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HomeMy WebLinkAbout02-09-2015 Regular MeetingCITY OF COLUMBIA HEIGHTS 590 40th Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Visit our website at: www .ci.cohunbia- heinhts.rnan.tis Mayor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Donna Schmitt John Murzyn, Jr. City Manaeer 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 February 9, 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 sen�ices, 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) LC:ALL 1'0 0"EK 2.ROLL CALL 1INVOCATION Invocation provided by Bob Lyndes, Crest View Senior Community 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 A. Update from Steve Smith and Dave Rudolph regarding SACA. 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 26, 2015. B. Accept Board and Commission Meeting Minutes pg. 20 MOTION: Move to approve the minutes of the Public Arts Commission from January 6, 2015. C. Resolution 2015 -12 Reauestiny MSASs Construction Funds for Other Local Transportation Uses Pg. 23 MOTION: Move to waive the reading of Resolution 2015 -12, there being ample copies available to the public. City Council Agenda Monday January 12, 2015 Page 2 of 4 MOTION: Move to adopt Resolution 2015 -12 requesting Municipal State Aid System construction funds for other local transportation uses. D. Approve Amendment to Joint Powers Agreement QPA) for North Metro Regional Street Pg. 25 Maintenance Consortium MOTION: Move to approve the Sixth Amendment to the Joint Powers Agreement for the North Metro Regional Street Maintenance Consortium, revising the Cities' period for "opting out" of all or a portion of the work from 60 days to 30 days after the bid is opened. E. Resolution 2015 -13 Approving Plans and Specifications and Ordering Advertisement For Pg. 29 Bids for 2015 Zone 1 and State Aid Street Rehabilitation MOTION: Move to waive the reading of Resolution 2015 -13 there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -13 approving Plans and Specifications and ordering Advertisement for Bids for 2015 Zone 1 and State Aid Street Rehabilitation Improvements, City Projects 1502 and 1505. F. Resolution 2015 -14 Declaring the Intent to Bond for the Street Rehabilitation Program, pg. 31 Project 1502 and for State Aid Street Rehabilitation Program Project 1505 MOTION: Move to waive the reading of Resolution 2015 -14, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -14, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the 2015 Street Rehabilitation Program — Zone 1, Project 1502, and for 2015 State Aid Street Rehabilitation Program, Project No. 1505. G. Adopt Resolution 2015 -11, being a resolution awarding the sale of general obligation library Pg. 33 bonds Series 2015A in the original ggregateprincipal amount of $ • fixing their form and specifications; directing their execution and delivery, and providing for their payment. MOTION: Move to waive the reading of Resolution 2015 -11, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -11, being a resolution awarding the sale of general obligation library bonds, Series 2015A, in the original aggregate principal amount of $ ; fixing their form and specifications; directing their execution and delivery; and providing for their payment. Pg. 52 H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 9, 2015, as presented. I. Payment of Bills Pg. 54 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 155529 through 155706 in the amount of $ 778,278.97. City Council Agenda Monday January 12, 2015 Page 3 of 4 MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. License Suspension Superette Foods. 4635 Central Ave NE Pg. 63 MOTION: Move to suspend the License to sell Cigarette /tobacco products for Superette Foods located at 4635 Central Ave for a period of 90 days beginning February 15, 2015 and ending May 15, 2015. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Adopt Ordinances #1618 and #1619 Amending Chapter 8 Article VII• Surface Drainage Pg. 64 Connection and 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 adopt Ordinance #1618, being an ordinance amending Chapter 8, Article VII of the 2005 City Code relating to Surface Drainage Connection and Discharges. MOTION: Move to adopt Ordinance #1619, being an ordinance amending Chapter 9, Article I of the 2005 City Code relating to Zoning and Land Development. MOTION: Move to approve the summary for publication for Ordinance #1618, being an ordinance amending Chapter 8, Article VII of the 2005 City Code relating to Surface Drainage Connection and Discharges. MOTION: Move to approve the summary for publication for ordinance # 1619 amending Chapter 9, Article I of the 2005 City Code relating to Zoning and Land Development. b. Ordinance Regarding Conditionally Granting the Consent to Transfer Control of the Cable Pg104 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 adopt the Ordinance Conditionally Granting the Consent to Transfer Control of the Cable Television Franchise and Cable Television System from Comcast Corporation to GreatLand Connections, Inc. c. Authorize Staff to Publish a Notice of Intent to Franchise. Pg109 MOTION: Move to authorize staff to publish a notice of intent to franchise consistent with the requirements of Minn. Stat. Sec. 238.081. City Council Agenda Monday January 12, 2015 Page 4 of 4 B. Bid Considerations a. Adopt Resolution No. 2015 -15 being a Resolution Accepting Bids and Awarding a Contract for the 2015 Concrete Alley Construction Project Pg. 111 MOTION: Move to waive the reading of Resolution 2015 -15, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -15 being a resolution accepting bids and awarding the 2015 Concrete Alley Construction Program, City Project No. 1402, including Alternate 1 for unit priced private construction to New Look Contracting, Inc. of Rogers, Minnesota based upon their low, qualified, responsible bid in the amount of $582,335.75 with funds to be appropriated from Fund 415 - 51402 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 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 Ke li Bour e s, HR Director /Assistant to the City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 26, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL 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 1.CALL TO ORDER Mayor Peterson called the meeting to order at 7:05 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; Kelli Bourgeois, HR Director /Assistant to the City Manager; Gary Gorman, Fire Chief; Katie Bruno, Council Secretary 1INVOCATION Invocation provided by Dan Thompson, Heights Church 4.PLEDGE OF ALLEGIANCE - 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.) 1. Mayor Peterson added Item H to the Consent Agenda; Appointment of Council Liaison to the Public Arts Commission. 2. Mayor Peterson noted that there is a motion to be added item 9A -c. 3. Councilmember Nawrocki stated he would like the City Manager to discuss the use of cell phones, the City Newsletter and the Library Design Task Force. 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS GUESTS Councilmember Murzyn, Jr. displayed the new fire department badge design created by firefighter Rich Hinrichs. 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 January 12, 2015. Page 2 of 15 B. Approval of the attached list of rental housing licenses 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. MOTION: Move to approve the items as listed on the business license agenda for January 26, 2015, as presented. D. Resolution Providing for the Sale of $7,000,000 General Obligation Library Bonds Series 2015A. *Removed for Discussion. E. Resolution Appropriating Certain Interfund Transfers to the Library Capital Building Fund *Removed for Discussion. F. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia Heights and Law Enforcement Labor Services Inc. Local 342 — Police Sergeants *Removed for Discussion. G. Payment of Bills 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. H. Appointment of Council Liaison to the Public Arts Commission *Removed for Discussion. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to approve Consent Agenda items A, B, C, and G. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for Discussion: D, E, F and H. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for Discussion: D. Resolution Providing for the Sale of $7,000,000 General Obligation Library Bonds Series 2015A. Councilmember Nawrocki expressed concern with the speed of the process. City Manager Fehst stated that staff has been working on this since the November election. Fehst commented that the expectation is to sell the bonds for a good rate. Finance Director Joe Kloiber noted that this item was already approved as part of the original ordinance adopted in June of 2014. Jason Aarsvold representing Ehlers & Associates explained that Ehlers is comfortable with the timing. Councilmember Nawrocki questioned why the amount has increased by $160,000.00. Director Kloiber explained that staff has recommended the full $7,000,000 (as voted for in the election) to allow for contingencies; specifically in the area of site clean -up. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -05, there being ample copies available for the public. All Ayes. Page 3 of 15 Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 201 5 -05, providing for the sale of $7, 000, 000 general obligation library bonds, series 2015A. All Ayes. E. Resolution Appropriating Certain Interfund Transfers to the Library Capital Building Fund Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -06, there being ample copies available for the public. All Ayes. Councilmember Nawrocki questioned the 2,300,000 opposed to the original anticipated amount of $1,700,000. Finance Director Kloiber explained that the part of the supporting material for the original ordinance approved June 9, 2014, referenced the 2,300,000. Director Kloiber stated he would provide the original council letter from June 9, 2014. Kloiber explained that the City has been setting monies aside for this purpose. Malcom Watson - 1717 49f' Ave. NE expressed concern with spending additional money than the amount indicated on the ballot. City Manager Fehst explained that it was never stated to be a total cost of $7,000,000. Mr. Watson suggested the council encourage commercial /industrial development in the City. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2015 -06, appropriating certain interfund transfers to the Library Capital Building Fund. All Ayes F. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia Heights and Law Enforcement Labor Services Inc. Local 342 — Police Sergeants. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -08, there being ample copies available to the public. All Ayes. Councilmember Nawrocki questioned how the proposed salaries of the LELS Sergeants compare with others in surrounding communities. Human Resource Director Kelli Bourgeois responded that Columbia Heights is within the mid -range of other communities. Bourgeois invited Councilmember Nawrocki to meet with her for more detailed statistics. Motion by Councilmember Williams, seconded by Councilmember Schmitt 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. All Ayes. H. Appointment of Council Liaison to the Public Arts Commisison Motion by Councilmember Williams, seconded by Councilmember Nawrocki to appoint Councilmember Donna Schmitt to serve as liaison to the Public Arts Commission. All Ayes. City Manager Fehst reported that Keith Roberts recently resigned from the Public Arts Commission, where he served as Chairperson. Page 4 of 15 8. PUBLIC HEARINGS A. Adopt Resolution 2015 -04, 4201 Jefferson Street NE being declarations of nuisance and emergency abatement of violations within the City of Columbia Heights regarding propgAy at 4201 Jefferson St NE. Fire Chief Gary Gorman reported that the property was found to be vacant and unsecured by Police Officers. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and to waive the reading of Resolution 2015 -04, there being ample copies available to the public. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Schmitt 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 All Ayes. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Resolution Providing For The Prepayment And Redemption Of A Portion Of The City's Outstanding General Obligation Street Rehabilitation Bonds Series 2007A Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -07, there being ample copies available for the public. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Schmitt 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 . All Ayes. Finance Director Kloiber reported that the resolution was drafted as a result of the Council's direction in December 2014 to use a recent surplus towards tax - relief. It was explained that the City will see about a $28,000 savings in interest over three years. Councilmember Schmitt expressed her gratitude to Finance Director Kloiber. b. Resolution Appropriating an Interfund Transfer to the General Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund Finance Director Kloiber explained that the Council just passed the resolution (2015 -07) for the redemption, and this resolution is to allow for the internal transfer. Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of Resolution 2015 -10, there being ample copies available for the public. All Ayes. Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution 2015 -10, being a resolution appropriating an interfund transfer to the General Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund. All Ayes. Page 5 of 15 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. Mike Bradley, representing Bradley Hagen & Gullikson, LLC explained the Comcast has requested the City transfer their cable franchise to Greatland Connections Inc. Mr. Bradley reported that an agreement has been reached on the following; a settlement agreement, a transfer agreement and passing an ordinance adding the benefits from the settlement agreement. The current franchise agreement was set to expire in 2015, an extension was granted until May 31, 2020. It was reported that two if the four PEG channels will be converted to HD. The City will be paid $4,000 as a result of a recent underpayment by Comcast. Current subscribers are paying .90 per month to Comcast for support of PEG channels. In later 2015 the .90 will go to the City for public access programming. Comcast will also pay all legal fees. Councilmember Schmitt asked how this compares with other jurisdictions. Mr. Bradley stated this is better than many. Councilmember Nawrocki commented that he doesn't see this as a very good deal for the City. Nawrocki suggested that the .90 be returned to the subscriber rather than to the City. Councilmember Nawrocki stated that he has requested information regarding the Dish Network, noting we may see significant savings. City Manager Fehst commented that residents are entitled to choose whatever service provider they want. Councilmember Nawrocki commented that the local programming from the City and the school district are only available through Comcast, and would like to see the Dish option looked into. Councilmember Schmitt clarified that the Dish network is not a cable provider, and the City is required to have a cable franchise. Mr. Bradley explained that the satellite companies are not equipped to handle all of the local PEG channels. Manager Fehst noted that the City Council meetings are available through the City's website. Motion by Councilmember Nawrocki to require the City return the. 90 cents to the consumer by lowering the rate by Comcast, and to reduce the fee being paid by 1/ of 5%. Motion failed for lack of a second. Motion by Councilmember Schmitt, seconded by Councilmember Williams to accept the settlement agreement. All Ayes. Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of Resolution 2015 -09, there being ample copies available to the public. All Ayes. Motion by Councilmember Schmitt, seconded by Councilmember Williams 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. Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Murzyn, Jr. Nay: Councilmember Nawrocki 4 Ayes, I Nay, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Ordinance 1617, there being ample copies available to the public. Page 6 of 15 Motion by Councilmember Williams, seconded by Councilmember Murzyn 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. Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Murzyn, Jr. Nay: Councilmember Nawrocki 4 Ayes, 1 Nay, Motion Carried. Councilmember Schmitt reported she recently talked to employees at the Xfinity Center, and they expressed little concern regarding the transition. d. MS4 Ordinance Amendments: Chapter 8 Article VII: Surface Drainage Connection and Discharges & Chapter 9 Article I: Zoning and Land Development Director of Public Works Kevin Hansen reported that the council heard this item at their January work session. Director Hansen explained that the City was given one year to come into compliance with PCA requirements through our code. City staff created a design guideline format to use, rather than having the requirements in ordinance format. Hansen reported that if we are not in compliance, projects could be delayed. Councilmember Schmitt questioned the deletion of the term "City Engineer" and the addition of the term "Public Works Director ". Hansen explained that the definitions allow for the Public Works Director to have a designee. Councilmember Schmitt questioned the land disturbing activity definition, and who would be required to obtain a permit. Director Hansen clarified that it applies to activities greater than one acre. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance #1618, there being ample copies available to the public. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance #1619, there being ample copies available to the public. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to establish the second reading of Ordinance # 1618, for February 9, 2015 at approximately 7: 00 p.m. in the Council Chambers. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr to establish the second reading of Ordinance #1619, for February 9, 2015 at approximately 7: 00p. m. in the Council Chambers. All Ayes. B. Bid Considerations a. Consideration of Architect for City Library City Manager Fehst reported that interviews of four competent architectural firms were conducted on January 23rd. Fehst commended Public Works Director Hansen for his contribution to the process. Director Hansen distributed a revised council letter along with a rating chart indicating scoring. The following qualification based selection was used; 40% proposal, 20% interview and 40% cost.) Seven of the eleven Library Design Task Force members, along with City Staff and the Mayor participated in the grading. 10 Page 7 of 15 The consensus of the group was to award the contract to Hammel, Green and Abrahamson; HGA; with a bid of $489,000. Two alternates were added, 1 for technology the other for furnishings, for a total contract price of $536,655. Councilmember Nawrocki stated that while he was surprised with the choice, he recalls a good working relationship with HGA on past projects. Councilmember Williams suggested looking at the possibility of including City Hall in the design plans. Director Hansen clarified that the recommendation is from the committee; including the Library Design Task Force, Library Board and City Staff. Councilmember Nawrocki expressed concern with the council not be included in the interviewing of the architects. City Manager Fehst clarified that meetings with the Architect and the public will be forthcoming. Motion by Councilmember Nawrocki, seconded by Councilmember William 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 I 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. All Ayes. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager City Manager Fehst commended Director Hansen and Kloiber on their diligent efforts in the library process. City Manager Fehst also thanked Kelli Bourgeois for her efficient work regarding the cable franchise agreement. Manager Fehst alerted the Council that they will likely want to consider a moratorium on businesses providing medical marijuana. Councilmember Nawrocki requested a report on the number of cell phones issued by the City, and what restrictions are in place. Manager Fehst stated that will be provided to Councilmember Nawrocki. Councilmember Nawrocki requested the City include an explanation of property tax increase in the upcoming newsletter. Councilmember Nawrocki requested the Anoka County Record be made available at the library. City Attorney City Attorney Hoeft reported many cities will be looking at the sale of medical marijuana in the coming months, clarifying that the City can only issue a moratorium on the sale of medical marijuana, not the use. 11. CITIZENS FORUM None W Page 8 of 15 12. ADJOURNMENT Mayor Peterson reminded residents to remember our servicemen and women, and to try to enjoy life, and to do a random act of kindness. Meeting adjourned at 9:04 p.m. Respectively Submitted Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 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 1. 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. ORDER OF COUNCIL 1. The property located at 4201 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. RESOLUTION NO. 2015-05 Council Member Williams introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $7,000,000 General Obligation Library Bonds, Series 2015A 12 Page 9 of 15 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 Schmitt and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 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. 13 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) Total $500,000 $300,000 $375,000 $25,000 $175,000 $1,375,000 Page 10 of 15 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 motion for the adoption of the foregoing resolution was duly seconded by Member Schmitt , and upon vote being taken thereon, the following voted in favor thereof: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn Jr. and the following voted against: None whereupon said resolution was declared duly passed and adopted. 14 Page ] 1 of 15 RESOLUTION NO. 2015-08 A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 342 — POLICE SERGEANTS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Inc. (LELS), Local 342, representing Police Sergeants of the City, and members of the City's negotiation team; and WHEREAS, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2015 and 2016; and WHEREAS, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW THEREFORE, BE IT RESOLVED that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2015 and 2016 for LELS, Local 342 — Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement. 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 15 Page 12 of 15 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 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. 16 Page 13 of 15 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. 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 17 Page 14 of 15 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; 1.16 Actual closing of the Proposed Transaction consistent with the transfer application; and 1.17 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. 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 18 Page 15 of 15 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. ORDINANCE NO 1617 (First Reading) CABLE TELEVISION FRANCHISE ORDINANCE AMENDMENT ORDINANCE NO 1618 (First Reading) BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII OF THE CITY OF COLUMBIA HEIGHTS CITY CODE ORDINANCE NO 1619 (First Reading) BEING AN ORDINANCE AMENDING CHAPTER 9, ARTICLE I, RELATING TO ZONING AND LAND DEVELOPMENT 19 PUBLIC ARTS COMMISSION MINUTES OF THE MEETING KEYES ROOM, MURZYN HALL January 6, 2015 6:00 PM *The Logo Contest award presentation was held prior to the meeting. Winners present were Claire Pearson (first place) and Mitch Siefert (honorable mention). Kassie Petermann (Sun- Focus) and Margo Ashmore (Northeaster) were also present and took photos of the winners and the Public Arts Commission members. The meeting was called to order at 6:20 PM by Acting Chair Erin Rominger. Commission members present - Carrie Magnuson, Rita Nau, Gretchen Nelson (electronically), Erin Rominger, and Jennifer Tuder Commission members absent - Keith Roberts Guests present - Kassie Petermann (Sun- Focus) and Margo Ashmore (Northeaster) The Commission welcomed its newest member, Jennifer Tuder. Motion by Rita, seconded by Carrie, to approve the minutes from the October 28, 2014 meeting. All ayes. MOTION PASSED. Old Business 0 December 2, 2014 Meeting with Heighten the Arts a. The Commission talked briefly about the meeting, updating Jennifer Tuder about Heighten the Arts' goals and collaborating with them in the future. b. Currently there is a meeting scheduled for May to discuss the Student Art Showcase that will be held at Silverwood Park. The Commission would like to have representation and Art Directory forms at the Heighten the Arts - sponsored event. Facebook Account / Website: there was a short discussion about having a stronger online presence. Nothing can be done, however, until the Commission learns from the City what freedoms we have online regarding a Facebook account, webpage, etc. • Gateway to Heights: no new information to report on the City's rebranding project. • Directory of Local Artists a. Erin will compose an Adobe entry form for the online directory, which will be the basis for artist submissions. 20 b. There was discussion regarding the artist submission form and the information criteria needed —Name, Address, Phone, Email, Website, Medium (type of work — visual, performance, textile, plastics, literary, etc.) and Description, Photos and /or Videos of artwork, and an Artist's Resume (visual representation of the artist and their work). The Commission agreed that they need to have an image of the artist's work upfront. Also, Jennifer suggested looking at mnartists.org as a template for the Directory's submission form. c. There was discussion about where the submissions would be stored online and if the Commission would have access to them. Also, there was discussion about printed copies of the directory, along with the electronic version. Erin will ask Liz Bray about these questions and update the Commission at a future date. d. Information for Directory submissions would be available on the City website, at the Columbia Heights Public Library, and in the Heights Happenings, the Northeaster, and Sun - Focus. e. The deadline for Directory submissions will be on the February 2015 Agenda. f. The Commission talked about having representation at the Columbia Heights Jamboree in June 2015. Grant Updates a. Erin talked about the Metropolitan Regional Art Council -Arts Activities Support grant (April 6, 2015 deadline). There was a short discussion about applying for grants. b. Jennifer suggested that we piggyback on the Jamboree —an existing event. c. Grant updates will be discussed at the next meeting. New Business • Logo Contest Awards Presentation a. The presentation took place before the January meeting. b. Margo Ashmore and Kassie Petermann requested copies of the winning designs, which were not available at the meeting. Erin will contact Megan Lipps, an art teacher that has the original copy of the First Place logo design. Erin will email the copies to Margo and Kassie before their article deadlines. c. Rita will contact Keith and ask that he send Carrie the addresses of the prize winners not present. • City Council Liaison Motion by Rita, seconded by Gretchen, to approve having a City Council Liaison for the Public Arts Commission. All ayes. MOTION PASSED. Jennifer will send an email to Liz with the Commission's decision. • 2015 Meeting Calendar 21 a. Rita will contact Keith to see if the Commission can have the May meeting with Heighten the Arts at Silverwood Park. b. Due to a schedule conflict, the Commission discussed changing the meeting days /times. Motion by Rita, seconded by Jennifer, to approve moving the Commission's meetings to the first Wednesday of every month, with a start time of 6:30 pm. All ayes. MOTION PASSED. c. The Commission will meet on February 4, 2015, March 4, 2015, and April 1, 2015, with each meeting commencing at 6:30 PM. Carrie will contact Deanna Saefke to reserve the Keyes Room at Murzyn Hall for these dates. The May date and location will be clarified at February's meeting. d. Rita will contact Keith and tell him about the meeting date changes. • 2015 Commission Goals a. Each member agreed to come up with some goals they would like the Commission to accomplish in the next twelve months. b. Rita will contact Keith and update him on this. • Heights Happenings Spring Issue: Gretchen will contact Ruth Dunn about the Heights Happenings spring deadline. • February 4, 2015 Agenda -Added Items a. Voting on a Vice Chair (due to Catherine Vesley's resignation) b. A discussion about grants and possibly meeting for work sessions c. Composing a formal document regarding meeting rules and procedures Meeting was adjourned at 7:30 PM. Respectfully submitted, Carrie Magnuson 22 CITY COUNCIL LETTER Meeting of: February 9, 2015 AGENDA SECTION: CONSENT 7C ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION 2015 -12 REQUESTING BY: K. Hansen BY MSAS CONSTRUCTION FUNDS FOR OTHER DATE: 2/4/15 DATE: a`I LOCAL TRANSPORTATION USES Background: In 1999, the Commissioner of Transportation declared the City's MSA System complete. This allows the City to utilize the population apportionment of the annual construction allotment for local street construction. These funds are intended to supplement the Infrastructure Fund for the annual Street Rehabilitation Program. Analysis /Conclusions: MnDOT requires a resolution requesting funds for other local uses to be approved annually after the State - Aid system is declared complete. The attached resolution is in a form recommended by MnDOT to obtain MSAS funds that will supplement the City's Infrastructure Fund for street rehabilitation projects. With the projects approved for 2015, the City is planning to request up to $300,000. Recommended Motion: Move to waive the reading of Resolution 2015 -12, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2015 -12 requesting Municipal State Aid System construction funds for other local transportation uses. Attachment: Resolution 2015 -12 COUNCIL ACTION: 23 RESOLUTION 2015 -12 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.62 MSAS miles are currently authorized, and WHEREAS, 11.62 MSAS miles of streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 48.58 miles of municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and add additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City -owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: 01 Street, 40th Avenue to 42"d Avenue 41" Avenue, Central Avenue to Cul -de -sac Passed this 91h day of February 2015 Offered by: Seconded by: Roll Call: Katie Bruno City Clerk CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 24 CITY COUNCIL LETTER AGENDA SECTION: CONSENT 71) ITEM: APPROVE AMENDMENT TO JOINT POWERS AGREEMENT (JPA) FOR NORTH METRO REGIONAL STREET MAINTENANCE CONSORTIUM inQ of: ORIGINATING DEPARTMENT: PUBLIC WORKS BY: Kevin Hansen DATE: 2/4/15 CITY MANAGER BY,S_16 DATE: ` M Background: This joint powers agreement provides the opportunity for interested north metro cities to jointly bid for Street Maintenance Services, such as traffic marking, street sweeping, crack sealing, and seal coating. Each city participates in the program individually, as their needed services require. The bidding is administered by the City of Coon Rapids. The original agreement included the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Fridley. The first amendment authorized the City of Coon Rapids to allow new member cities to join. The second through fifth amendments were to add the cities of East Bethel, Mahtomedi, and Circle Pines, respectively to the Joint Powers Agreement. Analysis /Conclusions: This is the sixth amendment to the Joint Powers Agreement. The joint powers agreement recognizes that cities may want to "opt out" of the program once bids are opened. This amendment reduces the opt out period from 60 days to 30 days. The 60 day period delayed contractors from starting until early to mid -June. Some services, such as traffic marking and crack sealing could be started in April or May. Recommended Motion: Move to approve the Sixth Amendment to the Joint Powers Agreement for the North Metro Regional Street Maintenance Consortium, revising the Cities' period for "opting out" of all or a portion of the work from 60 days to 30 days after the bid is opened. Attachment: Sixth Amendment to JPA COUNCIL ACTION: 25 SIXTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Sixth Amendment to Joint Powers Agreement ( "Sixth Amendment ") is by and between the cities of Anoka, Andover, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, and Mahtomedi and (hereinafter individually the "City" and collectively the "Cities "). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in August, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and 26 WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment "); and WHEREAS, the City of Circle Pines joined the Joint Powers Agreement in March, 2011, By agreement entitled Fifth Amendment to Joint Powers Agreement (hereinafter the "Fifth Amendment "); and WHEREAS, the Cities met on December 2, 2014 and agreed to amend the opting out period in the Joint Powers Agreement. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Opting Out. Paragraph 4 of the Joint Powers Agreement is hereby amended to the parties hereto recognize that municipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within thirty (30) days after a bid has been awarded, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. [Signatures on following pages] 27 Dated: CITY OF COLUMBIA HEIGHTS By: Mayor By: City Manager 28 CITY COUNCIL LETTER Meeting of: February 9, 2015 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: 7B PUBLIC WORKS ITEM: RESOLUTION 2015 -13 APPROVING BY: K. Hansen BY, PLANS AND SPECIFICATIONS AND ORDERING DATE: 2/4/2015 DATE:,.9,1�,� ADVERTISEMENT FOR BIDS FOR 2015 ZONE I AND STATE AID STREET REHABILITATION Background: Public Improvement Hearings for the 2015 Zone 1 and State Aid Street Rehabilitation Projects were held on December 1, 2014 at consecutive meetings. The City Council ordered improvements for the following Zone 1 and State Aid Streets: Zone 1 1. 0' Street, 40 "' Avenue to 42nd Avenue 2. 41" Avenue, Central Avenue to cul -de -sac State Aid 3. 44`'' Avenue, Tyler Place (east) to Reservoir Boulevard 4. Reservoir Boulevard, 44"' Avenue to 44t" Avenue (CSAH 2) Analysis /Conclusions: The proposed utility construction remains essentially unchanged from the work presented at the Public Improvement Hearing. In Zone 1, minor storm sewer structure work and storm/sanitary sewer castings will be replaced as needed. On 44"' Avenue and Reservoir Boulevard, storm/sanitary sewer castings will be replaced as needed. Adjustments to water main surface structures will also be done. The proposed funding for this work is as follows: Storm Sewer Construction Fund $15,500 Sanitary Sewer Construction Fund $14,000 Water Construction Fund $ 5,000 Major utility work on 44"' Avenue will be done under separate contracts. Water main cleaning and lining will be done from Tyler Place to McLeod Street. A sanitary manhole will be installed west of McLeod Street. New catch basin structures and pipe will be constructed near Leander Lane. Final plans and specifications for the 2015 Zone 1 Street Rehabilitation and State Aid Street Rehabilitation Improvement projects are substantially complete. The bid opening is scheduled for Thursday, March 26, 2015 with City Council award on April 13, 2015. Recommended Motion: Move to waive the reading of Resolution 2015 -13, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2015 -13 approving Plans and Specifications and ordering Advertisement for Bids for 2015 Zone 1 and State Aid Street Rehabilitation Improvements, City Projects 1502 and 1505. Attachment: Resolution 2015 -13 COUNCIL ACTION: 29 RESOLUTION 2015 -13 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2015 ZONE 1 AND STATE AID STREET REHABILIATION, CITY PROJECTS 1502 AND 1505 WHEREAS, pursuant to a resolution passed by the Council on November 10, 2014, the City Engineer has prepared plans and specifications for Zone 1 and State Aid Street Rehabilitation Improvements for the following: Zone 1 4th Street, 401h Avenue to 42nd Avenue 41St Avenue, Central Avenue to cul -de -sac State Aid 44t" Avenue, Tyler Place (east) to Reservoir Boulevard Reservoir Boulevard, 44th Avenue to 44th Avenue (CSAH 2) NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2015 Zone 1 Street Rehabilitation, City Project 1502 and 2015 State Aid Street Rehabilitation, City Project Number 1505 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 2:00 p.m. on Thursday, March 26, 2015 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, April 13, 2015 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. Passed this 9th day of February 2015 Offered by: Seconded by: Roll Call: Katie Bruno City Clerk CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 30 CITY COUNCIL LETTER Meeting of: February 9, 2015 AGENDA SECTION: CONSENT 7F ORIGINATING DEPARTMENT: CITY MANAGER NO. I PUBLIC WORKS / > �'� ITEM: RESOLUTION 2015 -14 DECLARING THE BY: Kevin Hansen BY- L� ;_ INTENT TO BOND FOR THE STREET DATE: 2/4/2015 DATE: < REHABILITATION PROGRAM, PROJECT 1502 AND FOR STATE AID STREET REHABILITATION PROGRAM, PROJECT 1505 Background: At the improvement hearing on December 1, 2014, the City Council ordered the following improvements: Zone 1: 4th Street from 40th to 42"d Avenues, and 41" Avenue from Central Avenue to cul -de -sac. State Aid: 40 Avenue from Tyler Place to Reservoir Boulevard, and Reservoir Boulevard from 44th Avenue south to 44th Avenue (CSAH 2). Analysis /Conclusions: Currently cash available to fund the construction from city inter -fund loans is limited. For this reason, there is the potential for bonding for the 2015 Zone 1 Street Rehabilitation and 2015 State Aid Street Rehabilitation Improvement Programs. The fact that bonding rates are at their lowest point in years makes bonding a very viable financing option. To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. This has been done for the Zone Street Rehabilitation construction projects since 1998. It should be noted that the resolution does not commit the City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified. Recommended Motion: Move to waive the reading of Resolution 2015 -14, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2015 -14, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the 2015 Street Rehabilitation Program — Zone 1, Project 1502, and for 2015 State Aid Street Rehabilitation Program, Project No. 1505. Attachments: Resolution 2015 -14 COUNCIL ACTION: 31 RESOLUTION 2015 -14 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140 -2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City ") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project No. 1502 consisting of Zone 1 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $400,000. 2. The City reasonably intends to make expenditures for Project No. 1505 consisting of State Aid Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $150,000. 3. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law, regulating or ruling. Passed this 91h day of February 2015 Offered by: Seconded by: Roll Call: Katie Bruno City Clerk CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 32 CITY COUNCIL LETTER AGENDA SECTION: CONSENT 7G NO: RESOLUTION 2015 -11 ORIGINATING DEPT: FINANCE BY: JOSEPH KLOIBER CITY MANAGER APPROVAL BY: ITEM: A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION LIBRARY BONDS, SERIES 2015A, IN THE ORIGINAL AGGREGATE DATE: 2/2/2015 PRINCIPAL AMOUNT OF $ ; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Background In June 2014, the city council adopted an ordinance to sell bonds for a new library. A petition filed by a group of voters placed the approval of this bond issue on the November 2014 ballot for decision by referendum vote. A significant majority of voters approved the referendum to issue up to $7 million in general obligation bonds for construction of a new library building. On January 26, 2015, the city council adopted resolution 2015 -5 which called for the sale of the bonds to be held on February 9, 2015, and which also provided for the general terms of the sale, including the structure of the bond series. The next step in the library bonds process is for the city council to award the bond sale to the lowest responsible bidder. Analysis: The draft resolution included in the agenda packet is only in "Fill -in- the - Blank" format, because the City's financial advisor will not receive the actual bids from interested bond buyers until February 9, 2015. After those bids are received, a final version of resolution 2015 -11 will be made available at the February 9t' council meeting. In addition, the City's financial advisor, Ehlers & Associates, will also provide an updated summary of the bond issue based on actual interest rates and underwriter fees. RECOMMENDED MOTION: Move to waive the reading of Resolution 2015 -11 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -11, being a resolution awarding the sale of general obligation library bonds, Series 2015A, in the original aggregate principal amount of $ ; fixing their form and specifications; directing their execution and delivery; and providing for their payment. JK: nb 1502021 COUNCIL 456211 v1 MN] CL162 -50 33 Attachments 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 in said City on Monday, February 9, 2015, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Library Bonds, Series 2015A, to be issued in the original aggregate principal amount of $ The City Manager presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A attached. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: 456211v1 MNI CL162 -50 2 34 RESOLUTION NO. 2015-11 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION LIBRARY BONDS, SERIES 2015A,. IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $ ; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City ") as follows: Section 1. Sale of Bonds. 1.01. Authorization. It is hereby determined that: (a) At a duly called special election held on November 4, 2014, the voters of the City approved the issuance and sale by the City of general obligation bonds of the City in the maximum aggregate principal amount of $7,000,000, pursuant to Minnesota Statutes, Chapter 475, as amended (the "Act "), to provide financing for the construction of a new library in the City (the "Project "). (b) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Library Bonds, Series 2015A (the "Bonds "), in the original aggregate principal amount of $ , to provide financing for the Project. (c) The City is authorized by Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial advisor in connection with the sale of the Bonds. The actions of City staff and its municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all respects. 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser ") to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ (par amount of $ , [plus original issue premium of $ ,] [less original issue discount of $ ,] less underwriter's discount of $), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: 456211v] MNI CL162 -50 3 35 Year Interest Rate Year Interest Rate 2017 % 2027 % 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 True interest cost: % 1.03. Purchase Contract. The sum of $ , being the amount proposed by the Purchaser in excess of $ , shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Finance Director in consultation with the City's municipal advisor. The Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act, in the total principal amount of $ , originally dated March 4, 2015, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year 2017 $ 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 Amount 1.05. Optional Redemption. The City may elect on February 1, 2024, and on any day thereafter to prepay Bonds due on or after February 1, 2025. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 456211v1 MNI CLI62 -50 4 36 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2015, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ister. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon 456211v1 MNI CL162 -50 5 37 the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 0) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive 4562]1vI MNI CL162 -50 6 38 evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form set forth in EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Library Bonds, Series 2015A Debt Service Fund (the "Debt Service Fund ") hereby created. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Finance Director shall timely deposit in the Debt Service Fund the ad valorem taxes hereinafter levied (the "Taxes "), which are pledged to the Debt Service Fund. There is also appropriated to the Debt Service Fund (i) any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof; and (ii) capitalized interest financed from Bond proceeds, if any. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01 hereof and costs of issuance paid pursuant to Section 5.04, together with any other funds appropriated for the Project, will be deposited in a separate fund of the City (the "Construction Fund "). Amounts in the Construction Fund will be disbursed solely to pay costs of the Project and costs of issuance of the Bonds to the extent not paid pursuant to Section 5.04. Any balance remaining in the Construction Fund after completion of the Project may be used for any other public use authorized by law or credited to the Debt Service Fund or other City debt service funds, all in accordance with Section 475.65 of the Act. 4.03. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 456211vI MNI CL 162-50 7 39 4.04. Pledge of Taxes. For the propose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. 4.05. Certification to Manager of Property Records and Taxation as to Debt Service Fund Amount. It is hereby determined that the estimated collection of the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Manager of Property Records and Taxation of Anoka County, Minnesota (the "Manager of Property Records and Taxation ") the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of Property Records and Taxation will thereupon reduce the levy collectible during such year by the amount so certified. 4.06. Registration of Resolution. The City Manager is authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Manager, and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Other Certificates. The Mayor, City Manager, and Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, City Manager, and Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota on the closing date for further distribution as directed by the City's municipal advisor, Ehlers & Associates, Inc. 4562110 MNI CL162 -50 8 40 Section 6. Tax Covenant. 6.01. Tax - Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2015 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2015 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book -Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 45621 M MNI CL162 -50 9 41 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants ") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owiier of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter ") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. 45621 1v MNI CL162 -50 10 42 Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 456211v1 MNI CL162 -50 11 43 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 the same: whereupon said resolution was declared duly passed and adopted. Adopted: February 9, 2015 Mayor FENW -U 6 City Clerk 456211vI MNI CL162 -50 12 44 EXHIBIT A PROPOSALS 456211v1 MNI CL162 -50 A -1 45 EXHIBIT B FORM OF BOND No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION LIBRARY BOND SERIES 2015A Date of Rate Maturily Original Issue CUSIP February 1, 20_ March 4, 2015 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2015, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, Saint Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2024, and on any day thereafter to prepay Bonds due on or after February 1, 2025. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ( "DTC ") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on February 9, 2015 (the "Resolution "), for the purpose of providing money to aid in financing the cost of the construction of a new library in the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, as amended, and authority granted by the voters of the City at a duly called special election held on November 4, 2014. The principal hereof and interest hereon are payable from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are 456211v1 MINI CL162 -50 B -1 46 irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code ") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory, or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: March 4, 2015 (Facsimile) Mayor 456211vI MNI CL162 -50 B -2 CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimile) City Manager 47 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION Authorized Representative ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Unifonn Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. 456211v1 MNI CL162 -50 48 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ("SEW"), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEW or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration 456211v1 MNI CL162 -50 Registered Owner Cede & Co. Federal ID #13- 2555119 . , Signature of Officer of Re isg tray 49 YEAR * 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 * Year tax levy collected. EXHIBIT C TAX LEVY SCHEDULE 456211v1 MNI CL162 -50 C_1 Error! Unknown document property name. TAX LEVY 50 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Columbia Heights, Anoka County, 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 of the City held on February 9, 2015, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Library Bonds, Series 2015A, in the original aggregate principal amount of $ WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of 2015. City Clerk City of Columbia Heights, Minnesota (SEAL) 456211v1 MNI CL162 -50 C_2 Error! Unknown document property name. 51 CITY COUNCIL LETTER Meeting o£ Feb 9th. 2015 AGENDA SECTION: 7H ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: of o 1 1<5 NO: DATE: Feb 4, 2015 BY :,' r'� BACKGROUND /ANALYSIS Attached is the business license agenda for the February 9, 2015 Council meeting. This agenda consists of applications for 2015 Contractor Licenses, a Massage Therapist License, and Peddler /Solicitor Licenses. 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 February 9th, 2015 as presented. COUNCIL ACTION: 52 TO CITY COUNCIL February 9, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG Rum River Refrig. 6250 Bunkler Lake Blvd, Ramsey $60 Signs By RSG 6080 Highway 10, Ramsey $60 *Sedgwick Heating 1408 Northland Dr, Mendota Hts $60 *Adam's On Time PI 13791 Jonquil Ave, Dayton $60 *Metropolitan Mech 7450 Flying Cloud Dr, Eden Prairie $60 *Mill City Htg 2803 Johnson St, Mpls $60 *Aerotek Htg 34345 Quinton Ave, Center City $60 *Bedrock HVAC 15401 Brockton Ln, Dayton $60 *Affinity Plumbing 3126 th Ave, Shakopee $60 *Tim's Quality Plumb225 Co Rd 81, Osseo $60 * Preferred Plumbing 6400 High Point Tr, Prior Lake $60 *MN Tree Experts 7527 Oliver Ave N, Brk Pk $60 *Central MN Tree 480 Rice creek Blvd, Fridley $60 *Malt's Tree Sery 2751 Hennepin Ave So, Mpls $60 MASSAGE THERAPIST *Ka N Vang for Zentral Massage -3986 Central Ave $100 PEDDLER/SOLICTOR LICENSES All of these are Salespersons for Custom Remodelers *Jacob Talbot 474 Apollo Dr. Lino Lakes $100 *Craig McCurdy 474 Apollo Dr, Lino Lakes $100 *Hans Akong 474 Apollo Dr, Lino Lakes $100 *Joseph Herkenratt 474 Apollo Dr, Lino Lakes $100 *Alexander Deerdorft 474 Apollo Dr, Lino Lakes $100 *Jason Lowe 474 Apollo Dr, Lino Lakes $100 *Gavin Vandenberg 474 Apollo Dr, Lino Lakes $100 53 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 9, 2015 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the list of claims paid covering check number 155529 through 155706 in the amount of $ 778,278.97. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 54 u] w E U' xw H p; x0 y' U H 04 N � r W u > U > i W U 0' H o Ooo P�H U > o Ln W H C4 CJ N U is lO ID o -,i o a N o H ;J 71 B O O 7 7 04 W a S4 F4 H �4 it i4 .4 i4 ,4 S4 3-I �-4 i-I 11 1) 13 JJ JJ J-) 1) U .0 1) 13 4-1 .0 1) a) Ln z z a u) �4 O o u) T H N 0 w � x x �4 u H aw H �4 x a 1, ro a o s4 ...... wH o ...... w N Q) H : Iri -u) A W a) r H Win . m . . . . . . . . . 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Feb. 9, 2015 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: gA License Department APPROVAL ITEM: License Suspension BY: Shelley Hanson DATE: 311L � �J NO: DATE: Feb. 4, 2015 BY:�� ^.� , BACKGROUND /ANALYSIS The Police Dept. recently conducted Tobacco Compliance checks on all 17 licensed establishments in our city. Three businesses failed and the clerks on duty were cited. One of the businesses has had repeated offenses. Superette Foods located at 4635 Central Ave was issued its third citation in less than 24 months, thus resulting in a fine of $250. Our Ordinance states that the License Holder will also face a suspension of not less than 7 days as determined by our City Council. This Licensee was cited by the State Dept. of Revenue for selling unlicensed cigarettes in April and June of 2014, and now for selling to a minor on January 26, 2015. Staff is recommending a suspension of his License to sell Cigarette /tobacco products for a period of 90 days beginning February 15tH RECOMMENDED MOTION: Move to suspend the License to sell Cigarette /tobacco products for Superette Foods located at 4635 Central Ave for a period of 90 days beginning February 15, 2015 and ending May 15, 2015. COUNCIL ACTION: 63 CITY COUNCIL LETTER Meeting of February 9, 2015 AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT: CITY RESOLUTIONS PUBLIC WORKS MANAGER NO: 9Aa ITEM: ADOPT MS4 ORDINANCE AMENDMENTS: BY: K. Hansen CHAPTER 8 ARTICLE VII: SURFACE DRAINAGE DATE: 2/3/2015 DATE:;II j is CONNECTION AND DISCHARGES & CHAPTER 9 ARTICLE I: ZONING AND LAND DEVELOPMENT Background: The MNPCA accepted our 3rd 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: • New definitions have been added. o Incorporate clear definitions for illicit discharge, illicit connection, non - stormwater discharge, erosion, sediment control, etc. • Outline exem tp ions 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. 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. 64 CITY COUNCIL LETTER meeting ot: rebruary y, LU. AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT: CITY RESOLUTIONS PUBLIC WORKS MANAGER NO: ITEM: ADOPT MS4 ORDINANCE AMENDMENTS: BY: K. Hansen BY: CHAPTER 8 ARTICLE VII: SURFACE DRAINAGE DATE: 2/3/2015 DATE: CONNECTION AND DISCHARGES & CHAPTER 9 ARTICLE 1: ZONING AND LAND DEVELOPMENT Page 2 Recommended Motion: Move to adopt Ordinance #1618, being an ordinance amending Chapter 8, Article VII of the 2005 City Code relating to Surface Drainage Connection and Discharges. Recommended Motion: Move to adopt Ordinance #1619, being an ordinance amending Chapter 9, Article I of the 2005 City Code relating to Zoning and Land Development. Recommended Motion: Move to approve the summary for publication for Ordinance #1618, being an ordinance amending Chapter 8, Article VII of the 2005 City Code relating to Surface Drainage Connection and Discharges. Recommended Motion: Move to approve the summary for publication for ordinance # 1619 amending Chapter 9, Article I of the 2005 City Code relating to Zoning and Land Development. Attachments: Ordinance 1618 Summary Ordinance 1618 Ordinance 1619 Summary Ordinance 1619 COUNCIL ACTION: 65 ORDINANCE NO. 1618 BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII OF THE CITY OF COLUMBIA HEIGHTS CITY CODE The City of Columbia Heights does ordain: Chapter 8, Article VII, Section 8.702 of the City of Columbia Heights City Code shall include: BEST MANAGEMENT PRACTICES (BMP's). 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. 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, 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. 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. NATIONAL POLL UTANT DISCHARGE ELIMINATION 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. NON-STORMWA TER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater. 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, garbage, 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 constiucting a building or structure; and noxious or offensive matter of any kind. 66 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. STORMWA TER POLL UTION PRE VENTION PLAN (SWPPP). A document which describes the best management practices and activities to be implemented by a 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 systems, and /or receiving waters to the maximum extent practicable. WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Chapter 8, Article VII, Section 8.704 (A) which currently reads to wit: (A) Prohibited discharges. 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. (B) 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. (C) 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. Is hereby amended to read as follows: 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 67 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 ground 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 to 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; iv. 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. 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 sewer system upon 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 upon 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. 68 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 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 mailing it to: Notice of Intent to Discharge Stormwater City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 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 owning 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 spills. 1. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation 69 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 notify 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 city 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. Chapter 8, Article VII, Section 8.705 (A) which currently reads to wit: (A) Inspection. (1) 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. (2) 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. (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. (C) Incentives. Property owner reimbursement and fees related to the program will be set by resolution. (D) 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. (E) 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. (F) Winter discharge. (1) The City Manager 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 70 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: (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. (G) 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. Is hereby amended to read as follows: A. Inspection. I. Sanitary Sewer. 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 replaced. 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 71 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. 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 violations 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. D. Notice of Violation. Whenever the city 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 specifying 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 filing a written notice of appeal within three (3) days of service of notice of violation; and 72 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 6. The implementation of source control or treatment BMPs. E. Suspension of MS4 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 violation(s) has (have) 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; and 2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the City 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. F. 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. 73 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: 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. 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. This ordinance shall be in full force and effect from and after 30 days after its passage. Firsts Reading: January 26, 2015 Second Reading: February 9, 2015 Dated of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk 74 SUMMARY ORDINANCE NO. 1618 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII OF CODE ORDINANCES OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA RELATING TO SURFACE DRAINAGE CONNECTION AND DISCHARGES The City Council of the City of Columbia Heights has adopted Ordinance No. 1618. The purpose and intent of this ordinance is to amend the Surface Drainage Connection and Discharges ordinance by adding new definitions, outlining exemptions to the discharge prohibition, describing authority for the City of Columbia Heights to acquire detailed information regarding possible violations, incorporate Stormwater Design Guidelines as well as language that describes long -term operation and maintenance obligations, and outline an enforcement mechanism for Notice of Violation. The full text of Ordinance No. 1618 is available for inspection at Columbia Heights City Hall during regular business hours. At pproved for publication by the City Council of the City of Columbia Heights, Minnesota this 9 day of February 2015. Katie Bruno, Citv Clerk 75 ORDINANCE NO. 1619 BEING AN ORDINANCE AMENDING CHAPTER 9, ARTICLE I, RELATING TO ZONING AND LAND DEVELOPMENT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (I) (2) of the Columbia Heights City Code shall include: NATIONAL POLLUTANT DISCHARGE ELIMINATIONSYSTEM (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. SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating the design criteria and specifications for the city's stormwater management program. Chapter 9, Article I, Section 9.106 (I) (3) (a) of the Columbia Heights City Code shall include: 7. All projects either creating or disturbing one acre or greater of new impervious will require the submittal of a Stormwater Management Plan. Chapter 9, Article I, Section 9.106 (I) and (J) of the Columbia Heights City Code, which currently reads to wit: (4) Submission requirements —storm water management plan. A Storm Water Management Plan shall be submitted with all permit applications identified in §9.106(I)(3). Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. The storm water management plan shall contain the following information, which may be combined into one or more drawings or may be combined with submission requirements of other permits or approvals. (a) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: 1. The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; 2. Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivision, towns and districts or other landmarks; 3. Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; 4. A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and /or the United States Army Corps of Engineers; 5. Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; 76 6. A description of the soils of the site, including a map indicating soil types of areas of critical erosion to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and describing any remedial steps to be taken by the developer to render the soils suitable; 7. Vegetative cover and clearly delineating any vegetation proposed for removal; and 8. One - hundred year floodplain, flood fringes and floodways. (b) Site construction plan. A site construction plan including: 1. Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; 2. Locations and dimensions of all temporary soils or dirt stockpiles; 3. Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this article; 4. Schedule of anticipated starting and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this article; and 5. Provisions for maintenance of the construction site erosion control measures during construction. (c) Plan offinal site conditions. A plan of final state conditions on the same scale as the existing site map showing the site changes including: 1. Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features; 2. A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials which will be added to the site as part of the development; 3. A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect; 4. The proposed size, alignment and intended use of any structures to be erected on the site; 5. A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and 6. Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project. (5) Plan review procedure. (a) Process. Storm water management plans meeting the requirements of §9.106(I) shall be reviewed by the Engineering Division in accordance with the standards of §9.106(l)(6). The Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm water management plan. (b) Duration. A storm water 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. (c) Conditions. A storm water 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 storm water management purposes to the city or other public entity of certain lands or interests therein. (d) Letter of credit. Prior to approval of any storm water management plan, the applicant shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The 77 letter of credit or cash escrow amount shall be based on $10,000 per acre of gross lot area with $5,000 minimum. (e) Amendment. A storm water management plan may be revised in the same manner as originally approved. (6) Approval standards. No storm water management plan which fails to meet the standards contained in this section shall be approved by the city. (a) General criteria for storm water management plans. 1. An applicant shall install or construct all storm water management facilities necessary to manage increased runoff so that the two -, ten -, and hundred -year storm peak discharge rates existing before the proposed land alteration shall not be increased and accelerated. Channel erosion shall not occur as a result of the proposed land disturbing or development activity. 2. The applicant shall give consideration to reducing the need for storm water 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 storm water management practices shall be investigated in developing a storm water 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. Storm water retention facilities; and d. Storm water detention facilities. 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) Storm water retention: criteria. Land alterations involving one acre or more of total impervious surface area (existing and proposed) shall require on -site storm water retention facilities designed according to the most current technology as reflected in the MPCA publication "Protecting Water Quality in Urban Areas," and shall contain, at a minimum, the following design factors: 1. A permanent pond surface area equal to 2% of the impervious area draining to the pond or 1 % of the entire area draining to the pond, whichever amount is greater; 2. An average permanent pool depth of four to ten feet; 3. A permanent pool length -to -width ratio of 3:1 or greater; 4. A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1 beyond which slopes should not exceed 3:1; 5. A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of ten feet; 6. All storm water retention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations; 7. Storm water retention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the two, ten, and hundred year storm event. All calculations and hydrologic models /information used in determining peak flows shall be submitted along with the storm water management plan; 8. All storm water retention facilities must have a means to remove coarse - grained particles prior to discharge into a watercourse or storage basin; 9. An extended detention basin, existing wetland when in conformance with §9.106(I)(3), or other storm water management facility may be used in place of a retention pond when a permanent pool of water is not desired with respect to public safety, character of surrounding development, and aesthetics as determined by the Director of Public Works. (c) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro - cyclones, swirl 78 concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site, receiving channels or wetlands. (d) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off -site and not allowed to be carried by runoff into a receiving channel or storm sewer system. (e) Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. (f) Drain inlet protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas." (g) Site erosion control. The following criteria (1. through 4.) apply only to construction activities that result in runoff leaving the site: 1. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.5ft. /sec. across the disturbed area for the one -year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. 2. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. 3. Runoff from the entire disturbed area on the site shall be controlled by meeting either subdivisions a. and b. or subdivisions a. and c. a. All disturbed ground left inactive for 14 or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure. b. For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least I% of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. c. For sites with less than ten acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the charnel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule. 4. Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In- street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway of drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days, and the storm drain inlets must be protected with straw, bale or other appropriate filtering barriers. (h) Wetlands. Existing wetlands may be used for storm water management purposes provided the following criteria are met: 79 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 storm water 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 storm water 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. 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. (i) Models /methodologies /computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and computations for storm water 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. 0) Watershed management plans /groundwater management plans. Storm water 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) Storm water management fee. (a) When required. In lieu of the storm water management facilities required in §9.106(l) the city may allow an applicant to make a monetary contribution to the development and maintenance of community storm water 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 on $0.25 per square foot of total impervious surface area (existing and proposed) on the subject property. For 80 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 storm water 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 storm water detention periods shall be maintained to ensure continued effective removal of pollutants from storm water 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 storm water management facilities during construction, during the first year of operation and at least once every five years thereafter. (c) The applicant shall provide all necessary easements upon the subject property for inspection and maintenance purposes of storm water management facilities as determined by the Director of Public Works. (d) Storm water 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 storm water taxing district against the properties contributing storm water runoff to or through the facility, or by the city's storm water utility. (e) Storm water 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 storm water 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 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 Engineer is required for any of the following activities: 81 (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. Is hereby amended to read as follows: (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 projects 6. No building permit, preliminary plat, excavation permit or public improvement project shall be approved until approval of a storm water management plan has been obtained in strict conformance with the provisions of this section. (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 82 5. Emergency work to protect life, limb, or property. (4) Submission requirements —storm water management plan. A Storm Water Management Plan shall be submitted with all permit applications identified in §9.106(I)(3). Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. The storm water management plan shall contain the following information, which may be combined into one or more drawings or may be combined with submission requirements of other permits or approvals. (a) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: 1. The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; 2. Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivision, towns and districts or other landmarks; 3. Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; 4. A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and/or the United States Army Corps of Engineers; 5. Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; 6. A description of the soils of the site, including a map indicating soil types of areas of critical erosion to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and describing any remedial steps to be taken by the developer to render the soils suitable; 7. Vegetative cover and clearly delineating any vegetation proposed for removal; and 8. One - hundred year floodplain, flood fringes and floodways. (b) Site construction plan. A site construction plan including: 1. Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; 2. Locations and dimensions of all temporary soils or dirt stockpiles; 3. Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this article; 4. Schedule of anticipated starting and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this article; and 5. Provisions for maintenance of the construction site erosion control measures during construction. (c) Plan offinal site conditions. A plan of final state conditions on the same scale as the existing site map showing the site changes including: 1. Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features; 2. A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials which will be added to the site as part of the development; 83 3. A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect; 4. The proposed size, alignment and intended use of any structures to be erected on the site; 5. A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and 6. Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project. (5) Plan review procedure. (a) Process. Storm water management plans meeting the requirements of §9.106(I) shall be reviewed by the Engineering Division in accordance with the standards of §9.106(1)(6). The Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm water management plan. (b) Duration. A storm water 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. (c) Conditions. A storm water 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 storm water management purposes to the city or other public entity of certain lands or interests therein. (d) Letter of credit. Prior to approval of any storm water 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 based on $10,000 per acre of gross lot area with $5,000 minimum. (e) Amendment. A storm water management plan may be revised in the same manner as originally approved. (6) Approval standards. No storm water management plan which fails to meet the standards contained in this section shall be approved by the city. (a) General criteria for storm water management plans. 1. An applicant shall install or construct all storm water management facilities necessary to manage increased runoff so that the two -, ten -, and hundred -year storm peak discharge rates existing before the proposed land alteration shall not be increased and accelerated. Channel erosion shall not occur as a result of the proposed land disturbing or development activity. 2. The applicant shall give consideration to reducing the need for storm water 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 storm water management practices shall be investigated in developing a storm water 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. Storm water retention facilities; and d. Storm water detention facilities. 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. 84 (b) Storm water retention: criteria. Land alterations involving one acre or more of total impervious surface area (existing and proposed) shall require on -site storm water retention facilities designed according to the most current technology as reflected in the MPCA publication "Protecting Water Quality in Urban Areas," and shall contain, at a minimum, the following design factors: 1. A permanent pond surface area equal to 2% of the impervious area draining to the pond or I% of the entire area draining to the pond, whichever amount is greater; 2. An average permanent pool depth of four to ten feet; 3. A permanent pool length -to -width ratio of 3:1 or greater; 4. A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1 beyond which slopes should not exceed 3:1; 5. A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of ten feet; 6. All storm water retention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations; 7. Storm water retention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the two, ten, and hundred year storm event. All calculations and hydrologic models /information used in determining peak flows shall be submitted along with the storm water management plan; 8. All storm water retention facilities must have a means to remove coarse - grained particles prior to discharge into a watercourse or storage basin; 9. An extended detention basin, existing wetland when in conformance with §9.106(I)(3), or other storm water management facility may be used in place of a retention pond when a permanent pool of water is not desired with respect to public safety, character of surrounding development, and aesthetics as determined by the Director of Public Works. (c) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro- cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site, receiving channels or wetlands. (d) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off -site and not allowed to be carried by runoff into a receiving channel or storm sewer system. (e) Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. (f) Drain inlet protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas." (g) Site erosion control. The following criteria (1. through 4.) apply only to construction activities that result in runoff leaving the site: 1. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.5ft. /sec. across the disturbed area for the one -year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. 2. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. 85 3. Runoff from the entire disturbed area on the site shall be controlled by meeting either subdivisions a. and b. or subdivisions a. and c. a. All disturbed ground left inactive for 14 or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure. b. For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1 % of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. c. For sites with less than ten acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the charnel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule. 4. Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In- street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway of drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days, and the storm drain inlets must be protected with straw, bale or other appropriate filtering barriers. (h) Wetlands. Existing wetlands may be used for storm water management purposes provided the following criteria are met: 1. The wetland shall not be classified as a Group I or Il 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 storm water 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 storm water 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. 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; 86 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. (i) Models /methodologies /computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and computations for storm water 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. 0) Watershed management plans /groundwater management plans. Storm water 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) Storm water management fee. (a) When required. In lieu of the storm water management facilities required in §9.106(I) the city may allow an applicant to make a monetary contribution to the development and maintenance of community storm water 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 on $0.25 per square foot of total impervious surface area (existing and proposed) on the subject property. 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 offee. 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 storm water 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 storm water detention periods shall be maintained to ensure continued effective removal of pollutants from storm water 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 storm water management facilities during construction, during the first year of operation and at least once every five years thereafter. (c) The applicant shall provide all necessary easements upon the subject property for inspection and maintenance purposes of storm water management facilities as determined by the Director of Public Works. (d) Storm water 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 storm water taxing district against the properties contributing storm water runoff to or through the facility, or by the city's storm water utility. 87 (e) Storm water 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 storm water 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 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 Engineer is required for any of the following activities: (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. 88 (g) An erosion and sedimentation control plan. 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. Is hereby amended to read as follows: (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 SWMDS. 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 from development will be controlled or managed. (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(1)(6) and the City's SWMDS. 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. (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.. (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. 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: 89 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. 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) Specifications. At a minimum, applicants shall comply all of the NPDES general stormwater permit requirements. (c) 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. 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. (d) 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. M (e) 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. §§ 103B.231 and 103B.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 city stormwater management facilities designed to serve multiple land disturbing and development activities when consistent with the City's Water Resource Management Plan. (b) Calculation of fee. The amount of monetary contribution shall be found 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 offee. 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 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 91 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 city 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 surveys. ii. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. iii. 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. iv. Inspect the stormwater pollution control measures. V. Sample and monitor any items or activities pertaining to stormwater pollution control measures. vi. Correct deficiencies in stormwater and erosion and sediment control measures. (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 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 92 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 Public Works Director is required for any of the following activities: (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. (1) Purpose. (a) 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. (b) As 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. 93 (2) 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. PUBLIC 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. CONSER VA TION EASEMENT. 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. 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. DEVELOPER. The party who signs the development agreement with the city to construct a project. DEWATERING. 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 ff 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 94 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. 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. Any body 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. 95 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. STORMWA TER. 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. 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. (3) Permits. (a) Approval. 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 thousand square feet. 96 2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway. (b) Exception. 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. (c) Application requirements. 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. 3. A Grading, Erosion and Sediment Control, and Stormwater Management 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. (d) 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. 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. 97 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. 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 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. (a) 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 Public Works Director, and conforms to the standards set forth herein. 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 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 SWMDS. (7) Site Maintenance 98 (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 City's SWMDS. (8) Final Stabilization Requirements (a) Final stabilization is not complete until the criteria laid out in the NPDES general storm water permit and the City's SWMDS is met. (9) Post - Construction Stormwater Management. All post - construction stormwater management plans must be submitted to the Public Works Director prior to the start of construction activity. Standards for post - construction stormwater management shall be as follows: (a) Specifications. At a minimum, applicants shall comply with all of the NPDES general stormwater permit requirements. (b) Design criteria. Permanent stormwater management systems shall meet the design criteria as provided in the City's SWMDS. (c) Maintenance 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 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. 99 d. Include a schedule and format for reporting compliance with the maintenance agreement to the City. 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 city 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. c. 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. 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. (a) Approved Grading, Erosion & Sediment Control, and Stormwater Management Plan. Plans for grading, stripping, excavating, and filling work bearing the approval of the Public Works Director shall be maintained at the site during the progress of the work. (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. (c) As -built Grading Plan and Development Plan. Within 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 -built Grading Plan and Development Plan as defined in the City Zoning Ordinance. (d) 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. 100 (11) Enforcement. (a) 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 Public 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. 1. 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 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. 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. 101 This ordinance shall be in full force and effect from and after 30 days after its passage. Firsts Reading: January 26, 2015 Second Reading: February 9, 2015 Dated of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk 102 SUMMARY ORDINANCE NO. 1619 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE I OF CODE ORDINANCES OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA RELATING TO ZONING AND LAND DEVELOPMENT The City Council of the City of Columbia Heights has adopted Ordinance No. 1619. The purpose and intent of this ordinance is to amend the Zoning and Land Development ordinance by adding new definitions, incorporate Stormwater Design Guidelines as well as language that describes long -term operation and maintenance obligations, and outline an enforcement mechanism for Notice of Violation. The full text of Ordinance No. 1619 is available for inspection at Columbia Heights City Hall during regular business hours. Approved for publication by the City Council of the City of Columbia Heights, Minnesota this 9t' day of February 2015. Katie Bruno, City Clerk 103 CITY COUNCIL LETTER Meeting o£ February 9, 2015 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING CITY NO: 9A -b DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: COMCAST FRANCHISE ORDINANCE BY: Kelli Bourgeois AMENDMENT DATE: 2/5/15 DATE: NO: Ordinance No. 1617 Background As discussed at the last meeting, 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 the City as part of the last cable franchise renewal. After June 30, 2015, the City will receive the entire 104 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 and presented 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. City Council voted to approve the first reading of the Ordinance Amendment at the January 26th meeting. Staff Recommendation The City's Legal Representative and staff recommendation is to: (1) Approve the second reading of the Franchise Amendment Ordinance. 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 second reading. COUNCIL ACTION: 105 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 Deee ber- 3 241-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 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 rp ovide 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 quality 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. 106 Q 1) 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, Grantee is not agreeing it 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 Citv 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 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. 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. 107 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. Dated: COMCAST OF MINNESOTA, INC. By: _ Its: 108 CITY COUNCIL LETTER Meeting of. February 9, 2015 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING CITY O: EPARTMENT: MANAGER'S 9A -c CITY MANAGER'S APPROVAL ITEM: NOTICE OF INTENT TO CONSIDER BY: Kelli Bourgeois BY - 4--, PPLICATIONS FOR FRANCHISE ATE: 2/5/15 DATE: a�N l 15 Background As discussed at the February 2nd Work Session, the City has been approached by another cable provider interested in providing cable service to residents of Columbia Heights. Under state law, the City must publish a notice of intent to franchise in a newspaper of general circulation once a week for two successive weeks. The notice will indicate a deadline for submitting a cable franchise application. The City must then hold a public hearing on the franchise application. Following the public hearing, City staff will make a recommendation to the Council on the franchise application. The cable franchise application process is quasi-judicial. It is important for the Council to maintain impartiality throughout the cable franchising process. If City Council authorizes staff to publish the notice of intent to franchise, the notice would be published in the Sun Focus on February 20th and February 27th. The Public Hearing could then occur at the March 23, 2015 City Council meeting. RECOMMENDED MOTION: Move to authorize staff to publish a notice of intent to franchise consistent with the requirements of Minn. Stat. Sec. 238.081. COUNCIL ACTION: 109 NOTICE OF INTENT TO FRANCHISE CITY OF COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights, Minnesota (the "City ") hereby gives notice of intent to consider an application for a franchise from qualified entities that are interested in constructing a cable system and providing cable service within the territorial limits of the City. Notarized applications that contain all of the information required by Minn. Stat. § 238.081, Subd. 4 and local policies and procedures, and that comply with all state and local requirements must be received by 12:00 p.m. on March 13, 2015, at Columbia Heights City Hall, ATTN: Kelli Bourgeois, 590 40th Avenue N.E., Columbia Heights, MN 55421. Each franchise application must be accompanied by an application fee in the amount of $7,500.00. This fee shall be paid to the City via a certified check made payable to City of Columbia Heights. Every franchise proposal submitted by an applicant must include a design for a state -of- the -art cable system that is capable of reliably providing a panoply of cable services to subscribers. In reviewing each applicant's franchise application, the City will consider all relevant factors, including, but not limited to: (i) comparisons of the level, quality and nature of cable services proposed by the applicant to that provided by the incumbent cable system operation; (ii) the cable - related needs and interests of the community, as identified solely by the City; and (iii) information regarding industry trends, state -of -the art technologies, modern cable services and other related information. The City will hold a public hearing to consider any franchise applications it receives at 7:00 p.m. on March 23, 2015 at Columbia Heights City Hall, Council Chambers, 590 40th Avenue N.E., Columbia Heights, MN 55421. All questions concerning the franchising process and any requests for information should be directed to Columbia Heights City Hall, ATTN: Kelli Bourgeois, 590 40th Avenue N.E., Columbia Heights, MN 55421 or Kelli.Bour eoisgci.columbia- heights.mn.us. ISSUED BY THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. To Be Published February 20"' and February 27th 2015 110 CITY COUNCIL LETTER Meeting of. February 9, 2015 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: 9Ba PUBLIC WORKS ITEM: ADOPT RESOLUTION NO. 2015 -15, BY: K. Hansen BY�`cv`` BEING A RESOLUTION ACCEPTING BIDS AND DATE: 2/4/2015 DATE: j- AWARDING A CONTRACT FOR THE 2015 CONCRETE ALLEY CONSTRUCTION PROJECT Background: A Public Improvement Hearing for the 2015 Concrete Alley Construction was held on March 3, 2014. The City Council ordered improvements for the following alleys: 1. Van Buren Street to Central Avenue, 39th Avenue to 40t" Avenue 2. Van Buren Street to Central Avenue, 42nd Avenue to 43rd Avenue 3. Quincy Street to Monroe Street, 42nd Avenue to 43rd Avenue The project was originally bid in May, 2014. The bids were substantially higher than the estimate presented at the Public Improvement Hearing. Council rejected those bids and authorized staff to rebid the project. Plans and specifications were prepared and advertised for bids in the Sun Focus on January 2, 2015. The project was also advertised electronically through Quest Construction Data Network and MnDOT EAdvert. Thirty -two contractors or suppliers requested copies of the bidding documents. Three bids were received and publicly read aloud at the January 27, 2015 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis /Conclusions: New Look Contracting, Inc. submitted the low base bid, in the amount of $577,485.75. Approximately $81,225 separated the next bidder from the low bidder on the base bid. New Look Contracting's bid is approximately $192,000 lower than the low bid in May 2014. The overall project cost for the concrete alley construction is approximately consistent with the Engineer's Estimate presented at the Improvement Hearing. Alternate bids were received for: 1) Residential construction on private property for concrete and bituminous construction, 2) Pervious concrete pavement instead of concrete pavers, and 3) Retaining wall constructed with "big block" units instead of traditional modular block wall units. If Council awards the project, staff is recommending accepting Alternate 1. Alternate 1 provides unit pricing for private residential concrete driveway or sidewalk construction as has been done in previous street rehabilitation projects. The funding sources are a combination of assessments, infrastructure, and utility funds as shown below: Alley (Assessment): $ 248,745 Alley (Infrastructure): $ 115,910 Storm Fund: $ 151,455 Retaining Wall (infrastructure): $ 61,375 CITY COUNCIL LETTER Meeting of: February 9, 2015 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: I PUBLIC WORKS ITEM: ADOPT RESOLUTION NO. 2015-15, BY: K. Hansen BY: BEING A RESOLUTION ACCEPTING BIDS AND DATE: 2/4/2015 DATE: AWARDING A CONTRACT FOR THE 2015 CONCRETE ALLEY CONSTRUCTION PROJECT 2015 Concrete Alley Construction — Page 2 The work includes: CONCRETE ALLEY CONSTRUCTION 1. Van Buren Street to Central Avenue, 39th Avenue to 40t" Avenue 2. Van Buren Street to Central Avenue, 42nd Avenue to 43rd Avenue 3. Monroe Street to Quincy Street, 42nd Avenue to 43rd Avenue STORM SEWER IMPROVEMENTS: 1. Additional storm sewer pipe and manholes /catch basins 2. Concrete permeable pavers in low areas RETAINING WALL CONSTRUCTION: 1. Van Buren Street to Central Avenue, 39th Avenue to 40th Avenue 2. Monroe Street to Quincy Street, 42nd Avenue to 43rd Avenue Recommended Motion: Move to waive the reading of Resolution 2015 -15, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2015 -15 being a resolution accepting bids and awarding the 2015 Concrete Alley Construction Program, City Project No. 1402, including Alternate 1 for unit priced private construction to New Look Contracting, Inc. of Rogers, Minnesota based upon their low, qualified, responsible bid in the amount of $582,335.75 with funds to be appropriated from Fund 415 -51402 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Resolution 2015 -15 Bid opening minutes COUNCIL ACTION: 112 RESOLUTION 2015 -15 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2015 CONCRETE ALLEY CONSTRUCTION, CITY PROJECT NO. 1402 WHEREAS, pursuant to an advertisement for bids for City Project No. 1402, 2015 Concrete Alley Construction, three bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid with Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Alts. 1, 2 and 3 New Look Contracting $577,485.75 $4,850.00 $17,398.00 $19,288.00 $619,021.75 Blackstone Contractors *$658,712.26 $7,010.00 ($15,345.33) $1,216.00 $651,592.93 Ryan Contracting $754,536.00 $7,000.00 *($24,303.00) $2,160.00 $739,393.00 *Corrected WHEREAS, it appears that New Look Contracting, Inc., 4045 Northdale Boulevard, Rogers, MN 55374 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and City Manager are hereby authorized and directed to enter into a contract with New Look Contracting, Inc. in the name of the City of Columbia Heights, for the 2015 Concrete Alley Construction, City Project No. 1402 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 1402 shall be funded with General Funds (Assessments), and Sanitary Sewer and Storm Sewer Utility Construction Funds. Passed this 9t" day of February 2015 Offered by: CITY OF COLUMBIA HEIGHTS Second by: Roll call: BY Mayor Gary L. Peterson Katie Bruno City Clerk 113 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, January 27, 2015, 10:00 a.m. 2015 Concrete Alley Construction City Project 1402 Pursuant to an advertisement for bids for 2015 Concrete Alley Construction, City Project 1402, an administrative meeting was held on January 27, 2015 at 10:00 a.m. for the purpose of bid opening. Attending the meeting was: Kathy Young, Assistant City Engineer Sue Schmidtbauer, Public Works Secretary Richard Keraren, Blackstone Contractors, LLC Greg Bauer, CPAM Nate Menge, New Look Contracting, Inc. Dan Swift, New Look Contracting, Inc. Chris Schneider, Ryan Contracting Bids were opened and read aloud as follows: * Corrected Respectfully submitted, Sue Schmidtbauer Public Works Secretary 114 Base Bid with Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Alts. 1, 2 and 3 New Look Contracting $577,485.75 $4,850.00 $17,398.00 $19,288.00 $619,021.75 Blackstone Contractors *$658,712.26 $7,010.00 ($15,345.33) $1,216.00 $651,592.93 Ryan Contracting $754,536.00 $7,000.00 *($24,303.00) $2,160.00 $739,393.00 * Corrected Respectfully submitted, Sue Schmidtbauer Public Works Secretary 114