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HomeMy WebLinkAbout03/24/2014 RegularMinutes for the Regular Meeting of the City Council 7:00 PM Monday, March 24, 2014, City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN 1. CALL TO ORDER The meeting was called to order by Mayor Gary Peterson at 7:02 p.m. 2. APPOINT SECRETARY PRO TEM Motion was made by Mayor Peterson, seconded by Councilmember Nawrocki, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. 3. ROLL CALL Present: Councilmembers Schmitt, Williams, Nawrocki, Mayor Peterson Absent: Councilmember Diehm Also Present: Linda L. Magee, Acting City Manager; Jim Hoeft, City Attorney; Gary Gorman, Fire Chief; Scott Nadeau, Police Chief; and Kevin Hansen, Public Works Director /City Engineer. 4. INVOCATION The invocation was provided by Pastor Max Richter, Community United Methodist Church. 5. PLEDGE OF ALLEGIANCE — recited 6. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may snake additions and deletions to the agenda. These maybe items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) ADDITIONS: The Mayor announced that there will be a "Clean, Fed, and Warm" event at the Public Safety Building on April 30th from 5 pm to 8 pm. This is a joint effort between the Fire and Police Departments, the Columbia Heights Public Schools, SACA, and Kody's Closet to accept donations of new clothes, personal care, hygiene items, and canned and non - perishable foods for children in our community. A donation of $10 for an individual and $20 for a family will include hot dogs, chips, soda or water. There will be Police and Fire Department demonstrations, live music, a silent auction, and "fun" raising. Donations will be accepted before the event at SACA Food Shelf at 627 38th Avenue and at the Public Safety Center, 825 41St Avenue. Financial donations are accepted at PayPal.com or Razoo.com. 7. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS The Mayor read the Proclamation that April 2014 is National Donate Life Month. A Mayor in Minnesota was a recipient of a donated organ from one of his relatives, and he asked mayors from the state to join in this proclamation. The Mayor stated that over 3,000 people in Minnesota are waiting for organ and tissue donations, and he asked that Columbia Heights residents take time in April to consider becoming an organ donor in order to help others continue to celebrate life. 8. 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.) Councilmember Nawrocki asked that items C through K under the consent agenda be removed for further discussion. -1- Acting City Manager, Linda Magee, went through the remaining consent agenda items: A. Approve Minutes of the City Council - Council Meeting of March 10, 2014 - Public Hearings of March 3, 2014 (Alley and State Aid Streets) B. Accept Board and Commission Meeting Minutes - Library Board — meeting of February 5, 2014 - Charter Commission — meeting of January 16, 2014 L. Approve Attached List of Rental Housing Licenses M. Approve Business License Applications N. Payment of Bills MOTION by Councilmember Williams, seconded by Councilmember Schmitt, to approve the above items on the Consent Agenda. The following items that were removed from the consent agenda were then discussed: A. Award of Professional Engineering Services for the Chatham Road Sanitary Sewer Lift Station, Municipal Project No. 1214 Kevin Hansen, Public Works Director, explained RFP details (which were enclosed in the council packet), and that three proposals received were very close in price. They chose the second proposal. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to award the Chatham Road Sanitary Sewer Lifi Station Improvements, Municipal Project No. 1214, to the consulting engineering firm of BDM -MSA based upon their qualified, responsible proposal for a cost not -to- exceed $62,142 appropriated from Fund 652 - 51214 -3050. Roll call vote: All ayes. Motion passed unanimously. B. Approve Emerald Ash Borer Management Plan (EABMP) Kevin Hansen, Public Works Director, explained the removal, trimming, and replanting plan. Columbia Heights is within three miles of where the Emerald Ash Borers have been detected. A five -year removal plan was created, and 400 trees are expected to be treated, and a replanting of ash and other trees is planned. Councilmember Nawrocki asked how will we enforce this plan on private properties? Mr. Hansen explained that we can enforce through state statutes and our current ordinance which allows 30 -60 days to remove. He emphasized that we did not inventory private trees, only public trees. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to approve the Emerald Ash Borer Management Plan (EABMP) and authorize staff to obtain informal quotes for 2014 ash tree treatments. Roll call vote: All ayes. Motion passed unanimously. C. Approve Change Order No. 1 for 2013 Concrete Street Rehabilitation, Project No. 1302 Kevin Hansen, Public Works Director, explained that for this project, a large amount of cracking was found which lead to a full depth repair for an additional $50,000; additional subcutting was needed; and the catch basin size had to be reduced by three inches in the Innsbruck project. Councilmember Nawrocki asked who was going to pay for these changes. Mr. Hansen stated $61,000 will come from the construction fund; the remaining balance for the $68,000 change order will come from the utilities fund and will NOT affect assessments. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to authorize Contract Change Order No. I for City Project No. 1302 to Interstate Improvement, Inc. of -2- Faribault, Minnesota in the amount of $68,883.06 for a new contract amount of $770,242.56 Motion passed unanimously. D. Authorize Final Payment for Commercial Water Meter Program, Project 1309 Kevin Hansen, Public Works Director, reviewed the item and Councilmember Nawrocki asked if this was related only to our commercial water meter program, to which Mr. Hansen replied yes. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to accept the work for Commercial Water Meter Replacement Program, City Project No. 1309, and authorize final payment of $17,714.00 to Ferguson Waterworks, Inc. of Blaine, Minnesota. Motion passed unanimously. E. Approve Final Compensating Change Order and Authorize Final Payment for Miscellaneous Concrete Project No. 1300 Kevin Hansen, Public Works Director, reviewed the information approving this final payment for miscellaneous concrete work. Councilmember Nawrocki stated we tripled our original bid. Mr. Hansen explained that we use unit pricing and sometimes use contractors for unexpected projects that they can complete while doing another job in the city. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to approve the final compensating change order and accept the workfor 2013 Miscellaneous Concrete Repairs and Installations, City Project No. 1300, and authorize final payment of $2,048.94 to Ron Kassa Construction, Inc. of Elko, Minnesota. Motion passed unanimously. F. 2014 Agreement for Residential Recycling Program with Anoka County (Annual Score Grant Councilmember Nawrocki asked what are the benefits of this grant. Kevin Hansen, Public Works Director, stated that it is a two part program and we expect to receive at least $50,000 and possibly $35,000 to encourage more recycling within the city. There are five options: get more information on recycling out to residents, apartments, etc; become more involved with electronic recycling; encourage organize recycling; and do surveys on our website and in the newsletters. Councilmember Schmitt stated organic recycling is great, and schools do electronic recycling and maybe they could put a video together on this subject. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to authorize the Mayor and City Manager to execute the annual SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and with funding available up to $85,006 as reimbursement for eligible expenses. Motion passed unanimously. G. Adopt Resolution 2014 -17 Approving Plans and Specifications and Ordering Advertisement for Bids for 2014 Concrete Alley Construction Councilmember Nawrocki stated he opposes this item. He has looked at the areas involved, and does not think all areas need repair /replacement. Kevin Hansen, Public Works Director, stated this involves three concrete alley replacements and storm sewer improvements. Marty Terveer from 4210 Quincy Street asked what the costs will be to owners, as he has received conflicting information. Mr. Hansen stated the proposed costs are $2,400 /unit (single family and duplexes), and a different amount for businesses. Mr. Terveer stated he rents his home out; he does not live there. Mr. Hansen stated that 45% of the costs will be -3- assessed and 55% will be paid by the city. He encouraged Mr. Terveer to come into his office so they can confirm the proposed cost. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to waive the reading of the Resolution 2014 -17, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to adopt Resolution 2014 -17, approving Plans and Specifications and Ordering Advertisement for Bids for 2014 Concrete Alley Construction, City Project Number 1402. Roll call vote: Ayes: Schmitt, Williams, Peterson; Nay: Nawrocki. Motion passed. H. Adopt Resolution 2014 -18 Approving Plans and Specifications and Ordering Advertisement for Bids for 2014 State Aid Street Rehabilitation Councilmember Nawrocki stated he opposes this item assessing people who live along State Aid Streets. Councilmember Williams stated that 44th Avenue really needs mill and overlay. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to waive the reading of Resolution 2014 -18, there being ample copies available to the public. Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution 2014 -18 approving Plans and Specifications and ordering Advertisement for Bids for 2014 State Aid Street Rehabilitation, City Project Number 1405. Roll call vote: Ayes: Schmitt, Williams, Peterson; Nay: Nawrocki. Motion passed. I. Adopt Resolution 2014 -19 Declaring the Intent to Bond for the Alley Rehabilitation Program., Project 1402 and For State Aid Street Rehabilitation, Project No. 1405 Councilmember Nawrocki asked how much bonding are we planning to do. Kevin Hansen, Public Works Director, stated $100,000 maximum for the State Aid Streets project and $275,000 for the Alley Project. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to waive the reading of Resolution 2014 -19, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to adopt Resolution 2014 -19, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the Concrete Alley Construction Program, Project 1402, and for State Aid Street Rehabilitation Program, Project No. 1405. Roll call vote: Ayes: Schmitt, Williams, Peterson; Nay: Nawrocki. Motion passed. 9. PUBLIC HEARINGS A. Adopt Resolution Numbers 2014 -15 (4927 University Avenue NE) and 2014 -16 (4935 University Avenue NE), being Resolutions of the City Council of the City of Columbia Heights approving; revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A ) of the rental licenses. The Mayor opened the floor for discussion of revocation of the rental licenses at 4927 University Avenue NE and 4935 University Avenue NE at approximately 8:03 p.m. Jim Hoeft, City Attorney, advised the City Council that the city was served a lawsuit today on the properties being discussed tonight. We will still hold the Public Hearing, and the Council can act on the revocation tonight if they so wish. Police Chief Scott Nadeau presented information regarding calls for service the Police Department has received from 2009 to present on the 4927 University Avenue and the 4935 University Avenue properties (which are 11 unit properties), as well as the properties owned by Azamko Properties at 4616 Tyler Avenue and 4622 Tyler Avenue (which are seven unit properties). Chief Nadeau advised that there have been two mitigation plans: one in 2009 and one in 2010. A total of 22 meetings have been held with Azamko Properties (5 in 2009; 7 in 2010; 3 in 2011; 2 in 2012; and 5 in 2013) to resolve nuisance calls and conduct on licensed premises. At this time, Captain Lenny Austin, presented information via PowerPoint. This presentation covered both the University Avenue properties and the Tyler Street NE properties. There were property comparisons including percent of reports for each property and percent of Part I crimes compared to other properties in the city of like - numbered units. Captain Austin went over the Nuisance Calls for Service Ordinance which imposes a service fee after two violations within one year on property owners where police have to respond due to certain nuisance - oriented events. Captain Austin also explained the Conduct on Licensed Premises Ordinance which has a three strike provision that forces an end to tenants involved in nuisance and disorderly behavior. This could involve loud music, disturbances, drugs, and crimes. Higher level offenses such as felony narcotics violations or felony crimes require the landlord to terminate the tenancy of the renter on the first violation. In summary, police reports are twice as much as normal, and activities are three to even four times more than normal. Fire Chief Gary Gorman then spoke about the inspections the Fire Department does on apartments. He stated that normally for a rental unit, there is the annual inspection, and there may be one or two minor items that needed a follow -up inspection. Regarding the referenced addresses on University Avenue and Tyler Street, inspection activities account for 25% of all inspections done in the city, as they are called back many more times due to complaints, etc. Police Chief Nadeau then advised the City Council that there are three possible options: 1. Renew the rental licenses 2. Not renew the rental licenses 3. Approve conditional licenses with an increased fee and criteria that they attain no more than an average call for service level Councilmember Nawrocki asked what the Police Chief's recommendation was. Chief Nadeau stated that he has big concerns for the safety of the residents. There have been numerous calls to his department, and he does not have a lot of confidence that items will be corrected and suggests revoking the rental licenses. The Fire Chief stated he also agrees. A lot of staff time has gone into getting these apartments in compliance, and there is no significant change regarding his department's involvement with these properties and suggests revoking the rental licenses. Councilmember Nawrocki asked the City Attorney regarding the lawsuit filed and what it entails. City Attorney, Jim Hoeft, advised that there are a number of allegations which covers all properties Azamko Properties have in our city. One allegation is discrimination against Native Indians and other protected class residents, and that we treat them differently. Another is that we have entered their properties without proper notice. Councilmember Nawrocki asked the City Attorney what his recommendation was regarding these properties, and what will happen next. The City Attorney advised that if the licenses are -5- revoked, they cannot rent to new residents. Tenants have a month to month lease. If the licenses are revoked, the buildings will be posted on April 1 s`, with a 45 day notice to vacate. If postings are removed, they will be reposted that it is illegal to live there. The City Attorney stated that this case has been appealed in the State District Court and may end up in the Federal District Court. First a scheduling conference needs to be held, and arbitration and remediation made be scheduled. There will be no trial this year. Councilmember Nawrocki wanted to know what kind of assistance can be provided to the tenants in finding new housing, etc. There are sources of assistance available such as Judicare, Legal Aid Assistance, etc. The Fire and Police Department will work with residents to provide phone numbers, etc. The Mayor asked if there was anyone in the audience who wished to speak at this Public Hearing. Aleena Anderson from 4935 University Avenue stated she lives there with her two children and is disturbed she may have to move again. This is the first time she heard about this. Why wasn't she told when she started renting? It was explained to Aleena that all tenants were provided notice of the public hearing 30 days prior to tonight. Chief Nadeau stated we have tried to work with the building owner several times to make his buildings more safe. It was stated there are housing advocates from both Anoka and Hennepin Counties who will work with tenants regarding their rights and actions that can be taken against the property owner. Jackie Black from 4935 University Avenue was surprised to learn of a different owner. Chesire Properties in Blaine is no listed in the phone book and there is no contact phone number to reach them. It was explained that the subject properties have been put into a corporate name, but Mr. Azam still owns the property. The City Attorney stated that the Fire Department has the license number, name, and phone number of the corporate property owner. Michael Kemp, 550 Laurel Avenue, St. Paul, counselor for Azamko Properties, then spoke. He explained that the ownership of the property was changed so they could hire professional property managers. The corporation is attempting to sell these properties. So both the city and the property owner have taken action. Regarding all the statistics presented tonight, what do they mean? What are the violations? The Police Chief says they have many good tenants, and there have also been efforts by Mr. Azam to work with the city. These properties have been licensed for the last ten years as complying with our codes and ordinances. Violations have been corrected. Regarding nuisance calls, MN Statutes 504.205, prevents eviction because people have had to call the Police. Mr. Azam works with a number of charitable organizations to place people at risk (i.e., Battered Women) or who are homeless in housing. He has tried to get rid of problem renters. The corporation will try to get rid of problem renters. If the city decides to grant a one year license, renters can still live there until the properties are sold. If the properties are sold, and Mr. Azam has no further interest in the properties, the city would issue a new license to the new owner. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to close the public hearing and to waive the reading of Resolution Number 2014 -15, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt, to adopt Resolution 2014 -15, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(a) of the rental license. Motion passed unanimously. mom Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt, to waive the reading of Resolution Number 2014 -16, there being ample copies available to the public. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt, to adopt Resolution Number 2014 -16, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license. Motion passed unanimously. 10. FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports Councilmember Nawrocki stated that it appears that the business (Urban Shesha) at 332 40th Avenue NE have closed their doors. There was going to be a public hearing scheduled for next month on this property. Supposedly the business voluntarily gave up their business license. Chief Nadeau stated a letter had been sent to the business owner, but there had been no response received back from the owner. There was a notice on the business door on Friday which stated they are closed until further notice. Councilmember Nawrocki asked about the water utility lines that have been freezing up and if the city is doing anything to help these people instead of the city saying we have no responsibility to help them. Someone on 37th has not had any water since February. The City Attorney stated we have no responsibility at this time for the lines from the house to the main. Councilmember Nawrocki asked if we could do something with the League like we did with clogged sewer lines, and asked for further discussion on this subject on the council level at a future work session. 11. ADMINISTRATIVE REPORTS Report of the City Manager: Linda Magee, Acting City Manager, went over the April 2014 meeting calendar and items for the work session of April 7, 2014. These items will include: • Extension of our refuse contract (Veolia was bought out by Advanced Disposal and the contract is for five years initially, with the option for a three year extension); • Process to become a Step 2 Greenstep City; and • Discussion on frozen water service lines. Report of the City Attorney: Nothing further to report. 12. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. At this time, resident Gary McCann from 940 39th Avenue NE, Apartment 10 addressed the council about the bad roof problem at his apartment. There is black mold in the ceiling, and nothing is being done. He is getting sick from the mold issue, and can't get any return calls. Fire Chief Gary Gorman stated that his department's inspectors were at the apartment building the morning he called. The roof is leaking and must be replaced, and sheetrock also needs to be replaced. The owner will need to get a roof permit. The Fire Chief can check on the status of the permit. Mr. McCann asked -7- if testing could be done, and if there was something to kill the mold until the roof and sheetrock is replaced. Mr. McCann advised the Fire Chief he will come in to the Fire Department tomorrow. 13. ADJOURNMENT The Mayor reminded us to remember our service men and service women, to not take ourselves too seriously, and to do a random act of kindness. The meeting adjourned at 9:22 P.M. ReSDectfully submitted, Carole J. Blo errs, Secretary Pro Tem RESOLUTION 2014 -15 BEING A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO CITY CODE, CHAPTER 5A, ARTICLE IV, SECTION 5A.408(A) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY CHESIRE PROPERTIES, LLC (HEREINAFTER "LICENSE HOLDER ") Whereas, license holder is the legal owner of the real property located at 4927 University Avenue NE, Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 24, 2014 of a public hearing to be held on March 24, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The attached Exhibit A outlines the disproportionate number of police calls, criminal activity and housing code violations associated with 4927 University Avenue NE. 2. Over the last several years, both the Columbia Heights Police Department and Columbia Heights Fire Department have worked extensively with the License Holder in an attempt to bring these issues down to a level that is similar to other rental properties of similar size in the City. 3. The disproportionate number of police calls, criminal activity and housing code violations have persisted at an unacceptable level. 4. That all parties, including the License Holder and any occupants or tenants, have been given notice of this hearing according to the provisions of the City Code. -8- ORDER OF COUNCIL That pursuant to the provisions of Chapter 5A of the City of Columbia Heights City Code, the rental license for the property identified at 4927 University Avenue NE, license number F12254A, is hereby revoked. 2. The City will post, for the purpose of preventing occupancy, a copy of this order on said building. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this order. RESOLUTION 2014 -16, BEING A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO CITY CODE, CHAPTER 5A, ARTICLE IV, SECTION 5A.408(A) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY CHESIRE PROPERTIES, LLC (HEREINAFTER "LICENSE HOLDER ") Whereas, license holder is the legal owner of the real property located at 4935 University Avenue NE, Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 24, 2014 of a public hearing to be held on March 24, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The attached Exhibit A outlines the disproportionate number of police calls, criminal activity and housing code violations associated with 4935 University Avenue NE. 2. Over the last several years, both the Columbia Heights Police Department and Columbia Heights Fire Department have worked extensively with the License Holder in an attempt to bring these issues down to a level that is similar to other rental properties of similar size in the City. 3. The disproportionate number of police calls, criminal activity and housing code violations have persisted at an unacceptable level. 4. That all parties, including the License Holder and any occupants or tenants, have been given notice of this hearing according to the provisions of the City Code. ORDER OF COUNCIL That pursuant to the provisions of Chapter 5A of the City of Columbia Heights City Code, the rental license for the property identified at 4935 University Avenue NE, license number F12254, is hereby revoked. 2. The City will post, for the purpose of preventing occupancy, a copy of this order on said building. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this order. RESOLUTION 2014 -17 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2014 CONCRETE ALLEY CONSTRUCTION, CITY PROJECT NUMBER 1402 WHEREAS, pursuant to a resolution passed by the Council on March 3, 2014, the City Engineer has prepared plans and specifications for Concrete Alley Construction for the following alleys: Van Buren Street to Central Avenue, 39th Avenue to 401h Avenue Van Buren Street to Central Avenue, 42nd Avenue to 43rd Avenue Monroe Street to Quincy Street, 42nd Avenue to 43rd Avenue, and NOW THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2014 Concrete Alley Construction, City Project Number 1402 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Wednesday, April 23, 2014 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, April 28, 2014 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. RESOLUTION 2014 -18 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 1, STATE AID STREET REHABILITATION, CITY MO - - t WHEREAS, pursuant to a resolution passed by the Council on March 3, 2014, the City Engineer has prepared plans and specifications for State Aid Street Rehabilitation for the following state aid streets: -10- 1. Stinson Boulevard, Fairway Drive to 325' north of North Upland Crest (concrete street) 2. 39d' Avenue, Central Avenue to Reservoir Boulevard 3. 38th Avenue, Main Street to 3rd Street OFT­ HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2014 State Aid Street Rehabilitation, City Project Number 1405 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, April 22, 2014 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, April 28, 2014 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. RESOLUTION 2014 -19 ! WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140 -2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City ") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; 1. The City reasonably intends to make expenditures for Project No. 1402 consisting of Concrete Alley Construction and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $275,000. 2. The City reasonably intends to make expenditures for Project No. 1405 consisting of State Aid Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $100,000. 3. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law, regulating or ruling. -11-