HomeMy WebLinkAboutMarch 8, 1999OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MARCH 8, 1999
1. CALL TO ORDER/ROLL CALL
Mayor Peterson called the Council Meeting to order at 7:00 p.m Present were Mayor Peterson
and Councilmembers Szurek, Jolly and Wyckoff.
2, PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
The Public Works Director requested the removal of 4-A-16 "Resolution No. 99-20 Being a
Resolution Ordering Improvements for the 1999 Storm Water Improvements" He advised there
had been considerable interest expressed in this matter and felt it should be considered later in the
meeting to accommodate any late-arriving residents.
4. 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
next order of business.)
A. Motion by Wyckoff, second by Jolly to approve the consent agenda as follows:
1) Minutes of Approval
The Council approved the minutes of the February 22, 1999 Regular Council Meeting as
presented.
2) Acknowledgment of Applications for City Council Vacancy
The Council acknowledged the applications for the Council vacancy received from the
following residents: Thomas W. Ramsdell, Kenneth P. Stumpf, Laura S. Lindahl, Roger
A. Peterson, Robert C. Buboltz, James P. Johnson, John A. Hunter, Scott D. Neimeyer,
Dolores P. Strand. Eric Kjos, Damon M. Powers, Gary Larson, Doug Hill, Ted Landwehr,
Kathy Hofstedt, Robert Barnick, Barbara Gertsema and Rick Johnson
3) Approval of Costs Associated with Attendance at Explorer Conference
The Council authorized the attendance of two Explorer advisors and six police Explorers
at the 1999 State Law Enforcement Explorer Conference April 22-25, 1999, at Breezy
Point, Minnesota, with costs to be covered out of the 1999 Police Department budget.
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MARCH 8, 1999
PAGE 2
4) Resolution No. 99-18 Being a Resolution Authorizing Acceptance of State Grant and
Appropriation of Matching Funds
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 99-18
WHEREAS, the Columbia Heights Police Department has been granted $10,305 in a
grant from the State of Minnesota Department of Economic Security for a grant entitled
"Minnesota Juvenile Accountability Incentive Block Grant," in order to pay the costs of
Project Safety Net and for supervision of graffiti cleanup, and,
WHEREAS, a condition of the gram is that the City provides $1,145 in a local match for
this grant, and,
WHEREAS, the Columbia Heights Police Department has been successful in obtaining
this grant for the period of January 1, 1999, to December 31, 1999,
NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into a
cooperative agreement with the Minnesota Department of Economic Security for the
project entitled "Minnesota Juvenile Accountability Incentive Block Grant for the period
from January 1, 1999, to December 31, 1999, that the City Manager and Mayor are
hereby authorized to execute such agreements and amendments as are necessary to
implement the project on behalf of the City of Columbia Heights.
Passed this 8th day of March, 1999.
Offered by: Wyckoff
Seconded by: Jolly
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
5) Amend Authorization for Community Development Copier
The Council approved the purchase of a Panasonic Model 7750S2 copier from Technifax
Business Systems, Inc. based upon their qualified, responsible bid in the amount of
$6.078.00 plus tax with funds to be appropriated from the Capital Equipment
Replacement Fund and also authorized the City Manager to enter into an agreement for
the same.
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MARCH 8, 1999
PAGE 3
6) Selection of Consultant for Master Plan
The Council awarded the contract for the Master Redevelopment Plan for downtown
Columbia Heights to SRF Consulting Group, Inc. based on their qualified, responsible bid
in the amount of $43,942 dated February 16, 1999, plus an additional $2,000 in
contingency funds to be appropriated from 201-42400-3050 and also authorized the
Mayor and City Manager to enter into agreement for the same.
7) City of Hilltop Agreement for Inspection Services
The Council approved an Agreement for Plan Review and Inspection Services with the
City of Hilltop and also authorized the Mayor and City Manager to enter into an
agreement for the same.
8) Municipal Space Needs Study
The Council authorized staff to seek RFP's for a space needs study for all City municipal
buildings.
9) Establish Hearing Dates - License Revocations, Rental Properties
The Council established a hearing date of March 22, 1999 for revocation or suspension of
a license to operate a rental property within the City of Columbia Heights against Steven
Efterfield at 3807 Tyler Street.
The Council established a hearing date of March 22, 1999 for revocation or suspension of
a license to operate a rental property within the City of Columbia Heights against
Katherine Crosby at 1162-1164 Cheery Lane.
10) Transfer of Funds from General Fund to Police Department Overtime Fund
The Council authorized the transfer of $5,016, the total amount received from Norwest
Bank for off duty security work, from the General Fund to the Police Department's 1999
budget under line # 1020, police overtime.
11) Transfer of Funds from General Fund to Police Department, PDI Bill
The Council authorized the transfer of $1,005, the total amount of fees collected from
police officer applicants, from the General Fund to the Police Department's 1999 budget
under line #3050 to assist in covering the cost of the written test for entry level police
officer.
12) First Reading of Ordinance No. 1386 Being a Request to Vacate Easements
The reading of the ordinance was waived there being ample copies available for the public.
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MARCH 8, 1999
PAGE 4
ORDINANCE NO. 1386
BEING AN ORDINANCE AMENDING ORDINANCE NO.853
CITY CODE OF 1977,VACATING CERTAIN WATER PIPES,
MAIN OR HYDRANTS, UTILITY,
SEWER AND STORM DRAIN EASEMENTS
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights herewith vacates the water main easement
as described in Easement No. 1 and the sanitary sewer and storm drain easement as
described in Easement No. 2 as granted in the document recorded in the Office of the
Anoka County Recorder as the Document No. 370691 described to wit:
Easement No. 1. An easement for the purpose of constructing and maintaining a
water main and it's appurtenances over and under a strip of land Ten (10) Feet wide.
The Southerly line of which is described as follows: Beginning at a point on the
Westerly line of Lot 8, Central Ave. Sub., distant Fifty-Seven (57) Feet Southerly of
the Northerly line of said Lot 8; Thence Easterly and parallel with the said Northerly
line to a point on a line parallel with, and Twenty (20) Feet Southerly of the Northerly
line of Lot 12, Spain's Addition,
Easement No. 2. An easement for the purpose of constructing and maintaining a
sanitary sewer, a storm drain, and their appurtenances over and under a strip of land
Ten (10) Feet wide, the Easterly line of which is described as follows: Beginning at
the most Southerly corner ofOutlot C Central Ave. Sub.: Thence Northeasterly along
the Westerly right-of-way line of Reservoir Boulevard to a point Twenty (20) Feet
Southwesterly of the Northeasterly corner of Lot 12, Spain's Addition,
Section 2: The City of Columbia Heights herewith vacates all easement rights
reserved to it in Ordinance No. 1373, which was recorded with the Anoka County
Recorder on September 29, 1998 as Doc. No. 1374362, to wit:
electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and
hydrants, thereon or thereunder, to continue maintaining the same or to enter upon
such way or portion thereof vacated to maintain, repair, replace, remove or otherwise
attend thereto.
Section 3: This Ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading: March 8, 1999
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MARCH 8, 1999
PAGE 5
The Council established March 22, 1999 at approximately 7:00 as the second reading of
Ordinance No. 1386, an ordinance amending Ordinance No. 853, City Code of 1977, vacating
a portion of water pipes, main or hydrants, utility, sewer and storm drain easements as
recorded in Document No. 370691 and Ordinance No. 1373.
13) Approval of License Applications
The Council approved the license applications as listed.
14) Payment of Bills
The Council approved the payment of bills as listed out of proper funds.
15) Resolution No. 99-19 Being a Resolution Receiving the 1999 Alley Improvements
Feasibility Report and Calling for Public Improvement Hearing
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 99-19
BEING A RESOLUTION RECEIVING THE REPORT ON THE 1999 ALLEY
IMPROVEMENTS WITH CONCRETE AND BITUMINOUS ALLEY CONSTRUCTION
AND BITUMINOUS ALLEY RECONSTRUCTION
WHEREAS, pursuant to Resolutions 99-12, 99-13, and 99-14, adopted by the City Council
February 8, 1999, a report has been prepared by Mr. Kevin Hansen, City Engineer with
reference to the following improvements:
California and Main
Summit and 40th
University and 4th
40th and 41st
Madison and Monroe
39th and 40th
Jackson and Van Buren
Peters and Reservoir
Gould and 40th
Circle Terrace and Reservoir
West of Reservoir
Reservoir and Tyler
Reservoir and Tyler
Reservoir and Tyler
4th and 5th
Peters Place to Gould Avenue
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283' North of 39th to 521' North of 39th
Lookout to 5th
47th to 48th
N/S Alley to Jefferson
48th to 49th
Jackson to N/S Alley
44th to 45th
Peters to Gould
N/S Alley to 86' East of N/S Alley
654' South of 41st to 41st
173' South of 42nd to 42nd
40th to 41st
224' South of 43rd to 43rd
N/S Alley to West of N/S Alley
300' North of 52nd to 53rd
Peters Place to North-South Alley
MARCH 8, 1999
PAGE 6
and this report was received by the Council on March 8, 1999, and,
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective and feasible,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA, that the Council will consider the improvement of such alleys in
accordance with the report and the assessment of abutting property (parcel unit basis) on the
closest intersecting street for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $525,000.
AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed
improvements on the 29th day of March, 1999 in the Council Chambers located at 590 40th
Avenue N.E., at 7:00 p.m., and the City Manager shall give mailed and published notice of
such hearing and improvement as required by law.
Dated this 8th day of March, 1999.
Offered by: Wyckoff
Seconded by: Jolly
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the foregoing resolution is a true and correct copy of a resolution
presented to and adopted by the City Council of Columbia Heights at a meeting thereof held
in the City of Columbia Heights, Minnesota, on the 8th day of March, 1999, as disclosed by
the records of said city in my possession.
Jo-Anne Student, Deputy City Clerk
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 7
16) Resolution No. 99-20 Being a Resolution Ordering Improvements for the 1999 Storm
Water Improvements
This item was removed from the Consent Agenda at the request of the Public Works Director.
17) Request for Day Care Parking Restriction at 3741 Reservoir Boulevard
The Council approved the designation for parking restrictions in front of 3741 Reservoir
Boulevard as day care parking restriction 6 a.m. to 8 a.m. and 3 p.m. to 5 p.m., Monday
through Friday, until July 1, 1999 at which time the signs will be removed, based on the
recommendation of the Traffic Commission.
Roll call on Consent Agenda: All ayes
Resolution No. 99-20 Being a Resolution Ordering Improvements for the 1999 Storm Water
Improvements
The Public Works Director requested this item be moved to the end of "New Business" to
accommodate anyone who may wish to speak to it.
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Recognition of Police Officers
Columbia Heights Police Officers Kurt Klosterman and Paul Bonesteel were recognized by
the Anoka County Chapter of MADD for their DWI Enforcement efforts.
B. Citizen Recognition
Mayor Peterson presented a plaque to Ms. Janet Davis who assisted in the arrest of an armed
robbery suspect at Apache Tan. Ms. Lois Nygaard also assisted in the arrest. She was unable
to attend the Council Meeting. Her plaque will be delivered to her.
C. Introduction of Newly-Hired Employee
Joel Ostmoe, who was recently hired in the Fire Department in the position of Clerk-Typist
II, was introduced.
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MARCH 8, 1999
PAGE 8
6. PUBLIC HEARINGS
A. Close Public Hearing - Rental License Revocation, 4222 Monroe Street, Robert Witt
The Public Hearing was closed regarding the revocation or suspension of the rental license
held by Robert Witt for rental property at 4222 Monroe Street in that the property is in
compliance with the Housing Maintenance Code.
B. Second Reading of Ordinance No. 1383 Being an Ordinance Providing for the Issuance
and Sale of Bonds
The ordinance was reviewed by staff and what will change regarding wall signage was
addressed. It was noted that the Planning and Zoning Commission had reviewed this
ordinance and recommended its approval. Based on this, Councilmember Wyckoffstated she
could support the ordinance.
Motion by Jolly, second by Szurek to waive the reading of the ordinance there being ample
copies available for the public. Roll call: All ayes
ORDINANCE NO. 1383
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO ZONING AMENDMENTS
The City of Columbia Heights does ordain:
Section 1: Section 9,117A(10)(b)(i) of Ordinance No. 853, City Code of 1977, which
currently reads as follows, to wit:
9.117A(10)(b)(i) Any number of wall signs on any side of a building not to exceed one
hundred (100) square feet of total surface area for wall sign surfaces and limited to one
surface per sign. Provided, however, that if a parcel of land on which a building is located
directly abuts residentially zoned land, no wall sign may be located on the side of the building
that faces the abutting residential parcel.
Shall be repealed and hereafter be amended to read as follows:
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MARCH 8, 1999
PAGE 9
9.117A(10)(b)(i) Any number of wall signs on any side of a building not to exceed one
hundred (100) two hundred (200) square feet of total surface area for all wall sign surfaces
and limited to one surface per sign. Provided, however, that if a parcel on which a building
is located directly abuts residentially zoned land, no wall sign may be located on the side of
the building that faces the abutting residential parcel.
Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after
its passage.
Offered by: Jolly
Seconded by: Szurek
Roll call: All ayes
First Reading:
Second Reading:
Date of Passage:
February 22, 1999
March 8, 1999
March 8, 1999
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Second Reading of Ordinance No. 1384 Being an Ordinance Providing for the Issuance
and Sale of Bonds
Motion by Szurek, second by Jolly to waive the reading of the ordinance there being ample
copies available for the public. Roll call: All ayes
ORDINANCE NO. 1384
PROVIDING FOR THE ISSUANCE AND SALE OF
$860,000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1999A
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 10
The City of Columbia Heights does ordain:
1. It is hereby determined that:
(a) the following assessable public improvements (the Improvements)have been duly
ordered or contracts let for the construction thereof, by the City pursuant to the provisions
of Minnesota Statutes, Chapter 429 (Act);
Total
Project Designation & Description:
Project Costs:
1998 Zone 3 Improvements
1999 Alley Improvements
2000 Zone 4 Improvements
Less Other Funding Sources
Net Project Costs
Costs of Issuance
Discount
Rounding
TOTAL
Project Cost
749,000
532,500
500,000
(940,731)
840,769
15,120
6,880
(2,769)
$860,000
(b)
It is necessary and expedient to the sound financial management of the affairs of the
City to issue $860,000 General Obligation Improvement Bonds, Series 1999A
(Bonds) pursuant to the Act to provide financing for the Improvements.
To provide financing for the Improvements, the City will issue and sell Bonds in the
amount of $853,120. To provide in part the additional interest required to market the
Bonds at this time, additional Bonds will be issued in the amount of $6,880. The
excess of the purchase price of the Bonds over the sum of $853,120 will be credited
to the debt service fund for the Bonds for the purpose of paying interest first coming
due on the Bonds. The Bonds will be issued, sold and delivered in accordance with
the terms of the following Terms of Proposal:
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE
THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE
FOLLOWING BASIS:
TERMS OF PROPOSAL
$860,000
CITY OF COLUMBIA HEIGHTS, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A
(BOOK ENTRY ONLY)
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MARCH 8, 1999
PAGE 11
Proposals for the Bonds will be received on Monday, April 12, 1999, until 10:00 A.M.,
Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100,
Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for
award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. All bidders are advised that each
Proposal shall be deemed to constitute a contract between the bidder and the City to purchase
the Bonds regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated May 1, 1999, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 2000. Interest
will be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
2001 $ 50,000 2005 $95,000 2009 $85,000
2002 $105,000 2006 $90,000 2010 $65,000
2003 $100,000 2007 $90,000
2004 $95,000 2008 $85,000
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of Bonds
made to the public. The Bonds will be issued in fully registered form and one Bond, representing the
aggregate principal amount of the Bonds maturing in each year, will be registered in the name of
Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which
will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the
principal amount of $5,000 or any multiple thereof of a single maturity through book entries made
on the books and records of DTC and its participants.
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MARCH 8, 1999
PAGE 12
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the
Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility
of DTC; transfer of principal and interest payments to beneficial owners by participants will be the
responsibility of such participants and other nominees of beneficial owners. The purchaser, as a
condition of delivery of the Bonds, will be required to deposit the Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2007, and on any day thereafter, to prepay Bonds due on or after
February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and
in such manner as the City shall determine. If less than all Bonds of a maturity are called for
redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC
will determine by lot the amount of each participant's interest in such maturity to be redeemed and
each participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. All prepayments shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge special
assessments against benefited property. The proceeds will be used to finance street and alley
improvements within the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $853,120 and accrued interest on the total principal amount of
the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a
certified or cashier's check or a Financial Surety Bond in the amount of $8,600, payable to the order
of the City. Ifa check is used, it must accompany each proposal. Ifa Financial Surety Bond is used,
it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and
preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the
opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit
is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a
Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted
Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted
Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award.
If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to
satisfy the Deposit requirement.
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MARCH 8, 1999
PAGE 13
The City will deposit the check of the purchaser, the amount of which will be deducted at settlement
and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the
accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or
amended after the time set for receiving proposals unless the meeting of the City scheduled for award
of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having
been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending
order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of
maturity. No conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor
at the option of the underwriter, the purchase of any such insurance policy or the issuance of any
such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any
increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by
the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating
agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of
the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds,
but neither the failure to print such numbers on any Bond nor any error with respect thereto will
constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP
Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the
purchaser.
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MARCH 8, 1999
PAGE 14, 1999
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject
to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis,
Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of
settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be
received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except
as compliance with the terms of payment for the Bonds shall have been made impossible by action
of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City
by reason of the purchaser's non-compliance with said terms for payment.
CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and
notices of certain events. A description of this undertaking is set forth in the Official Statement. The
purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing
Disclosure Certificate at or prior to delivery of the Bonds.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information
relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement
within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the
Official Statement or for any additional information prior to sale, any prospective purchaser is
referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite
1 00, Saint Paul, Minnesota 551 01, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other information
required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds,
as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting
syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after
the date of such award, it shall provide without cost to the senior managing underwriter of the
syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or
addenda described above. The City designates the senior managing underwriter of the syndicate to
which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official
Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to
the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such
designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters
of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final
Official Statement.
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 15
Dated February 22, 1999 BY ORDER OF THE CITY COUNCIL
/s/William Elrite
Finance Director/City Clerk
3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance
with the foregoing Terms of Proposal. The City Council will meet at 7:00 p.m. on Monday,
April 12, 1999, to consider proposals on the Bonds and take any other appropriate action
with respect to the Bonds.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll call:
February 22, 1999
March 8, 1999
March 8, 1999
Szurek
Jolly
All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of
Columbia Heights, Minnesota, hereby certify that I have carefully compared the attached
and foregoing Ordinance No. 1384, with the original on file in my office and the foregoing
is a full, true and correct copy of Ordinance No. 1384.
WITNESS my hand as Deputy City Clerk and the corporate seal of the City this 8th day of
March, 1999.
Jo-Anne Student
Deputy City Clerk
2) Second Reading of Ordinance No. 1385 Being an Ordinance Providing for the Issuance
and Sale of Bonds
Motion by Wyckoff, second by Szurek to waive the reading of the ordinance there being
ample copies available for the public. Roll call: All ayes
REGULAR COUNCIL MEET1NG
MARCH 8, 1999
PAGE 16
ORDINANCE NO. 1385
PROVIDING FOR THE ISSUANCE AND SALE OF
$1,93 5,000 GENERAL OBLIGATION UTILITY REVENUE BONDS,
SERIES 1999B
The City of Columbia Heights does ordain:
1. It is determined that:
(a) the City engineer has recommended the construction of various improvements to the
City's sanitary sewer and water utility, and has further recommended the creation of a storm
sewer utility and the construction of various improvements thereto (Project).
(b) the City is authorized by Minnesota Statutes, Section 444.075 (Act) to finance all or a
portion of the cost of the Project (Project Costs) by the issuance of general obligation bonds
of the City payable from the net revenues of the system. The Project Costs are presently
estimated by the engineer to be as follows:
Project Designation & Description:
Total
Project Cost
Project Costs
Storm Sewer Projects
Utility Projects
Water Meters
Total Project Costs
Less DNR Grants
Net Project Costs
Costs of Issuance
Discount
Rounding
$1,027,983
721,820
600,000
$2,349,803
(447,750)
$1,902,053
19,120
15,500
(1,673)
TOTAL $1,935, 000
(c)it is necessary and expedient to the sound financial management of the affairs of the City
to issue $1,935,000 General Obligation Utility Revenue Bonds, Series 1999B (Bonds)
pursuant to the Act to provide financing for the Project.
REGULAR COUNCILMEETING
MARCH 8,1999
page 17
2. In order to provide financing for the Project, the City will therefore issue and sell Bonds
in the amount of $1,919,500. To provide in part the additional interest required to market
the Bonds at this time, additional Bonds will be issued in the amount of $15,500. The
excess of the purchase price of the Bonds over the sum of $15,500 will be credited to the
debt service fund for the Bonds for the purpose of paying interest first coming due on the
additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms
of the following Terms of Proposal:
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE
THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE
FOLLOWING BASIS:
TERMS OF PROPOSAL
$1,935,000
CITY OF COLUMBIA HEIGHTS, MINNESOTA
GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 1999B
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Monday, April 12, 1999, until 1 0:00 A.M.,
Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100,
Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration
for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same
day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to
Springsted. Signed Proposals, without final price or coupons, may be submitted to
Springsted prior to the time of sale. The bidder shall be responsible for submitting to
Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax
(651) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no
liability for the inability of the bidder to reach Springsted prior to the time of sale
specified above. All bidders are advised that each Proposal shall be deemed to constitute
a contract between the bidder and the City to purchase the Bonds regardless of the
manner of the Proposal submitted.
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 18
DETAILS OF THE BONDS
The Bonds will be dated May 1, 1999, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 2000.
Interest will be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
2001 $110,000 2005 $195,000 20095225,000
2002 $175,000 2006 $200,000 20105235,000
2003 $180,000 2007 $210,000
2004 $185,000 2008 $220,000
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of Bonds
made to the public. The Bonds will be issued in fully registered form and one Bond, representing
the aggregate principal amount of the Bonds maturing in each year, will be registered in the name
of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York,
which will act as securities depository of the Bonds. Individual purchases of the Bonds may be
made in the principal amount of $5,000 or any multiple thereof of a single maturity through book
entries made on the books and records of DTC and its participants. Principal and interest are
payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of
principal and interest payments to participants of DTC will be the responsibility of DTC; transfer
of principal and interest payments to beneficial owners by participants will be the responsibility
of such participants and other nominees of beneficial owners. The purchaser, as a condition of
delivery of the Bonds, will be required to deposit the Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar,
OPTIONAL REDEMPTION
The City may elect on February 1, 2007, and on any day thereafter, to prepay Bonds due on or after
February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and
in such manner as the City shall determine. If less than all Bonds of a maturity are called for
redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC
will determine by lot the amount of each participant's interest in such maturity to be redeemed and
each participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. All prepayments shall be at a price of par plus accrued interest.
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 19
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge net
revenues to be derived from the City's storm sewer, water and sanitary sewer charges. The proceeds
will be used to acquire property and finance improvements to the City's storm sewer, water and
sanitary sewer systems.
TYPE OF PROPOSALS
Proposals shall be for not less than $1,919,500 and accrued interest on the total principal amount
of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form
of a certified or cashier's check or a Financial Surety Bond in the amount of $19,350, payable to
the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety
Bond is used, it must be from an insurance company licensed to issue such a bond in the State of
Minnesota, and preapproved by the City. Such bond must be submitted to Springsted
Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each
underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are
awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to
submit its Deposit to Springsted Incorporated in the form of a certified or cashiers check or wire
transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the
next business day following the award. If such Deposit is not received by that time, the Financial
Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit
the check of the purchaser, the amount of which will be deducted at settlement and no interest
will accrue to the purchaser. In the event the purchaser fails to comply with the accepted
proposal, said amount will be retained by the City. No proposal can be withdrawn or amended
after the time set for receiving proposals unless the meeting of the City scheduled for award of
the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having
been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in
ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds
to the date of maturity. No conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 20
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor
at the option of the underwriter, the purchase of any such insurance policy or the issuance of any
such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any
increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by
the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating
agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of
the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the
Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds,
but neither the failure to print such numbers on any Bond nor any error with respect thereto will
constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP
Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the
purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject
to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of
Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate.
On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds
which shall be received at the offices of the City or its designee not later than 12:00 Noon,
Central Time. Except as compliance with the terms of payment for the Bonds shall have been
made impossible by action of the City, or its agents, the purchaser shall be liable to the City for
any loss suffered by the City by reason of the purchaser's non-compliance with said terms for
payment.
CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and
notices of certain events. A description of this undertaking is set forth in the Official Statement. The
purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing
Disclosure Certificate at or prior to delivery of the Bonds.
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 21
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information
relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement
within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of
the Official Statement or for any additional information prior to sale, any prospective purchaser
is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place,
Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter
or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than
seven business days after the date of such award, it shall provide without cost to the senior
managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official
Statement and the addendum or addenda described above. The City designates the senior
managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes
of distributing copies of the Final Official Statement to each Participating Underwriter. Any
underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is
accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual
relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt
by each such Participating Underwriter of the Final Official Statement.
Dated February 22, 1999
Offered by: Wyckoff
Seconded by: Szurek
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Columbia
Heights, Minnesota, hereby certify that I have carefully compared the attached and foregoing
Ordinance No. 1385, with the original on file in my office and the foregoing is a full, true and
correct copy of Ordinance No. 1385.
REGULAR COUNCIL MEET1NG
MARCH 8, 1999
PAGE 22
WITNESS my hand as Deputy City Clerk and the corporate seal of the City this 8th day
of March, 1999.
Jo-Anne Student, Deputy City Clerk
B. Bid Considerations
None
C. Other Business
Motion by Jolly, second by Szurek to authorize the Assistant Fire Chief to attend the
1999 Fire Department Instructors Conference in Indianapolis, Indiana from March 17-
21, 1999. Roll call: All ayes
2) First Time Home Buyer Program
The Community Development Director reviewed the history of this program relative to
the Columbia Heights' experience. In 1998, the City was approved for funding in the
amount of $485,303. In 1999, the approved amount was $529,279. He stated that very
little staff time is required for this program. In previous years, all of the yearly allocations
have been totally used.
Motion by Wyckoff, second by Jolly to approve the Minnesota Housing Finance Agency
Minnesota Cities Participation Program (MCPP) Program Application - Committment
Agreement and to approve the payment of the allocation fee and processing fee in the
total amount of $5,392.79 out of proper funds; and furthermore, to authorize the City
Manager to enter into an agreement for the same. Roll call: All ayes
Resolution No 99-20 Being a Resolution Ordering Improvements for the 1999 Storm
Water Improvements Program
Representatives of BRA made a presentation regarding two elements of the program;
those being storm water improvements for the Prestemon Park area and Tyler Street and
44th Avenue. It is hoped that the bids can be awarded early in May and construction can
start in June.
Discussion followed regarding specific concerns with the proposals. It was noted that
there had been notices sent to affected property owners relative to Prestemon Park.
REGULAR COUNCIL MEET1NG
MARCH 8, 1999
PAGE 23
Motion by Szurek, second Jolly to waive the reading of the resolution there being ample
copies available to the public.
RESOLUTION NO. 99-20
BEING A RESOLUTION ORDERING IMPROVEMENT FOR THE 1999
STORM WATER IMPROVEMENTS
WHEREAS, the City of Columbia Heights hired BRA & Associates, Inc. to perform the
feasibility study for Project Nos. 1997-21, 1998-06, 1998-10 and 1998-13.
WHEREAS, that the feasibility report was prepared and accepted by the City Council on
July 13, 1998.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA, that:
1. Said improvements identified in BRA & Associates, Inc. feasibility study(s) and listed
herein for the 1999 Storm Water Improvements, are hereby ordered.
Prestemon Park Ponding and Storm Sewer Improvements
Tyler Place and 44th Avenue Storm Sewer Improvements
Jackson Pond Spillway Construction
Monroe Street and 49 lA Avenue Catch Basin Improvements
4201 2nd St. Localized Improvements, Material Acquisition
4232 3rd St. Localized Improvements, Material Acquisition
2. BRA & Associates, Inc. and the City Engineer are hereby designated the engineer for
these improvements and they shall prepare the plans and specifications for the making of
such improvements.
3. The contract for these improvements shall be let no later than two (2) years after the
adoption of this resolution.
Dated this 8th day of March, 1999.
Offered by: Szurek
Seconded by: Wyckoff
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 24
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the foregoing resolution is a true and correct copy of a resolution
presented to and adopted by the City Council of Columbia Heights at a meeting thereof
held in the City of Columbia Heights, Minnesota, on the 8th day of March, 1999, as
disclosed by the records of said City in my possession.
Jo-Anne Student, Deputy City Clerk
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager had nothing to report at this time.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
Included in the agenda packet were minutes from the following meetings: February 24,
1999 Park and Recreation Commission; March 1, 1999 Traffic Commission: March 2,
1999 Planning and Zoning Commission.
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
Councilmember Jolly observed that a condemned structure on 46th Avenue is not yet
completely demolished. He felt it presented a hazard to the neighborhood. The Director
of the EDA advised that the property is posted but court action is being awaited to
complete the removal. He will draft a written report on the status of this property for
the Council.
REGULAR COUNCIL MEETING
MARCH 8, 1999
PAGE 25
1 1. ADJOURNMENT
Motion by Jolly, second by Wyckoffto adjourn the Regular Council Meeting at 8:10
p.m. Roll call: All ayes
Submitted by:
Jo-Anne Student, Council Secretary