City, Escrow Agent will disburse directly to Contractor or other party identified in the relevant Request for Payment, the amounts shown therein; or if less, the amount approved by City. 4. Escrow Agent will order a search of the Anoka County records for the presence of any mechanics liens. The search and notification will be limited exclusively to mechanics liens and no other matters of title will be addressed. The search fee will be included in the draw fee. 5. Escrow Agent shall not be liable for interest on funds deposited with it. 6. No liability is assumed by Escrow Agent to City or any other party for protection against mechanic’s liens. 7. Escrow Agent will keep and maintain books and records in sufficient detail to reflect the disbursements made by it pursuant to this Agreement. City may during normal business hours examine the books and records of Escrow Agent pertaining to those disbursements. 8. The parties acknowledge that Escrow Agent shall not be responsible for creating, furnishing or reporting any IRS 1099 notices or filings for any payments it disburses under this Agreement for the parties. 9. The functions and duties assumed by Escrow Agent include only those described in this Agreement, and Escrow Agent is not obligated to act except in accordance with the terms and conditions of this Agreement. Escrow Agent does not insure that the improvement will be completed, that any improvement will be in accordance with the plans and specifications, or that sufficient funds will be available for the completion of improvements. Escrow Agent may conclusively rely upon any document believed by 89 Item 10. 3 Escrow Agent to be genuine and to have been signed or presented by the proper parties, consistent with reasonable due diligence on Escrow Agent’s part. 10. Escrow Agent shall not be responsible for any losses of documents or funds while such documents or funds are not in its custody. Documents or funds which are deposited in the United States mail shall not be construed as being in the custody of Escrow Agent. 11. It is anticipated that ____ draws will occur for the project. Escrow Agent shall be paid the sum of Five Hundred and 00/Dollars ($500.00) per draw request for its services under this Agreement. Escrow Agent reserves the right to charge additional fees should circumstances warrant. 12. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 13. This Agreement can be amended or modified only by a written Amendment signed by the parties hereto. 14. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. Facsimile copies hereof and facsimile signatures shall have the same force and effect as originals. 15. It is expressly understood that no title insurance or mechanic’s lien coverage is being provided by Escrow Agent in conjunction with this Agreement and that by entering into this Agreement, Escrow Agent is in no way agreeing to, modifying, expanding or extending any coverage(s) previously provided, if any. 16. Any notice required to be given to Borrower, Lender or Escrow Agent pursuant to this Agreement shall be via email or in writing and shall be deemed duly given (i) on the date of personal delivery, (ii) one business day following dispatch by Federal Express or equivalent, or (iii) three (3) business days after mailing certified mail, postage prepaid, return receipt requested, to the respective addresses of the parties set out below: FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company 121 South 8th Street, Suite 1250 Minneapolis MN 55402 Attn: Disbursing Department Disbursing.mn@firstam.com CITY ____________________________________ ____________________________________ 90 Item 10. 4 ____________________________________ 17. Any proceeding arising out of or relating to this Agreement may be brought in the courts of the state in which the Land is located. Each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding and waives any objection it may now or hereafter have to venue or convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this Agreement in any other court. FIRST AMERICAN TITLE INSURANCE COMPANY By: ____________________________________ CITY By: ___________________________________ Its: ________ . 91 Item 10. 5 EXHIBIT A (Sworn construction statement listing all Contractors) 92 Item 10. Reference Information Accepting Office / Agent First American Title Insurance Company National Commercial Services Property Address /Project Reference: _______________ File Number: NCS-____________-MPLS General Description of Project: The City of Columbia Heights City Hall INDEMNITY AGREEMENT I (Mechanics' Liens) I N T R O D U C T I O N THIS INDEMNITY AGREEMENT I (this "Agreement") is made and entered into as of October ______, 2022, by The City of Columbia Heights (such named Persons, along with any other Person who executes this Agreement, individually and collectively, the "Indemnitor") in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation, its affiliates, subsidiaries, and agents (collectively "First American"). R E C I T A L S: A. Indemnitor is the owner of, and/or has a material interest in, the Property or a transaction involving the Property. B. In connection with the Project, Construction of certain improvements has commenced or will commence on the Property. C. In connection with a contemplated transaction involving the Property, First American has been requested to issue one or more Title Policies in respect to the Property insuring against loss or damage by reason of Mechanics' Liens. D. In connection with future transactions, First American may issue one or more Title Policies insuring against loss or damage by reason of Mechanics' Liens. If First American, in its discretion, elects to issue a Title Policy for the Property, it will do so in material reliance on each of the covenants, agreements, representations, and warranties of Indemnitor set forth in this Agreement, and First American would not have issued a Title Policy but for such covenants, agreements, representations, and warranties of Indemnitor. NOW, THEREFORE, the parties hereto agree as follows: A G R E E M E N T: 1. DEFINITIONS: As used herein, the following terms shall have the following meanings: Construction: Any and all work, labor, services, construction, alteration, maintenance, repair, and/or placement or segregation of materials, whether heretofore or hereafter furnished, which may give rise to the right for liens to be filed against the Property under the applicable statutes and/or equitable principles of the State. Construction Costs: All costs, fees, expenses, and/or obligations for or in connection with the Construction. Effective Date: The date this Agreement becomes effective in accordance with Paragraph 3 below. Mechanics' Liens: All liens or rights to lien against the Property which attach or are claimed against the Property due to Construction. Person: A natural person, or an artificial person (including, without limitation, a corporation, partnership, limited liability company, trust, or other artificial person), as the context may require. Policy Date: The "Date of Policy" as indicated on Schedule A of a Title Policy. Project: The work or works of improvement generally described in the "General Description of Project" line of the Reference Information. Property: That certain real property as described on Exhibit A attached hereto and incorporated herein by reference. Property Owner: The City of Columbia Heights. Reference Information:The informational items indicated on the header of page one of this Agreement. State: The state, commonwealth, territory, or similar political subdivision in which the 93 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved Property is located. Title Policy(ies): Policy or policies of title insurance issued by First American with respect to the Property. 2. REPRESENTATIONS AND WARRANTIES. As of the Effective Date, Indemnitor represents and warrants to First American as follows: (a) except as otherwise previously disclosed in writing to First American, all Construction Costs currently due and owing have been timely paid; (b) the Property Owner has committed funds sufficient to pay all Construction Costs applicable to the Project; (c) except as otherwise previously disclosed in writing to First American, there are no Mechanics' Liens filed against the Property; (d) Indemnitor has no knowledge of any potential Mechanics' Liens that may be filed against the Property due to untimely payments of or disputes regarding Construction Costs. 3. EFFECTIVE DATE AND TERM. 3.1. Effective Date. The Effective Date of this Agreement shall be the earlier of the date First American issues or becomes contractually obligated to issue its Title Policy in connection with the Property. Where First American issues more than one Title Policy in connection with the Property, the Effective Date shall be the earliest Policy Date of the respective Title Policies. Indemnitor acknowledges and agrees that delivery of this Agreement by Indemnitor to First American shall not be deemed a commitment to issue a Title Policy for the Property. First American has no obligation or duty to Indemnitor, Property Owner, or any other person to accept this Agreement or, in the future, to issue a Title Policy for the Property solely by reason of this Agreement. 3.2. Term. Upon acceptance of this Agreement by First American as evidenced by__________, this Agreement shall remain in effect until the latest of (a) the expiration of the time period for filing any Mechanics’ Lien arising out of the Project (including any extensions of such time period that may occur as a result of tolling or stay), plus sixty (60) days, and (b) the full and final expungement of record (after the passage of any appeal periods) of any Mechanics’ Lien and/or lis pendens arising out of any Mechanics’ Lien that may be filed against the Property arising out of the Project, and (c) a final, non-appealable order resolving any action or proceeding (including nonjudicial actions such as mediation or arbitration) pertaining to any Mechanics’ Lien arising out of the Project. Notwithstanding the expiration or termination of this Agreement under the prior sentence, any obligation of Indemnitor to indemnify First American arising prior to the expiration or termination of this Agreement survives and remains in effect until satisfied by Indemnitor. Indemnitor acknowledges and agrees that First American may rely on this Agreement to issue a Title Policy at any time without notice to or further approval of Indemnitor. 4. MULTIPLE INDEMNITORS. 4.1. Joint and Several. If there is more than one Indemnitor under this Agreement, then all of the obligations contained in this Agreement shall be the joint and several obligations of each and every Indemnitor. Each Indemnitor shall be fully liable to First American even if another Indemnitor is not liable for any reason, including the failure of such Indemnitor to execute this Agreement. 4.2. Waiver and Release. First American has the right, in its discretion and without notice to or consent by Indemnitor, to (a) waive any provision of this Agreement as it relates to any Indemnitor, at any time or from time to time, without providing the same or similar waiver for the benefit of any other Indemnitor, and/or (b) release any Indemnitor from any or all obligations under this Agreement at any time or from time to time, without releasing any other Indemnitor. 5. INDEMNIFICATION OBLIGATIONS AND RELATED COVENANTS. 5.1. Payment of Construction Costs. Indemnitor covenants and agrees that Indemnitor shall cause all Construction Costs on the Property to be paid promptly and in full prior to the time for filing any Mechanics' Liens. 5.2. Indemnity. In addition to any other rights or remedies available to First American at law or in equity, Indemnitor agrees to pay, protect, defend, indemnify, hold and save harmless First American from and against any and all liabilities, claims, obligations, losses, costs, charges, expenses, causes of action, suits, demands, judgments, and damages of any kind or character whatsoever, including, but not limited to, actual attorneys' fees and costs (including appellate fees and costs) incurred or sustained by First American, and actual attorneys' fees awarded against First American, directly or indirectly, by reason of, relating to, or arising under any Title Policy relating to Mechanics' Liens, or in any other action at law or in equity under any theory of recovery as a result of the existence of Mechanics' Liens. For the avoidance of doubt, it is the intent of the parties that all loss, cost, or 94 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved expense relating to Mechanics' Liens will be borne by Indemnitor, and not by First American. 5.3. Duty to Notify First American. Indemnitor shall notify First American in writing if Indemnitor is in any manner notified or becomes aware: (a) of a claim or dispute which relates to Mechanics' Liens; (b) of the filing or commencement of any action at law or in equity or any judicial or non-judicial proceeding (including mediation or arbitration) relating to Mechanics' Liens; (c) that the Property Owner no longer has committed funds sufficient to complete the Project; and/or (d) of any untimely payments of or disputes regarding Construction Costs that 95 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved may give rise to a Mechanics' Lien. Indemnitor agrees to notify First American in writing of any such matter as soon as practicable, but in no event later than seven (7) days from Indemnitor's being notified or becoming aware of such matter. 5.4. Rights and Obligations. Indemnitor acknowledges and agrees that First American has a duty of good faith to its insured under any Title Policy. Therefore, upon the filing of any action at law or in equity or the assertion of any claim, cause of action, or judicial or non-judicial proceeding relating to Mechanics' Liens, or at any other time which First American deems it necessary to protect itself or its insured under a Title Policy in light of First American's duties, First American shall have the right, but not the obligation, (1) to take such action as First American deems necessary to protect its interests and those of its insured under any Title Policy, and/or (2) to require that Indemnitor, at Indemnitor's sole cost and expense, promptly do one or more of the following: (a) Cause a valid release of any Mechanics' Lien to be filed of record in the proper governmental office. (b) Cause to be recorded with respect to any Mechanics' Lien a bond releasing the Property from the effect of the Mechanics' Lien, should such bond be available and effective in removing the effect of such Mechanics' Lien from the Property as a matter of law. (c) In situations where affirmative legal action or proceedings at law or in equity are necessary to discharge, eliminate, or remove any Mechanics' Lien, cause counsel selected by First American to institute such action or proceeding as is necessary to discharge, eliminate or remove the Mechanics' Lien. Indemnitor may object to First American's choice of counsel for reasonable cause. Indemnitor agrees to cause such counsel to keep First American apprised as to the status of such action or proceeding, at no cost to First American. (d) If an action or proceeding concerning any Mechanics' Lien is instituted by a third party, cause such action or proceeding to be timely defended and resisted by counsel selected by First American, which counsel will protect First American and any and all insured(s) to whom First American may have potential liability as a result of the Mechanics' Lien. Indemnitor may object to First American's choice of counsel for reasonable cause. Indemnitor agrees to cause such counsel to keep First American apprised as to the status of such action or proceeding, at no cost to First American. (e) If the payment of a sum of money will discharge, eliminate, or remove the effect of any Mechanics' Lien as to the Property, pay such sum as is sufficient to discharge, eliminate, or remove the Mechanics' Lien in a manner legally sufficient to effect the release of the Mechanics' Lien of record, and deliver documents evidencing such payment to First American, in a form satisfactory to First American. (f) Take such action with respect to any Mechanics' Lien as First American authorizes Indemnitor in writing to undertake, provided that any such authority shall not be a waiver by First American to require Indemnitor at any time to comply with the foregoing subparagraphs of this Paragraph above, within ten (10) days of First American's written revocation of authority to take action other than that under any other subparagraphs of this Paragraph, and demand that Indemnitor comply with any other subparagraphs of this Paragraph. Indemnitor covenants and agrees to cooperate with First American and to act diligently and in good faith in connection with First American's rights under this Paragraph 5.4. 5.5. Interest. Indemnitor agrees that any sums which are actually advanced or incurred by First American pursuant to this Agreement or by its exercise of any rights hereunder shall be repaid by Indemnitor to First American within ten (10) days of Indemnitor's receipt of First American's written demand therefor, together with interest thereon at four percent (4%) above the prime rate as published in the Wall Street Journal as of the date such sum was first advanced by First American, and continuing until it is repaid in full, but in no event shall such rate of interest exceed the lesser of: (a) ten percent (10%) per annum, or (b) the maximum rate permitted by law in the State. 5.6. Determination of Coverage. Any determination of coverage by First American shall be conclusive evidence that the matter is within the Title Policy coverage as to Mechanics' Liens for purposes of this Agreement. Indemnitor acknowledges and agrees that Indemnitor has no right to participate in First American's coverage decisions. If First American accepts the defense of a matter within the Title Policy as to the Mechanics' Liens with a reservation of rights, then all costs, damages, expenses, and legal fees actually incurred by First American shall be deemed within the terms and obligations of Indemnitor under this Agreement even if the matter is subsequently determined by a court to not be within the Title Policy as to the Mechanics' Liens. 96 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved 6. REMEDIES. Indemnitor specifically acknowledges that upon any default by any Indemnitor under this Agreement, First American shall have the right to exercise any and all remedies available at law, in equity, or under this Agreement against any, some, or all of the Indemnitors, including but not limited to injunctive relief, specific performance, damages, self-help, and/or resort to any collateral held by First American to secure the obligations of Indemnitor under this Agreement. 7. SUBROGATION AND SUBORDINATION. Indemnitor hereby unconditionally grants to First American any and all rights of subrogation Indemnitor may have with respect to Mechanics' Liens. Indemnitor agrees to promptly execute any documents with respect to Mechanics' Liens or any other matter relating to this Agreement requested by First American with respect to such right of subrogation and to deliver same to First American. Indemnitor hereby subordinates any and all debts owed to any one Indemnitor from any other Indemnitor to the obligations owed to First American under this Agreement. Indemnitor acknowledges and agrees that First American is subrogated under its Title Policy to any obligations of Indemnitor that may be owed to First American's insured under such Title Policy, and nothing in this Agreement modifies, amends, replaces, or supersedes First American's rights under its Title Policy. 8. FINANCIAL INFORMATION. 8.1. Representations and Warranties Regarding Financial Information. Each Indemnitor represents and warrants to First American as follows regarding the financial information delivered with respect to such Indemnitor: (a) such financial statements are true, complete, accurate, and correct in all material respects; (b) such financial statements disclose all material financial information regarding Indemnitor; (c) such financial statements fairly and accurately present the financial condition and operations of Indemnitor; and (d) since the date of the financial statements as reflected thereon and the Effective Date, there has been no material adverse change in the financial condition of Indemnitor. 8.2. Covenants Regarding Financial Information. Should any Indemnitor be notified or become aware of any event which could be a material adverse change in the financial condition of such Indemnitor, then such Indemnitor shall provide written notice to First American as soon as practicable, but in no event later than seven (7) days after such Indemnitor is notified or becomes aware of such event. Upon request by First American, each Indemnitor further agrees to deliver to First American updated financial information. Each Indemnitor agrees that by delivery thereof, such Indemnitor shall be deemed to make all the same representations and warranties as to the updated financial information set forth above, except as otherwise disclosed in writing to First American concurrently with the delivery of the updated financial information. 9. WAIVERS AND RELATED COVENANTS. In the event that Indemnitor is not the Property Owner, Indemnitor understands and agrees that First American has no obligation to secure an indemnity from the Property Owner. Indemnitor agrees that the validity of this Agreement and the obligations of Indemnitor hereunder shall in no way be terminated, affected, limited, or impaired by reason of (a) the assertion by First American of any rights or remedies which it may have under any agreement or cause of action against any other Person (including but not limited to Property Owner); (b) First American's failure to exercise, or delay in exercising, any such right or remedy that First American may have against any other Person (including but not limited to Property Owner); (c) First American's failure to exercise, or delay in exercising, any right or remedy First American may have hereunder or in respect to this Agreement; (d) the commencement of a case under Title 11 of the United States Code and/or any similar State insolvency or creditors' rights laws by or against any Person (including but not limited to Property Owner); or (e) Indemnitor's ownership interest in the Property or lack thereof. Indemnitor further covenants that this Agreement shall remain and continue in full force and effect as to any Title Policies issued at any time by First American with respect to the Property and that First American shall not be under a duty to protect, secure, or enforce any rights it may have under any indemnity agreement or any other right against any third party, and that other indulgences or forbearances may be granted under any or all of such documents, all of which may be made, done or permitted without notice to, or further consent of, Indemnitor. First American may, at its option, proceed directly and at once, without notice, against any Indemnitor to collect and recover the full amount of the liability hereunder or any portion thereof, without proceeding against the Property Owner or any other Person. Indemnitor hereby waives and relinquishes (f) any right or claim of right to cause a marshaling of any Indemnitor's assets; (g) all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogation which Indemnitor may have, provided that the assurances and obligations provided for hereunder shall not be contingent upon the existence of any such rights of subrogation; (h) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (i) presentment for payment, demand of payment, protest or notice of nonpayment or failure to perform 97 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved or observe, or other proof, or notice or demand; (j) any defense based upon an election of remedies by First American, including without limitation an election to proceed in a manner which has impaired, eliminated or otherwise destroyed Indemnitor's rights of subrogation and reimbursement, if any, against the Property Owner or any third party; (k) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; (l) the defense of the statute of limitations in any action hereunder or in any action for the collection or performance of any obligations covered by this Agreement; (m) and any duty on the part of First American to disclose to Indemnitor any facts First American may now or hereafter know about the Property Owner, since Indemnitor acknowledges that Indemnitor is fully responsible for being and keeping informed of the financial condition of the Property Owner and of all circumstances bearing on the risk of nonperformance of any obligations covered by this Agreement. 10. NOTICE. Any notices, demands or communications under this Agreement between Indemnitor and First American shall be in writing, shall include the Reference Information, and may be given either by commercial overnight delivery service, or by mailing via first-class United States certified mail, postage prepaid, return receipt requested. Any such notice, demand, or communication must be addressed to each party as set forth on the signature page of this Agreement. If the address for First American is not completed on the signature page, notice to First American shall be given to First American's office for the State. All notices given in accordance with the requirements in this Paragraph shall be deemed to be received as of the earlier of (a) actual receipt by the addressee thereof, or (b) the expiration of five (5) business days after depositing same with the commercial overnight delivery carrier or the United States Postal System, as applicable. 11. MISCELLANEOUS. 11.1. No Waiver. No delay, error, or omission by First American in exercising any right or power under this Agreement shall impair any such right or power or be construed as a waiver thereof. A waiver by First American of a breach of any of the covenants, agreements, restrictions, obligations, or conditions of this Agreement with respect to the Indemnitor shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, obligations or conditions under this Agreement. No waiver of any of First American's rights or powers under this Agreement is effective unless in writing and executed by First American. 11.2. No Third Party Beneficiaries. This Agreement is only between Indemnitor and First American, and is not intended to be, nor shall it be construed as being, for the benefit of any third party. 11.3. Partial Invalidity. If any term, provision, condition, or covenant of this Agreement or the application thereof to any party or circumstance is held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 11.4. Modification or Amendment. Any alteration, change, modification, amendment, or supplement to this Agreement or any documents incorporated herein, in order to become effective, can only be made by written instrument executed by all parties hereto. 11.5. Execution in Counterpart. This Agreement and any alteration, change, modification, amendment or supplement to this Agreement may be executed by Indemnitor in several counterparts, and as so executed, will constitute one agreement binding on all Indemnitors, notwithstanding that all Indemnitors are not signatories to the original or the same counterpart. Any signature page may be detached from its counterpart and attached to another counterpart so as to form one complete document. Counterparts executed and delivered by electronic means, including but not limited to facsimile or portable document format (PDF), shall be fully effective and binding and shall constitute originals. 11.6. Qualification; Authority. Each natural person executing this Agreement on behalf of an Indemnitor which is an artificial person represents, warrants, and covenants to First American that (a) such artificial person is duly formed, in good standing, and authorized to do business in the State, (b) such natural person is duly authorized to execute and deliver this Agreement on behalf of such artificial person in accordance with authority granted under the organizational documents of such artificial person, and (c) such artificial person is bound under the terms of this Agreement. 98 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved 11.7. Merger of Prior Agreements and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding and agreement between the parties relating to the obligations of the parties with respect to Mechanics' Liens, and all prior or contemporaneous agreements, understandings, representations, warranties, and statements, whether oral or written, shall be of no force or effect. 11.8. Jurisdiction and Venue. Indemnitor hereby submits to the personal jurisdiction of any state or federal court of First American's choosing having subject matter jurisdiction with respect to this Agreement, and Indemnitor waives any objection to venue therein should any action at law or in equity be necessary to enforce or interpret this Agreement. If any action at law or in equity is necessary to enforce or interpret this Agreement, then the prevailing party in such action shall be entitled to recover from the other party the prevailing party's actual attorneys' fees and other expenses incurred in connection with such action or proceeding in addition to its actual court costs. 11.9. Other. This Agreement is to be interpreted according to the laws of the State and is to be construed according to its fair meaning. All parties contributed materially to the preparation and negotiation of this Agreement, and this Agreement is not to be construed against any party. Titles and captions in this Agreement are for convenience only and are not part of the substance of this Agreement. The introduction, recitals, and Reference Information set forth hereinabove are all incorporated into this Agreement as material and essential terms of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number will each be deemed to include the others wherever and whenever the context so dictates. This Agreement inures to the benefit of and binds the personal representatives, successors, heirs, and assigns of the parties hereto. 12. SECURITY. Indemnitor has provided or will provide security for this Agreement to First American as follows: [ X ] None at this time [ ] Letter of Credit Agreement w/ Sight Draft [ ] Security Agreement* (Cash) [ ] Control Agreement [ ] Security Agreement* (Non-Cash) [ ] Deed of Trust / Mortgage / Security Deed [ ] Security Agreement** (Other) [ ] Other: (Note: If security is to be taken, additional forms must be executed. Please be advised that additional documents may be needed to perfect a security interest. Please follow directions on said forms as to additional requirements or consult your local underwriter.) A breach by an obligor, pledgor or debtor under any of the foregoing documents as well as any documents which may be referenced in such documents shall be deemed a breach by Indemnitor under this Agreement. Unless otherwise agreed in writing, any sums held by First American as security may be held by First American in its general accounts and not deposited into an interest bearing account. Indemnitor understands that as a result of maintaining its accounts with a financial institution and its on-going banking relationship with the specific financial institution, First American may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the financial institution ("collateral benefits"). Indemnitor agrees that any and all such collateral benefits belong solely to First American and First American has no obligation to account to Indemnitor for the value of any such collateral benefits. If the funds are deposited into a special interest bearing account, all such interest will be added to and retained in the account as part of the security for First American. Any such interest earned will be attributed for tax purposes to the Indemnitor depositing same. 13. ESTOPPEL. NOTWITHSTANDING ANY POSSIBLE DIFFERENCE IN THE PARITY OF THE PARTIES HERETO, INDEMNITOR UNDERSTANDS THAT FIRST AMERICAN IS UNDERTAKING A RISK SIGNIFICANTLY GREATER THAN THAT UNDERTAKEN IN THE NORMAL COURSE OF PROVIDING TITLE INSURANCE POLICIES AND RELATED SERVICES BY ENTERING INTO THIS AGREEMENT AND ISSUING POLICIES OF TITLE INSURANCE IN RELIANCE ON THIS AGREEMENT AND EACH AND EVERY ONE OF THE COVENANTS, AGREEMENTS, REPRESENTATIONS, AND WARRANTIES OF INDEMNITOR CONTAINED HEREIN. THEREFORE, INDEMNITOR HEREBY DECLARES ITS WILLINGNESS TO ENTER INTO THIS AGREEMENT AND TO INDUCE FIRST AMERICAN TO ACCEPT 99 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved THIS AGREEMENT, REALIZING THAT INDEMNITOR'S BEST INTEREST, IN THE OPINION OF INDEMNITOR, IS BEING SERVED THEREBY. [Signature page follows] * Requires a UCC Financing Statement to be executed and filed. ** May require a UCC Financing Statement to be executed and filed. 100 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved File number: NCS-_______-MPLS NOTICE: THIS AGREEMENT CONTAINS PROVISIONS WHICH PERSONALLY OBLIGATE INDEMNITOR. IT IS STRONGLY RECOMMENDED THAT INDEMNITOR CONSULT LEGAL COUNSEL PRIOR TO EXECUTING THIS AGREEMENT. INDEMNITORS: THE CITY OF COLUMBIA HEIGHTS ___________________________ By: ________________________ Its: ________________________ Notice Address: ___________________________ ___________________________ ___________________________ ADDRESS FOR NOTICE TO FIRST AMERICAN: (If this information is not completed, please see Paragraph 10.) Notice Address: 121 South 8th Street, Suite 1250, Minneapolis, MN 55402 101 Item 10. Revised July 1, 2014 © 2014 First American Title Ins. Co. All Rights Reserved EXHIBIT A DESCRIPTION OF PROPERTY File Number: NCS-_____________-MPLS Site Address: ____________. Description of Property: The Columbia Heights City Hall Unit to be described as [City Hall Unit] per Plat __________. 102 Item 10. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE OCTOBER 10, 2022 ITEM: Clarify for the record, the budget appropriation for city hall construction project 1911 DEPARTMENT: Finance BY/DATE: Joseph Kloiber, Finance Director/Oct 5, 2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _ Economic Strength _ Excellent Housing/Neighborhoods _ Equity and Affordability X Strong Infrastructure/Public Services _Opportunities for Play and Learning X Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: This council action is not required. Staff only recommends the motion below to improve transparency about the process by which the funding and construction of the new City Hall was authorized, especially for members of the public that are not familiar with the City’s financial processes and procedures. The City Charter stipulates that all expenditures must have sufficient resources budgeted. This is accomplished by the city council adopting a resolution that appropriates the necessary resources to a “Fund” used to track the use of the resources. Once a budget resolution is adopted, there are certain restrictions on increasing the Fund or transferring the resources to other Funds. Changes to the specifics of how the budgeted activity is carried out generally do not require additional city council action however, provided the activity does not exceed the amount of the budget and the activity is consistent with the purpose of the Fund. To apply these Charter requirements, the City has a policy of distinguishing between appropriations for annual operating budgets which expire at the end of the fiscal year, and appropriations for capital project budgets which remain in force until the project is completed or abandoned. By resolution 2018-95, the city council appropriated both an annual operating budget for 2019 and a capital project budget of $10,000,000 for construction of a new city hall – numbered as project 1911 within the Governmental Buildings Fund 411. Between the adoption of that project budget using 2018 data and the project’s ultimate form as contracted for in 2022, several significant changes occurred from the initial vision of the project. These changes include among other things: On a different site No external borrowing A condominium unit attached to an apartment complex, rather than a free-standing building No Murzyn Hall updates within this project Despite these and other significant changes, for the Charter and policy reasons described above, a new or additional budget resolution for project 1911 has not been required, as the project still nonetheless remains a city hall of the original planned square footage within the original dollar amount budgeted. 103 Item 11. City of Columbia Heights - Council Letter Page 2 Of course, as a practical matter, the city council and public were apprised of the various plan changes as they occurred from 2018-2022, even though a new or additional budget resolution was not required during that time. In the fact, numerous contractual agreements and informational updates for this project were reviewed in detail and approved by the city council at its public meetings, including the final design for the project at 3989 Central Ave NE. Lastly, we refer those interested to the attached excerpt from the 2019 City Managers Budget Message, published August 2018 in support of resolution 2018-95. This clarifies that the initial adoption of the $10,000 project budget was understood to only authorize the funding of the project and not to limit the project to the specific site or building plan favored at the time the budget was adopted. It states those project specifics were to instead be set by subsequent council actions. Ultimately, those subsequent actions were in the form contracts awarded for the project in 2020-2022. RECOMMENDED MOTION(S): MOTION: Move to clarify for the record, that the budget appropriation originally established by city council Resolution 2018-95 for the city hall construction project 1911 still applies to the project in its current form as a condominium located at 3989 Central Avenue NE. ATTACHMENT(S): Excerpt from 2019 City Manager’s Budget Message Copy of most recent cost estimates -Project 1911 104 Item 11. CITY OF COLUMBIA HEIGHTS CITY MANAGER’S 2019 BUDGET MESSAGE The 2019 rates under resolution 2015-98 provide for a 3.5% rate increase over 2018, for each of the four utility funds. Based on the staff report above, the proposed 2019 budget retains that 3.5% rate increase for sewer, storm water, and refuse; but provides for a 6.5% increase in the water rate. In terms of dollar effect, the 2019 rates under resolution 2015-98 increase the combined average quarterly residential bill by $8.22. The proposed 2019 budget, by further increasing the water rate, adds an additional $2.79 to the average quarterly residential bill. A key long-term issue within the utility funds is that past annual rate increases have been equal to or only slightly greater than the general rate of inflation. This practice has only been adequate for the operating costs of the utility funds. The cost of replacing the City’s utility infrastructure has increased significantly more than the general rate of inflation, and will continue to do so, due to the age of the infrastructure. This issue has caused several infrastructure projects to be deferred beyond the date at which engineering standards advise replacement. Governmental Buildings Fund The 2017 city council goals report established the objective of completing a master plan for city hall. The architect’s report on various options under that plan was completed and issued to the City Council in 2018. As a next step under this city council objective, the 2019 budget includes the most popular option under that plan. In broad terms, this option includes the following sources and uses: Existing New Fund Balance GO Bonds Construct new city hall next to Murzyn Hall $6,000,000 $2,000,000 Update Murzyn Hall and connect to city hall - 2,000,000 Financing costs - 100,000 Note, by adopting a budget with this item in it, the Council neither authorizes construction contracts, nor authorizes issuance of bonds. Those steps require significant separate Council actions and have specific additional public notice requirements. Further note, using this particular option as a “placeholder” in the 2019 budget, does not prevent the city council from ultimately choosing some other option, or combination of options, under the master plan for city hall. In Conclusion As proposed, I judge that the 2019 budget and levy supports the vision and objectives of the City of Columbia Heights’ 2017 goals report, and is feasible within the constraints of the City of Columbia Heights’ five-year financial plan. As always, I want to thank the city finance director, Joe Kloiber, and the finance staff, for their dedication in delivering insightful analysis of the City’s financial position, both as it is now and for the next five years. Walter R. Fehst, City Manager 105 Item 11. 1911 Leo A Daly (LAD) CM:Doran Special Projects (DSP) DATE:10/7/2022 PERMITS /OWNER COST/ OFF SITE COSTS 2.01 2019/20 Costs expensed to project (prior to closing)50,000$Attorney fees / LAD scoping 2.02 Off Site Development Costs 10,000$Fiber Optic / connections 2.03 Plan Review -$Calc based on value 2.04 Building Permit 50,100$Calc based on value 2.05 SAC & WAC Charges -$Developer SUBTOTAL:110,100$ FEES/SERVICES/BUDGETS 3.01 Architectural Fee -335,500$LAD 3.01a Arch Change Order 108,380$CO #1 3.02 Architectural Reimbursable N/A 3.03 Civil Engineering Fee N/A 3.04 FF&E Design N/A In 3.01 3.05 Technology Design 39,670$Finepoint 3.06 Security Assessment Consultant -$alt source 3.07 Pre Construction Services 15,000$ 3.08 General Conditions 294,159$ 3.08a Construction Manager Fees 202,700$ 3.09 Construction Manager Reimbursable 48,375$ 3.10 Site Survey -$ 3.11 Soil Investigation -$ 3.12 Construction Testing -$ 3.13 Blueprinting -$in CM fees 3.14 Bond Finance/Issuance Costs -$ 3.15 Insurance - Builders Risk 4,000$ 3.16 Legal, Etc.-$ 3.17 Relocation / Transportation Costs 5,000$TBD 3.18 Rap Consultant -$ SUBTOTAL:1,052,784$ CONSTRUCTION COSTS 4.01 Interior Build-out (Base)5,791,000$Initial and rebid 4.02 Exterior upgrades (Alatus)421,000$Alatus Dev Agreement 4.03 Garage Vestibule 92,044$Updated - Alatus/City install 4.04 Sidewalk snow melt system 167,116$Alatus/City (in 4.01) installed 4.05 Generator -$in 4.01 4.06 Conduit/wall penetrations 29,850$Additional Conduit for City FO access SUBTOTAL:6,501,010$ FURNITURE / EQUIPMENT / TECHNOLOGY 5.01 Furniture Fixtures & Equipment- General 676,008$Fluid updated pricing 06/23/2022 5.01a Office Chairs 34,000$TBD 5.02 Technology (A/V, Servers, PC's, displays, phone)215,000$Network switch, PC's, server, displays 5.02a Tech building conduit 29,843$conduit routing and ext wall penetrations. 5.03 Appliances 15,000$ 5.04 Copiers (main, multi-function, engineering)38,000$ 5.06 5.07 5.08 SUBTOTAL:1,007,851$ CONSTRUCTION CONTINGENCY 6.01 Construction Contingency 289,550$5% of base construction 6.02 Owner Contingency -$ SUBTOTAL:289,550$ TOTAL ESTIMATED COSTS:8,961,295$ CITY OF COLUMBIA HEIGHTS - NEW CITY HALL CURRENT COST ESTIMATES PROJECT NO: ARCHITECT: 106 Item 11. CITY COUNCIL MEETING AGENDA SECTION FOR BUISNESS MEETING DATE 10/10/2022 ITEM: Consideration of a Rental License Exemption for 4832 West Upland Crest DEPARTMENT: Community Development BY/DATE: Mitchell Forney 10/6/22 CITY STRATEGY: _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength XExcellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: On September 29th the owner of 4832 West Upland Crest, reached out to the Community Development Department requesting an exemption from the single-family rental moratorium. Attached is the letter that staff received. Section 2 of Ordinance 1678, which established the single-family rental moratorium, states that “The City may make exception for any application in individual cases in the event that extreme f inancial hardship as determined by the City in its sole discretion .” As it is the homeowners right to appeal to the council. Staff have brought forth the appeal along with supporting documents for discussion and review. In summary of the attached letter, the owner is claiming financial hardship due to military service. The owner’s partner has been stationed in San Diago with the Navy, forcing them to temporarily relocate for approximately 4 years. The attached letter further explains the owner’s situation. Staff are required to note that the Property owner also owns a single-family home in Andover and a duplex in Fridley. The owner has given staff the explanation that the house in Andover is their cabin while the duplex is an investment property. If the owner is available to attend, they can further explain the use of these properties. If the council approves a rental density cap like the one presented earlier this year the home in question will be able to receive a rental license at the end of the moratorium. The block that the residence is located on, and the residential blocks around this area have very few single-family rental properties. If approved resolution 2022-95 would grant a temporary rental license exemption to the homeowner with a few additional requirements. The homeowner is required to complete the license application process within 3 months from the passage of the resolution. This puts a limit on how long they can take to bring the house into rental compliance if needed. The temporary rental license will be valid for one year from the date that the license is approved. This provides the homeowner and tenant the ability to rent the home for a full one-year lease. After the term of the temporary license the license will be revoked without the ability to renew. The homeowner will then have to apply for a traditional rental license . At this time the moratorium and all of its changes shall be in effect and the traditional license application will be subject to any limitations and requirements adopted to the code. The resolution clearly states that by giving the homeowner a temporary license, in no way is the City ensuring that a traditional license shall be given or available after the revocation of the temporary license. 107 Item 12. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution No. 2022-95, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2022-95, a resolution approving the single-family rental exemption request for the rental application at 4832 West Upland Crest, Columbia Heights, MN 55421. ATTACHMENT(S): 1. Resolution 2022-95 2. Letter from The Home Owner 3. Letters from Neighbors 4. Ordinance 1678 108 Item 12. City Council Resolution 2022-95 RESOLUTION NO. 2022-95 A RESOLUTION APPROVING SINGLE FAMILY RENTAL EXCEMTPTION REQUEST FOR THE RENTAL APPLICATION AT 4832 WEST UPLAND CREST, COLUMBIA HEIGHTS, MN 55421 BE IT RESOLVED BY the City Council (the “Council”) of the City of Columbia Heights, Minnesota (the “City”) as follows: WHEREAS, on August 22nd, 2022, the Council approved ordinance 1678 which established a moratorium on new rental license applications, for single-family homes, throughout the City; and WHEREAS, Ordinance 1678 establishes that the City may make exception for any application in individual cases in the event that extreme financial hardship as determined by the City in its sole discretion; and WHEREAS, the City has received a request from the owner of 4832 West Upland Crest, Columbia Heights, MN 55421 to make an exception for the property and allow a new rental license to be issued; and WHEREAS, through review, the City finds that not allowing a new single-family rental license would cause the homeowner extreme financial hardship. NOW, THEREFORE BE IT RESOLVED, the City does hereby approve the exemption request for 4832 West Upland Crest, Columbia Heights, MN 55421, allowing the homeowner to apply for a temporary one-year rental license, with the addition of the following requirements. 1. The owner of 4832 West Upland Crest, Columbia Heights, MN 55421 must apply for and complete the licensing process, to receive the temporary license, within 3 months of the passage of this resolution. 2. The temporary rental license shall be valid for the period of one year after the date that the license has been approved. 3. After the one-year term of the temporary license, the rental license will be revoked, and the property owner must apply for a traditional rental license to continue to operate the premise as a rental, renewal of the temporary license is prohibited. 5. This resolution does not guarantee the homeowner will receive a rental license after the one-year temporary license, and any application for a license after the single-family rental moratorium shall be subject to the regulations in place at the time of the application. 109 Item 12. City of Columbia Heights - Council Resolution Page 2 ORDER OF COUNCIL Passed this 10th day of October, 2022 Offered by: Seconded by: Roll Call: Mayor, Amáda Márquez Simula Attest: Sara Ion, City Clerk/Council Secretary 110 Item 12. RE: Request for Variance of Ordinance 1678 City Residents: Lt. Joel Bartlett & Kevin Bumgardner Location: Near Fairway Drive and W Upland Crest Dear City Council and Community Development Staff: Kevin has been a resident of Columbia Heights since 1999 and Joel joined him in 2007. We are now in our 2nd house in Columbia Heights (we moved 5 doors down) purchased in 2013. We understand the concerns that have led to the decision for Ordinance 1678. However, we are requesting a variance in that our situation is different and separate from the actions that would otherwise convert single-family homes to rentals; and mostly, because it is posing a significant hardship for our family. In March of 2022, Joel was accepted into the US Navy! This is a four year Active Duty commitment with a relocation to San Diego, California (see attached orders). Our plan has been to rent out our home during his Active Duty and then return to our home and neighborhood where we have many great neighbors and friends! Thus, it is only a temporary rental situation. When we made the decision to apply for the Navy position, late 2021 and won the position in early 2022, the moratorium wasn’t a topic we were aware of to be concerned about. Since Joel’s acceptance into the Navy, we have been preparing like crazy for this big life change. In addition to the professional preparation, managing family affairs (I mage my elderly parents affairs), finding housing, and downsizing; we have been preparing our home for rent, we put many of our personal belongings into storage (not cheap either) and we’ve been completing repairs (you know, the ones that a homeowner puts up with but should be done for a tenant) with the last project being new carpet to be installed October 13th; it was ordered before we learned of Ordinance 1678. Finally reaching the point were we felt we’d be able to present a quality rental, on September 28 Kevin called the Community Development Office to request a rental license. That’s when we were informed of the recent moratorium. We are surprised and concerned to hear the news. As we couldn’t secure a spot on base, we had to rent an apartment; and San Diego is expensive! The Navy stipend does not cover the cost of our apartment which is over $4,000 a month…ouch. Add on to that, we are expecting a significant reduction to Kevin’s income as working remote doesn’t work well for his profession. So it is important that we rent our home to offset new expenses and loss of income. Ordinance 1678 is causing us a significant stress and financial hardship. It is increasing our expenses to manage a vacant home, increasing our stress of leaving a home vacant and all the risks that adds, and of course the loss of potential rental income. Please do not ask us to sell our home, we love our neighbors, our location, and we have been making a significant investment in improvements to our home so that we can age in place and retire here. Thank you for your kind consideration! Respectfully, Kevin & Joel 111 Item 12. To: Columbia Heights City Council RE: Joel & Kevins exception to ordinance 1678 I live next door to Joel and Kevin and understand that they are seeking an exception to ordinance 1678. They have been great neighbors and have great respect for their home and neighborhood. I believe they will exhibit the same respect and care when finding quality rental tenants for the time that they are not able to live in their home. I do not have any reservations about their request for an exception to ordinance 1678 Thank you, Mary Zahorsky PCC, CDS 112 Item 12. 113 Item 12. 114 Item 12. 115 Item 12. 116 Item 12. 117 Item 12.