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HomeMy WebLinkAbout02-23-2015 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.colunibia- heiehts.rnia.us Mayor Gay L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Donna Schmitt John Murzyn, Jr. City Manager 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 23, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDDi706 -3692 for deaf or hearing impaired only) LC:ALL 'M 0"E'K 2.ROLL CALL 3.INVOCATION Invocation provided by Dan Thompson, Heights Church 4.PLEDGE OF ALLEGIANCE 5.ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS GUESTS 7.CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of February 9, 2015. Pg 4 MOTION: Approve the work session minutes of February 2, 2015 Pg 23 B. Accept Board and Commission Meeting Minutes Pg 26 MOTION: Move to accept the Library Board minutes of January 7, 2015. City Council Agenda Monday February 23, 2015 Page 2 of 3 C. Approval of the attached list of rental housing licenses. Pg. 28 MOTION: To approve the attached list of rental housing licenses. D. Authorize the Capital Equipment Replacement of Unit #35 Water Truck Pg 30 MOTION: Move to authorize the replacement of Unit #35 and purchase of one (1) 2016 International 4300 chassis with a Cummins diesel engine from Astleford International for $68,086.20 plus tax off the State of Minnesota Purchasing Contract. Move to also authorize the purchase of one (1) water tank rear engine and pump to be installed by Ruffridge- Johnson Equipment Company for a cost of $53,665.00. E. Award of Site -Civil Engineering Services for the New City Library Project No 1410 Pg 33 MOTION: Move to award the Site - Civil- Landscaping Engineering Services for the new City Library, Project No. 1410, to the firm of HGA, Inc. of Minneapolis, Minnesota, based on their highest ranked proposal for a cost not -to- exceed $79,765 appropriated from Fund 450- 51410- 3050. F. Resolution 2015 -19 Authorizing a Brokerage Account with TD Ameritrade Institutional and an Investment Advisory Agreement with Ehlers Investment Partners Pg 44 MOTION: Waive the reading of Resolution 2015 -19, there being ample copies available to the public MOTION: Adopt Resolution 2015 -19, authorizing a brokerage account with TD Ameritrade Institutional and an investment advisory agreement with Ehlers Investment Partners. G. Approval of Premises Permit Application for Columbia Heights Athletic Boosters to conduct charitable gambling activities at El Tequila Mexican Grill and Bar, 4005 Central Avenue NE Pg 48 MOTION: Move to approve the Premises Permit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at El Tequila Mexican Restaurant, 4005 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. H. Approve Business License Applications Pg 57 MOTION: Move to approve the items as listed on the business license agenda for February 23, 2015 as presented. I. Payment of Bills Pg 59 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check 155708 through 155865 in the amount of $ 408,488.14. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Adopt Resolution 2015 -16, 4830 Jefferson St NE being a declaration of nuisance and Pg 67 abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -16, there being ample copies available to the public. City Council Agenda Monday February 23, 2015 Page 3 of 3 MOTION: Move to adopt Resolution Number 2015 -16, being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. B. Adopt Resolution 2015 -17, 4030 Quincy Street N.E., being a Resolution of the City Pg 70 Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -17, being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -17, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations a. Adopt Resolution No. 2015 -18 being a Resolution Accepting Bids and Awardina a Contract for the LaBelle Park Improvements, Project No. 1306 Pg 73 MOTION: Move to waive the reading of Resolution 2015 -18, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -18 being a resolution accepting bids and awarding the LaBelle Park Improvement Project, City Project No. 1306, including Alternates A, B, C and D to Odesa II LLC of Sauk Rapids, Minnesota based upon their low, qualified, responsible bid in the amount of $378,953.75 with funds to be appropriated from Fund 412 -51306 -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 J)pCWKloiber, Acting City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 9, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL 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 LCALL TO ORDER Mayor Peterson called the meeting to order at 7:02 pm. 2.ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn Jr. 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; Joe Hogeboom, Community Development Director; Katie Bruno, Council Secretary 1INVOCATION Invocation provided by Bob Lyndes, Crest View Senior Community 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.) Mayor Peterson suggested item G from the Consent Agenda be removed for discussion. Councilmember Nawrocki requested items C, E and F be removed for discussion. 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 1. Update from Steve Smith and Dave Rudolph regarding SAGA. Steve Smith and Dave Rudolph provided the council with an update. Mr. Smith reported that 2014 was a year of substantial growth in both needs and donations, approximately 5,000 -6,000 visits have been made. Mr. Rudolph gave an update on upcoming fundraising events. Mayor Peterson encouraged participation in the upcoming Fire & Ice Polar Plunge, Saturday February 14th at Silver Lake Beach. 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 26, 2015. Page 2 of 19 B. Accept Board and Commission Meeting Minutes MOTION: Move to approve the minutes of the Public Arts Commission from January 6, 2015. C. Resolution 2015 -12 Requesting MSASs Construction Funds for Other Local Transportation Uses. *Removed for Discussion. D. Approve Amendment to Joint Powers Agreement (JPA) for North Metro Regional Street 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 Bids for 2015 Zone 1 and State Aid Street Rehabilitation. *Removed for Discussion. F. Resolution 2015 -14 Declaring the Intent to Bond for the Street Rehabilitation Program, Project 1502 and for State Aid Street Rehabilitation Program, Project 1505. *Removed for Discussion. G. Adopt Resolution 2015 -11, being a resolution awarding the sale of general obligation library bonds, Series 2015A, in the original aggregate principal amount of $6,875,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment. *Removed for Discussion. 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 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. Motion by Councilmember Nawrocki seconded by Councilmember Williams to approve Consent Agenda items A, B, D, H and 1. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for Discussion: C. Resolution 2015 -12 Requesting MSASs Construction Funds for Other Local Transportation Uses. Councilmember Nawrocki stated that he is opposed to using money assigned for state aid street projects to be used for projects than for designated state aid streets. Director Hansen reported that the City can use the funds for certain eligible costs related to street improvements, and has been following this plan since 2000. Page 3 of 19 Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -12, there being ample copies available to the public. All Ayes. Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2015 -12 requesting Municipal State Aid System construction funds for other local transportation uses. Ayes: Mayor Peterson, Councilmembers Williams, Schmitt, Murzyn, Jr. Nay: Councilmember Nawrocki. Motion Carried E. Resolution 2015 -13 Approving Plans and Specifications and Ordering Advertisement For Bids for 2015 Zone 1 and State Aid Street Rehabilitation. Councilmember Nawrocki expressed the same concerns as in the previous item regarding use of state aid funds for projects other than state aid designated streets. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -13 there being ample copies available to the public. All Ayes. Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt 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. Ayes: Mayor Peterson, Councilmembers Williams, Schmitt, Murzyn, Jr. Nay: Councilmember Nawrocki. Motion Carried. F. Resolution 2015 -14 Declaring the Intent to Bond for the Street Rehabilitation Program, Project 1502 and for State Aid Street Rehabilitation Program, Project 1505. Councilmember Nawrocki expressed the same concerns as in the previous items regarding use of state aid funds for projects other than state aid designated streets. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2015 -14, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt 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. Ayes: Mayor Peterson, Councilmembers Williams, Schmitt, Murzyn, Jr. Nay: Councilmember Nawrocki. Motion Carried Mayor Peterson requested that the following item be removed from the Consent Agenda for Discussion: G. Adopt Resolution 2015 -11, being a resolution awarding the sale of general obligation library bonds, Series 2015A, in the original aggregate principal amount of $6,875,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment. Page 4 of 19 Mark Ruff, representing Ehlers reported that the City received 9 bids; the winning bid was from Piper Jaffray & Co., Minneapolis. The interest rate is 2.582 %, this will provide a tax impact savings of approximately $10,000 annually. Mr. Ruff congratulated the City on the affirmed AA Rating from Standard & Poor's. The amount of the issue was reduced from $7,000,000 to $6,875,000. The closing is scheduled for March 4, 2015. Councilmember Nawrocki stated he would have liked to have had the bid results included in the Friday packet materials for review. Mr. Ruff explained that bids are only held for a time less than 24 hours, so it would not be possible to send bid results out in advance. Councilmember Nawrocki stated that he disagrees with the process, as it doesn't allow residents to know the impact until after the fact. Finance Director Joe Kloiber reiterated what Mr. Ruff explained, that this has been the past practice. Mr. Ruff outlined the payment process at the request of Councilmember Nawrocki, noting the first year residents will be paying approximately $462,000, where the projected amount was approximately $473,400. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 201 5 -11, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. 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 $6,875,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. License Suspension Superette Foods. 4635 Central Ave NE. Community Development Director Joe Hogeboom reported that the Police Department recently conducted Tobacco Compliance checks on all 17 licensed establishments in our city. 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. Staff is recommending a suspension of his License to sell Cigarette /tobacco products for a period of 90 days beginning February 15th. Motion by Councilmember Nawrocki, seconded by Councilmember Williams 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. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Adopt Ordinances #1618 and #1619 Amending Chapter 8 Article VII: Surface Drainage Connection and Discharges & Chapter 9 Article I: Zoning and Land Development. Page 5 of 19 Director of Public Works Kevin Hansen explained this is the second reading of both Ordinances 1618 and 1619. Director Hansen reported that the MNPCA accepted our 3rd generation Storm Water Pollution Prevention Program 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. Councilmember Nawrocki questioned how these changes would affect homeowners. Hansen stated it will affect new development or redevelopment, as well as addressing any illegal discharge. 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 Carried. 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 Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Ordinance #1618, being an ordinance amending Chapter 8, Article VII of the 2005 City Code relating to Surface Drainage Connection and Discharges. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Ordinance #1619, being an ordinance amending Chapter 9, Article I of the 2005 City Code relating to Zoning and Land Development. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. 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. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. 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. All Ayes, Motion Carried. b. 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. Human Resource Director /Assistant to the City Manager Kelli Bourgeois explained this is the second reading of Ordinance 1617. Bourgeois explained the Ordinance allows Comcast to transfer their franchise agreement to GreatLand Connections. Components of the Settlement Agreement include: the extension of the agreement until May 31, 2020, the provision of 2 (of 4 total) PEG channels in HD format, the guarantee of definition signal, in addition to the provision of the .90¢ PEG fee be transferred to the City instead of the cable company. Councilmember Nawrocki stated that he is not in favor of the City taking the .90¢; suggesting it be returned to the subscriber. Bourgeois explained that the City will use the additional funds to upgrade equipment as well as add programming to the government channel. Page 6 of 19 Councilmember Schmitt commented that the PEG fee is reasonable in comparison to neighboring communities. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Ordinance 1617, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams seconded by Councilmember Schmitt to adopt the Ordinance Conditionally Granting the Consent to Transfer Control of the Cable Television Franchise and Cable Television System from Comeast Corporation to GreatLand Connections, Inc. Ayes: Mayor Peterson, Councilmembers Williams, Schmitt and Murzyn, Jr. Nay: Councilmember Nawrocki. 4 Ayes, I Nay Motion Carried. c. Authorize Staff to Publish a Notice of Intent to Franchise. Human Resource Director /Assistant to the City Manager Kelli Bourgeois explained this allows the City to publish a notice and to hold a Public Hearing. Motion by Councilmember Williams, seconded by Councilmember Schmitt to authorize staff to publish a notice of intent to franchise consistent with the requirements of Minn. Stat. Sec. 238.081. All Ayes, Motion Carried. 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. Director of Public Works Kevin Hansen reported that this item was before the Council in May of 2014, at that time it was determined to rebid the project due to the high bids received. Three bids were received in 2015. New Look Contracting, Inc. submitted the low base bid, in the amount of $577,485.75. Councilmember Schmitt questioned if the pavers proposed will withstand the weights of garbage trucks. Director Hansen responded they are rated to handle up to 9 tons. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2015 -15, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. 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. All Ayes, Motion Carried. C. New Business and Reports Page 7 of 19 10. ADMINISTRATIVE REPORTS City Manager Manager Fehst asked for update regarding the Jackson Pond project. Director Hansen reported that the contractor has started to de -water and will prepare for grading. 44t1i Ave will be closed for 1 week beginning February 16t' The project should be done in 6 -8 weeks, weather permitting. Councilmember Nawrocki commented that he was recently in the library, and requested an agenda packet. There was not a packet available. Manager Fehst stated that the (one -page) agenda was available, and supporting information was given out at the meeting. Manger Fehst reminded Councilmember Nawrocki to talk directly to the City Manager or Division Heads with requests. Manager Fehst stated that he will provide information regarding the requirements of posting agendas in compliance with the open meeting law. Councilmember Nawrocki shared a concern from a resident regarding the lack of traffic control at 43rd & Tyler. Manager Fehst reported he will forward the concern to the traffic commission. Councilmember Nawrocki requested the newsletter include an article explaining the property tax levy, as property tax amounts vary throughout the City. Mayor Peterson suggested adding color to the newsletter. Manager Fehst agreed, suggesting doing so as part of the overall re- branding in the future. Councilmember Nawrocki reported that in the past, the newsletter was more objective in its articles. Mayor Peterson noted that the principal of Valley View Elementary recently testified at the Capitol regarding the successes at the local Columbia Heights schools. City Attorney Nothing to report. 11. CITIZENS FORUM Malcom Watson - 1717 49th Ave NE requested the City reconsider their special assessment levy policy, so that every benefiting property be assessed the same. Councilmember Nawrocki noted that it is important to recognize that commercial properties have a greater load on the street. Manager Fehst stated that historically the school district was raising the majority of the property taxes, until the state started funding education at a greater rate. 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 8:39 p.m. Respectively Submitted Katie Bruno, Council Secretary /City Clerk 10 Page 8of19 RESOLUTION NO. 2015-11 ( *Note -Final numbers to be completed by attorney) A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION LIBRARY BONDS, SERIES 2015A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $6,875,000; 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 $ J less underwriter's discount of $ ..... _), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: Year Interest Rate Year 2017 % 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 True interest cost: % Interest Rate 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 11 Page 9 of 19 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 Amount 2017 $ 2027 $ 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 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. Section 2. Registration and Pa nom. 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 ig Stier. 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. 12 Page 10 of 19 (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 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. (i) 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 Regis trar. 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 13 Page 11 of 19 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 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 ul 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 14 Page 12 of 19 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 Pledgee. 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. 4.04. Pledge of Taxes. For the purpose 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. 15 Page 13 of 19 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. 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. 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 16 Page 14 of 19 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 owner 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. 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. 17 Page 15 of 19 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. RESOLUTION NO. 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: 4" Street, 40" Avenue to 42IdAvenue. 41 "Avenue, Central Avenue to Cul -de -sac RESOLUTION NO. 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 4u'Street, 40u'Avenue to 42IdAvenue 41 "Avenue, Central Avenue to cul -de -sac 18 Page 16 of 19 State Aid 44d�Avenue, Tyler Place (east) to Reservoir Boulevard Reservoir Boulevard, 44u'Avenue to 44 "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. RESOLUTION NO. 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. RESOLUTION NO. 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 19 Page 17 of 19 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: 1. 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. 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 December- 3 z-,�May 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 provide content of value to viewers and not have a blank channel. An time ime January 26, 2016, Grantee will carry an additional PEG channel in HD in the same manner as the first HD channel, such that the City will continue to have 4 PEG Channels; 2 carried in SD and 2 carried in HD. (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 s, sem capacity or bandwidth, and other processing characteristics) that produces a signal as accessible, functional, useable and of a quality parable 20 Page 18 of 19 (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. (11) City acknowledges that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD- capable digital device /receiver), but any subscriber who can view an HD signal delivered via the cable system at a receiver shall also be able to view the HD PEG channel at that receiver, without additional charges or equipment. By agreeing to make PEG available in HD format, Grantee is not agreeing it may be required to provide free HD equipment to customers including complimentary municipal and educational accounts and universal service accounts, nor modify its equipment or pricing policies in any manner. City acknowledges that not every customer may be able to view HD PEG programming (for example, because they don't have an HDTV in their home or have chosen not to take an HD capable receiving device from Grantee or other equipment provider) or on every TV in the home. (12) Grantee will provide a bill message announcing the launch of the HD PEG channel; however the City acknowledges that not all customers may receive the bill message notice in advance of the channel launch in the interests of launching the channel sooner. 13) Grantee will make available to the Citv the abilitv to place PEG channel programming information on the interactive channel iug_de 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 rg ant 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. 21 Page 19 of 19 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. ORDINANCE NO. 1618 (Summary) 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. Approved for publication by the City Council of the City of Columbia Heights, Minnesota this 9 fl, day of February 2015. ORDINANCE NO. 1619 (Summary) 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 9u'day of February 2015. 22 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: February 2, 2015 Time of Meeting: 7:00 PM Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION CALL TO ORDER/ROLL CALL The meeting was called to order at 7:02 PM Present: Mayor Peterson, Council Member Nawrocki, Council Member Schmitt, Council Member Williams, Council Member Murzyn, Jr. HR Director /Assistant to the City Manager Kelli Bourgeois, Community Development Director Joe Hogeboom, Assistant Community Development Director Loren Wickham, City Clerk/Council Secretary Katie Bruno 1. Proposed Amendments to Article V Liquor and Beer Assistant Director of Community Development Loren Wickham reported that brewer /tap room's have gained popularity in recent years. The City is considering amending its ordinance to address brew rooms and brew pubs. Wickham reported that fees have not yet been established. Councilmember Nawrocki questioned the need. Assistant Director Wickham reported that the popularity has increased, and it could be beneficial from an economic and redevelopment perspective. Councilmember Schmitt asked about the theater liquor license provision. Assistant Director Wickham explained that the city would issue a full liquor license, with the option to limit. Director of Community Development Joe Hogeboom explained that his department was approached by the one of the starters of the 612 Brewery, looking to start his own, in a building on 40th Ave. Councilmember Nawrocki stated that he would not be in favor of the amendment, as he does not see the need to expand liquor availability. Mayor Peterson suggested the City may have to do so in order to keep up with trends. Mayor Peterson asked Assistant Director Wickham to research fees established in neighboring communities. Assistant Director Wickham explained this would require public hearings in the future. Councilmember Murzyn stated that he has heard positive feedback from many people. Councilmember Williams asked what impact this could have on our liquor stores, and other small restaurants, and also if they would be allowed to operate on Sundays. Assistant Director Wickham noted the council could limit Sunday sales in the language of the amendments, if desired. Human Resources Director /Assistant to the City Manager Kelli Bourgeois commented that some of the smaller home -owned local restaurants could benefit with the addition of a brewpub. Councilmember Nawrocki suggested that some restaurants may be interested in expanding. Mayor Peterson announced an upcoming Bluegrass night at Murzyn Hall 7 -10, on March 11a'. Director Hogeboom will report back to the council following the pricing research in neighboring communities. 23 2. Discussion related to Orange County Chopper as a feature at City Events. Councilmember Schmitt reported that she tried to secure them for last year's gateway event, but they were unavailable. We're tentatively scheduled for last Saturday in September, for our Fire Department open House. Councilmember Schmitt thinks this would be awesome for city, noting we would have to coordinate with Jim McAlpine. Councilmember Schmitt stated it is used for fundraising. Councilmember Murzyn shared it is a great attraction, with a great purpose with money going to make -a -wish. Ms. Bourgeois reported that Chief Nadeau commented that if it remains part of the Fire Department open house, this is typically a kid centered event. There would also be concern with any insurance advertisement. Mayor Peterson thought this is something worth following up with. 3. Century Link Franchise Discussion Human Resource Director /Assistant to the City Manager Kelli Bourgeois reported that Century Link is interested in obtaining a franchise agreement with Columbia Heights. State statute requires a provider to provide service to the entire city, at this time Century Link could provide service to up to 1/2 of the residents. Century link has indicated they feel federal regulations would supersede State regulations. If Comcast sues the city, Century link has agreed to assume all legal costs. Bourgeois asked the council if they are interested in pursuing, understanding Century Link would not provide service to every property right away; they could possibly serve 1/3 to %2 of the City. The city's next step would be to call for a public hearing, and send a notice of intent, allowing other interested parties to apply. Bourgeois commented that the City can use the collected PEG fees for system upgrades, noting that the current software needs to be updated, as our operating system is no longer supported by Microsoft. Councilmember Schmitt suggested possibly working with the school district, to partner in the purchasing of new equipment. Councilmember Nawrocki commented that Channel 16 comes over pretty good. Bourgeois suggested it would be good to have both options; standard definition and high definition. Mayor Peterson suggested the council proceed with the notice. 4. Discussion regarding Massage Therapy License- could a comparison be done with Minneapolis requirements. Councilmember Schmitt noticed that the City of Minneapolis fees seems closer to what would be expected. Joe Hogeboom, explained he was contacted by licensee, feeling our structure was different. Hogeboom noted that it can be frustrating for those in field, as many cities vary in license fees. Most cities do not allow in home massage business, Columbia Heights is the only City in the local area that allows in -home option. Columbia Heights charges $500 annually, plus an additional $100 per therapist. Business pay $500 annually, plus $100 for each therapist. There is also a one -time investigation fee of $250 per therapist. Director Hogeboom stated that he sees our pricing structure on -par, however; he will look at Minneapolis' pricing. Director Hogeboom reported the City does not have a licensing requirement, unless you are operating a home business. 24 Councilmember Schmitt asked if we could verify certification, as part of the background check/licensing process. Director Hogeboom will look into the request and report back to the council. 5. Discussing delaying the moratorium for marijuana as long as possible, so we can see what other cities come up with. Director Hogeboom reported that the City would propose a one year moratorium to allow the Council time to review. Medical marijuana will become legal in July 2015 in pill and vapor form, with a selective list for use. The issue of concern is where it is produced and sold. Director Hogeboom would like council to consider one year moratorium in March, as some manufacturing companies are already looking for places to do business. 6. Why we designating a Newspaper but used Anoka County Record for the annual salary notice instead of the Focus? Councilmember Schmitt asked why we posted salaries in the Anoka County Record. Ms. Bourgeois reported that we did not provide the information; they obtained it from our website, along with employment ads. Ms. Bourgeois reported that state statute requires posting the top 3 salaries on the City's website. Councilmember Nawrocki reported that Anoka Co. is changing from the Sun Focus to the Anoka Co. Record. Councilmember Nawrocki asked Bryan Olson to have papers available at library, as he would like to review on occasion, especially now since Anoka Co. is using at their legal publication. It was reported that Bryan Olson leaves a supply at the library; however they are not there very long. 7. Discussion regarding Citizen Forum at Council Meeting. A resident recently asked if the Council would consider moving the citizen forum to the beginning of the meeting. Mayor Peterson expressed concern with delaying the items on the agenda. It was noted that they could set a time, however that was difficult in the past. It was shared that by having the Citizen Forum at the end of the meeting, it allows an open end time frame. 8. Other Items Harold Hoium reported icy conditions at 40th and 4"' . Councilmember Nawrocki had questions regarding recently received bond documents. Mayor Peterson stated that he would prefer Joe Kloiber be present for that discussion. Meeting adjourned at 8:17 PM. Respectively Submitted, Katie Bruno, City Clerk 25 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved BOARD OF TRUSTEES 2/4/2015 MINUTES 4 1 1 January 7, 2015 The meeting was called to order by Chair Patricia Sowada at 6:33 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, and Catherine Vesley. Also present: Council Representative Gary Peterson, Library Director Renee Dougherty, and Recording Secretary Renee J. Rewitzer. Not present: Barbara Tantanella. The minutes of the December 3, 2014, Board meeting were approved as mailed. The bill list dated 12/10/14 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 12/23/14 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2014 accounting dated 12/3/14 was reviewed. Smith commended that line description 3210 Telephone & Telegraph needs to be updated. Smith also noted overspending in the EBooks budget line and asked if charges for e -books were based on actual usage by Columbia Heights cardholders. Dougherty confirmed that budget estimates for e- books underestimated use and a -book downloads have been increasing. Old Business: None. New Business: 1. Staffing update: A conditional offer of employment was extended to Winnifred Coyne for the Library Clerk position and her first day will be January 26, 2015. 2. Dougherty notified the Board that the Page position will be posted through January 23, 2015. The goal is to hire two, perhaps three, Pages. 3. Members received a copy of the Request For Proposal (RFP) for architectural services for the new library and a list of the seven architectural firms invited to respond. Dougherty notified members that Meyer, Scherer and Rockcastle has formally declined the invitation. Peterson asked if the library's thoughts about the plan were in the RFP, Dougherty replied in the affirmative. Smith asked if site preparation was included in the RFP and Dougherty replied that it was not; site planning will be addressed separately. Sowada asked about storage provisions for Sister Cities International and Dougherty confirmed that the space for community partners including the Sister Cities will be included. 4. Members wish to extend a thank you to Kevin Hanson for his work on the RFP. 5. Dougherty said that last Monday's (January 5) Council work session reviewed and discussed the nineteen applicants for the Library Design Task Force and selected eleven to appoint. They will be confirmed at the Council meeting on Monday, January 12. The eleven proposed members are: Jennifer Blake, Trisha Conway, Tami Diehm, Adrian Durand, William Hugo, David Larson, Tom Letness, Charlie Oribamise, Rachel Schwankl, Emily Spiteri and Catherine Vesley. 6. Dougherty reported that the Library Foundation had a successful movie fundraiser in December, 2014. The Foundation will meet in March to discuss their ongoing role in the design of the new library. 1-1/7/15 26 7. Members received December crossover statistics for review. Dougherty remarked that CHPL had the third highest computer use in Anoka County. Items from the Floor: 1. Dougherty shared with members that there were five participants for the Senior Surf class that was held on Wednesday. A reporter from the Star Tribune writing a feature for the Metro North section observed for most of the class and took photos. 2. Dougherty reported that the Adult and Juvenile Winter Reading programs are in full swing and author Sharon Stitelor will be presenting a talk on Wednesday, January 14. 3. Smith mentioned that John Cox will present a talk on February 11 about World War history. There being no further business, the meeting was adjourned at 7:29 p.m. Respectfully submitted, Renee J. Rewitzer Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. Attachments: Architect Distribution list, RFP for City Library Architectural Services City project 1410, November 2014 Crossover survey 2- 1/7/15 27 CITY COUNCIL LETTER Meeting of February 23, 2015 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY 7C Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: February 17, 2015 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for February 23, 2015 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 28 Print Rental Licenses to approve by CC 2015 825 41st Avenue NE «Columbia Heights, MN 55421 * Inspections 763- 706 -8156 • Fax 763 - 706 -8151 • fireinspections @ci.columbia- heights.mn.us 29 CITY COUNCIL LETTER AGENDA SECTION: CONSENT 71) NO: ITEM: AUTHORIZE THE CAPITAL EQUIPMENT REPLACEMENT OF THE WATER TRUCK Mil ORIGINATING DEPARTMENT: PUBLIC WORKS BY: Kevin Hansen DATE: 02/13/2015 CITY MANAG R BY: DATE: Background: The City has owned a water truck for decades and it is utilized throughout the year by multiple Public Works departments. Our records provided the following replacement history: In 1985 the City purchased a new chassis and retrofitted a tank from a milk truck including a rear engine and a used pump. (Both the engine and the pump were from the 1970's.) In 2000 the water truck was due for replacement but after discussion with the City Council, City staff built a water truck using a 1994 Ford F700 chassis that was previously under the patch truck, and a used tank from the salvage yard. As a further cost savings measure, the old engine and pump were rebuilt with full replacement of the water truck scheduled for 2005. It is now 2015, overall the truck is in poor condition and the tank is leaking. The engine and pump have lasted an additional 10 years and are well overdue for replacement. Repair costs for parts and labor from 2000 to 2015 are identified at $54,359.00. Analysis /Conclusions: Public Works staff has carefully reviewed past, current, and projected use of Unit #35. A summary of that review is as follows. Unit #35 is used by the Street Department during street sweeping operations to control dust, by the Park Department to water trees, sod, and ball fields, and to flood and resurface the ice rinks. The Storm Sewer Department uses the truck to flush/clean catch basins and storm lines prior to televising. It is also used by the Sewer and Water Department as an auxiliary water supply for sewer cleaning equipment. It can also be used for small grass fires. Unit #35 currently has 4,956 hours and has a gasoline engine, which is underpowered for the vehicle when fully loaded with water. The tank is not baffled which can make it unsafe for transport and does not meet current DOT regulations for liquids. It should also be noted that parts are now either unavailable or difficult to find. Gross vehicle weight is 30,200 lbs. Staff recommends replacing Unit #35 with a 2016 4300 International chassis equipped with a Cummins 15B 260 HP diesel engine and a gross vehicle weight of 33,000 lbs. which will accommodate a 1,800 gallon tank. This vehicle is available on the State of Minnesota Purchasing Contract at a cost of $68,086.20. Bid requests were sent out to three vendors for the installation of a 1,800 gallon tank with a rear diesel engine running a Berkley self - priming pump with a minimum spec of 500 gallons per minute at 50 lbs. pressure. Bids came in as follows: Ruffridge- Johnson Equipment $53,665.00 LeeBoy Equipment $59,219.00 Mauldin Paving Products $73,530.00 The 2015 Public Works budget has $135,000 identified for this equipment replacement to be split equally between the Streets, Parks and the Storm Sewer budgets. Recommended Motion: Move to authorize the replacement of Unit #35 and purchase of one (1) 2016 International 4300 chassis with a Cummins diesel engine from Astleford International for $68,086.20 plus tax off the State of Minnesota Purchasing Contract. Move to also authorize the purchase of one (1) water tank rear engine and pump to be installed by Ruffridge - Johnson Equipment Company for a cost of $53,665.00. Funding shall be provided in Capital Equipment Replacement Funds 431 and 438. COUNCIL ACTION: 'o•i V. ob . 4- , �y i � 4 � A , tw rA .� i� Ilk it- y y f i' 1 - 2/12/2015 Truck Works Tarn Trucks I Gallery j AGA Project Gallery Home » Case Studies » Truck Works Tank Trucks Truck Works Tank Trucks Phoenix, AZ United States Since Tank Truck buyers fight tight budgets and require a product with an extended life span, Truck Works integrates hot -dip galvanized steel to provide its users a great advantage to the bottom line. Thanks to the combined strength of paint over hot -dip galvanized steel, known as duplex coating, the tanks achieve a time to first maintenance 1.5 times longer than the sum of the individual coatings. These durable tanks are protected from corrosion by a rust- resistant hot -dip galvanized coating which protects the equipment from the inevitable scratches, dings, and dents associated with the harsh trucking environment. HDG will keep them trucking along corrosion free for decades. Details Team Members Year Galvanized Reasons for Galvanizing 2009 Coating Durability Project Members Engineer 32 http: / /gaivaN zei t.org /project -gal I ery /gal I eryAr uck- works -tank- trucks ?cl ty--&state =AZ &country = United +States8d ocab on= %3AAZ ° /`3AU nited+States &reasorv= &... 1/2 CITY COUNCIL LETTER Meeting of February 23, 2015 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: NO: 7E I PUBLIC WORKS ITEM: AWARD OF SITE -CIVIL BY: K. Hansen ENGINEERING SERVICES FOR THE DATE: 2/18/2015 NEW CITY LIBRARY, PROJECT NO. 1410 CITY MANAGER BY: DATE: Background: Following the positive community vote on the new Public Library, the City is now proceeding with building a new facility. The design and construction will be facilitated through architectural or engineering consultants, while the project administration will be handled by Public Works. Requests for proposals were sent to eight firms. Five proposals were received on February 17"' in response to the Site /Civil /Landscaping RFP (attached). Proposals were evaluated on the following weighted criteria: (50% of total review score): • Demonstrated understanding of the requirements of this project and the concerns of the City of Columbia Heights. • Relevance and suitability of the overall project approach and schedule. • Detail, scope and program for the work. • Qualifications and expertise of the key personnel to be assigned and their proven ability to work together as a team on similar projects. • Experience of the firm and project team in conducting similar work. • Record of past performance on similar projects. • Comments and opinions provided by references. • Resources of the firm to conduct and complete this project in a satisfactory manner. Factors to be considered include size of the firm, current workload, and ability and willingness to commit key personnel. • Clarity, conciseness and organization of the proposal. (50% of total review score): • Total estimated cost of the project and Rate Schedule submitted. The engineering service fees are as follows: Design through Bidding Construction Admin Total Barr $ 83,880 32,500 $116,380 HGA $ 73,875 6,090 $79,965 SRF Consulting Group $ 53,805 20,100 $73,905 Wenck Associates $ 39,889 13,621 $53,510 WSB & Associates, Inc. $ 97,319 51,713 $149,032 33 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: AWARD OF SITE -CIVIL ENGINEERING SERVICES FOR THE NEW CITY LIBRARY, PROJECT NO. 1410 Library Site -Civil Page 2 Meeting of. February 23, 2015 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: K. Hansen DATE: 2/18/2015 BY: DATE: City staff along with staff members from the MWMO have reviewed each of the proposals, including both the design phase and the construction phase. The RFP detailed that the selection process would be a weighted score base where the proposal content and price carried equal ranking as follows: The final ranking is as follows: Company Design effort - hours Response to RFP 50% Fees 50% TOTAL SCORE (weighted score) (weighted score) Barr 741 hrs 38.67 32 70.67 HGA 505 hrs 41.20 41 82.20 SRF 424 hrs 40.00 42 82.00 Wenck 305 hrs 31.66 44 75.66 WSB 1,000 hrs 39.11 21 60.11 As a funding partner, the MWMO was also provided the engineering proposals. Based on their review, their ranking recommendation was 1. Barr; 2. HGA; 3. WSB. Based on the proposals received and the selection process established in the RFP and conducted by City staff and the MWMO, it is recommended that the highest ranking firm of HGA be hired as the Project Civil Engineer for the new City of Columbia Heights Public Library. Recommended Motion: Move to award the Site - Civil- Landscaping Engineering Services for the new City Library, Project No. 1410, to the firm of HGA, Inc. of Minneapolis, Minnesota, based on their highest ranked proposal for a cost not -to- exceed $79,765 appropriated from Fund 450 -51410 -3050. Attachment: Site /Civil /Landscaping RFP COUNCIL ACTION: 34 REQUEST FOR PROPOSAL (RFP) FOR PROFESSIONAL SERVICES Site / Civil / Landscaping CITY OF COLUMBIA HEIGHTS, MINNESOTA COLUMBIA HEIGHTS PUBLIC LIBRARY City Project: 1410 I. GENERAL REOUIREMENTS Interested firms should submit their proposal no later than 3:30 P.M. February 17t", 2015 to the Director of Public Works, 637 38th Avenue N.E., Columbia Heights, MN 55421. In submitting a proposal to provide the requested services, the following is required in order to expedite the review process by the representatives of the City. 1. The length of the proposal should not exceed five (5) pages, excluding figures or charts, resumes of personnel, firm experience, qualifications, site plans, etc. 2. The proposal should not contain non - applicable promotional materials and should address only the points requested in this document, including proposed time schedule to complete the work and associated fees. If requested elsewhere in this RFP, provide separate schedules and fees for separate sections of work. 3. Ten (10) print copies of the proposal should be addressed to the Director of Public Works /City Engineer, 637 38th Avenue N.E., Columbia Heights, Minnesota, 55421, to be received by 3:30 P.M. February 17th, 2015. In addition, a digital copy of the proposal should be emailed to the City Engineer at kevin. hansenkci.columbia- heights.mn.us 5. If the firm is proposing to use subconsultants, the subconsultant should be identified along with how the work will be divided. 6. The City of Columbia Heights reserves the right to reject any proposal that does not comply with the requirements of this R.F.P. 7. The City Council will consider the proposals at their regularly scheduled meeting on February 23rd, 2015. II. BACKGROUND AND GOALS The City of Columbia Heights has had a library since 1928 when the Silver Lake Mother's Club organized and created a public library to support the educational mission of the new public high school. The first library was located at 3949 Central Avenue in the Heights Theatre building. In 1953, the City officially recognized the library as a department of the City and began providing regular financial support. All library functions are now funded exclusively by the City. Originally built in 1959, the current facility has outlived its useful life. An analysis of City facilities conducted in 1999 recommended a building of at least 20,000 square feet to meet library needs of the community r-`c .'. An analysis of the Library operations and space needs was updated in the 2013 Needs Assessment and Master Plan — attached. 35 RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 2 Further analysis was also conducted in the preparation of a Site Consideration, Conceptual Design and Cost Estimate report dated June 16, 2014 — attached. The following goals have been established for a new public library: • Reaffirm the library's primary mission as a life -long learning center for people of all ages. • Columbia Heights children's programming has above average attendance and circulation of children's materials; therefore priority should be given to children/teen spaces. • Minimum design characteristics of the new building shall include: 1. Project Site: 3939 Central Avenue — commonly referred to as the old Burger King. The City also owns the adjacent parcel referred to as the Mady's property, and is depicted on the Site Map — 2. The City will replat the property to combine the two parcels concurrent with the project development; special consideration will be made to make the overall site compatible with the south adjacent future redevelopment site. 3. Building Size: 22,600 minimum to 24,000 maximum (square feet). 4. Building Type: single story, slab on grade, pile supported footings with a structural slab spanning to piles. 5. A Library that fulfills the Vision and meets the Needs as developed by the Library Task Force detailed in the 2013 Needs Assessment and Master Plan 6. Design features of a 21" Century Library (2013 Needs Assessment and Master Plan, page 6. 7. The Library shall meet or exceed Columbia Heights Central Business District Design Guidelines — attached. 8. The City intends on partnering with the local watershed, the Mississippi Water Management Organization (MWMO), for storm water management and to create a treatment system as an educational resource to be available for Library programming. 9. The following budget has been established for the project: GENERAL ESTIMATE OF COSTS: 3939 Central Avenue New Building: $5,880,000 Site Specific Costs: $1,521,000 Consultants: Architectural / Geotechnical /Civil /other: $ 600,000 Furnishing/Fixtures /Equipment: $ 450,000 Technology /other: $ 95.000 Total Costs: $8,546,000 Project Contingency ( -5 %) $ 400,000 The primary goal of this project is to build a new City Library that is people- centered and customer focused, future - oriented and technology centric, space flexible and energy- efficient, adaptable and optimizes work flow, and is beautiful, and will serve the city for the next fifty years. 36 RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 3 A secondary goal of the City for the new Library is a move -in date of May 22"d, 2016. Accordingly, the project schedule must be developed to maintain this goal. While the project is intended as a traditional design- bid -build development, the Engineer shall work with the City and the Project Team to develop a bidding schedule that may involve `bid packages' to maintain the goal of move -in ready by May 22"d, 2016. Each proposal should specifically address the consultant's ability to adhere to the project schedule by providing the appropriate staffing resources to the project. The City of Columbia Heights shall contract separately for the following professional services for the Project Team (under contract): • Architectural (HGA, Inc) • Geotechnical (Braun Intertec) • Surveyor (E.G. Rud) • Program Management / QC/ QA (ICS Consulting) • Project Representation • Project Commissioning III. SCOPE OF SERVICES The Site / Civil / Landscaping Design work requested in this RFP shall continue from the 2013 Master Plan and 2014 Concept Design for FULL SERVICE SITE — CIVIL - LANDSCAPING including: • Public Participation process • Schematic Design • Facilitate the approval process with Site -Civil governing agencies, ie MWMO & MNDOT • Final Design • Construction Documents • Public Bidding • Construction Phase Services — site inspections, surveying and construction administration. • Coordination with other City Consultants or staff including Architectural and Geotechnical • Coordination with MWMO The responders should demonstrate their experience in dealing with moderate and complex governmental projects. Respondent's project team personnel should have similar experience with working on moderately complex projects dealing with government facilities — brownfields. Include in your proposal references for at least two (2) brownfield projects that your firm has successfully completed in the last eight (8) years. Firms that do not demonstrate successful completion of at least two (2) public projects will not be considered. 1. Public Participation The City has established a Library Design Task Force or LDTF. This committee is comprised of citizen volunteers, city staff and one or more City council member(s). It is intended to be an advisory body to the full City Council and will assist in making key decisions at major points in the development of the Library Design. One Public Open House will also be established at either schematic level or preliminary design stage to present key features and materials of the new City Library and allow an opportunity for general public comment and 37 RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 4 input. The LDTF will assist in the open house and public input process. Schematics of the new Library will be also be displayed for a short time period on the City's website to allow for further public input. It should be anticipated to have up to three (3) meetings with the LDTF concluding with the construction document phase. 2. Schematic Design: a) Review existing work, reports, and studies completed to date, including the 2010 Carlson Geotechnical Report Braun Geotechnical report completed in 2014, with their recommendations. b) Evaluate primary site work developing options to stay within the project budget. a. Both the Carlson and Braun geotechnical reports recommend taking the site down 24 -30 inches and building on top of the existing material — this is included in the Site — Civil work plan. b. Braun Intertec will continue to provide support services throughout the design of the project including soils, environmental and structural issues specific to the site. c) Prepare a schematic design for the new Library site to include: a. Site utilities — sewer service and connection to the main, water service and connection to the main and a complete storm management system that includes the existing site and future development site. b. Project SWPPP. c. Storm water management and treatment in a brownfield property. d. Parking lot design e. Parking lot lighting design in conjunction with the Architect's Electrical Engineer. f. Sidewalk design: parking lot to the building and the existing sidewalk on Central Avenue to the building. g. Driveway accesses: North and south bound off Central Avenue and 39th Avenue h. Coordination the review and approval process with MnDOT (Central Avenue). i. Site Landscaping, coordinated with the project architect that compliments the building design and includes a Council directive of providing green space. d) Storm Water Management Plan: this area is within the boundary of the MWMO — the requirements of the most current version of the MWMO Plan shall be incorporated into the storm water management plan for the entire site - this includes City owned parcels and future development (3939, 3919 & 3901 Central Avenue). e) Storm Water Management as an educational resource: The City of Columbia Heights has partnered with the MWMO to incorporate features in the design of the storm water management system that are intended to be an educational resource in library programming. Rather than detail what those are — the MWMO site located at 2522 Marshall in Minneapolis is to be used as an example and a model. f) Evaluate different systems relative to long term operational costs and life cycle costs such as LED parking lot lighting, utility service pipe materials, etc. g) Meet with staff and the LDTF as required reviewing the schematic design and materials. h) Provide an updated cost estimate based on the schematic site -civil design, including any revisions. i) Develop a preliminary Site - Civil project schedule. j) Coordination with other City Consultants. k) Public input including one City Council work session meeting. Deliverable: Schematic Design Documents, project schedule, cost estimate — for approval. 38 RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 5 3. Final Design a) Based on the City's review and approval of the Schematic Design, prepare detail design documents (drawings and other documents) that include: • Plans, sections, elevations, typical construction details. • Diagrams or layouts including parking lot lighting distribution. • Establishment of storm sewer treatment system(s) • Specifications that outline types and quality of materials and systems types. • Review and confirm that current ADA rules are incorporated into the site plan. b) Meet with staff as required reviewing final design. c) Coordination with the MWMO and other City Consultants. d) Provide an evaluation of utilizing comprehensive bid packages based on the project schedule. e) Coordinate an updated cost estimate based on the final design, including any revisions. 1) Update the project schedule related to site - civil. Deliverable: Final Design Documents, project schedule, detailed cost estimate — for approval. 4. Construction Documents Based on the City's review and approval of the Final Design, prepare construction documents consisting of Drawings and Specifications to be used for public bidding. The bidding documents shall be coordinated with and include work or recommendations from other consultants hired by the City such as the architectural and geotechnical. To achieve the project goals, `bid packages' may be utilized with different project schedules. For site -civil work, the City has available specifications in an electronic format that the Engineer may consider utilizing. 5. Public Bidding Following the approval of the Construction Documents, the Engineer shall assist the Owner in obtaining competitive bids, confirming responsiveness of bids, determining the successful bid, recommending for contract award to the City Council, and assist with preparing contracts for construction. The Engineer shall assist the City in bidding the project by: • Procuring the reproduction of Bidding Documents, both online and hard copy. • Distributing the Bidding Documents to prospective contractors and vendors. • Organizing and conducting a pre -bid conference for prospective bidders. • Preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. • Assist with: organizing and conducting the opening of the bids, providing a bid review and tabulation, and subsequently documenting and distributing the bidding results. • Assist with the review and recommendation to the City Council on the bid results to determine the low, qualified, responsive bidder under MN Public Bidding Law. 39 RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 6 The Engineer shall consider requests for substitution, and following review with the City, prepare and distribute addenda identifying approved substitutions to all prospective bidders. 6. Construction Phase Services (provide separate costs for this part of the work) The Engineer shall provide administration of the Contract between the City and the Contractor (Site - Civil- Landscaping) as set forth below and in EJCDC Document E500TM- 2014, Exhibit A - A1.05 Construction Phase. The Engineer shall advise and consult with the City during the construction. The Engineer shall have authority to act on behalf of the Owner. The Engineer shall visit the site during durations of work at intervals appropriate to the stage of construction, or as otherwise required to become generally familiar with the progress and quality of the portion of the work completed, and to determine, in general, if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the Contract Documents. The Engineer shall attend progress meetings with the Contractor, City and other entities as work progresses, at not less than two week intervals. More frequent meetings may be necessary depending on the stage and complexity of the work taking place. The Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the work. The Engineer has the authority to reject work that does not conform to the Contract Documents. Project closeout including coordination of closeout documentation. 7. FEES Provide your fee as follows: • Total Site / Civil / Landscaping Fee for Schematic Design through Bidding and contract award. Provide separate costs for Construction Administration Services, based upon the hourly work plan provided in the proposal. • Please note any additional services fee which the City should consider. Information Provided By City The City has provided the following information with this RFP: • Space Needs Report (1999) • Needs Assessment and Master Plan — March 5, 2013 • Site Consideration, Conceptual Design, Cost Estimate — June 16, 2014 • Geotechnical Report • Aerial and GIS data for 3939 Central Avenue • Current Library Building Plans • Sample EJCDC Contract as form of Agreement E, to] RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 7 IV. PROPOSAL CONTENTS Proposal Questions Responders, who have any questions regarding this RFP, must submit questions by e -mail only to: Kevin Hansen E -mail: Kevin. Hansen kci.columbia- heights.mn.us All questions and answers will be e- mailed to all persons sent an RFP. Please note that all questions will be posted verbatim as submitted. Questions regarding this RFP must be received by the City no later than 3:30pm Central Standard Time on February 11th, 2015. Responses will be sent by end of day February 13th, 2015. No other department personnel are allowed to discuss the RFP before the proposal submission deadline. Contact regarding this RFP with any personnel not listed above could result in disqualification. 1. Project Approach Should reflect the firm's understanding of the requirements of the project and your project approach for accomplishing the work. Merely restating the scope of services will not be acceptable. 2. Schedule Should include a schedule depicting the task activities, their inter - relationships, and the projected completion dates. It should also contain a discussion of the firm's total staffing and its procedures for maintaining schedule compliance in the event of unforeseen delays or other such circumstances. 3. Project Personnel Should outline the general responsibilities of the firms to be involved if more than one. Should also contain the names of personnel with key responsibilities for the work and a description of their role and duties for this job, and detail their training and work experience. It must also include an organizational chart for these people, delineating responsibilities and showing lines of authority and communication. It should also contain biographical resumes of these individuals with emphasis on their background on comparable projects and similar roles to those proposed for this project. No change in personnel assigned to the project will be permitted without approval of the City. 4. Relevant Experience Should discuss demonstrated experience of firm and project team with projects of similar scope and magnitude to the proposed project. An outline of the responder's background and experience with particular emphasis on government projects at the local, county or state level of government work. Provide a minimum of two (2) examples of same or similar brownfield projects completed by the responder's firm or project team personnel. 5. Performance A detailed work plan identifying the work tasks to be accomplished and the budget hours to be expended on each task and subtask. This work plan will be used as a scheduling and 41 RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 8 managing tool by the City and will serve as the basis for invoicing. The work plan shall also identify the deliverables at key milestones in the project and shall indicate the level of City participation in the project as well as any other services to be provided by the City. City staff intends to be actively involved with the project. 6. References Should contain references that may be contacted for the similar projects discussed in the Experience and Performance Sections. A listing of the names, addresses and telephone numbers of at least three (3) references for which the respondent has performed similar work in the last five years. 7. Schedule of Rates and Charges for non - personal Include rates of miscellaneous charges, such as copies, mileage, etc. 8. Benefits to Columbia Heights All things considered, summarize why you believe the City of Columbia Heights should retain your firm to perform this project. V. EVALUATION CRITERIA AND SELECTION PROCEDURES Proposals will be evaluated on the following criteria: (50% of total review score): • Demonstrated understanding of the requirements of this project and the concerns of the City of Columbia Heights. • Relevance and suitability of the overall project approach and schedule. • Detail, scope and program for the work. • Qualifications and expertise of the key personnel to be assigned and their proven ability to work together as a team on similar projects. • Experience of the firm and project team in conducting similar work. • Record of past performance on similar projects. • Comments and opinions provided by references. • Resources of the firm to conduct and complete this project in a satisfactory manner. Factors to be considered include size of the firm, current workload, and ability and willingness to commit key personnel. • Clarity, conciseness and organization of the proposal. (50% of total review score): • Total estimated cost of the project and Rate schedule submitted. 42 RFP Site / Civil / Landscaping Services — Columbia Heights Public Library Page 9 VI. Limitations, Terms and Conditions This Request for Proposal does not commit the City of Columbia Heights to award a contract, pay costs incurred in the preparation of a proposal or to procure a contract for services or supplies. The City of Columbia Heights reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirety this Request for Proposal if it is in the best interest of the City of Columbia Heights to do so. If, for any reason, the firm selected is not able to commence services under its proposal within 14 days after its award, the City reserves the right to award the contract to the next most qualified firm. The City will retain ownership of all reports, site plans or other submittals prepared under the proposal — all information received is considered public. The proposals and interviews will form the basis for firm selection. The firm that the City believes to be the best qualified based on the criteria above will be invited to enter into a contract to perform this project. If you have any questions, please contact me at 763/706 -3705. Public Works Director /City Engineer Attachments: (5) • 1999 City Facilities Analysis • 2013 Needs Assessment and Master Plan • 2014 Site Consideration Conceptual Design and Cost Estimate • Proiect Site Map • Central Business District Design Guidelines • 2014 EJCDC E -500 43 CITY COUNCIL LETTER MEETING OF: FEBRUARY 23,2O 15 AGENDA SECTION: CONSENT NO: 7F ORIGINATING DEPT: FINANCE CITY MANAGER APPROVAL ITEM: RESOLUTION 2015 -19 AUTHORIZING A BY: Joseph Kloiber BY: BROKERAGE ACCOUNT WITH TD AMERITRADE INSTITUTIONAL AND AN DATE: February 19, 2015 INVESTMENT ADVISORY AGREEMENT WITH EHLERS INVESTMENT PARTNERS Background In the past, the City has included bond proceeds in its regular investment pool, until the bond proceeds are used for the intended project. This pool is invested using securities brokers that are paid by sales commission. Under a new federal law effective July 1, 2014, brokers are prohibited from collecting a sales commission when investing bond proceeds, as there is a potential for a conflict of interest if that same firm was to also buy the City's bonds. To invest bond proceeds under the new law, the City must either hire a securities broker under a fee - for - service arrangement, or invest under certain other limited exceptions allowed under the new law. The City currently holds $1.6 million in bond proceeds for projects delayed from 2014 or scheduled for 2015. Since July 2014, this amount has been held in a savings account, pending determination as to whether or not the City would also issue $7 million in bonds for a new library. We now know that on March 4t', the City will receive the $7 million in library bond proceeds. Analysis Staff has reviewed the limited exceptions allowed under the new law, and judges that it would be beneficial for the City to establish a brokerage account under a fee - for - service arrangement. The fees under these arrangements are set as an annual percentage of the assets held in the account. Staff has obtained the following vendor quotes: 1. Wells Fargo Advisors 0.25% 2. RBC (U.S. Branch of Royal Bank of Canada) 0.20% 3. Ehlers Investment Partners /TD Ameritrade Institutional 0.15% The City currently has commission -based accounts with the first two brokers. The third broker is affiliated with the City's municipal bond advisor, but is a legally separate entity. In addition to being the low bidder, the third broker is somewhat more oriented toward the short-term nature of temporarily investing bond proceeds, compared to the other two brokers. A sample investment portfolio from the third broker, including estimated earnings and fees, is attached. 44 City Council Letter Meeting of: February 23, 2015 Page 2 Recommendation Based on the above, staff recommends the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2015 -19, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -19, being a resolution authorizing a brokerage account with TD Ameritrade Institutional and an investment advisory agreement with Ehlers Investment Partners. JK:nb 1502231 COUNCIL Attachments COUNCIL ACTION: 45 RESOLUTION NO. 2015-19 AUTHORIZING A BROKERAGE ACCOUNT WITH TD AMERITRADE INSTITUTIONAL AND AN INVESTMENT ADVISORY AGREEMENT WITH EHLERS INVESTMENT PARTNERS WHEREAS, The City of Columbia Heights intends to establish custodial accounts with TD Ameritrade Institutional for cash and investment securities, and to contract with Ehlers Investment Partners for investment advice in regard to said accounts and securities; and WHEREAS, The City of Columbia Heights, TD Ameritrade Institutional, and Ehlers Investment Partners, each require certain clarification of the authority within the City of Columbia Heights in regard to such accounts and securities; THEREFORE, IT IS HEREBY RESOLVED, that the Finance Director and the City Manager of the City of Columbia Heights are hereby fully authorized and empowered to open a TD Ameritrade Institutional brokerage account, transfer, endorse, sell, assign, set over and deliver any and all shares of stocks, bonds, debentures, notes, evidences of indebtedness, or other securities now or hereafter standing in the name of or owned by this City, to purchase stocks, bonds, debentures, notes, evidences of indebtedness, and other securities, and to make, execute, and deliver, under the City seal of this City, any and all written instruments necessary or proper to effectuate the authority hereby conferred. BE IT FURTHER RESOLVED, that the Finance Director and the City Manager of the City of Columbia Heights are hereby fully authorized to make, execute, and deliver, under the City seal of this City, an investment advisory agreement with Ehlers Investment Partners. Passed this 23rd day of January, 2015 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Katie Bruno, City Clerk/Council Secretary 46 C1'1LCKZO INVFSIMEN1 PARTNFRS ;llatutgittg hivestinent. for your Comnumitys I uture Columbia Heights - Bond Proceeds (2013A & 2015A) Sample Investment Portfolio 211712015 Payable Amount Yield Est. Maturity March -15 36,000 0.1500% 3/15/2015 April -15 90,000 0.1500% 4/15/2015 May -15 110,000 0.2500% 5/15/2015 June -15 95,000 0.2500% 6/15/2015 July -15 385,000 0.3000% 7/15/2015 August -15 360,000 0.3000% 8/15/2015 September -15 520,000 0.3000% 9/15/2015 October -15 602,500 0.3500% 10/15/2015 November -15 1,217,500 0.3500% 11/15/2015 December -15 1,530,000 0.3500% 12/15/2015 January-16 1,025,000 0.4000% 1/15/2016 February-16 605,500 0.4000% 2/15/2016 March -16 800,000 0.4000% 3/15/2016 April -16 425,000 0.4000% 4/15/2016 May -16 459,000 0.4000% 5/15/2016 June -16 290,000 0.4500% 6/15/2016 Total 8,550,500 Average Weighted YTM 0.3600% Average Weighted Maturity 0.83 years Estimated Earnings $ 25,589.83 Estimated Fee $ 6,325.00 Net Earnings $ 19,264.83 Historical returns are not a guarantee of future results. Information obtained is from sources we believe to be reliable but we do not guarantee accuracy. Neither the information, nor any opinion expressed, constitutes a solicitation by us of the purchase or sale of any security. Yields, rates, securities and prices are subject to change and availability. 47 CITY COUNCIL LETTER Meeting of February 23. 2015 AGENDA SECTION: 7G NO. ORIGINATING DEPARTMENT POLICE � CITY MANAGER APPROVAL: / ITEM: Approval of Premises Permit BY: Scott Nadeau BY: Application for Columbia Heights DATE: February 17, 2015 DATE: Athletic Boosters to conduct charitable gambling activities at El Tequila Mexican Grill and Bar, 4005 Central Avenue NE NO: BACKGROUND The Columbia Heights Athletic Boosters Club has submitted a Premise Permit Application to hold legal gambling activities at the El Tequila Mexican Grill and Bar, 4005 Central Avenue NE. The Athletic Boosters propose to have pull tabs at the site. The Athletic Boosters have submitted a copy of the floor plan and lease agreement with El Tequila. The Premises Permit Application and an investigation fee of $250 were also submitted. A background check has been conducted on their chairperson, and we found no information that would disqualify them fiom receiving approval for this pen-nit. It should be noted that this is a new permit for this location. ANALYSIS /CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and the organization has paid the $250 investigation fee, the following action is recommended. RECOMMENDED MOTION MOTION: Move to approve the Premises Permit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at El Tequila Mexican Restaurant, 4005 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. COUNCIL ACTION: 48 COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB, INC February 1, 2015 City of Columbia Heights 825 41 st Avenue NE Columbia Heights, MN. 55421 RE: New Premise Permit Dear Chief Nadeu, On behalf of the Columbia Heights Athletic Boosters Club I am requesting approval of the enclosed premise permit application for a new location; El Tequila Grill & Bar, 4005 Central Avenue NE, Columbia Heights Athletic, MN. At this time, we are interested in placing a pull tab dispensing machine in place. We are hopeful that in time, business will grow such that we will be able to utilize the pull tab booth that is already in place in the establishment. In compliance with state requirements I've enclosed the following documents for City Council approval effective March 1, 2015: • LG215 Lease Agreement for Lawful Gambling Activity • LG214 Premise Permit Application V • Dispensing machine location diagram within site • Investigative fee of $250.00 • Board of Directors listing Signature of Walt Fehst and/or Mayor Petersen will be required once approval is obtained on second page of LG214. If you require additional information please feel free to reach me at (763) 331 -5303. Your assistance in this matter is greatly appreciated. Si ely, Suzy cio CHABC Gambling Manager Enclosure: 6 530 Mill Street NE * Columbia Heights MN * 55421 * 763 - 706 -3743 49 6718 ��Northeast y,,Ninnoapofis� MN- et2�7B•�11 Bank Coon q�p Lls MN -7VS 7863B&89bt COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB "�Pnnrfnarprtufrnt Cemmemtiy B¢nk ` CHARITABLE GAMBLING ACCOUNT 530 MILL STREET NE 17 -13 -410 COLUMBIA HEIGHTS, MN 5542I 211/2015 PAY TO THE City f Columbia Heights ** ORDER OF ty 9 $ 250.00 Two Hundred Fifty and 00/ 1 DOLLARS City of Columbia Heights VOID AFTER 180 DAYS 590 40th Avenue NE l :Columbia Heights; MN 55421 .: MEMO .. AUTHORIZED SIGNATURE .. ._.....,..,._... :.... _ ..,.... � ..... ........ . -..... . -. ,_ _.. m .- _._..� ,...- ........:. �: _- ... -.:� a....ras.,..^:x.:arrr•. +x� ... w�iawm+inu�twxwaecn�au,�w.ca+. annauw• ra :nr.,�z.? -cw. un E:. t .... - t 11"006 7 L811" 1� CHARITABLE GAMBLING A C1OUNTOSTERS CLUB 6 718 City Of Columbia Heights 2/1/2015 250.00 Columbia Heights Athl Investigative Fee: El Tequila 250.00 50 GL (lr1A bx "\C-, 51 I vk- S: t� Columbia ��`iJ._.MiII Street N, E, �Colu, ' � LL ___. _ �mbsa ! ie hts�iviNT�542�1 ,T 2014 -15 OFFICERS & DIRECTORS (October 1, 2014 — September 30, 2015) CHAIRMAN ......................Clara Wolfe PRESIDENT ......................Anne Carder PRESIDENT ELECT ............ Kevin Gilbertson SECRETARY .....................Ellen Surbrook TREASURER .....................Karen Schultz DIRECTORS: Rebecca Hansen, Gary Major, Tom Greenhalgh, Tanya Moore CHAIRMAN ........... Clara Wolfe 763- 245 -6114 PRESIDENT.. ................... Ann Carder 612 - 270 -5529 PRESIDENT ELECT ............ Kevin Gilbertson 612- 209 -0854 SECRETARY .....................Ellen Surbrook 763 - 572 -9736 TREASURER .....................Karen Schultz 612 - 220 -4262 DIRECTORS: Gary Major 763- 574 -1599 Becky Hansen 612 -385 -2492 Tam Greenhalgh 612 -597 -6301 Tanya Moore 612- 272 -0249 BOOSTER OFFICE 763 -706 -3743 Gambling Manager: Suzy Vescio 530 Mill Street NE Columbia Heights, MN 55421 763 - 331 -5303 (cell) 763- 706 -3743 (office) M, MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity Revised 11/12 Page 1 of 2 Organization 1530 Address License /site number Daytime phone Columbia Heights Athletic Boosters Mill Street NE Columbia Heights 55421 02072- 7637063743 Name of leased premises Street address City State Zip Daytime phone El Tequila Grill & Bar 4005 Central Avenue NE Columbia Heights MN 55421 7637105723 Name of legal owner c� Business /street address city State Zip Daytime h ne _ -IZ V16 Name of lessor {if same as legal owner, write in "SAME" Check applicable item: 1. New lease. Do not submit existing pease with amended changes. 03/0112015 Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 2. New owner. Effective date Submit new lease within 10 days after new lessor assumes ownership. Chec�C!! activ�rtty that vi►il# be cot�ducted(No lease re%►Ered fir raFlesj ❑Electronic pull -tabs [must also sell paper pull -tabs] Pull -tabs [paper] (� Pull -tabs [paper] with dispensing device j�j Linked electronic bingo Electronic games may only be conducted at: ❑ Bar bingo Bingo (1) a premises licensed for the on -sale or off -sate of intoxicating liquor or 3.2 percent malt beverages (but does not include a general food store or drug store permitted to sell i� Tipboards alcoholic beverages under Minn. Stat. 340A.405, subdivision IJ; or Paddlewheel ❑ Paddlewheel with table (2) a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. PULL TAB, TAP OARD,;AN® PADDLEWHEEL =RENT Sepalrlat irenffor bdot h` and :bar d BOOTH OPERA? ON - Some or all sales of gambling equipment are conducted by: an eMployee /volunteer of a licensed :orgariizatioh at the. leased prerrllse5 . . ALL GAMES, including electronic games - Monthly rent to be paid, 10 %, not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not Include BAR OPERATION rent for electronic games conducted by the lessor, BAR OPERATION .:- All sales of gambling equipment conducted by the lessorl'br lessor's employee.: ELECTRONIC GAMES - Monthly rent to be paid, %, not to exceed 150/a of the gross profits for that month from electronic pull-tab games and electronic linked bingo games. ALL OTHER GAMES - Monthly rent to be paid, 10 %, not to exceed 20% of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises rent may not exceed 10% of gross profits for that month and is subject to booth operation $1750 cap. BINCs ®. RENT. far teased prerrtESes where'btngb:is the py gr x :bilno:h all Bingo rent is limited to one of the following: • Rent to be paid, %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. - OR - • Rate to be paid $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. • Rent may not be paid for bar bingo. • Bar bingo does not include bingo games linked to other permitted premises, LEASE TERMINIATION CLAUSE. Must:'be completed. The lease may be terminated by either party with a written 30 day notice. Other terms 271 LG215 Lease for Lawful Gambli Revised 11/12 Page 2 of 2 Lease Term - The term of this agreement will be concurrent with the I Other Prohibitions - The lessor will not impose restrictions premises permit issued by the Gambling Control Board (Board). on the organization with respect to providers (distributor or linked bingo game provider) of gambling- related equipment Management - The owner of the premises or the lessor will not and services or in the use of net profits for lawful purposes. manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited - The lessor will not participate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises, except as authorized by Minnesota Statutes 349.181. Illegal Gambling - The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that Illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, If the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises - Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor records -The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3 -1/2 years. Rent all - inclusive - Amounts paid as rent by the organization to the lessor are all - inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to: - trash removal - janitorial and cleaning services - electricity, heat - other utilities or services - snow removal - lawn services - storage - security, security monitoring - cost of any communication network or service required to conduct electronic pull -tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to activity at this site in which the organization did not participa te. an individual. Acknowledg men t:.of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease Si essor Date rign' t of organizapQn official (lessee] lea e Print name and title of lessor Print name and title of lessee Clara Wolfe, CEO Questions? Contact the Licensing Section, Gambling Control Board, at 651 -539 -1900. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice. The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Reset Form — Print Form 54 MINNESOTA LAWFUL GAMBLING L+G214 Premises Permit Application 12/12 Page 1 of 2 Annual Fee $150 (NON REFUNDABLE) Required': Attachments to LG214 1, If the premises is leased, attach a copy of your lease. Mail the application and required attachments to., Use LG215 Lease for Lawful Gambling Activity. Gambling Control Board 2. $150 annual premises permit fee, for each permit 1711 West County Road B, Suite 300 South (non refundable). Roseville, MN 55113 Make check payable to "State of Minnesota." Questions? Call 651- 539 -1900 and ask for Licensing. organization Information 1, Organization name Columbia Heights Athletic Boosters License number 02072 2. Chief executive officer (CEO) Clara Wolfe Daytime phone 3. Gambling manager Suzy Vescio Daytime phone (763) 706 -3743 Gambling Premises Information 4. Current name of site where gambling will be conducted El Tequila Mexican Grill & Bar 5. List any previous names for this location Latin Kitchen Bar & Grill Columbia Grill Star Bar 6. Street address where premises is located 4005 Central Avenue NE Do not use a P.O. box number or mailing address. 7. City Township ®R County ,Zip code Columbia Heights Anoka 55421 8, Does your organization own the building where the gambling will be conducted? Yes F✓ No If no, attach LG215 Lease for Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. 9. Is at this site? Yes No Don't know any other organization conducting gambling conducted nNo 10. Has at this site? ®Yes Don't know your organization previously gambling Gambling Bank Account Information. Must be in Minnesota. 11. Bank name Bank account number l \JWffV"f rlu-dl- 12. Bank street address city ,` , City State Zip code ,3r Qk�1,1V(�-f MN vi C./t✓lJ`c All Temporary and Permanent Off -site Storage Spaces 13. Address (Do not use a P,O. State Zip co /die ,,brro��x /�n��u�,m``ber) jCity ! 3.7 3 1! `i , a,,, 'n � � � M N D 14. Address (Do not use a P.O. box number) City State Zip code MN 55 LG214 Premises Permit Application 12/12 Page 2 of 2 Acknowledgment by Local Unit .of Government. Approval by:Resolutioin CITY APPROVAL for a gambling premises located within city limits City name Date approved by city council Resolution number Signature of city personnel Title COUiVTY APPROVAL for a garnnbling premises located in a township County name Date approved by county board Resolution number Signature of county personnel Date signed I Title TOWNSHIP NAME Date signed Complete bellow only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.] Print township name Signature of township officer Title Date Acknowledgment and Oath Board. All other information provided wlli be Safety; Attorney General; Commissioners form (and any attachments) will be used by the Gambling 1. I hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful & Budget, and Revenuc; Legislative the Board or its agents, and the commissioners of Board issues the permit, all information operation of all activities to be conducted, Minnesota. Your organization has the right to refuse to revenue or public safety and their agents may enter 7. I will familiarize myself with the taws of Minnesota does not issue a permit, all Information and inspect the premises. refuses to supply this information, the Board may not be governing lawful gambling and rules of the Board and Z. The Board and its agents, and the commissioners tion of your organization's name and agree, if licensed, to abide by those laws and rules, as a consequence, may refuse to issue a permit. If your of revenue and public safety and their agents are information; individuals and agencies for including amendments to them. Private data about your organization are authorized to inspect the bank records of the 8. Any changes in application information will be submitted use or sharing of information after this gambling account whenever necessary to fulfill whose work requires access to the infor- to the Board no later than 10 days after the change has mation when received by the requirements of current gambling rules and law. written consent. taken effect. 3. I have read this application and all information 9. I understand that failure to provide required information submitted to the Board is true, accurate, and or providing false or misleading information may result complete. in the denial or revocation of the license. 4. All required information has been fully disclosed. 10. I understand the fee is nonrefundable regardless of 5. Tam h executive officer of the organization. license approval /denial.(` -, Signature of i9f Executive Officer (desi nee ma not sign) Date Print name rr .,b - �a,6 �( (7 Data privacy notice: The information requested on this Board. All other information provided wlli be Safety; Attorney General; Commissioners form (and any attachments) will be used by the Gambling private data about your organization until of Administration, Minnesota Management Control Board (Board) to determine your organization's the Board issues the permit. When the & Budget, and Revenuc; Legislative qualifications to be involved in lawful gambling activities in Board issues the permit, all information Auditor, national and international gam - Minnesota. Your organization has the right to refuse to provided will become public. If the Board bling regulatory agencies; anyone pursuant supply the information; however, if your organization does not issue a permit, all Information to court order; other individuals and refuses to supply this information, the Board may not be provided remains private, with the excep- agencies specifically authorized by state able to determine your organization's qualifications and, tion of your organization's name and or federal law to have access to the as a consequence, may refuse to issue a permit. If your address which will remain public. information; individuals and agencies for organization supplies the information requested, the Board Private data about your organization are which law or legal order authorizes a new will be able to process your organization's application. available to: Board members, Board staff use or sharing of information after this Your organization's name and address will be public infor- whose work requires access to the infor- notice was given; and anyone with your mation when received by the oration; Minnesota's Department of Public written consent. This form will be made available in alternative format, i.e. large print, Braille, upon request. f CITY COUNCIL LETTER Meeting of Feb 23rd. 2015 AGENDA SECTION: 7H ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: Feb 18, 2015 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the February 23, 2015 Council meeting. This agenda consists of applications for 2015 Contractor 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 23rd, 2015 as presented. COUNCIL ACTION: 67A TO CITY COUNCIL February 23, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG *Nowthen Plumbing Inc *St Marie Sheet Metal *A & K Plumbing *Visionary Plumbing *Friendly Home Services North Anoka Plumbing *Four Seasons Air Spec *ULLR LLC 19960 Ferret St NW, Elk River 7940 Spring Lk Rd, Spr Lk Pk PO Box 642, Waite Pk 7198 Hidden Valley Cove, Cott Gr 7510 Lannon Ave, Otsego 22590 Rum River Blvd, St Francis 4457 White Bear Pkwy, Wht Bear Lk 3853 Central Ave, Col. Hts *South -Town Refrigeration 6325 Welcome Ave N, Brk Pk ELK Mechanical 6361 Sunfish Lk Ct, Ramsey Nick's Tree Service *Arbortech Stump /Tree *Nature's Trees dba SavATree *Neighbor Tree Care 9000 Foxline Dr, Corcoran 6332 Rhode Island Ave, Brk Pk 8000 Powell Rd, Hopkins 5176 Hughes Ave, Fridley $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 M U) 2 w 2 m J O LL O U U N L U O1 c L a) > O U Q E Co U 4- O N t O O N L cn m �U c O U It U a) 00 L o N cn M 1-: N r- N L m N N 0 LL t6 LL N O m (D o z cn LI c LL) 7 J 3 z N U) c O = CD o Z < _ ui 7-5 O Q ~ z O � z Z a LL O OU Lu 0 LL Z LU Z O c I— O z O tz o LL. 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Q, I Q, O a' 0 Ga 44 1 H N N N N N N IT d' C 110 l0 1-0 l0 1-0 to I- I` r- W W w F F co CITY COUNCIL LETTER Meeting of February 23, 2015 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: 8A APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: February 17, 2015 DATE: NO: 2015 -16 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at: 2015 -16 4830 Jefferson St NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -16, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2015 -16, being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: 67 RESOLUTION 2015 -16 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Behaitu Desta (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4830 Jefferson St N.E. , Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 9, 2015. 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 on November 20, 2014 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on January 7, 2015 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on February 3, 2015 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Miscellaneous outside storage, garbage and /or debris throughout property. Items under tarps or makeshift lean -to not acceptable. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4830 Jefferson St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 68 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4830 Jefferson St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2015 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk/Council Secretary 69 CITY COUNCIL LETTER Meeting of February 23, 2015 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL 8B ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: February 17, 2015 DATE: NO: 2015 -17 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at: 2015 -17 — 4030 Quincy St NE for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -17, being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2015 -17, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. COUNCIL ACTION: 70 RESOLUTION 2015 -17 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Walter Azizi (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4030 Quincy Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 13, 2015 of a public hearing to be held on February 23, 2015. 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 on or about January 13, 2015 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 2, 2015 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F12290 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 71 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2015 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk/Council Secretary 72 CITY COUNCIL LETTER meeting ot: t,et) ary 1.i, 1U I J AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: 913 1 PUBLIC WORKS 1 /14/i ITEM: ADOPT RESOLUTION NO. 2015-18 BEING BY: K. Hansen BY: A RESOLUTION ACCEPTING BIDS AND DATE: 2/18/2015 DATE: AWARDING A CONTRACT FOR THE LABELLE PARK IMPROVEMENTS, PROJECT NO. 1306 Background: On August 13, 2012, the City Council authorized staff to prepare construction plans and specifications for capital improvements to LaBelle Park. Construction plans were prepared by the consulting firm of WSB & Associates. The plans included the following improvements as detailed in the Master Plan: 1. Removal of the boardwalk / vertical sheetpiling / patio 2. Slope restoration 3. Bituminous trails construction and relocation 4. Two infiltration ponds serving the parking lots off of 41St and 42nd Avenues 5. A small picnic shelter and arbors replacing the basketball court 6. Overall site landscaping 7. Sidewalk and steps On January 12, 2015 the City Council approved the final plans and specifications and authorized staff to order the Advertisement for Bids. Eight bids were received and publicly read aloud at the February 11, 2015 bid opening. Analysis /Conclusions: Based upon the low bid from Odesa II, LLC staff is recommending contract award of the base bid with alternates A, B, C and D. Recognizing an uncertain bidding market, the project was broken down into a base bid and four alternates which together comprised the original scope of work. The alternates and low bid pricing are described as follows: Base Bid: Add Alternate A Add Alternate B - Add Alternate C - Add Alternate D - Recommended P - East Patio Improvements: - West Patio Improvements: - Trellis and Tables: - Site Furnishing Relocations: ' roject Award: $303,729.75 $ 6,140.00 $ 47,514.00 $ 21,000.00 $ 570.00 $378,953.75 The base bid plus alternates is approximately 29.7% less than the engineer's estimate of $491,500. Recommended Motion: Move to waive the reading of Resolution 2015 -18, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2015 -18 being a resolution accepting bids and awarding the LaBelle Park Improvement Project, City Project No. 1306, including Alternates A, B, C and D to Odesa II LLC of Sauk Rapids, Minnesota based upon their low, qualified, responsible bid in the amount of $378,953.75 with funds to be appropriated from Fund 412 -51306 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Minutes of the Bid Opening Resolution 2015 -18 Engineer's Letter of Recommendation COUNCIL ACTION: BID TABULATION SUMMARY PROJECT: LaBelle Park Improvements Summary OWNER: City of Columbia Heights, MN WSB PROJECT NO.: 1792 -11 Bids Opened: Wednesday, February 11, 2015 at 10 a.m. Engineer's Opinion of Cost $409,192.00 $82,261.00 I hereby certify that this is a true and correct tabulation of the bids as received on February 11, 2015 Denotes corrected figure Robert Slipka, Project Manager 74 K:101792- 1101AdminlConstruction Admin11792 -11 Bid Tab Summary 021915 Contractor Bid Security (5 %) Base Bid Alternate Bid 1 Odesa Il, LLC X $303,729.75 $75,224.00 2 G.L. Contracting, Inc. X $310,997.40 $170,932.60 3 Blackstone Contractors, Inc. X $329,608.10 $105,654.00 4 Fitol -Hinz Construction, Inc. X $343;151.95 $87,697.75 5 Sunram Construction, Inc. X $356,069.20 $105,698.50 6 Peterson Companies, Inc. X $399,997.35 $94,706.77 7 Pember Companies, Inc. X $455,456.02 $109,205.50 8 New Look Contracting, Inc. X $508.789.25 $97,073.75 Engineer's Opinion of Cost $409,192.00 $82,261.00 I hereby certify that this is a true and correct tabulation of the bids as received on February 11, 2015 Denotes corrected figure Robert Slipka, Project Manager 74 K:101792- 1101AdminlConstruction Admin11792 -11 Bid Tab Summary 021915 RESOLUTION NO. 2015 -18 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE LA BELLE PARK IMPROVEMENT PROJECT, CITY PROJECT NO. 1306 WHEREAS, pursuant to an advertisement for bids for City Project No. 1306, LaBelle Park Improvement Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Odesa II LLC $303,729.75 G.L. Contracting Inc. $310,997.40 Blackstone Contractors, Inc. $329,608.10 Fitol -Hintz Construction, Inc. $343,151.95 Sunram Construction, Inc. $356,069.20 Peterson Companies, Inc. $399,997.35 Pember Companies, Inc. $455,456.02 New Look Contracting, Inc. $508,789.25 Alternates Base Bid + Alternates $ 75,224.00 $378,953.75 $107,932.60 $418,930.00 $105,654.00 $435,262.10 $ 87,697.75 $430,849.70 $105,698.50 $461,767.70 $ 94,706.77 $494,704.12 $109,205.50 $564,661.52 $ 97,073.75 $605,863.00 WHEREAS, it appears that Odesa II LLC, 9003 Mayhew Lake Road NE, Sauk Rapids, Minnesota is the lowest responsible bidder; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Odesa II LLC in the name of the City of Columbia Heights, for LaBelle Park Improvements, City Project No. 1306, 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 No. 1306 shall be funded with Park Capital Improvement Funds. Dated this 23'd day of February, 2015. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Katie Bruno City Clerk 75 WSB & A.Ysrx� engineering -planning • environmental • construction February 16, 2015 Kevin Hanson, Public Works Director City of Columbia Heights Munici al Service Center 637 38t Avenue NE 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 - 541 -1700 Re: Recommendation to Award Construction Contract for LaBelle Park Improvements Project WSB Project No. 01792 -110 Dear Mr. Hanson, Congratulations on obtaining very competitive bids for this project. The receipt of 8 bids shows great interest in working with the City of Columbia Heights by local contractors. Bids were received for the above - referenced project on Wednesday, February 11, 2015. There were a total of 8 bids submitted, which were opened and read aloud. The bids were checked for mathematical accuracy and tabulated. The bid tabulation is attached for your reference and includes corrections to any mathematical errors. The low bid was submitted by Odesa II in the amount of $303,729.75 for the base bid improvements. Their bid is about 25% less than the engineer's estimate of $409,192.00 for these base bid improvements. Odesa II is a local contractor that has successfully constructed other projects for WSB & Associates. We expect they will perform similarly for this project. WSB & Associates have also contacted Odesa II and confirmed with them that they are confident in their Bid Proposal Submission. They are excited and eager to start the project and look forward to working with the City of Columbia Heights on what should be a great project. We recommend the City of Columbia Heights award the contract to the low bidder, Odesa II, as indicated below: Base Bid $303,729.75 Add Alternate A — East Patio Improvements $6,140.00 Add Alternate B — West Patio Improvements $47,514.00 Add Alternate C — Trellis and Tables $21,000.00 Add Alternate D — Site Furnishing Relocations $570.00 Recommended Project Award: $378,953.75 St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com 76 K ;V )1792 -11 &kdnwdCons]mgiun AdInhALTR RECAIMDTN- LaBelle Park — 2015 -02 -16 Page 2 As a reminder, the bid schedule allows construction to proceed in all designated work areas upon receipt of the Notice to Proceed. Work in all areas will be Substantially Completed by September 11, 2016. It is noted that access from 41" Avenue will be closed by August 1, 2015 and all access beyond that date will need to be accomplished via 42 "d Avenue. Please contact me to discuss any questions you may have. WSB would like to thank you for the opportunity to assist you in the development of plans and documents for improvements to LaBelle Park and look forward to seeing this exciting project develop through construction. Sincerely, WSB & Associates, Inc. Robert A. Slipka III, RLA Senior Landscape Architect Attachments: Bid Tabulation 77 K3A1792 -11 OlAd,uhACons1-1m Adk ALTR RECb1MDTN -L.BeN Park - 2015- 02- 16.dou