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HomeMy WebLinkAbout01-26-2015 Regular MeetingCITY OF COLUMBIA HEIGHTS 590 40'" Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 hisit our website at. rvww.ci.columbia- heiphts.mn.us Mayor Gary L. Peterson Councilmembers Robert A. Williams Brucc Nawrocki Donna Schmitt John Murzyn, Jr. City Manarer Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday January 26, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) LCALL TO ORDER 2.ROLL CALL 1INVOCATION Invocation provided by Dan Thompson, Heights Church 4.PLEDGE OF ALLEGIANCE 5.ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7.CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council Pg. 5 MOTION: Move to approve the minutes of the City Council meeting of January 12, 2015. B. Approval of the attached list of rental housing licenses Pg. 13 MOTION: Move to approve the items listed for rental housing license applications for January 26, 2015 in that they have met the requirements of the Property Maintenance Code C. Approve Business License Applications Pg. 15 MOTION: Move to approve the items as listed on the business license agenda for January 26, 2015, as presented. D. Resolution Providiniz for the Sale of $7,000,000 General Obligation Library Bonds Series Pg. 17 9.(115 A City Council Agenda Monday January 26, 2015 Page 2 of 4 MOTION: To waive the reading of resolution 2015 -05, there being ample copies available for the public MOTION: To adopt resolution 2015 -05, providing for the sale of $7,000,000 general obligation library bonds, series 2015A E. Resolution Appropriating Certain Interfund Transfers to the Library Capital Building Fund Pg. 27 MOTION: To waive the reading of resolution 2015 -06, there being ample copies available for the public MOTION: To adopt resolution 2015 -06, appropriating certain interfund transfers to the Library Capital Building Fund F. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia Pg. 30 Heights and Law Enforcement Labor Services, Inc. Local 342 — Police Serizeants. MOTION: To waive the reading of Resolution 2015 -08, there being ample copies available to the public. MOTION: To adopt Resolution 2015 -08, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local #342, Police Sergeants, effective January 1, 2015 to December 31, 2016 G. Payment of Bills Pg. 33 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 155371 through 155528 in the amount of $672,349.55. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Adopt Resolution 2015 -04, 4201 Jefferson Street NE being declarations of nuisance and Pg. 42 emergency abatement of violations within the City of Columbia Heights regarding property at 4201 Jefferson St NE MOTION: Move to close the public hearing and to waive the reading of Resolution 2015 -04, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -04, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Resolution Providiniz For The Prepayment And Redemption Of A Portion Of The Citv's Pg. 45 Outstanding General Obligation Street Rehabilitation Bonds Series 2007A MOTION: To waive the reading of Resolution 2015 -07, there being ample copies available for the public MOTION: To adopt resolution 2015 -07 providing for the prepayment and redemption of a portion of the city's outstanding general obligation street rehabilitation bonds, series 2007A City Council Agenda Monday January 26, 2015 Page 3 of 4 b. Resolution Appropriating an Interfund Transfer to the General Obligation Street Pg. 52 Rehabilitation Bonds Series 2007A Debt Service Fund MOTION: To waive the reading of resolution 2015 -10, there being ample copies available for the public MOTION: To adopt resolution 2015 -10, being a resolution appropriating an interfund transfer to the General Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund Pg. 54 c. Resolution and Ordinance Regarding Conditionally Granting the Consent to Transfer Control of the Cable Television Franchise and Cable Television System from Comcast Corporation to GreatLand Connections, Inc. MOTION: To waive the reading of Resolution 2015 -09, there being ample copies available to the public. MOTION: To adopt Resolution 2015 -09, regarding conditionally granting the consent to transfer control of the cable television franchise and cable television system from Comcast Corporation to Greatland Connections, Inc. MOTION: To waive the reading of Ordinance 1617, there being ample copies available to the public. MOTION: To approve the ordinance upon first reading and set the second reading for Monday, February 9, 2015 at approximately 7:00 p.m. in the City Council Chambers. d. MS4 Ordinance Amendments: Chapter 8 Article VII: Surface Drainage Connection and pg. 69 Discharges & Chapter 9 Article I: Zoning and Land Development MOTION: Move to waive the reading of Ordinance #1618, there being ample copies available to the public. MOTION: Move to waive the reading of Ordinance #1619, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance # 1618, for February 9, 2015 at approximately 7:00 p.m. in the Council Chambers. MOTION: Move to establish the second reading of Ordinance #1619, for February 9, 2015 at approximately 7:00 p.m. in the Council Chambers. B. Bid Considerations a. Consideration of Architect for City Library Pg. 105 Move to award the City Library Architectural Services, Project No. 1410, to the firm of based upon their qualified, responsible proposal for a cost not -to- exceed $ appropriated from Fund C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney City Council Agenda Monday January 26, 2015 Page 4 of 4 11. 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. 12. ADJOURNMENT /'/�' ��' I�' Walt Fehst, City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 12, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY JANUARY 12, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA LCALL TO ORDER Mayor Peterson called the meeting to order at 7:01 pm. 2.ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Director of Public Works; Joe Kloiber, Finance Director; Loren Wickham, Community Development Director; Katie Bruno, Council Secretary 1INVOCATION Invocation provided by Dan Thompson, Heights Church 4.0ATH OF OFFICE /PLEDGE OF ALLEGIANCE - Oath of Office was administered to Mayor Gary Peterson and Councilmembers Schmitt and Murzyn. The Pledge of Allegiance was recited. 5.ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Councilmember Schmitt announced that the Columbia Academy Robotics Team will be competing on Saturday January 17th 10:00 -5:30 at the Columbia Academy. Residents were encouraged to attend. 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Councilmember Schmitt announced that the Columbia Academy Robotics Team will be competing on Saturday January 17th 10:00 -5:30 at the Columbia Academy. Residents were encouraged to attend. 7.CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of December 8, 2014. MOTION: Approve the worksession minutes of January 5, 2015 Page 2 of 8 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the EDA minutes of November 3, 2014. MOTION: Move to accept the Public Arts Commission minutes of October 28, 2014. MOTION: Move to accept the Library Board minutes of December 3, 2014. MOTION: Move to accept the Traffic Commission minutes of January 5, 2015. C. Designation of Legal Newspaper for 2015. MOTION: to designate the Sun Focus News as the City of Columbia Heights official legal newspaper for 2015. D. Adopt Resolution 2015 -001, being a resolution designating official depositories for the City of Columbia Heights. *Removed for discussion. E. Adopt Resolution 2015 -002, being a resolution to accept certain donations received by the City of Columbia Heights. MOTION: Move to waive the reading of Resolution 2015 -002, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -002, being a resolution to accept certain donations received by the City of Columbia Heights. F. Appointments to HRA and EDA vacant positions. MOTION: Move to approve the mayor's appointment of Donna Schmitt, John Murzyn, Jr. and Tami Diehm to the vacant HRA positions. MOTION: Move to approve the mayor's appointment of Mayor Peterson, Donna Schmitt and John Murzyn, Jr. to the vacant EDA positions. G. Appointments to Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2015. MOTION: Move to appoint Councilmember John Murzyn, Jr. and City Manager Walt Fehst to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2015. H. Appointment of Council Liaisons and Staff Assignments to City Boards & Commissions and External Boards. *Removed for discussion. I. Appointment of volunteers to serve on the Library Design Task Force *Removed for discussion. J. Install Yield Sims On Washington St and 42nd Ave, yielding traffic on Washington Street MOTION: Move to install two -way "YIELD" signs on Washington Street and 42nd Avenue, yielding north and south bound traffic on Washington Street, as recommended by the Traffic Commission. K. Accept feasibility report for Chatham lift station MOTION: Move to accept the Feasibility Report for Chatham Lift Station Improvements, City Project No. 1414, and order preparation of final plans and specifications. Page 3 of 8 L. Acceptance of final park plans and authorization to seek bids for LaBelle park improvements *Removed for discussion. M. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for January 12, 2015. N. Public Works Blanket Orders For 2015 Purchases MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2015 budget amounts for: - De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing Contract. - Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. - Bituminous asphalt for patching/paving City streets and alleys from Compass Materials, or City of St. Paul, or T.A. Schifsky & Son's. - Curb stop and service repairs, for delinquent accounts and foreclosed properties. O. Consideration of Resolution 2015 -03 authorizing CDBG rg ant application for Clean-up of Contaminated Sites /Brownfields at 3927 & 3939 Central Avenue MOTION: Move to waive the reading of Resolution 2015 -03, there being ample copies available to the public MOTION: Move to approve Resolution 2015 -03, authorizing staff to apply for CDBG funds for Clean-up of Contaminated Sites /Brownfields at 3927 & 3939 Central Avenue NE P. Payment of Bills *Removed for discussion. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for Discussion: D, H, I, L, and P. Motion by Councilmember Williams, seconded by Councilmember Schmitt to approve Consent Agenda items A, B, C, E, F, G, H, J, K, M. N and O. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for Discussion: D. Adopt Resolution 2015 -001, being a resolution designating official depositories for the City of Columbia Heights. Councilmember Nawrocki questioned if Wells Fargo has a branch located in Columbia Heights. Finance Director Joe Kloiber commented that there is not a Wells Fargo in the City. Kloiber reported that there are particular services that are best serviced by certain banks. Councilmember Nawrocki requested the City consider Financial One Credit Union, as he would like to do business with a local business. City Manager Fehst stated he will check the requirements of the state pertaining to credit unions, and report the findings to the council. Page 4 of 8 Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -001, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2015 -001, being a resolution designating official depositories for the City of Columbia Heights. All Ayes, Motion Carried. H. Appointment of Council Liaisons and Staff Assignments to City Boards & Commissions and External Boards. City Clerk, Katie Bruno distributed an updated list of assignments, noting that Mayor Peterson would serve as liaison to the Parks & Recreation Commission, and Councilmember Schmitt would serve as liaison to the school district. Councilmember Nawrocki asked about the telecommunication commission. City Manager Fehst explained that commission is no longer active. Councilmember Schmitt suggested that councilmember Nawrocki be appointed to the commission in the event it becomes active again. Motion by Councilmember Williams, seconded by Councilmember Schmitt to approve the recommended listing of Council /Staff Assignments. All Ayes, Motion Carried. I. Appointment of volunteers to serve on the LibrM Design Task Force. Councilmember Nawrocki made a motion to appoint Bob Odden to the Task Force. City Manager Fehst noted that Mr. Odden did not submit an application. Councilmember Nawrocki made a motion to appoint Tim Utz to the Task Force. Mayor Peterson explained this was discussed at a recent worksession, where it was determined to have eleven members on the task force. Motion failed for lack of a second. Motion by Councilmember Schmitt, seconded by Councilmember Williams to appoint the eleven recommended applicants to the Library Design Task Force. All Ayes, Motion Carried. L. Acceptance of final park plans and authorization to seek bids for LaBelle park improvements. Councilmember Nawrocki stated that he is opposed to the cost of the proposed project. Director of Public Works, Kevin Hansen reported that in 2012 the Council authorized the improvements as part of a master plan. Hansen reported that a portion of the project is funded through the MWMO ($250,000.) Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to accept the Final Park Plan(s) prepared by WSB and Associates for LaBelle Park and authorize the advertisement of public bids, City project 1306 4 Ayes, 1 Nay, Motion carried. Ayes; Mayor Peterson, Councilmembers Schmitt, Murzyn, Jr., and Williams. Nay: Councilmember Nawrocki Manager Fehst commended Councilmember Schmitt and Director Hansen for the diligence in working with the MWMO for additional funding. Page 5 of 8 P. Payment of Bills Councilmember Nawrocki questioned a payment of $327.00 to Graphic Shop Inc. noting that the City is in the process of developing a new logo, and it may have been wise to wait. City Manager Fehst explained that the rebranding is expected to be a five -ten year process. Director Hansen stated that all city vehicles are required to have city identifiers in either text or logo. Councilmember Nawrocki motioned for the item to be removed. Hansen reported the item has already been paid for out of the approved 2014 budget. Motion by Councilmember Williams, seconded by Councilmember Schmitt to approve that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 154940 through 155370 in the amount of $1,915,959.71 All Ayes, Motion Carried. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations a. Award Bid For Jackson Pond Director of Public Works Kevin Hansen reported that this is a re -bid; noting original bids were rejected based on the cost. The re -bids were very good; staff recommends accepting the bid and awarding contracts to Peterson Companies. Nawrocki questioned the amount of outside funding. Hansen reported that $800,000 of the proposed $949,000 is from outside Motion by Councilmember Williams, seconded by Councilmember Nawrocki to accept bids and award the contract for the 2014 Storm Sewer Improvement Project, City Project No. 1308, to Peterson Companies, Inc. of Chisago City, Minnesota based upon their low, qualified responsible bid in the amount of $949,144.74 with funds to be appropriated from Fund 653 -51308 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All ayes, Motion Carried. C. New Business and Reports a. Appointment of Council President for 2015 Motion by Mayor Peterson, seconded by Councilmember Williams to appoint Councilmember Nawrocki as Council President for 2015. 10. ADMINISTRATIVE REPORTS City Manager City Manager Walt Fehst reported staff met with two Columbia Heights residents who have expressed a desire to conduct "Fire & Ice" a polar plunge event to be held at Silver Lake Beach on February 14th. Proceeds will go to SACA. 11. CITIZENS FORUM Barb Kondrick -4141 Reservoir Blvd asked the council to consider moving the Citizen Forum portion of the meeting to the beginning of the meeting in consideration for residents. Mayor Page 6 of 8 Peterson thanked Ms. Kondrick for her suggesting, noting the council will likely discuss the item at a future worksession. 12. ADJOURNMENT Mayor Paterson again welcomed Councilmember Murzyn Jr. Residents were reminded to remember our servicemen and women, and to try to do a random act of kindness. Meeting adjourned at 7:52 p.m. Respectively Submitted Katie Bruno, City Clerk RESOLUTION NO. 2015-01 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Treasurer - Finance Director and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Treasurer - Finance Director and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, with respect to limited - purpose imprest bank accounts at Northeast Bank, the applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any two of the three persons listed above. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. 10 Page 7 of 8 BE IT FURTHER RESOLVED, that any bank designated above as a depository, may be used as a depository for investment purposes, so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm with offices in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. RESOLUTION NO. 2015-02 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following donations; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these donations, subject to the donor- prescribed terms listed: Date Donor Doc Ref Amount Purpose 3/26/2014 CH ATHLETIC BOOSTERS CLUB 149826 5,500.00 Recreation 7/18/2014 COLUMBIA HEIGHTS ATHLE 151089 10,000.00 Recreation 11/7/2014 CH ATHLETIC BOOSTER CL 152449 10,000.00 Recreation 3/28/2014 Za I I a r,Ba rba ra 149859 12.00 Senior 4/1/2014 Tridgell,David 149887 15.00 Senior 5/22/2014 FRIENDS OF FRIDLEY SENIORS 150375 250.00 Senior 12/8/2014 LIGHTHOUSE OF COLUMBIA HEIGHTS 152716 28.00 Senior 6/3/2014 CH LIONS CLUB 150504 280.00 Jamboree 7/3/2014 RECREATION 150883 400.00 Heights Idol 7/18/2014 PALS 151087 100.00 Fi reworks 7/18/2014 COLUMBIA HEIGHTS LIONS 151088 750.00 Fireworks 27,335.00 6/10/2014 CENTERPO I NT ENERGY 41800 2,500.00 Fire 9/29/2014 COLUMBIA HEIGHTS RENTAL 41911 162.00 Fire 6/2/2014 FRIENDS OF CH 41792 251.00 Library 7/1/2014 ANONYMOUS 41821 0.15 Library 7/14/2014 ANONYMOUS 41834 20.00 Library 9/22/2014 FRIENDS OF CH LIBRARY 41904 200.00 Library 12/29/2014 JOHN M. SUPER 42002 1,000.00 Library 1/2/2014 HANSEN,ROSALIE 41641 100.00 Parks 10/1/2014 COLUMBIA HEIGHTS LIONS 41913 800.00 Parks 5,033.15 32,368.15 RESOLUTION 2015- 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING APPLICATION FOR 2015 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE PURPOSE OF PROVIDING CLEAN -UP OF CONTAMINATED SITES /BROWNFIELDS IN THE AMOUNT OF $300,000; AND FURTHERMORE, TO SUBMIT SAID APPLICATION TO ANOKA COUNTY WHEREAS, the next step in the redevelopment of these sites is environmental remediation and soils corrections with estimated cost as detailed in the grant submission, and W Page 8 of 8 WHERAS, the City has identified goals and objectives through the EDA to continue efforts to improve the Central Avenue and other business corridors, and WHEREAS, the City is seeking Community Development Block Grant (CDBG) funds in an amount up to $300,000 for Clean -up of Contaminated Sites /Brownfields at 3927 & 3939 Central Avenue, and WHEREAS, the Clean -up of Contaminated Sites/Brownfields is listed as a high priority in the County's five year plan, and WHEREAS, the use of CDBG grants are consistent with the program's national objective of slum/blight removal, and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2015 Community Development Block Grant Program to be submitted by January 16, 2015; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that the City Manager or as required, and the Mayor, is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to submit an application for $300,000 for Clean -up of Contaminated Sites /Brownfields at 3927 & 3939 Central Avenue 12 CITY COUNCIL LETTER Meeting of January 26, 2015 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: 7B APPROVAL ITEM: Rental Housing BY: Gary Gorman BY,� Licenses NO: DATE: January 21, 2015 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 26, 2015 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 13 01/20/2015 09:30 14 page 1 Print Rental Licenses to approve COLUMBIA HEIGHTS by cc 2014 1F)1"8jPjffC;TX0jP1 FIRE DEFARTMEKT DIVISION 825 41st Avenue NE • Columbia Heights, MN 55421. Inspections 763 - 706 -8156 • Fax 763 - 706 -8151 • fireinspections @ci.columbia - heights.mn.us 10301 3909 POLK ST Jensen, Jeffrey F13993 3324 Skycroft Circle $ 150.00 St. Anthony, MN 55418 10307 4417 VAN BUREN ST Bonete, Daniel F13991 4924 Tyler St NE $ 150.00 Columbia Heights, MN 55421 10418 4253 6TH ST MSRI F13761B 8300 N Mopac Expressway #200 $ 150.00 Austin, TX 78759 20039 4404 VAN BUREN ST Maciaszek, Rose F13862B 2882 Rice Creek Terrace $ 150.00 New Brighton, MN 55112 20084 3732 3RD ST Westchester Investments, Inc F13658 9637 Anderson Lakes Parkway #324 $ 150.00 Eden Prairie, MN 55344 20090 4849 5TH ST Jennings, Matthew F13939 3027 135 AVENUE $ 150.00 Ham Lake, MN 55304 20252 3915 VAN BUREN ST RHA 3 LLC F13909 3505 Kroger Blvd #400 $ 150.00 Duluth, GA 30096 30058 -NC 600 51ST AVE Chester, Tony F13903 1300 Skywood Court N.E. $ 160.00 Fridley, MN 55421 30137 4911 UNIVERSITY AVE 806 4th Street, LLC 11 -Units F13255 7900 Winsdale St N $ 248.00 Golden Valley, MN 55427 Total # of Licenses: 9 01/20/2015 09:30 14 page 1 CITY COUNCIL LETTER Meeting of. Jan. 26 2015 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: 7C DATE: Jan. 21, 2015 BY:, BACKGROUND /ANALYSIS Attached is the business license agenda for the January 26, 2015 Council meeting. This agenda consists of applications for 2015 Contractor Licenses, a Cigarette Sales License, and two Temporary Liquor Licenses for events at Immaculate Conception Church. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for January 26, 2015 as presented. COUNCIL ACTION: 15 TO CITY COUNCIL Jan. 26, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG *Hiawatha Tree Service 522543 d Ave S, Mpls $60 Chan's Consulting LLC 17993 Fullerton Ct, Lakeville $60 *Mill City Commun. 7580 Commerce Lane, Fridley $60 *Vinco Inc PO Box 907, Forest Lake $60 *Century Plumbing Inc 590 Hayward Ave N, Oakdale $60 White Eagle Plumbing 45912 %2 St NE, Col. Hts. $60 *Bartylla Plumb & Htg 8675 126th St N, Hugo $60 *Noah Acq /Ben Franklin Plumb 5720 International Pkwy, New Hope $60 *Metro Utilities 9656 161St Ave NW, Elk River $60 *Centerpoint Energy *Dave's Heating *Dean's Professional PI *Ductworks Htg *St Paul Plumb & Htg *Flare Htg & AC *J & J Mechanical *Residential Htg & AC *Air Mechanical 9320 Evergreen Blvd, Coon Rapids $60 1601 37th Ave NE, Col. Hts $60 7400 Kirkwood Ct N, Maple Gr $60 6108 Olson Mem Hwy, Gold Val $60 640 Grand Ave, St Paul $60 9303 Plymouth Ave N, Gold Val $60 452 8th Ave SW, Lonsdale $60 1815 E 41St St, Mpls $60 16411 Abderdeen ST NE Ham Lk $60 TEMPORARY LIQUOR *Immaculate Conception Church 4030 Jackson St, Col. Hts $100/$300 For events March 21, Aug 7, 8, 9 -2015 CIGARETTE SALES LICENSE *R.A. Importers 4110 Central Ave #211, Col. Hts $300 iL CITY COUNCIL LETTER Meeting of. January 26, 2015 AGENDA SECTION: CONSENT 7D NO: RESOLUTION 2015 -05 ORIGINATING DEPT: FINANCE BY: JOSEPH KLOIBER CITY MANAGER APPROVAL BY: 7 ITEM: RESOLUTION PROVIDING FOR THE SALE OF $7,000,000 GENERAL OBLIGATION LIBRARY i BONDS, SERIES 2015A DATE: 1/22/2015 Background: On November 4, 2014, a significant majority of voters approved a referendum to issue up to $7 million in general obligation bonds for construction of a new library building. The bonds are to be repaid with property tax collections over twenty years, beginning in 2016. Schedules prepared by Ehlers and Associates are attached which detail the estimated scope and timing of this bond issue. The proposed date of sale is February 9, 2015. The attached resolution only provides for the February 9t' sale. A separate resolution awarding the sale to the lowest bidder will be presented at the February 9t1i council meeting. Analysis: Staff notes that prior to the referendum vote, the estimated effect of the library bonds on the tax levy was publicized based on $6,840,000 of bonds, with taxes levied at 105% of annual debt service. If the City instead issues $7,000,000 of bonds, and maintains cash reserves equal to 5% of the annual debt service, the levy can be set at only 100% of the annual debt service. This second alternative results in a lower annual property tax effect than was publicized for the referendum, despite the size of the bond issue being slightly larger. Staff also notes that the location chosen by the City Council for the new library presents a degree of uncertainty as to the final cost to make the site buildable. Maximizing the funding available, while still adhering to the intent of the voters, provides the largest contingency for this uncertainty. In the event that site conditions are more favorable than estimated, any unused contingency would be available to reduce debt service on the library bonds. RECOMMENDED MOTION: Move to waive the reading of Resolution 2015 -05 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -05, being a resolution providing for the sale of $7,000,000 general obligation library bonds, series 2015A. JK: nb 1 5012211 COUNCIL Attachments 17 Council Member Resolution No. 2015 -05 introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $7,000,000 General Obligation Library Bonds, Series 2015A A. WHEREAS, the City Council of the City of Columbia Heights, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $7,000,000 General Obligation Library Bonds, Series 2015A (the "Bonds "), to finance construction of a new library in the community in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, as follows: 1. Authorization, Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on February 9, 2015, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this day of )2015. 18 January 26, 2015 Pre -Sale Report for EHLERS LEADERS IN PUBLIC FINANCE City of Columbia Heights, Minnesota $7,000,000 General Obligation Library Bonds, Series 2015A PM CH - • " Prepared by: Mark Ruff Senior Financial Advisor And Jason Aarsvold Financial Advisor And Stacie Kvilvang Senior Financial Advisor - �- -� -- 1 -800 -552 -1171 1 www.ehier;- inc.com 19 Executive Summary of Proposed Debt Proposed Issue: $7,000,000 General Obligation Library Bonds, Series 2015A Purposes: The proposed issue includes financing to provide funds for construction of a new library in the community. Debt service will be paid from ad valorem property taxes. Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475, the City's charter, and city -wide referendum. The amount of debt authorized in the referendum was $7,000,000. The principal amount of the Bonds will use all of the debt capacity authorized in the referendum. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. The Bonds count against the City's general obligation debt capacity limit under State Statute of 3% of market value. Term /Call Feature: The Bonds are being issued for a 21 year term. Principal on the Bonds will be due on February 1 in the years 2017 through 2036. Interest is payable every six months beginning August 1, 2015. A portion of the bond proceeds will be used to fund "capitalized interest" or the interest payments on August 1, 2015 and February 1, 2016. A City levy for taxes payable in 2016 will then be used to pay debt service. The Bonds maturing on and after February 1, 2025 will be subject to prepayment at the discretion of the City on February 1, 2024 or any date thereafter. Bank Qualification: Because the City is issuing less than $10,000,000 in the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City's most recent bond issues were rated "AA" by Standard & Poor's. The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Basis for Recommendation: Based on our knowledge of your situation, your objectives communicated to us, our advisory relationship as well as characteristics of various municipal financing options, we are recommending the issuance of General Obligations Bonds as a suitable financing option because voters have authorized this issuance and this is the most overall cost effective option that still maintains future flexibility for the repayment of debt. Presale Report January 26, 2015 City of Columbia Heights, Minnesota Page 1 20 Method of Sale /Placement: In order to obtain the lowest interest cost to the City, we will solicit competitive bids for purchase of the Bonds from local banks in your area and national and regional underwriters. We have included an allowance for discount bidding equal to 1.00% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Premium Bids: Under current market conditions, most investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered "reoffering premium." The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $7,000,000 offering may receive bids that result in proceeds of $7,140,000 to $7,700,000. The City's bond attorney indicates that the City can legally keep up to 2% of the premium for project costs. For this issue of Bonds we have been directed to use up to 2 % of the premium for project costs as long as the interest rates received result in a tax impact similar to the original estimates before the referendum. The adjustments may slightly change the true interest cost of the original bid, either up or down. You have the choice to limit the amount of premium in the bid specifications. This may result in fewer bids, but it may also eliminate large adjustments on the day of sale and other uncertainties. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there are no refunding opportunities at this time. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB "), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Presale Report January 26, 2015 City of Columbia Heights, Minnesota Page 2 21 Arbitrage Monitoring: Because the Bonds are tax - exempt securities /tax credit securities, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage /yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Tax Certificate prepared by your Bond Attorney and provided at closing. We recommend that you regularly monitor compliance with these rules and/or retain the services of a qualified firm to assist you. Risk Factors: The City has approximately $10,000,000 in unused debt limit at this time. Other debt paid in part or in whole from revenues, such as special assessments or enterprise fund resources, do not count against this limit. Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf. Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. For services you have not previously required, we have identified a service provider. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre -sale bond sizing includes a good faith estimate of these fees, so their final fees may vary. If you have any questions pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact US. Bond Attorney: Kennedy & Graven, Chartered Paying Agent: U.S. Bank Rating Agency: Standard and Poor's This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. Presale Report January 26, 2015 City of Columbia Heights, Minnesota Page 3 22 Proposed Debt Issuance Schedule Pre -Sale Review by City Council January 26, 2015 Distribute Official Statement: Week of January 19, 2015 Conference with Rating Agency: January 26, 2015 City Council Meeting to Award Sale of the Bonds: February 9, 2015 Estimated Closing Date: March 2, 2015 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts Financial Advisors: Mark Ruff (651) 697 -8505 Jason Aarsvold (651) 697 -8512 Stacie Kvilvang (651) 697 -8506 Disclosure Coordinator: Jen Chapman (651) 697 -8566 Financial Analyst: Alicia Gage (651) 697 -8551 The Official Statement for this financing will be mailed to the City Council at their home address or e- mailed for review prior to the sale date. Presale Report January 26, 2015 City of Columbia Heights, Minnesota Page 4 23 City of Columbia Heights, Minnesota $7,000,000 General Obligation Library Bonds, Series 2015 Assumes Current Market BQ AA Rates plus 25bps Sources & Uses Dated 03/01/2015 1 Delivered 03/01/2015 Sources Of Funds Par fvnount of Bonds $7,000,000.00 Total Sources Uses Of Funds $7,000,000.00 Total Underwriter's Discount (1.000 %) 70,000.00 Costs of Issuance 58,000.00 Deposit to Capitalized Interest (CIF) Fund 173,930.63 Deposit to Project Fund 6,698,069.37 Total Uses $7,000,000.00 Series 2015A GO Library B I SINGLE PURPOSE 1 1/22/2015 1 10:53 AM EHLERS LEADERS IN PUBLIC FINANCE 24 City of Columbia Heights, Minnesota $7,000,000 General Obligation Library Bonds, Series 2015 Assumes Current Market BQ AA Rates plus 25bps Debt Service Schedule Date Principal Coupon Interest Total P +I Fiscal Total 03/01/2015 - - - - _ 08/01/2015 3.1644077% Bond Yield for Arbitrage Purposes 79,059.38 79,059.38 3.2493495% 02,01.2016 - - 94,871.25 94,871.25 173,930.63 08'01:2016 - - 94,87125 94,8'125 - 02/01/2017 285,000.00 0.900% 94,871.15 3'9,8-125 474,742.50 08/01/2017 - - 93,588.75 93,588.'5 - 02,01'2018 290,000.00 1200% 93,588.75 383,588.75 477,177.50 08/01/2018 - - 91,848.75 91,848.75 - 02,'01/2019 290,000.00 1.400% 91,848.75 381,848.75 473,697.50 08 01 2019 - - 89,818.75 89,818.75 - 02/01.2020 295,000.00 1.600% 89,818.75 384,818.75 474,637.50 08.101/2020 - - 87,458.75 87,458.75 - 02/01/2021 300,000.00 1.850% 87,458.75 387,458.75 474,917.50 08:01/2021 - - 84,683.75 84,683.75 - 02/01/2022 305,000.00 2.050% 84,683.75 389,683.75 474,367.50 08/01/2022 - - 81,557.50 81,55'.50 - 02/012023 310,000.00 2.200% 81,557.50 391,557.50 473,115.00 08/01/2023 - - 78,147.50 78,147.50 - 02/01/2024 320,000.00 2.300% 78,147.50 398,147.50 476,295.00 08.'01/2024 - - 74,467.50 74,467.50 - 02,'OL2025 325,000.00 2.450% 74,467.50 399,467.50 473,935.00 08/01/2025 - - 70,486.25 70,486.25 - 02/01/2026 335,000.00 2.550% 70,486.25 405,48625 475,972.50 08/01/2026 - - 66215.00 66,215.00 - 02/01/2027 340,000.00 2.700% 66,215.00 406215.00 472,430.00 08/01/2027 - - 61,625.00 61,625.00 - 02/01/2028 350,000.00 2.850% 61,625.00 411,625.00 473,250.00 08/01/2028 - - 56,637.50 56,637.50 - 02!01/2029 360,000.00 3.05000/ 56,637.50 416,637.50 473 275.00 08/01,2029 - - 51,147.50 51,147.50 - 02/01/2030 375,000.00 3.200% 51,147.50 426,147.50 477,295.00 08/01/2030 - - 45,147.50 45,147.50 - 02/01/2031 385,000.00 3.350% 45,147.50 430,147.50 475,295.00 08/01/2031 - - 38,698.75 38,698.75 - 02,'01/2032 400,000.00 3.450% 38,698.75 438,698.75 477.397.50 08/01.2032 - - 31,798.75 31,798.75 - 02/01/2033 410,000.00 3.550% 31,798.75 441,798.75 473,597.50 08/01/2033 - - 24,52125 24,521.25 - 02/01/2034 425,000.00 3.650% 24,521.25 449,52] 25 474,04250 08/01/2034 - - 16,765.00 16,765.00 - 02/012035 440,000.00 3.700% 16,765.00 456,765.00 473,530.00 08/012035 - - 8,625.00 8,625.00 - 02/012036 460,000.00 3.750% 8,625.00 468,625.00 477,250.00 Total $7,000,000.00 $2,670,150.63 $9,670,150.63 Yield Statistics Bond Year Dollars $85,891.67 Average Life 12.270 Years Average Coupon 3.1087424% Net Interest Cost (NIQ 3.1902404% True Interest Cost (TIC) 3.1644077% Bond Yield for Arbitrage Purposes 3.0631969% All Inclusive Cost (AIC) 3.2493495% IRS Form 8038 Net Interest Cost 3.1087424% Weighted Average Maturity 12.270 Yeats Series 2015A GO Library B I SINGLE PURPOSE 1 122/2015 1 10:53 AM 10 EHLERS LEADERS IN PUBLIC FINANCE 25 City of Columbia Heights, Minnesota $7,000,000 General Obligation Library Bonds, Series 2015 Assumes Current Market BQ AA Rates plus 25bps Net Debt Service Schedule Series 2015A GO Library B I SINGLE PURPOSE 1 1/22/2015 1 10:53 AM E. H L E RS LEADERS IN PUBLIC FINANCE 26 Fiscal Date Principal Coupon Interest Total P +I CIF Net New D/S Total 03/01/2015 - - 08'012015 79,059.38 79,059.38 (79,059.38) - 02i01/2016 94,871.25 94,871.25 (94,871.25) 08/01'2016 - - 94,871.25 94,871.25 94,871.25 - 02/01.2017 285,000.00 0.900% 94,871.25 379,871.25 379,871.25 474,742.50 08/01/2017 - - 93,588.75 93,588.75 93,588.75 - 02,01/2018 290,000.00 1.200% 93,588.75 383,588.75 383,588.75 477,177.50 08.'01/2018 - - 91,848.75 91,848.75 91,848.75 - 02012019 290,000.00 1.400% 91,848.75 381,848.75 381,848.75 473,697.50 08,01/2019 - - 89,818.75 89,818.75 89,818.75 - 02.'01/2020 295,000.00 1.600% 89,818.75 384,818.75 384,818.75 474,637.50 08/0112020 - - 87,458.75 87,458.75 87,458.75 - 02/01 '2021 300,000.00 1.850% 87,458.75 387,458.75 387,458.75 474,917.50 08/012021 - - 84,683.75 84,683.75 84,683.75 - 02/01/2022 305,000.00 2.050% 84,683.75 389,683.75 389,683.75 474,367.50 08/01/2022 - - 81,557.50 81,557.50 81,557.50 - 02,01'2023 310,000.00 2.200% 81,557.50 391,557.50 391,557.50 473,115.00 08.'012023 - - 78,147.50 78,147.50 78,147.50 - 02,'01,2024 320,000.00 2.300% 78,147.50 398,147.50 398,147.50 476,295.00 08,'01/2024 - - 74,467.50 74,467.50 74,467.50 - 02.01.'2025 325,000.00 2.450% 74,467.50 399,467.50 399,467.50 473,935.00 08/01/2025 - - 70,486.25 70,486.25 70,486.25 - 02,01,2026 335,000.00 2.550% 70,486.25 405,486.25 405,486.25 475,972.50 08/01.2026 - - 66,215.00 66,215.00 66,215.00 - 02, "01/2027 340,000.00 2.700% 66,215.00 406,215.00 406,215.00 472,430.00 08,01,2027 - - 61,625.00 61,625.00 61,625.00 - 02'01/2028 350,000.00 2.850% 61,625.00 411,625.00 411,625.00 473,250.00 08.01/2028 - - 56,637.50 56,637.50 56,637.50 - 02 01.2029 360,000.00 3.050% 56,637.50 416,637.50 416,637.50 473,275.00 08�01i2029 - - 51,147.50 51,147.50 51,147.50 - 02'012030 375,000.00 3.200% 51,147.50 426,147.50 426,147.50 477,295.00 08/01/2030 - - 45,147.50 45,147.50 45,147.50 - 02,01/2031 385,000.00 3.350% 45,147.50 430,147.50 430,147.50 475,295.00 0801/2031 - - 38,698.75 38,698.75 38,698.75 - 02.'O1'2032 400,000.00 3.450% 38,698.75 438,698.75 438,698.75 477,397.50 08/01,2032 - - 31,798.75 31,798.75 31,798.75 - 02/01,2033 410,000.00 3.550% 31,798.75 441,798.75 441,798.75 473,597.50 08,'01,'2033 - - 24,521.25 24,521.25 24,521.25 - 02/0V2034 425,000.00 3.650% 24,521.25 449,521.25 449,521.25 474,042.50 08/01/2034 - - 16,765.00 16,765.00 16,765.00 - 02./01/2035 440,000.00 3.700% 16,765.00 456,765.00 456,765.00 473,530.00 08,'01'2035 - - 8,625.00 8,625.00 8,625.00 - 02'01/2036 460,000.00 3.750% 8,625.00 468,625.00 468,625.00 477,250.00 Total $7,000,000.00 - $2,670,150.63 $9,670,150.63 (173,930.63) $9,496,220.00 - Series 2015A GO Library B I SINGLE PURPOSE 1 1/22/2015 1 10:53 AM E. H L E RS LEADERS IN PUBLIC FINANCE 26 CITY COUNCIL LETTER Mi- imfinrt nf• Tnniinr r 1A ')A1 G AGENDA SECTION: CONSENT 7E NO: RESOLUTION 2015 -06 ORIGINATING DEPT: FINANCE BY: JOSEPH KLOIBER CITY MANAGER APPROVAL BY ' ITEM: RESOLUTION APPROPRIATING CERTAIN INTERFUND TRANSFERS TO THE LIBRARY CAPITAL BUILDING FUND DATE: 1/22/2015 Background: At various 2014 city council meetings and work sessions, council members, staff, and the public have discussed options for financing construction of a new library. Throughout these discussions, there has always been an assumption that a portion of the construction would be paid from available fund balances. A tentative list of such fund balances was included as an informational item in the agenda packet for the June 9, 2014 council meeting. The City is about to begin marketing the upcoming library bond issue, with an expected sale date of February 9, 2015. For that marketing effort, and for planning purposes, it is important for the city council to formally approve the amount and sources of the fund balance expected to be used in the library project. Analysis: The amount of fund balance currently proposed for the library project is $2,300,000 plus the related city - owned land. This is the same as proposed on June 9, 2014. The sources of fund balance currently proposed are substantially the same as proposed on June 9t' with one material change. This change substitutes $175,000 of fund balance from the General Fund, in lieu of certain 2015 state aid (LGA). When the 2015 budget was adopted in December 2014, the city council opted to use that particular portion of state aid for a park project (splash pad) instead of for the library project. Note that through previous actions, the city council has already transferred $925,000 of the planned $2,300,000 to the Library Capital Building Fund (fund 450). The net remaining transfers listed on Exhibit A of the attached resolution therefore only total $1,375,000. RECOMMENDED MOTION: Move to waive the reading of Resolution 2015 -06 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -06, being a resolution appropriating certain interfund transfers to the Library Capital Building Fund. JK: nb 15012212COL NCIL Attaclnnents 27 RESOLUTION NO. 2015-06 APPROPRIATING CERTAIN INTERFUND TRANSFERS TO THE LIBRARY CAPITAL BUILDING FUND WHEREAS, on November 4, 2014, the registered voters of the City of Columbia Heights approved, by referendum vote, a ballot measure to issue up to $7,000,000 in general obligation bonds for the construction and financing of a new public library; and WHEREAS, the estimated construction and other costs of the proposed library project, as considered throughout 2014 by the City Council of the City of Columbia Heights, with significant input from the public and architectural consultants, is greater than $7,000,000; and WHEREAS, the City of Columbia Heights has adequate fund balances, available to finance the estimated costs that exceed the aforementioned $7,000,000 in general obligation bonds; NOW, THEREFORE, BE IT RESOLVED that the 2015 City of Columbia Heights' budget is amended to appropriate the interfund transfers listed on the attached Exhibit A, to the Library Capital Building Fund. (The remainder of this page is intentionally blank) 28 RESOLUTION NO. 2015 -06 EXHIBIT A Detail of Interfund Transfers to the Library Capital Building Fund (No. 450) Special Projects Fund (No. 226) Cable Television Fund (No. 225) Capital Improvement Development Fund (No. 420) Insurance Internal Service Fund (No. 884) General Fund (No. 10 1) Passed this day of Offered by: Seconded by: Roll Call: Katie Bruno, City Clerk 2015 Total $500,000 $300,000 $375,000 $25,000 $175,000 $1,375,000 Mayor Gary Peterson 29 CITY COUNCIL LETTER Meeting of: January 26, 2015 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY CONSENT NO: 7F CITY MANAGER'S OFFICE MANAGER'S APPROVAL ITEM: RESOLUTION 2015 -08 BY: KELLI BOURGEOIS BY: NO: LELS LABOR AGREEMENT — DATE: JANUARY 20, 2015 DATE. SERGEANTS The labor agreement between the City and Law Enforcement Labor Services (LELS), representing the Police Sergeants, terminated on December 31, 2014. Negotiations between the City and Law Enforcement Labor Services, Inc. - Sergeants Unit have resulted in a mutually acceptable labor agreement for calendar years 2015 and 2016. The proposed changes are as follows: Wages: 2015: 2% adjustment over 2014 wages, effective January 1, 2015 2016: 2.5% adjustment over 2015 wages, effective January 1, 2016 Insurance: $865 per month City contribution to premiums for 2015 and 2016 (no change from 2014). 2015: $30 per month City contribution into a city designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. 2016: $60 per month City contribution into a city designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. Attached please find Resolution 2015 -08 which would adopt and establish the changes as negotiated for calendar years 2015 and 2016. Also attached please find a copy of the new contract language incorporating said changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -08, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local #342, Police Sergeants, effective January 1, 2015- December 31, 2016. COUNCIL ACTION: 30 Exhibit A * PROPOSED CHANGES FOR 2015/2016 LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. UNION, LOCAL NO. 342 POLICE SERGEANTS January 1, 2015 — December 31, 2016 31 ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of eight hundred and sixty -five dollars ($865) per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life, and long -term disability insurance for calendar years 2015 and 2016. 11.2 Effective January 1, 2015 the EMPLOYER will contribute thirty dollars ($30) per month per (permanent and probationary full -time) employee into a City designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. 11.3 Effective January 1, 2016 the EMPLOYER will contribute sixty dollars ($60) per month per (permanent and probationary full -time) employee into a City designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. 11.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. 11.5 Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. ARTICLE XIX WAGE RATES 19.1 Effective January 1, 2015: Entry: $6,993 per month After 1 year: $ 7,209per month 19.2 Effective January 1, 2016: Entry: $7,168 per month After 1 year: $7,389 per month 19.3 As a form of additional compensation, the City will contribute $1 per permanent and probationary full time employee toward a city- sponsored deferred compensation program for every $1 contributed by such employee toward such city- sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar year 2015, and $425 for calendar year 2016. 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MOTION: Move to adopt Resolution Number 2015 -04, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 42 RESOLUTION 2015 -04 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving the emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Brian J. Ketchum (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4201 Jefferson Street N.E. Columbia Heights, Minnesota. 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. That water was shut off and determined abandoned as of 01/06/09 by the City Building Official. 2. That on December 29, 2014 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was unsecured. 3. That on December 29, 2014 the Fire Chief ordered that Advance Companies secure the vacant structure. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Emergency Abatement of the hazardous situation located at 4201 Jefferson Street N.E. CONCLUSIONS OF COUNCIL That the property located at 4201 Jefferson Street N.E. is in violation of the Columbia Heights City Code as set forth above. 2. That the emergency abatement of the hazardous situation located at 4201 Jefferson Street N.E. is hereby approved. 43 ORDER OF COUNCIL 1. The property located at 4201 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. Passed this day of 2015 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk/Council Secretary 44 CITY COUNCIL LETTER Meeting of Jnnunry 9,6. ?,01 5 AGENDA SECTION: OTHER ITEMS FOR CONSIDERATION = NO: RESOLUTION 2015 -07 ORIGINATING DEPT: FINANCE BY: JOSEPH KLOIBER CITY MANAGER APPROVAL BY: ITEM: RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF A PORTION OF THE CITY'S OUTSTANDING GENERAL DATE: 1/22/2015 OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A Background: In 2014, the EDA and City Council decertified the Sheffield (M8) TIF district. The City's share of the remaining unused tax increment from that district is approximately $118,000. These funds are not restricted to any specific purpose. When considering the 2015 budget, council members expressed some interest in using these one -time funds to reduce property taxes. One option available is to prepay the last one or two principal payments due on the 2007A General Obligation Bonds. This would match one -time funds with a one -time use. These payments are due February 1St, 2017 and 2018. Currently, principal and interest on these bonds is paid with an annual property tax levy of approximately $137,000. The 2007A GO bonds were issued to fund street projects, with an interest rate of 4.375 %. Analysis: The attached resolution, if adopted, will prepay the final two principal payments in the amount of $245,000 with interest of approximately $1,200 on March 13, 2015. Redeeming these bonds early, will not only allow the City to cancel the last two years of the debt levy for this bond issue, but will also reduce interest costs by approximately $28,000. In addition, cancelling the last two years of this debt levy coincides with the start of the library bond levy approved by the voters in the recent referendum, thereby reducing the overall tax increase that would otherwise be required in 2016. Obviously, to make the March 13th prepayment of $246,200 will require use of more than just the $118,000 of unused tax increment recognized in the General Fund in 2014. Staff estimates that there is $10,200 available for this prepayment in the 2007A Bonds Debt Service Fund 341. If the city council adopts the attached prepayment resolution 2015 -07, staff recommends that the city council appropriate both the $118,000 of unused increment and the required remainder of approximately $118,000 from the fund balance of the General Fund. A separate resolution 2015 -10 is on the agenda for this purpose. RECOMMENDED MOTION: Move to waive the reading of Resolution 2015 -07 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -07, being a resolution providing for the prepayment and redemption of a portion of the city's outstanding General Obligation Street Rehabilitation Bonds, Series 2007A. JK: nb 15012213COUNCIL Attachments 45 Extract of Minutes of Meeting of the City Council of the City of Columbia Heights, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Columbia Heights, Minnesota, was duly held in the City Hall on Monday, January 26, 2015, commencing at 7:00 P.M. The following members were present: and the following were absent: Member introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: 46 RESOLUTION NO. 2015-07 RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City "), as follows: 1. The City previously issued and sold its General Obligation Street Rehabilitation Bonds, Series 2007A (the "Bonds "), dated September 19, 2007, in the original aggregate principal amount of $1,000,000, of which $460,000 in principal amount is currently outstanding. Bonds maturing on or after February 1, 2016, are subject to call for prior redemption on February 1, 2015, or on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part, and if in part, at the option of the City and in such order as the City will determine and within a maturity selected by the U.S. Bank National Association, Saint Paul, Minnesota, acting as the registrar for the Bonds (the "Registrar "). Prepayments will be at a price of par plus accrued interest. 2. It is determined that it is in the best interests of the sound financial management of the City that Bonds maturing on February 1, 2017, and thereafter be prepaid and redeemed on March 13, 2015 (or on the first date thereafter for which the Registrar can provide proper notice to the holders of the Bonds), and those Bonds are hereby called for redemption on that date in the aggregate principal amount of $245,000. 3. The Registrar is authorized and directed to mail notice of call for redemption of the Bonds in the form attached hereto as EXHIBIT A to the registered owners of each Bond to be redeemed at the address shown on the registration books kept by the Registrar. 4. The City Finance Director will also cause the notice of redemption to be disclosed pursuant to the Continuing Disclosure Certificate, dated September 19, 2007, related to the Bonds. (The remainder of this page is intentionally left blank.) 47 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof and the following voted against: whereupon said resolution was declared duly passed and adopted. Adopted: January 26, 2015 Mayor ATTEST: City Clerk 48 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $1,000,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION STREET REHABILITATION BONDS SERIES 2007A NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City "), there have been called for redemption and prepayment on March 13, 2015 certain outstanding bonds of the City designated as General Obligation Street Rehabilitation Bonds, Series 2007A, dated September 19, 2007, having stated maturity dates of February 1 in the years 2017 through 2018, both inclusive, totaling $245,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2017 $120,000 197684 MI-13 2018 125,000 197684 MJ9 The bonds are being called at a price of par plus accrued interest to March 13, 2015, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of Saint Paul, Minnesota, on or March 13, 2015. If by mail: U.S. Bank National Association Corporate Trust Operations, P Floor P.O. Box 64111 St. Paul, MN 55164 -0111 If by hand or overnice U.S. Bank National Association 60 Livingston Avenue EP- MN -WS3C Bond Drop Window, 1St Floor St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W -9 Form, which may be obtained at a bank or other financial institution. 49 Dated: 2015. BY ORDER OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By /s/ Walt Fehst City Manager City of Columbia Heights, Minnesota 50 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified City Clerk of the City of Columbia Heights, Minnesota (the "City "), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Monday, January 26, 2015, with the original thereof on file in my office, and the same is a full, true, and complete transcript therefrom insofar as the same relates to the prepayment and redemption of the City's General Obligation Street Rehabilitation Bonds, Series 2007A, issued in the original aggregate principal amount of $1,000,000. WITNESS My hand as City Clerk and the corporate seal of the City this day of 2015. (SEAL) City Clerk City of Columbia Heights, Minnesota 51 CITY COUNCIL LETTER Meeting o£ January 26. 2015 AGENDA SECTION: OTHER ITEMS FOR CONSIDERATION —NO: RESOLUTION 2015 -10 ORIGINATING DEPT: FINANCE BY: JOSEPH KLOIBER CITY MANAGER APPROVAL BY: ITEM: RESOLUTION APPROPRIATING AN INTERFUND TRANSFER TO THE GENERAL p/ OBLIGATION STREET REHABILITATION BONDS DATE: 1/22/2015 SERIES 2007A DEBT SERVICE FUND Background: Included in the agenda for the January 26th council meeting is resolution 2015 -07, which provides the city council with the option of prepaying a portion of the General Obligation Street Rehabilitation Bonds, Series 2007A. In the event that the council adopts resolution 2015 -07 for prepayment of those bonds, staff recommends that the council also adopt the attached resolution 2015 -10 to fund that prepayment. Analysis: Please refer to the section of the agenda packet for prepayment resolution 2015 -07 for the explanation and analysis of this matter. RECOMMENDED MOTION: Move to waive the reading of Resolution 2015 -10, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -10, being a resolution appropriating an interfund transfer to the General Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund. JK: nb 15012214COUNCIL Attachments 52 RESOLUTION NO. 2015-10 APPROPRIATING AN INTERFUND TRANSFER TO THE GENERAL OBLIGATION STREET REHABILITATION BONDS SERIES 2007A DEBT SERVICE FUND WHEREAS, the City Council of the City of Columbia Heights has adopted resolution 2015 -07, calling for the prepayment and redemption of a portion of the city's outstanding General Obligation Street Rehabilitation Bonds, Series 2007A, in the amount of $245,000 plus interest; and WHEREAS, the City of Columbia Heights General Fund received approximately $118,000 in unassigned and unbudgeted revenue in 2014 from the decertification of the Sheffield Tax Increment Financing District; and WHEREAS, in addition to the aforementioned revenue, the City of Columbia Heights General Fund has sufficient unassigned fund balance to apply an additional $118,000 of unassigned fund balance to the prepayment and redemption; and WHEREAS, these amounts from the General fund, together with existing fund balance in the City of Columbia Heights General Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund, are sufficient to fund the prepayment and redemption; and WHEREAS, an interest cost savings of approximately $28,000; and reductions in bond levies for the years 2016 and 2017, can obtained by the City of Columbia Heights by the prepayment and redemption; NOW, THEREFORE, BE IT RESOLVED that the 2015 City of Columbia Heights' budget is amended to appropriate an interfund transfer of $236,000 from the General Fund to the General Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund. Passed this day of 32015 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Katie Bruno, City Clerk 53 CITY COUNCIL LETTER Meeting of. January 26, 2015 AGENDA SECTION: ITEMS FOR ORIGINATING CITY CONSIDERATION NO: 9A c DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: COMCAST SETTLEMENT AGREEMENT AND BY: Kelli Bourgeois BY: A FRANCHISE ORDINANCE AMENDMENT DATE: 1/20/15 L' DATE:` NO: Resolution No. 2015 -09 Ordinance No. 1617 Background The Cable Franchise between Comcast and the City of Columbia Heights (the "City ") is presently set to expire on December 31, 2015. Comcast also recently filed an application with the City requesting that its franchise be transferred to Midwest Cable. There also remains pending certain franchise compliance issues and certain needs and interests of the City that need to be addressed. Mike Bradley, in consultation with City staff, negotiated a Franchise Settlement Agreement with Comcast that addresses several of these issues. The following are some highlights of the Agreement: • Cable Franchise to be extended through May 31, 2020. This will allow the City to avoid the costs of a typically expensive renewal process for several years, allowing it to focus its resources on other City needs. • The City, upon 90 days' notice, will receive 1 high definition (HD) channel (replacing a standard definition (SD) channel) with provisions for channel placement and quality. The City currently has no HD channels. This will give HD subscribers access to the City's programming with the best signal quality. • The City will have the option, after 12 months, to replace an additional SD channel with an HD channel, giving the City 2 HD channels and 2 SD channels. • The City will have access to the Electronic Programming Guide, which will allow viewers to view programming information of the City across multiple platforms. • Comcast will pay the City approximately $4,000 for a franchise fee underpayment. The City benefitted from findings by another of Mr. Bradley's clients without having to expend any additional resources on a financial expert. • Comcast will provide 3 digital converters to all municipal locations receiving complementary drops and outlets. Comcast will also provide an additional 15 HD converter boxes to be used at the City's discretion. This should cover all of the outlets at municipal locations currently receiving complementary service. • The City will receive a PEG fee of $0.90 per subscriber per month until the franchise renews. Currently subscribers are paying $0.90 per month in PEG Fees, which Comcast receives to recoup a grant given to 54 the City as part of the last cable franchise renewal. After June 30, 2015, the City will receive the entire PEG Fee, which will result in additional funding for the PEG channels and is in addition to the franchise fee. • Consent to the Transfer Application. Comcast has submitted an application requesting that the City approve a transfer of the Comcast franchise to Midwest Cable. Midwest Cable will do business as GreatLand. The attached resolution was negotiated with both Comcast and GreatLand. The resolution lists several contingencies, including the actual closing of the proposed transaction, receipt of necessary federal approvals, executing a guaranty of performance and executing a guaranty regarding rates. All of the City's costs associated with the review of the Transfer Application will be paid by Comcast. Cable Television Franchise Ordinance Amendment Staff has prepared a Cable Television Franchise Ordinance Amendment for City Council action. It extends the existing Cable Television Franchise Ordinance through May 31, 2020, and it requires Comcast's acceptance. Staff Recommendation The City's Legal Representative and staff recommendation is to: (1) approve the Settlement Agreement and authorize the execution of the Settlement Agreement and the attached Conditional Transfer Approval; and (2) approve the Franchise Amendment Ordinance. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -09, regarding conditionally granting the consent to transfer control of the cable television franchise and cable television system from Comcast Corporation to GreatLand Connections, Inc. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Ordinance No. 1617, Cable Television Franchise Ordinance Amendment, upon first reading and set the second reading for Monday, February 9, 2015 at approximately 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: 55 FRANCHISE SETTLEMENT AGREEMENT THIS AGREEMENT is made as of the _ day of January, 2015, by and between the City of Columbia Heights, Minnesota ( "City "), a municipal corporation, and Comcast of Minnesota, Inc. ( "Franchisee "), collectively (the "Parties "); WHEREAS, Franchisee operates a cable system in Columbia Heights pursuant to a cable franchise agreement between the City and Franchisee ( "Franchise Agreement "); and WHEREAS, the Parties desire to resolve certain outstanding legal and franchise issues through this Agreement. NOW THEREFORE, IN CONSIDERATION of the mutual covenants, terms, conditions and representations contained herein, the parties agree as follows: A. Franchise Extension. 1) The Franchise Agreement is currently set to expire on December 31, 2015. The City and Franchisee hereby agree to extend the Franchise Agreement and the August 25, 2010 Letter Agreement through May 31, 2020. By agreeing to this extension, no party is waiving any rights under Section 626 of the Federal Cable Act, nor shall it be necessary for Franchisee to re- invoke its renewal rights under Section 626. B. PEG Channels — HD PEG Channels and Electronic Programming Guide. 2) Section 11.106 of the Franchise Agreement sets forth obligations related to PEG channels and required the provision of up to four PEG channels. 3) Upon 90 days' notice, Franchisee will carry one of the existing standard definition (SD) PEG channels in high definition (HD) format on the cable system such that the City will have 4 PEG Channels, 3 SD and 1 HD PEG channels. The City represents that it has or will have available by that date sufficient local, non - character generated programming in HD format so as to provide content of value to viewers and not have a blank channel. Any time after twelve months from the date of this Agreement, Franchisee will carry an additional PEG channel in HD in the same manner as the first HD channel, such that the City will continue to have 4 PEG Channels; 2 carried in SD and 2 carried in HD. Franchisee may choose to simulcast all of the SD PEG Channels in HD. 4) Franchisee will deliver the high definition signal to subscribers so that it is viewable without degradation, provided that it is not required to deliver a HD PEG Channel at a resolution higher than the highest resolution used in connection with the delivery of local broadcast signals to the public. Franchisee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, amount of system capacity or bandwidth, and other processing characteristics) that produces a signal as accessible, functional, useable and of a quality comparable (meaning indistinguishable to the viewer) to broadcast HD channels carried on the cable system. 56 5) The HD PEG Channel will be assigned a number near the other high definition local broadcast stations if such channel positions are not already taken, or if that is not possible, near high definition news /public affairs programming channels if such channel positions are not already taken, or if not possible, as reasonably close as available channel numbering will allow. 6) City acknowledges that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD- capable digital device /receiver), but any subscriber who can view an HD signal delivered via the cable system at a receiver shall also be able to view the HD PEG channel at that receiver, without additional charges or equipment. By agreeing to make PEG available in HD format, Franchisee is not agreeing it may be required to provide free HD equipment to customers including complimentary municipal and educational accounts and universal service accounts, nor modify its equipment or pricing policies in any manner. City acknowledges that not every customer may be able to view HD PEG programming (for example, because they don't have an HDTV in their home or have chosen not to take an HD capable receiving device from Franchisee or other equipment provider) or on every TV in the home. 7) Franchisee will provide a bill message announcing the launch of the HD PEG channel; however City acknowledges that not all customers may receive the bill message notice in advance of the channel launch in the interests of launching the channel sooner. 8) Franchisee will make available to the City the ability to place PEG channel programming information on the interactive channel guide by putting the City in contact with the electronic programing guide vendor ("EPG provider ") that provides the guide service. Franchisee will be responsible for providing the designations and instructions necessary to ensure the channels will appear on the programming guide throughout the jurisdictions that are part of the City and any necessary headend costs associated therewith. The City shall be responsible for providing programming information to the EPG provider and for any costs the EPG provider charges to programmers who participate in its service. 9) The Parties agree that Franchisee will continue to charge a PEG Fee of $0.90 per subscriber per month until the franchise renews. Franchisee may continue to recover the grant given to the City out of the PEG Fee and, once the grant is fully recovered, all of the PEG Fee will be remitted to the City on a quarterly basis. Franchisee shall fully recover the grant on or before July 31, 2015. The PEG Fee will be paid to the City at the same time as the Franchise Fee. C. Franchise Fee Payment Correction. 10) Franchisee will pay the City $3,963.08 in full settlement of the franchise fees due on bundled services for January 1, 2012 through December 31, 2014. Franchisee's payment shall be due within 45 days of the City's approval of this Agreement, unless otherwise agreed by the parties. D. Complimentary Cable Services. 11) Section 11.102 (1) of the Franchise Agreement requires Franchisee to provide one device per complimentary drop listed in Exhibit B to the Franchise Agreement and certain other locations. 2 ON Franchisee agrees to provide upon request up to 3 digital converters (digital converter or DTA at Franchisee's option) per complimentary drop location listed in Franchise Agreement Exhibit B and certain other locations per the franchise if needed to receive the cable service. Franchisee will also provide an additional 15 HD converter boxes to use at the City's discretion. E. Transfer Consent. 12) This Agreement is subject to the City's adoption of the Transfer Resolution, attached hereto and incorporated herewith as Exhibit A, no later than its last January 2015 meeting. F. Transfer Related Costs. 13) Franchisee agrees to reimburse the City for its costs related to the review of the Transaction in the amount of $15,000 to be paid within 45 business days of the City's adoption of the Transfer Resolution referenced below. The Parties agree that this payment shall not be deemed to exceed the franchise fee cap specified in Section 622(a) of the Cable Act, 47 U.S.C. § 542(a), and shall at no time be offset against or deducted from franchise fee payments, grants or other financial support or in -kind compensation paid to the City under the Franchise. This provision is agreed to solely for the purpose of this Settlement Agreement, and does not prejudice either party from taking a different position regarding the franchise fee issues in the future. G. Release. 14) In consideration of the benefits conferred herein, the City releases and forever discharges the Franchisee, including its agents, employees, parents, subsidiaries and affiliates from any and all claims and release and forever discharge it from all Franchise - related claims, Franchise violations, and Franchise - related compliance issues as of the effective date of this Agreement. H. Miseellaneous Provisions. 15) This Agreement is a compromise. The Parties agree that this Agreement may not be used to prove that there is a need or interest (or lack thereof) in decreasing, increasing or maintaining the current number of PEG channels, or in the need or interest (or lack thereof) in providing PEG in HD, or in other formats. 16) Each Party represents that it has the power and authority to enter into this Agreement. Any breach of this Agreement shall be subject to all remedies available to the Parties at law or in equity and shall be enforceable as a franchise obligation. 17) This Agreement sets forth the entire agreement of the Parties with respect to its subject matter, there being no other promise or inducement to or for the execution of the Agreement other than the consideration cited above. There are no contingencies, conditions precedent, representations, warranties, or other agreement, or otherwise, regarding settlement between the Parties not stated herein. 58 18) The Parties acknowledge that this Agreement is the product of negotiations between the Parties and does not constitute, and shall not be construed as an admission of liability on the part of any Party. 19) This Agreement shall insure to the benefit of, and shall be binding on, the Parties and their respective successors and assigns. 20) This Agreement may not be modified or amended, nor any of its terms waived, except by an amendment signed by duly authorized representatives of the Parties. 21) This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota without regard to conflicts of law principles. 22) The Parties shall not take any action to challenge, or cause another person or entity to challenge, any provision of this Agreement as contrary to or unenforceable under applicable laws, regulations, orders and decisions, nor will they participate with any other person or entity in any such challenge to this Agreement. 23) This Agreement shall be effective upon the date when it is executed on behalf of both Parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by duly authorized representatives of each Party on the dates written below. CITY OF COLUMBIA HEIGHTS, MN Title: Date: COMCAST OF MINNESOTA, INC. Title: Date: 11 59 Exhibit A RESOLUTION NO. 2015-09 A RESOLUTION CONDITIONALLY GRANTING THE CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE AND CABLE TELEVISION SYSTEM FROM COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC. WHEREAS, the City of Columbia Heights, Minnesota, is a Minnesota Statutory City; and WHEREAS, Comcast of Minnesota, Inc., ( "Franchisee ") holds a franchise (the "Franchise ") to operate a cable television system (the "System ") in the City pursuant to a franchise ordinance (the "Franchise Ordinance "); and WHEREAS, Section 11.110(E) of the Franchise Ordinance requires the City's prior consent to a fundamental corporate change, including a merger or a change in Franchisee's parent corporation; and WHEREAS, the City has the authority to administer and enforce the Franchise; and WHEREAS, after a series of transfers, Comcast of Minnesota, Inc., was approved by the City as the Franchise holder, pursuant to prior transfer resolutions (the "Prior Transfer Resolutions "). The Prior Transfer Resolutions, the Franchise, the Franchise Ordinance, and the Franchise Settlement Agreement together with any applicable resolutions, codes, ordinances, acceptances, acknowledgments, guarantees, amendments, memoranda of understanding, social contracts and agreements, are collectively referred to as the "Franchise Documents;" and WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly -owned subsidiary of Comcast Corporation ( "Comcast "); and WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and transfer the Franchise and Cable System to Midwest Cable, Inc., in a process described in the Transfer Application (the "Proposed Transaction "); and WHEREAS, immediately following the closing of the Proposed Transaction, Midwest Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer applicant will be referred to as "GreatLand" throughout; and WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the City on June 18, 2014, together with certain attached materials, which documents more fully describe the Proposed Transaction and which documents, with their attachments, contain certain promises, conditions, representations and warranties (the "Transfer Application "); and WHEREAS, under the Proposed Transaction, the Franchise and Cable System will stay with Franchisee, and its ultimate parent company will be GreatLand; and WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the [:117 Franchisee and the System will change, and it requires the prior written approval of the City; and WHEREAS, Comcast, through its subsidiaries, provided written responses to some of the data requests issued by the City, including directing the representatives of the City to publicly filed and available information, and information posted to Comcast Corporation and other websites (the "Data Request Responses "); and WHEREAS, the City reviewed the Transfer Application and considered all applicable and relevant factors; and WHEREAS, in reliance upon the representations made by and on behalf of Comcast of Minnesota, Inc., Comcast, and GreatLand, to the City, the City is willing to grant consent to the Proposed Transaction, so long as those representations are complete and accurate; and WHEREAS, the City's approval of the Proposed Transaction is therefore appropriate if the Franchisee will continue to be responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: Section 1. The City's consent to and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise Ordinances, subject to the following conditions: 1.1 Neither the Franchise, nor any control thereof, nor the System, nor any part of the System located in any municipal public rights -of -way in the City or on municipal property, shall be assigned or transferred, in whole or in part, without filing a written application with the City and obtaining prior written approval of such transfer or assignment, but only to the extent required by applicable law. 1.2 The City's approval of the Transfer Application is made without prejudice to, or waiver of, its and /or the City's right to fully investigate and consider during any future franchise renewal process: (i) Franchisee's financial, technical, and legal qualifications; (ii) Franchisee's compliance with the Franchise Documents, except as set forth in the Franchise Settlement Agreement; and (iii) any other lawful, relevant considerations. 1.3 The City's approval of the Transfer Application is made without prejudice to, or waiver of, any right of the City to consider or raise claims based on Franchisee's defaults, any failure to provide reasonable service in light of the community's needs, or any failure to comply with the terms and conditions of the Franchise Documents, or with applicable law, except as set forth in the Franchise Settlement Agreement. 1.4 Subject to the Franchise Settlement Agreement, the City waives none of their rights with respect to the Franchisee's compliance with the terms, conditions, requirements and obligations set forth in the Franchise Documents and in applicable law. The City's approval of the Transfer Application shall in no way be deemed a representation by the City that the Franchisee is in compliance with all of its obligations under the Franchise Documents and applicable law. 2 61 1.5 After the Proposed Transaction, GreatLand and Franchisee will be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise Documents and applicable law. The Proposed Transaction will have no effect on these obligations. 1.6 GreatLand shall provide an executed written certification in the form attached hereto within thirty (30) days after consummation of the Proposed Transaction, guarantying the full performance of the Franchisee. GreatLand shall provide the City with written notification that the Proposed Transaction closed within ten (10) days after the closing; 1.7 GreatLand will comply with any and all conditions or requirements applicable to GreatLand set forth in all approvals granted by federal agencies with respect to the Proposed Transaction and Transfer Application (including any conditions with respect to programming agreements), such conditions or requirements to be exclusively enforced at the federal level; 1.8 GreatLand shall provide a written guarantee in the form attached hereto within thirty (30) days of the effective date of this Resolution specifying that subscriber rates and charges in the City area will not increase as a result of the costs of the Proposed Transaction; 1.9 After the Proposed Transaction is consummated, GreatLand and Franchisee will continue to be responsible for all past acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal to the same extent and in the same manner as before the Proposed Transaction, subject to the terms of the Franchise Settlement Agreement. 1.10 Nothing in this Resolution amends or alters the Franchise Documents or any requirements therein in any way, and all provisions of the Franchise Documents remain in full force and effect and are enforceable in accordance with their terms and with applicable law. 1.11 The Proposed Transaction shall not permit GreatLand and Franchisee to take any position or exercise any right with respect to the Franchise Documents and the relationship thereby established with the City that could not have been exercised prior to the Proposed Transaction. 1.12 GreatLand assures that it will cause to be made available adequate financial resources to allow Franchisee to meet its obligations under the Franchise Documents, including without limitation operational and customer service requirements. 1.13 The City is not waiving any rights it may have to require franchise fee payments on present and future services delivered by GreatLand or its subsidiaries and affiliates via the cable system; 1.14 The City is not waiving any right it may have related to any net neutrality, open access, and information services issues; 1.15 Receipt of any and all state and federal approvals and authorizations; 3 62 1.16 Actual closing of the Proposed Transaction consistent with the transfer application; and Section 2. If any of the conditions or requirements specified in this Resolution are not satisfied, then the City's recommended consent to, and approval of, the Transfer Application and Proposed Transaction is hereby DENIED and void as of the date hereof. Section 3. If any of the written representations made to the City in the Transfer Application proceeding by (i) Comcast of Minnesota, Inc., (ii) Comcast or (iii) GreatLand, (iv) any subsidiary or representative of the foregoing prove to be materially incomplete, untrue or inaccurate in any material respect, it shall be deemed a material breach of the Franchise Documents and applicable law, and subject to the remedies contained in the Franchise Documents and applicable law. Section 4. This Resolution shall not be construed to grant or imply the City's consent to any other transfer or assignment of the Franchises or any other transaction that may require the City's consent under the Franchise Ordinances or applicable law. The City reserves all its rights with regard to any such transactions. Section 5. This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S.C. § 537. Section 6. The transfer of control of the Franchise from Comcast to GreatLand shall not take effect until the consummation of the Proposed Transaction. Section 7. This Resolution shall be effective immediately upon its adoption by the City. Adopted by the City of Columbia Heights, Minnesota this 26U' day of January, 2015. ATTEST: Katie Bruno, Council Secretary, City Clerk Il W Mayor Gary L. Peterson 63 Attachment 1 Form of Guaranty of Performance GUARANTY OF PERFORMANCE GreatLand Connections, Inc., as the ultimate parent entity of Comcast of Minnesota, Inc., the Franchisee, upon closing of the proposed transaction (as defined in the City of Columbia Heights Resolution No. 2015 -09) certifies that it has sufficient financial resources and will at all times make available all necessary financial resources to ensure that the Franchisee has the capability to operate and maintain the System in accordance with the Franchise and applicable laws, regulations codes and standards, and to fully comply at all times with the Franchise, and applicable laws, regulations, codes and standards and guarantees such performance. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of GreatLand Connections, Inc. By: _ Name: Title: Address: 5 64 Attachment 2 Form of Guaranty Regarding Rates GUARANTY REGARDING RATES GreatLand Connections, Inc., upon closing of the proposed transaction (as defined in the City of Columbia Heights Resolution No. ), guarantees that rates and charges for cable service offered by , the Franchisee in the City, will not increase as a result of the cost of the proposed transaction. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of GreatLand Connections, Inc., By: _ Name: Title: Address: 65 ORDINANCE NO. 1617 CABLE TELEVISION FRANCHISE ORDINANCE AMENDMENT The City of Columbia Heights (the "City ") ordains as follows: Section 1. Section 11.102(D), entitled "Franchise Term" of the City's Cable Television Franchise Ordinance (Ord. No. 1583), shall be amended as follows: (D). Franchise Term. Pursuant to the Franchise Settlement Agreement dated January 26, 2015, Tthe term of this Franchise shall extend from the date of acceptance by the Grantee until Deeembef 3 291-SMay 31, 2020, unless sooner renewed, revoked or terminated as herein provided, or unless extended by the City. Section 2. The following shall be added to the end of Section 11.106(A)(2) of the City's Cable Television Franchise Ordinance: 8 Upon 90 days' notice Grantee will cart one of the existin standard definition (SD) PEG channels in high definition (HD) format on the cables stem such that the City will have 4 PEG Channels, 3 SD and 1 HD PEG channels The City represents that it has or will have available by that date sufficient local non - character generated programming in HD format so as to provide content of value to viewers and not have a blank channel. Any time January 26 2016 Grantee will carry an additional PEG channel in HD in the same manner as the first HD channel such that the Citv will continue to have 4 PEG Channels; 2 carried in SD and 2 carried in HD. (9) Grantee will deliver the high definition signal to subscribers so that it is viewable without degradation provided that it is not required to deliver a HD PEG Channel at a resolution higher than the highest resolution used in connection with the delivery of local broadcast signals to the public. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP amount of system capacity or bandwidth, and other processing characteristics) that produces a signal as accessible, functional useable and of a qualitx comparable (meaning indistinguishable to the viewer) to broadcast HD channels carried on the cable system. (10) The HD PEG Channel will be assigned a number near the other high definition local broadcast stations if such channel positions are not already taken, or if that is not possible near high definition news /public affairs programming channels if such channel positions are not already taken or if not possible as reasonably close as available channel numbering will allow. 66 (11) City acknowledges that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD- capable digital device /receiver ), but any subscriber who can view an HD signal delivered via the cable system at a receiver shall also be able to view the HD PEG channel at that receiver, without additional charges or equipment. Bagreeing to make PEG available in HD format, Grantee is not agreeing it may be required to provide free HD equipment to customers including complimentary municipal and educational accounts and universal service accounts nor modify its equipment or pricing policies in any manner. City acknowledges that not every customer may be able to view HD PEG programming (for example because they don't have an HDTV in their home or have chosen not to take an HD capable receiving device from Grantee or other equipment provider) or on every TV in the home. (12) Grantee will provide a bill message announcing the launch of the HD PEG channel, however the City acknowledges that not all customers may receive the bill message notice in advance of the channel launch in the interests of launching the channel sooner. 13) Grantee will make available to the City the abilitv to place PEG channel programming information on the interactive channel guide by_putting the City in contact with the electronic programing guide vendor ( "EPG provider ") that provides the guide service Grantee will be responsible for providing the designations and instructions necessary to ensure the channels will appear on the programming guide throughout the jurisdictions that are part of the City and any necessary headend costs associated therewith. The City shall be responsible for providing_ programming information to the EPG provider and for any costs the EPG provider charges to programmers who participate in its service. Section 3. The following shall be added to the end of Section 11.106(D) of the City's Cable Television Franchise Ordinance: 6) Effective January 26, 2015, Grantee will continue to charge a PEG Fee of $0.90 per subscriber per month until the franchise renews. Franchisee may continue to recover the rant given to the City out of the PEG Fee and, once the grant is fully recovered all of the PEG Fee will be remitted to the City on a quarterly basis Franchisee shall fully recover the grant on or before July 31 2015 The PEG Fee will be paid to the City at the same time as the Franchise Fee. Section 4. This Ordinance shall be in full force and effect 30 days after its passage and upon the acceptance of Comcast of Minnesota, Inc. 67 First Reading: Second Reading: Date of Passage: Attest: By: _ Its: January 26, 2015 February 9, 2015 CITY OF COLUMBIA HEIGHTS By: _ Its: ACCEPTED: This Cable Television Franchise Ordinance Amendment is accepted and we agree to be bound by its terms and conditions. COMCAST OF MINNESOTA, INC. Dated: By: Its: 3 68 CITY COUNCIL LETTER ot: J anuary 2 AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT: CITY RESOLUTIONS PUBLIC WORKS MANAGER NO: ITEM: MS4 ORDINANCE AMENDMENTS: BY: K. Hansen BY:�/ CHAPTER 8 ARTICLE VII: SURFACE DRAINAGE DATE: 1105115 DATE CONNECTION AND DISCHARGES & CHAPTER 9 ARTICLE 1: ZONING AND LAND DEVELOPMENT Background: The MNPCA accepted our 3ra generation Storm Water Pollution Prevention Program (SWPPP) plan in April of 2014. Under our new permit, the MNPCA provided 12 months from the date of acceptance to come into compliance with the statewide regulations. Staff has prepared amendments to our existing Stormwater Management Ordinance specific to erosion control as well as our Zoning and Land Development Ordinance specific to illicit discharges. These are required by April 17, 2015. Analysis /Conclusions: Updates to each ordinance have been prepared which supplements our existing MS4 requirements with the following additions /clarifications: (redlined edits attached) • New definitions have been added. o Incorporate clear definitions for illicit discharge, illicit connection, non - stormwater discharge, erosion, sediment control, etc. • Outline exem tions to the discharge prohibition. o Specifics regarding discharge to the storm drain system associated with flow from firefighting, dye testing, and other discharges authorized by the City necessary to protect public health and safety. • Describes authority for the City to access, inspect, sample, and conduct enforcement for illicit discharges. o Provides the ability to acquire detailed information regarding possible violations and required corrective actions. • Incorporate Stormwater Design Guidelines. o Creates a reference document to outline specific details and specifications not included in the ordinance, but covered by and regarding requirements set forth by the new permit. • Incorporate language that describes long-term operation and maintenance obligations. o Establishes that an agreement will be recorded against the property for which a stormwater treatment practice is installed specifying the requirements of maintenance and annual inspection to maintain proper condition consistent with the performance goals for which they were originally designed. • Outline an enforcement mechanism for Notice of Violation. o In an event that any work on site does not conform to the approved erosion and sediment control plan or an illicit discharge is detected; and provides specifications set forth for issuing a Notice of Violation. A copy of the City's updated ordinances is attached that note the changes to meet the requirements of the new permit. Public Works recommends the first reading of the Ordinance amendments for January 26, 2015. CITY COUNCIL LETTER ot: AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT: CITY RESOLUTIONS PUBLIC WORKS MANAGER NO: ITEM: MS4 ORDINANCE AMENDMENTS: BY: K. Hansen BY: CHAPTER 8 ARTICLE VII: SURFACE DRAINAGE DATE: 1105115 DATE: CONNECTION AND DISCHARGES & CHAPTER 9 ARTICLE I: ZONING AND LAND DEVELOPMENT Recommended Motion: Move to waive the reading of Ordinance #1618, there being ample copies available to the public. Recommended Motion: Move to waive the reading of Ordinance #1619, there being ample copies available to the public. Recommended Motion: Move to establish the second reading of Ordinance #1618, for February 9, 2015 at approximately 7:00 p.m. in the Council Chambers. Recommended Motion: Move to establish the second reading of Ordinance #1619, for February 9, 2015 at approximately 7:00 p.m. in the Council Chambers. Attachments: Chapter 8 Article VII: Surface Drainage Connection and Discharges Chapter 9 Article I: Zoning and Land Development COUNCIL ACTION: l� Chapter 8: Public Health & Safety; Article VII: Surface Drainage Connections and Discharges 8.701 Purpose 8.702 Definitions 8.703 Compliance 8.704 Prohibited discharges 8.705 Inspections § 8.701 PURPOSE. The purpose of this article is to implement regulations that will aid the city in limiting and reducing the inflow of rainwater (or clear water) into the sanitary sewer system. The article will be utilized to minimize the overflow problem resulting from the lack of capacity of the sanitary sewer system to handle large amounts of rainwater. Other sources of inflow and infiltration are discharges of water from rooftops; surface water, groundwater sump pumps, footing tiles, swimming pools, or other natural precipitation sources that may flow into the city sewer system and potentially cause flooding or overloading of the city's sewage system. When clear water is discharged into the sanitary sewer system it is treated at the sewage treatment plant. This results in added expenses for the city. The City of Columbia Heights, therefore, finds it in the best interest of the city to prohibit such discharges into the sanitary sewer system in order to protect and maintain the health and property of its residents. (Ord. 1472, passed 7- 12 -04) § 8.702 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AREA DRAIN. A receptacle designed to collect and convey surface or storm water to the drainage system. CLEARWATER. Any surface flow, runoff, and drainage that does not contain any hazardous substance or sewage. This includes, but is not limited to, NPDES permitted discharges, storm water and water from foundation and footing drains and basement sump pumps. BEST MANAGEMENT PRACTICES (BMP'sS). The schedules of activities prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems that are identified and adopted by the city. BMPs also include treatment practices operating procedures and practices to control site runoff, spillage or leaks sludge or water disposal, or drainage from raw materials storage. 71 COMBINED SEWER. A sewer that must handle flow of both sanitary wastewater and storm water in a single pipeline. COMBINED SEWER OVERFLOW (CSO). Occurs when excessive amounts of rainfall enter a sanitary sewer system. The result is a volume of rainwater and sanitary wastewater, which exceeds the system's capacity. Combined rainwater and sewage is forced to overflow into area streams and rivers through outfalls. HAZARDOUS SUBSTANCES. Materials which may cause or contribute to a substantial hazard to human health, safety, property or the environment based upon its quantity, concentration, physical, chemical, or infectious nature. These may include: 1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. 2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters or the wastewater treatment plant. 3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works. ILLICIT DISCHARGE. Any direct or indirect non - stormwater discharge to the storm drain system, except exempted in Subd. 8.704 of this section. ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to any conveyances which allow any non -storm water discharge including sewage, ewag_e process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the city; or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city. LIQUID WASTE. The discharge from any fixture, appliance, or appurtenance that does not receive fecal matter. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs gutters, ditches, manmade channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and is not used for collecting or conveying sewage. ewage. NATIONAL POLLUTANT DISCHARGE ELIMINA TION SYSTEM (NPDES) STORMWA TER DISCHARGE PERMIT. A permit issued by the Environmental Protection Agency (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area. 72 NON- STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater. OWNER. The person who is listed as property owner or taxpayer by Anoka County. POLLUTANT. Anything which causes or contributes to pollution. Pollutants may include but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non - hazardous liquid and solid wastes and yard wastes; refuse, rubbish, ag rbage litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables• pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage fecal coliform and pathogens; dissolved and particulate metals; animal wastes, wastes and residues that result from constructing a building or structure; and noxious or offensive matter of an kind. ind. RUNOFF. Precipitation and other surface drainage that is not infiltrated into or otherwise retained by the soil, concrete, asphalt, or other surface upon which it falls. SANITARYSEWER SYSTEM. Pipelines, pumping stations, force mains, and all other construction devices, and mechanical devices used for conveying sewage or industrial waste or other wastes to a point of ultimate disposal. STORM DRAIN SYSTEM. The public -owned facilities by which stormwater is collected or conveyed, including, but not limited to, any roads with drainage systems, municipal streets gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins natural and human -made or altered drainage channels, reservoirs, and other drainage structures. STORM - WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation. STORMWA TER POLL UTION PRE VENTION PLAN (SWPPP). A document which describes the best management practices and activities to be implemented by person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance ystems, and /or receiving waters to the maximum extent practicable. WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility. (Ord. 1472, passed 7- 12 -04) § 8.703 COMPLIANCE. A. Compliance with other codes and laws. Compliance with the provisions of this article does not release a person from any responsibility to comply with any other law or regulation, whether federal, state, or local. B. Conflict. In the event that the provisions of the chapter shall conflict with any Minnesota statute or any federal statute, the Minnesota statute or federal statute shall govern to the extent of any direct conflict. 73 C. Violations. Any person who violates any provision of this article shall be guilty of an ordinance violation and subject to punishment and penalties as set forth in § 8.705(E). (Ord. 1472, passed 7- 12 -04) § 8.704 PROHIBITED DISCHARGES. A. Prohibited discharges. 1-Sanitary Sewer. No clear water from any roof, surface, groundwater, sump pump, footing tile, swimming pool, or other buildings or structures which require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system. No person shall discharge or cause to be discharged hazardous substances to any public sewers. 2. Storm Drain System No person shall throw, drain or otherwise discharge cause or allow others under its control to throw, drain, or otherwise discharge into the storm drain system any pollutants or waters containing any pollutants other than stormwater. a. The following discharges are exempt from discharge prohibitions established by this ordinance: i. Water line flushing, landscape irrigation, diverted stream flows, rising Around waters, uncontaminated ground water infiltration uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation irrigation water, springs, water from crawl space pumps footing drains lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges and street wash water; ii. Discharges or flow from firefighting, and other discharges authorized by the city in writing that are necessary protect public health and safety; iii. Discharges associated with dye testing however this activity requires verbal notification to the city prior to the time of the test; Div. The prohibition shall not apply to any non - stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. B. Illicit Connections. 1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 74 2. This prohibition expressly includes without limitation illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. 3. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the storm drain system or allows such connection to continue 4. Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewers system approval of the city. 5. Any drain or conveyance that has not been documented in plans maps or equivalent and which may be connected to the storm sewer system shall be located by the owner or occupant of that property pon receipt of written notice of violation from the City requiring that such locating be completed Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City. C. Disconnection. 1. Before August 1, 2004, any person having a yard drain, roof surface, tile, or swimming pool now connected and/or discharging into the sanitary sewer system shall be disconnected or removed. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective, workmanlike manner, as approved by the Public Works Director or his designated agent. 2. Sump pumps shall not be connected to the sanitary sewer. Prior to the closing of the sale of a dwelling, the seller must request that the sump pumps and drain tiles be inspected by the city visually and /or by smoking to ensure that they are not connected in any manner to the sanitary sewer system. If the city determines that the sump pump or drain tile is illegally connected to the sanitary sewer system, the situation must be corrected before the unit is considered in compliance to be sold. D. Manner of disconnection. 1. The disconnection shall be accomplished by a complete and permanent method and performed in a competent manner. Any disconnection, plugging, capping, rerouting, altering, or modifying must be done in accordance with all applicable state and city building codes. 2_A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building, or structure, or is connected to city storm sewer or discharge through the curb and gutter to the street. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge, and if connected to the city storm sewer line, shall include a check valve and air gap located in a small diameter structure. E. Industrial or Construction Activity Discharges. 1. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit Proof of compliance 75 with said permit may be required in a form acceptable to the City prior to the allowing of discharges to the MS4. 2. The operator of a facility, including construction sites required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the City at the same time the operator submits the original Notice of Intent to the Environmental Protection Agency as applicable 3. The copy of the Notice of Intent may be delivered to the City either in person or by mailin it Notice of Intent to Discharge Stormwater City of Columbia Heights 59040 th Ave NE Columbia Heights, MN 55421 4-.4.A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice of Intent to do so to the City. F. Watercourse protection. 1. Every person owniniz or occupying premises through which a watercourse passes shall keep and maintain that part of the watercourse within the premises free of trash debris, excessive vegetation and other obstacles that would pollute contaminate or significantly retard the flow of water through the watercourse. In addition the owner or occupant shall maintain existing Privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. G. Notification of s lls. 1. Notwithstanding other requirements of law, as soon as any person responsible for a facilit�or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state, said person shall take all necessary_ steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person must immediately notif y emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the city no later than the next business day. Notifications in person or by Phone shall be confirmed by written notice addressed and mailed to the citv within three (3) business days of the personal or phone notice. If the discharge of prohibited materials originates from an industrial establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence Such records must be retained for at least four (4) years. (Ord. 1472, passed 7- 12 -04) § 8.705 INSPECTIONS. A. Inspection, 1. Sanitary Sewer. 76 a. Every person owning improved real estate that discharges into the city's sanitary sewer system shall allow a city employee or a designated representative of the city to inspect the building to confirm that there is no sump pump or other prohibited discharges into the sanitary system. In lieu of having the city inspect their property before the sale of a dwelling, the property owner may furnish a certificate from a licensed plumber certifying that the property is in compliance with this section. b. Any person refusing to allow their property to be inspected or refusing to furnish a plumber's certificate within 21 days of the date city employee(s) or their designated representatives are denied admittance to the property, shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate this article shall make the necessary changes to comply with the article and furnish proof of the changes to the city. 2. Storm Drain System. The City shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. a. The owner or party responsible shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. Any temporary or permanent obstruction to safe and easy access to the area to be inspected or sampled shall be promptly removed by the discharger at the request of the city and shall not be re 1p aced. b. If the city employee or representative of the city has been refused access to any part of the premises from which stormwater is discharged, and he /she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city employee or representative of the city may seek issuance of a search warrant from any court of competent jurisdiction. c. The City may require the discharger to install monitoring equipment or other such devices as are necessary in the opinion of the city to conduct monitoring or sampling of the premises stormwater discharge. The monitoring equipment must be maintained by the discharger in a safe and proper operating condition at all times. All devices used to measure stormwater flow and quality must be calibrated to ensure their accuracy. B. New construction. All new dwellings that are permitted to install a sump pump after June 1, 2004, shall have a pump that is piped to the outside of the dwelling before a certificate of occupancy is issued. New homes will be required to have their sump pump system inspected within 30 days of occupancy and a certificate of compliance must be completed before the property owner may occupy the property. 77 1. Incentives. Property owner reimbursement and fees related to the program will be set by resolution. 2_Surcharge. A surcharge of $100 per month is hereby imposed on every utility bill accrued on or after January 1, 2005 to property owners who are not found to be in compliance with this section or who have refused to allow the city to inspect the property. The surcharge will be added to the property owner's utility billing until the property is found to be in compliance. C. Warning Notice. When the City finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, the City may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and /or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. 4C,D. _ Notice of Violation. Whenever the citv finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. The Notice of Violation shall contain: 1. The name and address of the alleged violator, 2. The address when available or a description of the building structure or land upon which the violation is occurring, or has occurred; 3. A statement specif i�ng the nature of the violation; 4. A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action• 5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. A statement that the determination of violation may be appealed to the City by a written notice of appeal within three (3) days of service of notice of violation; and 7. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Such notice may require without limitation: 1. The performance of monitoring, analyses, and reporting;. 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property 5. Payment of a fine to cover administrative and remediation costs; and 78 6. The implementation of source control or treatment BMPs. E. Suspension ofMS4 Access. When the City finds that any person has violated or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violations has shave) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment the City may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: 1. Immediately comply with all ordinance requirements, 2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediate) halting operations and /or terminating the discharge. Any person notified of an emergency order directed to it under this Subsection shall immediately ply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Cite may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and /or endangerment to persons or to the environment including immediate termination of a facility's water supply, sewer connection or other municipal utility services. D717. Penalties. 1. Any person found to be violating any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 2. In the event that the owner fails to correct the situation within the given time period, the city may correct it and collect all such costs together with reasonable attorney fees, or in the alternative, by certifying said costs of correction as any other special assessment upon the land from which said correction of said violation was made. 3. Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $1,000.00 per violation per day and /or imprisonment for a period of time not to exceed 90 days. The authorized enforcement agency may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses. £-G. Winter discharge. 1. The Director of Public Works and his or her designee shall issue a permit to allow a property owner to discharge surface water into the sanitary sewer system. The permit shall authorize such discharge only from November 1 to March 30 of each year and a property owner is required to meet at least one of the following criteria in order to obtain a permit: 79 a. The freezing of the surface water discharge from sump pump or footing drain is causing a dangerous condition, such as ice buildup or flooding, on public or private property. b. The property owner has demonstrated that there is a danger that the sump pump or footing drain pipes will freeze up and result in either failure or damage to sump pump unit of the footing drain and cause basement flooding. c. The water being discharged from the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. 2. Following ten days' written notice and an opportunity to be heard, the City Manager may require a property to discharge their sump pump into the sanitary sewer from November 1 to March 30, if surface water discharge is causing an icy condition on streets. F-. H. Disclaimer. The City of Columbia Heights does not guarantee or imply that areas will be free from flooding or flood damages caused by inflow and infiltration. The city does not assume a specific duty as to individual property owners to enforce this article, but is enacting the article as a general regulation. This article shall not create liability on the part of the city or its offices or employees for any flood damage that may result from failure to comply with any portion of this article or any administrative decisions made pursuant thereto, whatever the cause. (Ord. 1472, passed 7- 12 -04; Am. Ord. 1538, passed 3- 10 -08) 80 Chapter 9: Land Use; Article I: Zoning and Land Development 9.106 GENERAL DEVELOPMENT STANDARDS. (I) Stormwater management. (1) Purpose. The purpose of this division is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land alterations or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land alterations and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land alterations or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas. (2) Definitions. For the purposes of this section, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive. APPLICANT. Any person who wishes to obtain a building permit, preliminary plat approval or an excavation permit. CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution. DETENTION FACILITY. A permanent natural or man -made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water. EXCAVATIONACTIVITIES. Any excavation or filling activity as regulated by § 9.106(J). FLOOD FRINGE. The portion of the floodplain outside of the floodway. FLOODPLAIN. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. FLOODWAY. The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplain that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. 81 HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. HYDROPHYTIC VEGETATION. Macrophytic plantlife growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. LAND ALTERATION. Any change of the land surface including, but not limited to, removing vegetative cover, excavating, filling, grading, and. the construction of utilities, roadways, parking areas and structures. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modif ijng, revoking, reissuing, terminating, monitoring and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. PERSON. Any individual, firm, corporation, partnership, franchisee, association or governmental entity. PUBLIC WATERS. Waters of the state as defined in M.S. § 1036.005, subd. 15, as it may be amended from time to time. REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100 -year recurrence interval. RETENTION FACILITY. A permanent natural or man -made structure that provides for the storage of stormwater runoff by means of a permanent pool of water. SEDIMENT. Solid matter carried by water, sewage, or other liquids. STRUCTURE. Any manufactured, constructed or erected building including portable structures and earthen structures. SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating the design criteria and specifications for the city's stormwater management program. WETLANDS. Lands transitional between terrestrial and aquatic: systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following attributes: 1. Have a predominance of hydric soils; 2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and 3. Under normal circumstances support a prevalence of such vegetation. 82 (3) Scope and effect. (a) Applicability. This section shall apply to any land alteration requiring any of the following permits or approvals: 1. A building permit for new multiple - family residential (three or more attached dwelling units), commercial, industrial, or institutional development; 2. A preliminary plat; 3. Land alteration permit as regulated by § 9.106 (J); 4. A building permit for a single - family or two - family residential dwelling except that only subdivisions (3) through (7) of this division shall apply; or 5. Public improvement projectsi 6. No building permit, preliminary plat, excavation permit or public improvement project shall be approved until approval of a stormwater management plan has been obtained in strict conformance with the provisions of this section;- 7. All projects either creating or disturbing 1 acre or greater of new impervious will require the submittal of a Stormwater Management Plan. (b) Exemptions. The provisions of this section do not apply to: 1. Construction of a single - family or two - family dwelling or any structure or land alteration accessory thereto except that the provisions of subdivisions (3) through (7) of this division shall apply; 2. Any currently valid building permit, preliminary plat, excavation permit, or public improvement project approved prior to the effective date of this article; 3. Construction of agricultural structures or land alterations associated with agricultural uses unless an excavation permit is required by § 9.106 (J); 4. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles; or 5. Emergency work to protect life, limb, or property. (4) Submission requirements— stormwater management plan. A Stormwater Management Plan shall be submitted with all permit applications identified in §9.106(I)(3). Stormwater Management Plan submittal requirements are outlined in the City's Eneine GuidelinesSWMDS. No building or land disturbing activity will be approved unless it includes a Stormwater Management Plan detailing how runoff and associated water quality impacts resulting 83 from development will be controlled or manaLyed. - - -- --- --- (a) - -- .. - - - Kx-�ting si�e a - - -- - --- Hiap. A --7 ...._ - .,. ... .._... —1- -..., — the - .u....ls immediately adjaeent 1 nI , The name map and addfess ef the existing site eondifiens the shewiiig tewiiship site and d 4e and n .,lo of',1,•..w ng and n E)f ,,1.e- applicant, of sheets• 7 seefren, andrange, fiefth point, I 3. 7 Existing 7 subdivision, topography inten,al 7 land brit in nn �...........�. vuvv 4. e h .1.....: A delineation n4..,,. b ate. vvuwul lllwl with a n +o,-,,,,1 vul eenteuf �ivu�vl�.lrarrzvvp ate f +1,. appropfiate n + ta the f +• vcr tapegaphy leeated of the ifnmedia4ely adjaeent of all to the ineluding I I publie waters and wetlands to the on apA body I any elassifieation given watef or- wetland U11U /Vl the V1111.VU States 11112 I 7 en and imffiediately to the delineating in difeetion p&tteffls stofm w ater is eeftyeye'1 adjaeent the -site, idefitifyiiig site the whieh ing and at wha� rate feeei v str-eai:n, r-ivef, publie ccrvr wetland, 6. A desefiption the the of sails of I the developer- to , nde f the sails s itab1„• I (b) Sl-te 1. EE`l`l-S Laeations etio t 191aii. and dimensions A site 7 E6nstfuetien plan land inel disturbing these 2. 7 Loeations and dimensions of ef all all pfoposed tempefafy soils aetivities of dirt and 1 an), phasing 0 84 4. The proposed size, aligfiffient and intended use of any stf�uetur-es to be ereeted on the s MOWN (5) Plan review procedure. (a) Process. Stormwater management plans meeting the requirements of §9.106(I) and the City's SWMDS shall be reviewed by the Engineering Division in accordance with the standards of §9.106(I)(6) and the Cites GuesSWMDS. The Director of Public Works, or designee, shall approve, approve with conditions, or deny the stormwater management plan. (b) Duration. A stormwater plan approved in accordance with this section shall become void if the corresponding building permit, excavation permit, preliminary plat, or public improvement project expires or becomes invalid. 85 IrIMMMUMM 4. The proposed size, aligfiffient and intended use of any stf�uetur-es to be ereeted on the s MOWN (5) Plan review procedure. (a) Process. Stormwater management plans meeting the requirements of §9.106(I) and the City's SWMDS shall be reviewed by the Engineering Division in accordance with the standards of §9.106(I)(6) and the Cites GuesSWMDS. The Director of Public Works, or designee, shall approve, approve with conditions, or deny the stormwater management plan. (b) Duration. A stormwater plan approved in accordance with this section shall become void if the corresponding building permit, excavation permit, preliminary plat, or public improvement project expires or becomes invalid. 85 (c) Conditions. A stormwater management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this article are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance for stormwater management purposes to the city or other public entity of certain lands or interests therein. (d) Letter of credit. Prior to approval of any stormwater management plan, the applicant shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The letter of credit or cash escrow amount shall be in the amount specified by the current city SWMDS. based „n e1n nnn, o aefe of,,fess 1„t e with $5 ,000 (e) Amendment. A stormwater management plan may be revised in the same manner as originally approved. (6) Approval standards. No stormwater management plan which fails to meet the standards contained in this section shall be approved by the city. (a) General criteria for stormwater management plans. 1. An applicant shall install or construct all stormwater management facilities according to the criteria outlined in the City's SWMDS befefe the pfopesed !a-Rd altefation shall not be inefeased aiid aeeelefa4ed. Channel er-esion shall not „lt of the p e 1.,n distu -bi .. development ,,et"1- 1F iiV� Vvvui uU u 1vULLiI V1 Li1V 1/1 V7./V UVIA 1lAl1U U1J LLll VlllSZ7 2. The applicant shall give consideration to reducing the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. 3. The following stormwater management practices shall be investigated in developing a stormwater management plan in the following descending order of preference: a. Infiltration of runoff on -site, if suitable soil conditions are available for use; b. Flow attenuation by use of open vegetated swales and natural depressions; c. Stormwater retention facilities; and d. Stormwater detention facilities. 86 4. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subdivision 3. above. Justification shall be provided by the applicant for the method selected. (b) S pecif cations. At a minimum, applicants shall comply all of the NPDES general stormwater permit requirements. 87 Pral "Woteeting Water- Quality in Urban FIRM the following desig.B faeta --s - > and shall contain, 0 at a fninimtiffl, - 1 of ,f the Vl d n to the ra ` ,>^iehe o is o pV,d llu 1 /V Vl L11V Vll Llle urea enti 7 . it aver-age 1eliuueiz J. < 1 rJ Vl 111 LLll V11L 1.JVV1 4. A fninimufn ul µiiZ," t pool depth length te width , of fi ten r- to teft feet amewit feet-, , into the at ; py-ateetive 10: 1 l,o.,.,nd whieh slopes should shelf extefiding not o ooa 3.1 pefmanent pool with a slope E& width of tm feet; 87 Pral FIRM - - • _ • �_ 87 88 _ AOMWWMMM manner ea-uses efosien rer- flooding the (d) Waste and material disposal of All site, r-eeeivingehannelrer- wetlands. building debris, wastes, waste toxie and unused fnater-ials (inelu4ing hazardous garbage, disposed of off site and ) to be materials of mater-ials) shall be by int pr-opefly not allowed eaiT-ied funoff - ----- ehannel o width and length + ff being 7 „0,7 ,. bli t + 1. ,1}ffiFien+ r sediment n+, (not flushing) (o Drain be f inlet fe the end of „n„1, . teetion. All e -1„7n, stefm drain inlets be dur-ing pro bale, shall pfeteeted eOnstPdetiOn aeeepted design Netee Alatef 7 Quality in Urban n A, I I ens— n.+. yities that 1. Channelized i v.ua+ in i uioff leaving rdnaff fiem adjaeent the tiite . thfough be diverted Otherwise, areas passing the site shall desefibed I 10,000 pfoteeted as below. to have less I uniess shown festilta-Rt funoff fa4es of than 0.5ft./see. aefess not o .�..... vi ede the vuv u.v 7 All o vvu v v��u.iivv n+'.,i+io and -o 0 uiiu i vvvi v�iiis shall en the 1, viraziia�rs be 1 n,7, „ +0,7 ifi 1. .,1 + +l site a by .� e ua e u siAdivisioiis a. a. and All distttfbed b. of stibdivisions left a. and inaefive e. fof 14 days be gfoufld of mefe shall stabilized by seedin eontfal 0 88 _ AOMWWMMM , 88 rate shall also be suffieiently low as to not eattse efosion along the disehafge ehannel of-the e. For- sites with less than ten aer-es dister-bed at one time, silt > > equivalent eontr-el fneasur-es shall be plaeod along all sideslope and downslope sides of the site. I a ehannel or- area of eeneentfated Funoff passes through the site, silt fenees shall be plaeed alefig > stfaw bales, equivalent nt- l rneasures niust ineluae a maintenaftee and inspeetion sehe"Ie. 4 Any sail or- dii4 storage piles containing uivie than t bi yafds of t 1 should not be leeated with a downslepe dFainage length of less than 25 f�et ffam the toe of the pile te feadway of dfainage ehannel. if femaifiing fef fnefe than seven days, they shall be stabilized b� .� mulehing, vegetative eovef, f6f less than seven days shall be eontfelled by plaeing stfaw bales er- silt fenee bafr-iefs ar-ound t -pile. in street tifility r-epaif of eenstfuetion seil ef dirt storage piles leeated elosef than 25 feet of-a for- mofe than seven days, and the stofm dfaift inlets fnest be pr-oteeted with stfaw, bale or- othe�r- app to filtering c/ b Virv„ (h) Wetlands. Existing wetlands may be used for stormwater management purposes provided the following criteria are met: 1. The wetland shall not be classified as a Group I or II water within the City Water Resource Management Plan. 2. A protective buffer strip of natural vegetation at least ten feet in width shall surround all wetlands. 3. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters in size or greater with a trap volume size based upon a prescribed maintenance schedule shall be installed prior to discharge of stormwater into the wetlands. 4. The natural outlet control elevation of the wetlands if it is not a DNR public water, shall not be changed except when either i) the outlet is intended to restore the wetland to its original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is identified in the City Water Resource Management Plan, or iv) the level change is approved by a technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991 (WCA). 5. The water fluctuation from stormwater shall not be increased over what occurs naturally, except as provided in subdivision 4.c. above. 6. The wetland shall not be a protected fen. 89 7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas in accordance with the WCA. When wetland replacement is required, it shall be guided by the following principles in descending order of priority: a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and e. Compensating for the impact by replacing or providing substitute wetland resources or environments. 8. If the wetland is a DNR public water, all necessary permits from the DNR shall be obtained. (di) Models /methodologies /computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of stormwater management structures shall be approved by the Director of Public Works. Plans, specifications and computations for stormwater management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the Director of Public Works. (pj) Watershed management plans /groundwater management plans. Stormwater management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with M.S. §§ 10313.231 and 10313.255, respectively, as they may be amended from time to time, and as approved by the Minnesota Board of Water and Soil Resources in accordance with the state law. (7) Stormwater management fee. (a) When required. In lieu of the stormwater management facilities required in §9.106(I) the city may allow an applicant to make a monetary contribution to the development and maintenance of �ci�stormwater management facilities designed to serve multiple land disturbing and development activities when consistent with the City's Water Resource Management Plan. (b) Calculation offee. The amount of monetary contribution shall be based e $0.25 pef found 90 in the SWMDS. For preliminary plats, an estimated impervious coverage per lot, subject to the approval of the Director of Public Works, shall be included in the total impervious surface area calculation. (c) Payment of fee. Payment of a monetary contribution shall occur as follows: 1. Building permit —upon issuance of building permit. 2. Excavation permit —upon issuance of excavation permit. 3. Preliminary plat —upon approval of final plat or commencement of land alteration, whichever occurs first. (8) Inspection and maintenance. All stormwater management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes, and to be structurally sound. In addition, the following maintenance standards shall apply: (a) All stormwater detention periods shall be maintained to ensure continued effective removal of pollutants from stormwater runoff. In addition, upon 50% of the pond's original design volume being filled with sediment, the sediment shall be removed and the pond restored to its original design. (b) The Director of Public Works, or designated representative, shall inspect all stormwater management facilities during construction, during the first year of operation and at least once every five years thereafter. (c) All permanent stormwater management facilities must provide a maintenance agreement with the City that documents all responsibilities for operation and maintenance of long -term stormwater management facilities. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the City and recorded at the Anoka County recorder's office prior to final plan approval. At a minimum, the maintenance agreement shall describe the inspection and maintenance obligations: 1. The responsible party who is permanently responsible for inspection and maintenance of the structural and nonstructural measures. 2. Pass responsibilities for such maintenance to successors in title. 3. Allow the City and its representatives the right of entry for the purposes of inspecting all permanent stormwater management systems. 4. Allow the City the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent stonnwater management system. 5. Include a maintenance plan that contains, but is not limited to the following_ a. Identification of all structural permanent stonmwater management systems b. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff. c. Identification of the responsible party for conducting the inspection, monitoring and maintenance for each practice. d. Include a schedule and format for reporting compliance with the maintenance agreement to the City. e. Right of Entry. The issuance of a permit constitutes a right -of -entry for the eepjm±itcity or its contractor to enter upon the construction site. The applicant shall allow the- city and their authorized representatives, upon presentation of credentials, to: i. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or survey ii. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. iii. Examine and copy books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. iv. - Inspect the stormwater pollution control measures. V. Sample and monitor any items or activities pertaining to stonmwater pollution control measures. vi. Correct deficiencies in stormwater and erosion and sediment control measures. 92 (d) Stormwater management facilities serving a single- family residential area or subdivision, but more than one single - family lot, shall be maintained by the city. The cost incurred by the city for maintenance of said facilities shall be assessed, levied through a special stormwater taxing district against the properties contributing stormwater runoff to or through the facility, or by the city's stormwater utility. (e) Stormwater management facilities serving a multiple- family residential building or development; a commercial, industrial or institutional building or development; or an individual parcel shall be maintained by the property owner on which the facility is located unless it is determined by the Director of Public Works that it is in the best interests of the city for the city to maintain such facilities. If the city is to maintain the stormwater management facilities, the cost incurred by the city for the maintenance may be assessed or levied as described in subsection (d) above. (9) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than deemed committed on each day during or on which a violation occurs or continues. (10) Other controls. In the event of any conflict between the provisions of this section and the provisions of the city code, the more restrictive standard prevails. (J) Land alterations. (1) Purpose. The purpose of this section is to manage land alterations within the city and provide for the review and approval of proposed grades prior to land alteration activities. (2) In general. No person, firm or corporation may engage in any excavation, grading or filling of any land in the city without first having secured a permit from the City Engineer-Public Works Director in accordance with this section. (3) Exemption. The removal of material for the purpose of constructing a basement or placement of footings are exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the review and approval process. Grading of new subdivisions or developments is also exempt from the provisions of this section, provided a grading plan was - submitted and approved as part of the review and approval process. (4) Land alteration permit required. A land alteration permit from the City Engi eef Public Works Director is required for any of the following activities: 93 (a) Placement, removal or grading of more than ten cubic yards of earthen material on steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or wetland. (b) Placement, removal or grading of more than 50 cubic yards of earthen material anywhere in the city. (c) Placement, removal or grading of earthen material within ten feet of any property line or when such activity alters the drainage patterns of adjacent property. (5) Conditional use permit required. A conditional use permit is required for any of the following activities: (a) Placement, removal or grading of more than 500 cubic yards of earthen material on developed property zoned R -1 or R -2. (b) Placement, removal or grading of more than 1,000 cubic yards of earthen material on undeveloped property zoned R -1 or R -2. (c) Placement, removal or grading of more than 1,500 cubic yards of earthen material on property zoned R -3, R -4 or LB. (d) Placement, removal or grading of more than 2,000 cubic yards of earthen material on property zoned GB, CBD, I -1, I -2, or MXD. (6) Submittal requirements. An application for a land alteration permit shall include the following: (a) A legal description of the land to be altered. (b) The nature of the proposed alteration and future use of the property. (c) The starting date and completion date of the land alteration. (d) The names and addresses of all the owners of all the land to be altered. (e) Scaled plans showing the existing and proposed topography with two -foot contour intervals, and signed by a registered surveyor or engineer in the State of Minnesota. (f) A scaled plan showing existing and proposed vegetation and ground cover. (g) An erosion and sedimentation control plan_ (Q) Erosion and sediment control. 94 (1) Purpose. (aa) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. BAs a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in the city. This division will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city. This division is to be used in supplement to the City Zoning Code, § 9.106 and to any other regulations as required by state agencies. Q_Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AS -BUILT PLANS. Record drawings of approved and as- constructed improvements. BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide planning agencies. C-TTY En&GMWERPUBLIC WORKS DIRECTOR. A registered professional engineer with the State of Minnesota who has received training and is given authority by the city to review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. CLEARING. Any activity that removes the vegetative surface cover. CONSERVATIONEASEMENT. Legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. CONTRACTOR. The party who signs the construction contract the eit�, to eenstfuet a „rajec4 Where the construction project involves more than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set forth in this ordinance. CONSTRUCTIONACTIVITY. A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non - vegetative). Examples of construction activity may include clearing, grading, filling and excavating. 95 DEVELOPER. The party who signs the development agreement with the city to construct a project. DERATERING. The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and /or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. EROSION. The wearing away of the ground surface as a result of movement of wind water, ice and /or land disturbance activities. EROSION CONTROL. A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR. A designated agent given authority by the city to inspect and maintain erosion and sediment control practices. FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed. GRADING. Excavation or fill of material, including the resulting conditions thereof. GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as GRADING PERMIT. GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the "Zoning Ordinance" and City SWPPP. IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city's jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. 96 PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment -laden runoff or diverting it to a sediment trap or basin. PERMANENT COVER. Final site stabilization. Examples include turf, gravel, asphalt, and concrete. PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. PUBLIC WATERWAY. Anybody of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the city or other state or federal agency. ROUGH GRADE. Excavation or fill of material to a condition suitable for general maintenance. SEDIMENT. The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving the site. Sediment control practices may include but are not limited to silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent sedimentation basins. SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. STABILIZED. The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STANDARD PLATES. General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. START OF CONSTRUCTION. The first land- disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling. STORMWATER. Defined under Minn. Rules, part 7077.0105, subp. 41(b), and includes precipitation runoff, stormwater runoff, snow melt runoff, and any other surface runoff and drainage. STORMWA TER POLLUTION PREVENTION PROGRAM (SWPPP). A program for managing and reducing stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off -site nonpoint pollution. SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. TEMPORARY EROSION CONTROL. Methods employed to prevent erosion. Examples of temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting. WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain. WATER CONVEYANCE SYSTEM. Any channel that conveys surface runoff throughout the site. 97 WETLAND or WETLANDS. Defined in Minn. Rules, part 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. ZONING ORDINANCE. City Code detailing city specifications for all plan requirements. L3L-Permits. LaLApproval. No person shall be granted a grading permit for land - disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control, and Stormwater Management Plan by the city. 1. Ten FWe-thousand square feet. 2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway. fhLException. No grading permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. _Application requirements. 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm. 2_A filing fee and security as outlined by the city's Zoning Ordinance and subdivision (d) below. 98 3. A Grading, Erosion and Sediment Control, and Stormwater Mana e Plan meeting the requirements of this division. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved Grading, Erosion and Sediment Control, and Stormwater Management Plan. LdL-Security. 1. The permittee will be required to file with the city an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current city ^SWMDS for fee schedule. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the city. Such deposit shall be provided prior to the release of the grading permit. a. b_Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current city ordinance for fee schedule. a. b_The security shall be released after turf is established as specified in the City Zoning Ordinance. (e) Procedure. The city will review each application for grading permit to determine its conformance with the provisions of this regulation and other applicable requirements. The city requires complete application no less than 15 working days in advance of the desired grading permit date. Upon complete application, the city shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 99 3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and /or submission; 4. Appeals of denial of permit shall be processed in accordance with appeal to the City Zoning Ordinance. (4) Grading, Erosion and Sediment Control, and Stormwater Management) Plan requirements. Plan requirements. Grading, erosion control practices, sediment control practices, stormwater management practices and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and Sediment Control, and Stormwater Management Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the city. No land shall be disturbed until the plan is approved by the City Engin°°rPublic Works Director, and conforms to the standards set forth herein. (a} -The Grading, Erosion and Sediment Control, and Stormwater Management Plan shall comply with all of the NPDES general stormwater permit requirements and the City's SWMDS for temporary erosion and sediment control, final stabilization and permanent water quality_ (5) Construction Requirements (a) Construction specifications waterway and watercourse protections requirements and pollution prevention management measures shall comply at a minimum with all of the NPDES general storm water permit requirements in addition to the City's Desif.,. Guidelines SWMDS. (6) Inspection (a) Notification, procedures, material requirements permittee inspection authorization and record keeping shall comply at a minimum with all of the NPDES general storm water permit requirements in addition to the City's Eiiei °°ri„ n Desien Guidelines SWMDS. (7) Site Maintenance (a) Responsibilities, maintenance requirements, and lapse regarding site maintenance shall comply at a minimum with all of the NPDES general storm water permit requirements in addition to the Cites ' SWMDS. (88) Final Stabilization Requirements 100 (a) Final stabilization is not complete until the criteria laid out in the NPDES eg neral storm water permit and the City's Engi eefi g Design Giiidehnes SWMDS is met. L�J_Post-Construction Stormwater Management. All post - construction stormwater management plans must be submitted to the City EngineefPublic Works Director prior to the start of construction activity. Standards for post - construction stormwater management shall be as follows: Specifications. At a minimum, applicants shall comply with all of the NPDES general stormwater permit requirements. fbLDesign criteria. Permanent stormwater management systems shall meet the design criteria as provided in the City's Efigineefing Design Gttidelines SWMDS. LcLMaintenance Agreement. The applicant shall enter into a maintenance agreement with the City that documents all responsibilities for operation and maintenance of long -term stormwater treatment BMPs. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the City and recorded at the Anoka County recorder's office prior to final plan approval. At a minimum, the maintenance agreement shall describe the inspection and maintenance obligations: 1. The responsible party who is permanently responsible for inspection and maintenance of the structural and nonstructural measures. 2. Pass responsibilities for such maintenance to successors in title. 3. Allow the City and its representatives the right of entry for the purposes of inspecting all permanent stormwater management systems. 4. Allow the City the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent stormwater management system. 5. Include a maintenance plan that contains, but is not limited to the following: a_Identification of all structural permanent stormwater management systems 101 b. —A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff. a. c_ Identification of the responsible party for conducting the inspection, monitoring and maintenance for each practice. b—. Include a schedule and format for reporting compliance with the maintenance agreement to the City. M 6. The issuance of a permit constitutes a right -of -entry for the ,city or its contractor to enter upon the construction site. The applicant shall allow the �4city and their authorized representatives, upon presentation of credentials, to: a. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys. b. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. a.Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. C. d. - Inspect the stormwater pollution control measures. e. Sample and monitor any items or activities pertaining to stormwater pollution control measures. f. Correct deficiencies in stormwater and erosion and sediment control measures. 10 Certification. La)—Approved Grading, Erosion & Sediment Control, and Stormwater Managemen Plan. Plans for grading, stripping, excavating, and filling work bearing the approval of the City EngineefPublic Works Director shall be maintained at the site during the progress of the work. 102 (b) Procedure. The city will withhold issuance of building permits until the approved certified Grading Plan and Site Development Plan are on file with the city, all securities as required by this division are received, conservation posts installed and all erosion control measures are in ,place as determined by the Public Works Director. LcJ_As -built Grading Plan and Development Plan. Within 34-60 days after completion of site development as per the approved Grading, Erosion and Sediment, and Stormwater Management Plan, , the developer shall provide the city with an As -b -Built Grading Plan and Development Plan as defined in the City Zoning Ordinance. • �- - 74 M - rM.- _Removal of erosion control measures. The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City Zoning Ordinance for specifications. 11 Enforcement. La)_Notice of Violation. 1. In the event that any work on the site does not conform to the approved erosion and sediment control plan or any of the requirements listed in the provisions of this ordinance, the eity engineefPublic Works Director or his or her designee shall issue a written notice of violation to the applicant detailing the corrective actions necessary for compliance. The applicant shall conduct the corrective actions within the time period determined by the city and stated in the notice. If an imminent hazard exists, the city may require that the corrective work begin immediately. b�Stop work order /revocation of site development permit. In the event that any person holding a site development permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements 103 in the neighborhood, the city may suspend or revoke the site development permit through the issuance of a stop work order or the revocation of site development or building permit. 2. The city may draw down on the grading permit security, with 30 days written notice to developer, for any violation of the terms of this contract related to landscaping if the violation is not cured within such 30 day period or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no building permits will be issued unless the development is in full compliance with the requirements of this subdivision. (c) Violation and penalties. 1_No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this division. Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this division is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the city ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this division shall be required to bear the expense of such restoration. (Ord. 1428, passed 5- 29 -01; Am. Ord. 1460, passed 10- 13 -03; Am. Ord. 1507, passed 3- 27 -06; Am. Ord. 1517, passed 10- 23 -06; Am. Ord. 1523, passed 5- 29 -07; Am. Ord. 1524, passed 4 -23- 07; Am. Ord. 1530, passed 9- 24 -07; Am. Ord. 1531, passed 9- 24 -07; Am. Ord. 1536, passed 3- 24-08; Am. Ord. 1547, passed 6- 23 -08; Am. Ord. 1553, passed 8- 25 -08; Am. Ord. 1554, passed 8- 25 -08; Am. Ord. 1555, passed 8- 25 -08; Am. Ord. 1556, passed 8- 25 -08; Am. Ord. 1575, passed 1- 25 -10; Am. Ord. 1588, passed 2-14-11; Am. Ord. 1593, passed 4- 25 -11; Am. Ord. 1594, passed 4-25-11; Am. Ord. 1609, passed 9- 24 -12; Am. Ord. 1612, passed 6- 24 -13) 104 CITY COUNCIL LETTER AGENDA SECTION: BID CONSIDERATIONS ITEM: ARCHITECTURAL SERVICES FOR DESIGN AND CONSTRUCTION OF CITY LIBRARY ot: J ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 1/22/2015 FC11 CITY MANAGER BY: DATE: Background: Following the positive community vote on the new Public Library, the City is now proceeding with building a new facility. The design and construction will be facilitated through architectural or engineering consultants, while the project administration will be handled by Public Works. The former Burger King site located at 3939 Central Avenue was selected by the Council under separate action. Analysis /Conclusions: The Council authorized staff to seek proposals for Staff Architectural Services at their December 8, 2014 regular meeting. An RFP was prepared by staff that included the following services: interior and exterior building design including mechanical, electrical and structural design, materials selection, cost estimating, coordination of site planning, public involvement process, bidding documents including public bidding and construction services (site inspections, interpretation of plan questions, shop drawings, progress meetings, etc.) and project closeout services. The RFP for Architectural Services was sent to seven firms with experience in both library planning and library construction. Four proposals were received and ranked. Interviews of the four firms (listed below) were also conducted on Friday, January 23' at City Hall. • BTR — Bentz / Thompson / Reitow • Cuningham Group • HGA — Hammel / Green / and Abrahamson • LAD - Leo A. Daly The RFP was organized as a Qualifications Based or QB selection process, similar to the process we used for the Gateway Pedestrian Bridge. Under this process, costs are provided separately in a sealed envelope and opened following the qualification selection. In each step, the firms are reviewed and ranked, and the rankings are weighted in the following selection process: Final Recommendation Selection The final recommendation will be based on the following criteria: 1. Quality /Qualification Based Score - proposals ....... ............................... 40% 2. Interview Score ....................................................... ............................... 20% 3. Project Fee Score ........................................................ ............................40% As appointed by the City Council, the Library Design Task Force was invited to participate in both the rankings and the interviews. The Library Board was also invited to the interviews. City staff, including the City Manager, Library Director, and Public Works Director also participated in the rankings and consultant interviews. CITY COUNCIL LETTER AGENDA SECTION: BID CONSIDERATIONS ITEM: ARCHITECTURAL SERVICES FOR DESIGN AND CONSTRUCTION OF CITY LIBRARY Page Two ot: January 26. 2015 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 1/22/2015 CITY MANAGER BY: DATE: This qualifications / quality based selection process is well recognized and is established to provide the City of Columbia Heights the best architect for the new Public Library. Based on the proposals received, and the selection process established in the RFP and conducted by the Library Design Task Force, the Library Board, and City staff, it is recommended that the highest ranking firm of HGA be hired as the Project Architect for the new City of Columbia Heights Public Library. Motion: Recommended Motion: Move to award the City Library Architectural Services, Project No. 1410, to the firm of Hammel, Green and Abrahamson based upon the qualifications selection process for base cost of $489,000, and accepting bid alternates 1 and 2 in the amount of $12,000 and $35,655, respectively, for a total contract award of $536,655, appropriated from Fund 450 -51410 -3050. Attachments: Ranking Grid (Proposal) LDTF Invitations /0u7 'O O C N E E O U a) ,Ad U) O C N � Co J � co E U) :3 L U) 0) (n Z = U 2 -0 C/) E O O U � o U -1_ L U Q v > E O m U M � Q ? U) a Eo m E S O � U U a> LO U LO co N G p O M (D O') O U 0 CD M N It M y r- N O co Cfl co a m O ° U 3 CD o O U O m 00 co — 0') N G) 0 O a ti Co M N p CO Cfl co co m a L N O U U O N M M M M I,- O — C r– O M 0 O m co p O m ti LO co co N O O CO Z Cl) M co Cl) Q) O U � U 3 m O O O a co ti M m L a CO rn _ N � co r- m 0') of E m m co c E O U U Library Design Task Force or LDTF Members: First of all let me say thank you for volunteering to assist the City with the development and design of our new library. Eleven members have been appointed by the City Council. City staff has been working on many things following the approval of the project in November. One of our primary tasks has been getting an architect on board. The process we have used is a Request for Proposals or RFP. This was prepared by staff and sent out to seven firms that have library experience. Yesterday we received four proposals in response to the RFP. I have the following two questions for the LDTF: Are you interested in reviewing the proposals and filling out a ranking grid based on criteria established in the RFP? I would need the ranking grid returned to me by the end of day, Tuesday, Jan 20t" Are you interested in participating in the interviews that will help us in making a final selection of the architectural firm? These are currently planned to be conducted during the day next Thursday and /or Friday, January 22,d and 23rd. The schedule with each firm will be established tomorrow (Friday). Interviews will be 45 -60 minutes each, and will be conducted either in the am or pm in blocks of time the City establishes. We will ask each firm for a presentation and then have time for questions from the panel. If you are interested and able to review the proposals (1) and /or participate in the interviews (2) — please contact me directly via email (first) or phone (2 "d), and I will arrange with each of you directly. On the proposals, I will need to have your response tomorrow; on the interviews, I will need to know by next Tuesday if you are available. We are all very excited about the project and to work with you as we begin the next stage of actually building a new City Library! Sincerely, Kevin Hansen Public Works Director of Public Works/City Engineer (763) 706 -370 5 %'York (612) 719 9910 Mobile Kevin.Hansen @ci.columbia -heights .... City of Columbia Heights Columbia Heights, MN 55421 http,,4,^wrwv.ci. colum bia- heights.mn.... 108