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HomeMy WebLinkAbout02-09-2015HALD 1 / ; FEBRUARY CITY COUNCIL MEETING ' 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 SACA. 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 14t" 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 obli ag tion 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 Z 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 feels state aid funds should be used in lieu of assessing property owners for projects on state aid designated roads. 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 3of19 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 I 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 pa Ment. 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 2015 -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 ofgeneral 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 Comcast 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 ]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. 44th Ave will be closed for 1 week beginning February 16th. 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 43'd & 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 49t1i 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 Page 8 of 19 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 $ J [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 2017 % 2018 2019 2020 2021 2022 2023 2024 2025 2026 True interest cost: % Year Interest Rate 2027 % 2028 2029 2030 2031 2032 2033 2034 2035 2036 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 Page 9 of 19 Construction Fund hereinafter created, as determined by the Finance Director in consultation with the Cry'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 Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2015, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. 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. 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 govermnental 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 Re iiAu. 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 Page l I 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 in EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Library Bonds, Series 2015A Debt Service Fund (the "Debt Service Fund ") hereby created. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Finance Director shall timely deposit in the Debt Service Fund the ad valorem taxes hereinafter levied (the "Taxes "), which are pledged to the Debt Service Fund. There is also appropriated to the Debt Service Fund (i) any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof, and (ii) capitalized interest financed from Bond proceeds, if any. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01 hereof and costs of issuance paid pursuant to Section 5.04, together with any other funds appropriated for the Project, will be deposited in a separate fund of the City (the "Construction Fund "). Amounts in the Construction Fund will be disbursed solely to pay costs of the Project and costs of issuance of the Bonds to the extent not paid pursuant to Section 5.04. Any balance remaining in the Construction Fund after 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 Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.04. Pledgee 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. 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- EntrySystem; 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 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. 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 frill 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 42 "tlAvenue. 4151Avenue, 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 4 "' Street, 40" Avenue to 42"' Avenue 41 Avenue, Central Avenue to cul -de -sac Page 16 of 19 State Aid 44" Avenue, Tyler Place (east) to Reservoir Boulevard Reservoir Boulevard, 44 "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 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 Oeeembef 31�2�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 I 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 system capacity or bandwidth and other processing characteristics) that produces a signal as accessible functional useable and of a quality comparable Page 18of19 (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 modif iy is equipment or pricing policies in any manner. City acknowledges that not every customer may be able to view HD PEG programming (for example because they don't have an HDTV in their home or have chosen not to take an HD capable receiving device from Grantee or other equipment provider) or on every TV in the home. (12) Grantee will provide a bill message announcing the launch of the HD PEG channel; however the City acknowledges that not all customers may receive the bill message notice in advance of the channel launch in the interests of launching the channel sooner. 13) Grantee will make available to the City the ability to place_PEG channel programming information on the interactive channel igu 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 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. 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" 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 9"' day of February 2015.