HomeMy WebLinkAboutApril 27, 1987OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
APRIL 27, 1987
The meeting was called to order by Mayor Nawrocki at 7:30 p.m..
1. Roll Call
Paulson, Petkoff, Carlson, Peterson, Nawrocki - present
2. Invocation
The Invocation was.offered by Pastor William Otte of St. Matthew Lutheran
Church.
3. Consent Agenda
The following items were on the consent agenda:
a. Minutes for Approval
The minutes of the Regular Council Meeting of April 13, 1987 were approved
and the reading was dispensed with.
b. Resolution No. 87-35; Being a Resolution Indemnifying the State of Minnesota
From Certain Claims Arising From the 37th Avenue N.E. Design Variance
RESOLUTION NO. 87-35
BEING A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM CERTAIN CLAIMS
ARISING FROM THE 37TH AVENUE N.E. DESIGN VARIANCE
BE IT RESOLVED by the City of Columbia Heights:
That the City shall indemnify, save and hold harmless the State of Minnesota
and all its agents and its employees of any and all claims, demands, actions
or causes of actions of any nature arising out of or by reason of, in any
manner, the reconstruction of 37th Avenue N.E. (M.S.A.S. lO1) from Central
Avenue N.E. to Stinson Boulevard N.E. in any other manner than as a 46' wide
street no parking in accordance with Minnesota Rule 8820.9919 and further
agrees to defend at their sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim whatsoever character
arising as a result of the granting of this variance.
Passed this 27th day of April, 1987.
Offered by: Paulson
Seconded by: Peterson
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
c. Request to Cons~m.e Non-lntoxic~tin.g Malt Liquor - NEI
The Council authorized the consumption of non-intoxicating malt liquor by
Northwestern Electronics Institute for a picnic scheduled for June 19th
from 9:00 a.m. to 6:00 p.m. at Huset Park, based upon the recommendation
of the Park Board.
d. Change Order for Matharire Parking. Lot
The Council appropriated '$1'1,150 from the General Fund Undesignated Fund
Regular Council Meeting
A~ril 27, 1987
page 2
Balance to the General Fund Park Department, Structures and Other Improvements;
and, furthermore, to authorize the Mayor and City Manager to execute State of
Minnesota Department of Transportation Change Order #8516-1 in an amount of
$9,758.25 with Bituminous Roadways, Inc.
e. Authorization to Seek Bids on Miscellaneous Concrete Work
The Council authorized the City Manager to seek bids for the 1987 miscellaneous
concrete work.
f. Authorize Sale, Salvage, or Disposal of Surplus City Property
The City Council authorized the sale, salvage, or disposal of a 1964 Toro
tractor including six gang mowers and one 7' Mars broom.
9' Authorization to Expend Monies for the 1987 Employee Picnic and Christmas
Party
The City Council authorized the expenditure of up to $1,750 for the 1987
employee Christmas party and employee picnic.
Approval of Consent Agenda
Motion by Paulson, second by Peterson to approve the consent agenda. Roll call:
All ayes
Oral Petitions
Verg Muller of Muller Engineering advised the Council of Anoka County's proposed
work for Highland Lake in Kordiak Park. A consultant retained by the County for
this project explained that the project is for controlling the algae and weed
growth in the Lake and will be installing a bubble aeration system to improve
the water quality. This project will continue for three years and will be funded
by Anoka County. This project must be approved by the Six Cities Water Management
Organization and Mr. Muller advised the Council he presently is seeking this ap-
proval. Mayor Nawrocki inquired if the residents whose property is near the Lake
have been advised of this project. Mr. Muller stated they had not but this was
planned for the near future.
Proclamation
Mayor Nawrocki proclaimed May as Arbor Month and reflected on the benefit of
trees in our community.
Public Hearing - Installation of an Alley Light
A petition has been received from residents in the area to install one 100 watt
high pressure sodium light in the alley between Upland Crest and Stinson Boulevard
north of Ivanhoe Place. The City Manager reviewed the project and identified those
properties to be assessed. Two letter were received in opposition to this project.
Both of the letter writers were in attendance at the hearing. They reside at
4726 Stinson Boulevard and 4721 Upland Crest. Mayor Nawrockl inquired what the
benefit would be to these two parcels. The City Manager stated that the light
would add security. Both residents disagreed with this and felt they were too
distant from the lights to be benefitted. The City Manager noted that the light
distribution from the proposed location is 150 feet. The Mayor observed that the
location chosen for the light is one which would benefit most of those who signed
the petition. Councilmember Carlson suggested that the light be moved down one
lot and install it even if a pole must be installed. The Public Works Director
stated that the installation of a pole costs approximately $900. Councilmember
Peterson requested an alternative be suggested by the staff which would eliminate
these two properties. The resolution ordering improvements was amended to include
Regular ~ouncil ~eeting
April 27, 1987
page 3
the properties at 4726 Stinson Boulevard and 4721 Upland Crest be eliminated
from the list presented by the City Manager of benefitting property owners
and their addresses. The benefitted alley feet was reduced, the estimated cost
per foot was increased and the estimated parcel charge was amended.
Motion by Petkoff, second by Carlson to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 87-33
BEING A RESOLUTION ORDERING IMPROVEMENTS
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights:
WHEREAS, the City Council of the City of Columbia Heights by motion on the 23rd
day of March, 1987, ordered notice of a hearing to be given to property owners,
and
WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council
meeting on the 27th day of April, 1987, and
WHEREAS, the Council determines to proceed with this local improvement, a
portion of the cost being defrayed by special assessments under Charter pro-
visions
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. That the location and extent of such improvement is as follows:
The installation of one (1) 100 watt high pressure sodium light in
the alley between Upland Crest and Stlnson Boulevard N.E., north of
Ivanhoe Place
2. That the materials to be used are as follows:
N.S.P. poles, electrical illuminares, and miscellaneous materials
3. That a careful estimate of the cost of the improvements has been made
by the City Manager and the several lots and parcels of land fronting
upon and adjacent to such proposed improvements, which be deemed
benefitted thereby, were properly notified of said hearings.
4. That the City Manager presented a list of property owners and their
addresses who would be benefitted by this project and removed the
properties located at 4721 Upland Crest and 4726 Stinson Boulevard
N.E.
5. These improvements shall be known as Project #8710 - P.I.R. #677 - Area 19.
Passed tbis 27th day of April, 1987.
Offered by: Petkoff
Seconded by: Peterson
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
Regular Council ~eeting
April 27, 1987
page 4
Resolution Levying an Improvement for the Installation of Alley Light
Motion by Petkoff, second by Peterson to waive the reading of the resolution
there being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 87-34
Adopting assessment roll for the following local improvement and determining
said improvement will be made and ratifying and confirming all other proceedings,
h~retofore had: Special Assessment for midblock alley lighting numbered 677-
Area 19.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at
7:30 p.m. on the 27th day of April, 1987, in the City Council Chambers, 590
40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set
when and where all persons interested could appear and be heard by the Council
with respect to benefits, and to the proportion of the cost of making the local
improvement above described, a notice of such hearing having been heretofore
duly published as required by law, and a notice mailed to each property owner
of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated the cost of such local improve-
ment and has prepared an assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVED:
Section 1:
That this Council does hereby adopt the aforesaid assessment roll
known and described as "Assessment Roll for Local Improvements"
numbered 677 - A~ea 19 for midblock alley lighting.
Section 2:
That this Council hereby finds and determines that each of the
lots and parcels of land encumbered in said assessment roll was
and is especially benefitted by such improvements. This Council
further finds and determines that the proper proportion of the
cost of such improvement to be especially assessed against each
lot or parcel of land is the amount as billed annually by Northern
States Power plus an administration fee.
Section 3:
That the annual installment shall be paid in full without interest
on or before September 15, 1988, and in annual installments there~
after, as long as the midblock light is in place. Failure to pay
the annual installment renders the same delinquent and thereafter
a 10% penalty is added and the said delinquent special assessment
is certified to the County for collection with the real estate tax.
Section 4:
That this Council did hereby determine and redetermine to proceed
with said improvement, does ratify and confirm all other proceedings
heretofore had in regard to this improvement, and said improvement
shall hereafter be known and numbered 677 - Area 19 for midbloock
alley lighting.
Section 5: This resolution shall take effect immediately upon its passage.
Passed this 27th day of April, 1987.
Regular Council Meeting
April 27, 1987
page 5
Offered by: Carlson
Seconded by: Petkoff
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
Second Reading of Ordinance No. 1144; Authorizing Issuance of Bonds to Refinance
Tax Increment Financing General Obligation Bonds
The bond counsel advised the Council that the valuation of the tax increment
district has gone down so about one third of the savings anticipated has been
lost. It was stated that the City will incur no costs from either Miller &
Schroeder nor Holmes & Graven if the bond sale does not go through.
Motion by Paulson, second by Peterson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: A!1 ayes
ORDINANCE NO. 1144
AUTHORIZING ISSUANCE OF $9,1OC ,0OO GENERAL OBLIGATION TAX INCREMENT REFUNDING
BONDS OF 1987, SERIES A
The City of Columbia Heights does ordain:
1. Bond Purpose and Authorization Sale.
a. Pursuant to the provisions of Minnesota Statutes, Chapter 475, the City of
Columbia Heights (the "City") is authorized to issue bonds for the purpose of
refunding its existing general obligation indebtedness prior to maturity when
determined by the City to be necessary or desirable for the reduction of debt
service cost to the City.
b. The City has heretofore issued its $2,1OO,0OO General Obligation Tax Incre-
ment Bonds of 1985, Series A and the $8,175,O00 General Obligation Tax Increment
Bonds of 1981 (the "Prior Issue Bonds").
c. It is hereby found, determined and declared that the refunding of the Prior
Issue Bonds in advance of the maturity of such bonds is necessary and desirable
to reduce the debt service cost for such bonds to the City and that the City
should issue, and the City hereby authorizes and directs the issuance and sale
of, its General Obligation Tax Increment Refunding Bonds of 1987, Series A in
the principal amount of $9,100,0OO (or such different principal amount as is
determined in accordance with the Official Terms of Offering attached hereto
as Exhibit A), (the "Refunding Bonds").
2. Sale. This City Council (the "Council") shall meet at the time and place
specified in the forms of Official Notice of Bond Sale for the Bonds attached
hereto as Exhibit B for the purpose of opening ~nd considering sealed bids
for, and awarding the sale of the Refunding Bonds.
3. Notice of Bond Sale. The Council her~y authorized and directs the City Mana-
ger or his designee to cause to be published the notice of advertisement for sealed
bids for the Refunding Bonds in the official newspaper of the City, and in Com-
mercial West, at Minneapolis, Minnesota, in substantially the form attached hereto
as Exhibit B. Each and all of the terms and provisions set forth in such notices
are adopted and confirmed as the terms and conditions of the Refunding Bonds
and the sale thereof.
Regular Council Meeting
April 27, 1987
page 6
4. Official Terms of Offering. The Official Terms of Offering of the Bonds in
substantially the form attached hereto as Exhibit A shall constitute the terms
and conditions of the sale of the Refunding Bonds, and the Council hereby autho-
ri'zes the incorporation of such terms and conditions in the material to be
distributed to prospective bidders for the Refunding Bonds.
5. Information and bidding forms may be obtained from the undersigned or from
Miller & Schroeder Financial, Inc., 7900 Xerxes Avenue South, Minneapolis,
Minnesota 55440; telephone: 612-831-1500, financial consultants to the City.
6. This ordinance shall be in full force and effect from and after 30 days after
its passage.
First Reading:
Second Reading:
Offered By:
Seconded By:
Roll Call:
Date of Passage:
April 13, 1987
April 27, 1987
Carlson
Peterson
All ayes
April 27, 1987
Mayor Bruce G. Nawrocki
Jo-Anne Student, Council Secretary
Second Reading of Ordinance No..1148; Authorizing Issuance of Bonds to Refinance
Tax Increment Financing General Obligation Bonds
Motion by Paulson, second by Carlson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1148
AUTHORIZING ISSUANCE OF $2,230,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT
BONDS OF 1987, SERIES A
The City of Columbia Heights does ordain:
1. Bond Purpose and Authorization Sale.
a. Pursuant to the provisions of Minnesota Statutes, Chapter 475, the City of
Columbia Heights (the "City") is authorized to issue bonds for the purpose of
refunding its existing general obligation indebtedness prior to maturity when
determined by the City to be necessary or desirable for the reduction of debt
service cost to the City.
b. The City has heretofore issued its $2,460,000 General Obligation Refunding
Bonds of 1985, Series B (the "Prior Issue").
c. It is hereby found, determined and declared that the refunding of the Prior
Issue is necessary and desirable to reduce the debt service cost for such bonds
to the City and that the City should issue, and the City hereby authorizes and
directs the issuance and sale of, its General Obligation Refunding Improvement
Bonds of 1987, Series A in the principal amount of $2,230,000, (the "Refunding
Bonds").
Regular Council Meeting
April 27, 1987
page 7
2. Sale. This City Council (the "Council") shall meet at the time and place
specified in the forms of Official Notice of Bond Sale for the Bonds attached
hereto as Exhibit B for the purpose of opening and considering sealed bids for,
and award the sale of the Refunding Bonds.
3. Notice of Bond Sale. The Council hereby authorizes and directs the City
Manager or his designee to cause to be published the notice of advertisement
for sealed bids for the Refunding Bonds in the official newspaper of the City,
and in Commercial West, at Minnepolis, Hinnesota, in substantially the form
attached hereto as Exhibit B. Each and all of the terms and provisions set
forth in such notices are adopted and confirmed as the terms and conditions
of the Bonds and the sale thereof.
4. Official Terms of Offering. The Official Terms of Offering of the Bonds in
substantially the form attached hereto as Exhibit A shall constitute the terms
and conditions for the sale of the Refunding Bonds, and the Council hereby
authorizes the incorporation of such terms and conditions in the material to
be distribured to prospective bidders for the Refunding Bonds.
5. Information and bidding forms may be obtained from the undersigned or from
Miller & Schroeder Financial, Inc., 7900 Xerxes Avenue South, Minneapolis, Min-
nesota 55440; telephone: 612-831-1500, financial consultants to the City.
6. This ordinance shall be in full force and effect from and after 30 days
after its passage.
First Reading:
Second Reading:
Offered By:
Seconded By:
Roll Call:
Date of Passage:
April 13, 1987
April 27, 1987
Carlson
Paulson
All ayes
April 27, 1987
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
Update on Single Family Mortgagp ~venue Bond Issue
The bond counsel advised the Council that he hopes to lock into a 8½% interest
rate tomorrow on this bond issue. Previously, the Council had authorized the
interest rate to be set at a high of 8 3/8%. The Council was also advised that
the entire ten million dollars for this bond issue was secured. The HRA's Com-
munity Development Director advised the Council as to who the originators were.
He noted that four million dollars of this issue is being set aside for Rottlund
Builders who is proposing to develop an area around Sullivan Lake.
Motion by Petkoff, second by Paulson that if the mortgage rate to be approved by
the program is greater than 8½% then consent of the City Council is required.
Roll call: All ayes
Second Reading of Ordinance No. 1146; Regarding Suburban Rate Authority Uniform
Electric Franchise
Motion by Carlson, second by Peterson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
Regular Council Meeting
April 27, 1987
page 8
ORDINANCE NO. 1146
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, GRANTING TO
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION
LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE
FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND
TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES
The City of Columbia Heights does ordain:
Section 1:
Chapter 12, Article II of Ordinance No. 853, City Code of 1977,
passed June 21, 1977, which is currently reserved, shall here-
after read as follows:
Article II SRA Uniform Electric Franchise (NSP)
Section l: DEFINITIONS
12.201
12.201 (1)
The following terms shall mean:
"City" in this Article, "City" means the City of Columbia Heights,
located in the County of Anoka, State of Minnesota.
12.201(2)
12.201 (3)
i2.201 (4)
12.201(5)
"City Utility System" means the facilities used for providing sewer,
water, or any other public utility service owned or operated by City
or agency thereof.
"Company" means Northern States Power Company, a Minnesota cor-
poration, its successors and assigns.
"Notice" means a writing served by any party or parties on any.other
party or parties. Notice to Company shall be mailed to the Division
General Manager thereof at 4501 68th Avenue N., Brooklyn Center, Mn.
55429. Notice to City shall be mailed to the City Clerk.
"Public Way" means any street, alley, or other public right-of-way
within the City.
12.201 (6)
12.201 (7)
"Public Ground'l means land owned by the City for park, open space or
similar purpose, which is held for use in common by the public.
"Electric Facilities" means electric transmission and distribution
towers, poles, lines, guys, anchors, ducts, fixtures, and necessary
appurtenances owned or operated by the Company for the purpose of
providing electric energy for public use.
Section 2: FRANCHISES
]2.202(1)
Grant of Franchise. City hereby grants Company, for a period of
twenty years from April 1, 1987, the right to transmit and furnish
electric energy for light, heat, power and other purposes for public
and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For
Regular Council Meeting
April 27, 1987
page 9
12.202(2)
12.202(3)
12.202(4)
12.202(5)
Section 3:
12.203(1)
12.203(2)
these purposes, Company may construct, operate, repair and
maintain Electric Facilities in, on, over, under and across
the Public Ways and Public Grounds of City subject to the
provisions of this Ordinance. Company may do all reasonable
things necessary or customary to accomplish these purposes,
subject, however, to zoning ordinances, other applicable ordi-
nances, permit procedures, and to the further provisions of
this franchise.
Effective Date; Written Acceptance. This f~anchlse shall be in
full force and effect from and after the completion of all three
of the following events, to wit:
(al 30 days from and after the passage of this Ordinance.
(bi Acceptance in writing by Company within 30 days after the
passage of this Ordinance; and
(c) This Ordinance has been published once per week for four
consecutive weeks in the official newspaper of the City.
Service Rates and Area. The service to be provided and the rates to
be charged by Company for electric service in City currently are
subject to the jurisdiction of the Minnesota Public Utilities
Commission. The area within the City in which the Company may pro-
vide electric service currently is subject to the provisions of
ltinnesota Statutes, Section 2169.40.
Publication Expense. The expense of publication of this Ordinance
shall be paid by the Company.
Default. If either party asserts that the other party is in default
in the performance of any obligation hereunder, the complaining
party shall notify the other party of the default and the desired
remedy. The notification shall be written. If the dispute is not
resolved within 30 days of the written notice, either party may com-
mence an action in District Court to interpret and enforce this
franchise or for such other relief as may be permitted by law or
equity for breach of contract, or either party may take any other
action permitted by law.
Location Other Regulations
Location of Facilities. Electric Facilities shall be located and
constructed so as not to interfere with the safety and convenience
of ordinary travel along and over Public Ways and they shall be
located on Public Grounds as determined by the City. The Company's
construction, reconstruction, operation, repair, maintenance and
location of Electric Facilities shall be subject to other reasonable
regulations of the City.
Field Locations. The Company shall provide field locations for any
of its underground Electric Facilities within a reasonable period of
time on request by the City. The period of time will be considered
reasonable if it compares favorably with the average time required
by the cities in the same county to locate municipal underground
Regular Council Meeting
April 27, 1987
page 10
12.203(3)
12.203(4)
12.203(5)
Section /4:
12.204(1)
facilities for the Company.
Street Openings. The Company shall not open or disturb the paved
surface of any Public Way or Publlc Ground for any purpose without
first having obtained permission from the City, for which the City
may impose a reasonable fee. Permit conditions imposed on the
Company shall not be more burdensome than those imposed on other
utilities for similar facilities or work. This Company may, however,
open and disturb the paved surface of any public Way or Public
Ground without permission from the City where an emergency exists
requiring the immediate repair of Electric Facilities. In such
event the Company shall notify the City by telephone to the office
designated by the City before opening or disturbing a paved sur-
face of a Public Way or Public Ground. Not later than the second
working day thereafter, the Company shall obtain any required per-
mits and pay any required fees.
Restoration. After undertaking any work requiring the opening of
any Public Way or Public Ground, the Comapny shall restore the same
including paving and its foundation, to as good condition as for-
merly existed, and shall maintain the same in good condition for two
years thereafter. The work shall be completed as promptly as
weather permits, and if the Company shall not promptly perform
and complete the work, remove all dirt, rubbish, equipment and
material, and put the Public Way or Public Ground in the said
condition, the City shall have, after demand to the Company to
cure and the passage of a reasonable time following the demand,
but not to exceed five days, the right to make the restoration
at the expense of the Company. The Company shall pay to the City
the cost of such work done for or performed by the City, Including
its administrative expense and overhead, plus ten percent additlonal
as liquidated damages. This remedy shall be in addition to any
other remedy available to the City.
Shared Use of Poles. The Company shall make space available on its
poles or towers for City fire, water utility, police or other City
facilities whenever such use will not interfere with the use of
such poles or towers by the Company, by another electric utility,
by a telephone utility, or by any cable television company or other
form of communication company. In addition, the City shall pay for
any added cost incurred by the Company because of such use by the
City.
RELOCATIONS
Relocation of Electric Facilities in Public Ways. Except as pro-
vided in Section 12.204(3), if the City determines to vacate for a
City improvement project, or to grade, regrade, or change the line
of any Public Way, or construct or reconstruct any City Utility
System in any Public Way, it may order the Company to relocate, its
Electric Facilities located therein. The Company shall relocate its
Electric Facilities at its own expense. The City shall give the
Company reasonable notice of plans to vacate for a City improvement
project, or to grade, regrade, or change the line of any Public
Regular Council Meeting
April 27, 1987
page 11
12.204(2)
12.204(3)
12.204(4)
Section 5:
12.205
Way or to construct or reconstruct any City Utility System. If a re-
location is ordered within five years of a prior relocation of the
same Electrical Facilities, which was made at Company expense, the
City shall reimburse Company for non-betterment expenses on a time
and material basis, provided that if a subsequent relocation is
required because Of the extension of a City Utility System to a
previously served area, Company may be required to make the sub-
sequent r~location at its expense. Nothing in this Ordinance requires
Company to relocate, remove, replace or reconnect at its own expense
its facilities where such relocation, removal, replacement or recon-
struction is solely for the convenience of'the City and is not
reasonably necessary for the construction or reconstruction of a
Public Way of City Utility System or other City Improvement.
Relocation of Electric Facilities in Public Ground. Except as may
be provided in Section 12.~'04(3), City may require the Company to
relocate or remove its Electrical Facilities from Public Ground upon
a finding by the City that the Electric Facilities have become or will
become a substantial impairment of the public use to which the
Public Ground is or will be put. The relocation or removal shall be
at the Company's expense. The provisions of 12.204(3) apply only to
Electric Facilities constructed in reliance on a franchise and the
Company does not waive its rights under an easement or prescriptive
right.
Projects with State or Federal Funding. Relocation, removal, or
rearrangement of any Company facilities made necessary because of
the extension into or through City of a federally-aided highway pro-
ject shall be governed by the provisions of Minnesota Statutes,
Section 161.46 as supplemented or amended. It is understood that
the right herein granted to Company is a valuable right. City shall
not order Company to remove, or relocate its facilities when a
Public Way is vacated, improved or realigned because of a renewal of
a redevelopment plan which is financially subsidized in whole or in
part by the Federal Government or any agency thereof, unless the
reasonable non-betterment costs of such relocation and the loss and
expense resulting therefrom are first paid to Company, but the City
need not pay those portions of such for which reimbursement to it is
not available.
Liability. Nothing in the Ordinance relieves any person from
liability arising out of the failure to exercise reasonable care
to avoid damaging Electric Facilities while performing any activity.
TREE TRIMMING
The Company may trim all trees and shrubs in the Public Ways and
Public Grounds of City interfering with the proper construction,
operation, repair and maintenance of any Electric Facilities
installed hereunder, provided that the Company shall save the City
harmless from any liability arising therefrom, and subject to permit
or other reasonable regulation by the City.
Section 6: INDEMNIFICATION
Regular Council Meeting
April 27, 1987
page 12
12.206(1)
12.206(2)
Section 7:
12.207
Section 8:
12.208
Section 9:
12.209(1)
The Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to
persons or damage to property occasioned by the construction,
maintenance, repair, inspection, the issuance of permi.ts, or
the operation of the Electric Facilities located in the City.
The City shall not be indemnified for losses or claims occasioned
through its own negligence except for losses or claims arising
our of or alleging the City's negligence as to the issuance of
permits for, or inspection or, the Company's plans or work.
The City shall not be indemnified if the injury or damage results
from the performance in a proper manner of acts reasonably
deemed hazardous by Company, and such performance is nevertheless
ordered or directed by City after notice of Company's determination.
In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, the Company at its sole
cost and expense shall defend the City in such suit if written
notice thereof if promptly given to the Company within a period
where in the Company is not prejudiced by lack of such notice.
If the Company is required to indemnify and defend, it will there-
after have control of such litigation, but the Company may not
settle such litigation without the consent of the City, which
consent shall not be unreasonably withheld. This section is not,
as to third parties, a waiver of any defense or .immunity other-
wise available to the City; and the Company to assert in any
action every defense or immunity that the City could assert in
its own behalf.
VACATION OF PUBLIC WAYS
The City shall give the Company at least two weeks' prior written
notice of a proposed vacation of a Public Way. Except where
required for a City street or other improvement project, the vaca-
tion of any Public Way, after the installation of Electric Facilities
shall not operate to deprive Company of its rights to operate and
maintain such Electrical Facilities, until the reasonable cost of
relocating the same and the loss and expense resulting from such
relocation are first paid to Company. In no case, however, shall
City be liable to the Company for failure to specifically pre-
serve a right-of-way, under Minnesota Statutes, Section 160.29.
CHANGE IN FORM OF GOVERNMENT
Any change in the form of government of the City shall not affect
the validity of this Ordinance. Any governmental unit succeeding
the City shall, without the consent of the Company, succeed to all
of the rights and obligations of the City provided in this Ordi-
nance.
FRANCHISE FEE
Separate Ordinance. During the term of the franchise hereby
granted, and in lieu of any permit or other fees being imposed on
the Company, the City may impose on the Company a franchise fee
of not.more than five percent of the Company's gross revenues as
Regular Council Meeting
April 27, ]987
page 13
12.209(2)
12.209(3)
12,209(4)
Section 10:
hereinafter defined. The franchise fee shall be imposed by a
separate ordinance duly adopted by the City Council, which ordinance
shall not be adopted until at least 60 days after written notice
enclosing such proposed ordinance has been served upon the Company
by certified mail. The fee shall not become effective~ntiJ at
least 60 days after written notice enclosing such adopted ordinance
has been served upon the Company by certified maiJ.
Terms Defined. The term "gross revenues" means a11 sums, excluding
any surcharge or similar addition to the Company's charges to custo-
mers for the purpose of reimbursing the ComPany for the cost resulting
from the franchise fee, received by the Company from the sale of
electricity to its retail customers within the corporate limits of
the City.
Collection of the Fee. The franchise fee shall be payable not less
often than quarterly, and shall be based on the gross revenues of
the Company during complete billing months during the period for
which payment is to be made. The percent fee may be changed by
ordinance time to time; however, each change shall meet the same
notice requirements and the percentage may not be charged more
often than annually, Such fee shall not exceed any amount which
the Company may legally charge to its customers prior to payment
to the City by imposing a surcharge equivalent to such fee in its
rate for electric service, The Company may pay the City the fee
based upon the surcharge billed subject to subsequent reductions
to account for uncollectibles or customer refunds. The time and
manner of collecting the franchise fee is subject to the approval
of the Public Utilities Commission, which the Company agrees to
use best efforts to obtain, The Company agrees to make its gross
revenues records available for inspection by the City at reasonable
times.
Conditions of the Fee. The separate ordinance imposing the fee
shall not be effective against the Company unless it lawfully
imposes and the City quarterly or more often collects a fee or
tax of the same or greater percentage on the receipts from sales
of energy within the City by any other energy supplier, provided
that, as to such a supplier, the City has the authority to require
a franchise fee or to impose a tax. The franchise fee or tax shall
be applicable to energy sales for any energy use related to heating,
cooling, or lighting, as well as to the supply of energy needed to
run machinery and appliances on premises located within or adjacent
to the City, but shall not apply to energy sales for the purpose
of providing fuel Eot vehicles.
SEV EI~AB I L ITY
Section 11:
If any portion of this franchise is found to be invalid for any
reason whatsoever, the validity of the remainder shall not be affected.
AMENDMENT
12.211
This Ordinance may be amended at any time by the City passing a sub-
'sequent ordinance declaring the provisions of the amendment, which
Regular Council Meeting
April 27, 1987
page 14
Section 12:
amendatory ordinance shall become effective upon filing of the
Company's written consent thereto with the City Clerk within 30
days after the effective date of the mandatory ordinance.
PREVIOUS FRANCHISES SUPERSEDED
12.212
This franchise supersedes any previous electric franchise granted
to the Company or its predecessor.
Section 13: CHARTER REQUIREMENTS
12.213(I)
12.213(2)
Except for matters currently subject to the regulation of the
Minnesota Public Utilities Commission as referred to in [12.202(3),
the Company shall be subject to and will perform on its part
all the terms of Sections 94 to 102, inclusive, of the Charter of
the City and the provisions of this Section 13.
That the Company shall not issue any capital stock on account of
the franchise or the value thereof, and that the Company shall have
no right to receive, upon condemnation proceedings brought by the
City to acquire the public utility exercising such franchise, any
return on account of the franchise or its value.
12.213(3)
12.213(4)
12.213(5)
That no sale or lease of said franchise shall be active until the
assignee or leasee shall have filed in the office of the City Clerk
an instrument, duly executed, reciting the fact of such sale or
lease, accepting the terms of the franchise, and agreeing to perform
all the conditions required of the Company thereunder.
That every grant in said franchise contained of permission for the
erection of poles, masts, or other fixtures in the streets and for
the attachment of wires thereto, o~ for the laying of tracks in, or
of pipes or conduits, under places Of any permanent or semi-
permanent fixtures whatsoever, shall be subject to the condition
that the Council shall have the power to require such alteratI~ons
therein, or relocation or rerouting thereof, as the Council may at
any time deem necessary for health, or convenience of the public,
and particularly that it shall have the power to require the removal
of poles, masts and other fixtures bearing wires and the placing
underground of poles, masts, and of other fixtures bearing wires and
the placing underground of all wires for whatsoever purpose used.
This franchise and every extension of renewal thereof must be
accepted in writing by the Company within 30 days after its passage
by the Council and before its submission to a vote of the people in
case of a referendum. This franchise shall not be binding upon the
City until its acceptance by the Company. Such acceptance shall be
construed to be an acceptance of and consent to all the terms, con-
ditions, and limitations contained in this ordinance granting the
franchise as well as the provisions of the Charter of the City of
Columbia Heights.
Section 2:
This Ordinance shall be in full force and effect from and after
thirty (30) days after its passage. The franchise shall be in full
force and effect as been heretofore provided in this Ordinance.
Regular Council Meeting
April 27, 1987
page 15
First reading:
Second reading:
Date of passage:
April 13, 1987
April 27, 1987
April 27, 1987
Offered by: Carlson
Seconded by: Peterson
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
First Reading of Ordinance No. 1145; Amending City Chart~.r Regarding Elections
Motion by Petkoff, second by Carlson to table this matter for additional infor-
mation. Roll call: All ayes
Communications
Traffic Commission
The Council received the minutes of the April 6, 1987 Traffic Commission meeting.
No Council action was required.
North Suburban Consumer Advocates for the Handicapped, Inc.
A letter was received from NSCAH regarding the City's representatives to this
organization as well as annual dues. The Mayor noted that the Council makes
recommendations for appointment to the organization and does not make the ap-
pointments. Doug Hill, who represents the City of Columbia Heights, advised the
Council that another person will also be representing the City as well as himself.
Motion by Petkoff, second by Paulson to authorize the individual membership fee
for Doug Hill in the amount of $12.00 to NSCAH in that Doug Hill represents the
City on this body. Roll call: All ayes
Old Business
Final Payment to Electrical Contractor - Murzyn Hall
It was noted that the contractor has completed all of the items on the punchllst
involving electrical work in Murzyn Hall. A discussion was had regarding work done
by the electrical contractor which was in addition to the contracted work. The
Mayor. felt that perhaps this payment should not be made until this matter was
cleared up. He also noted that the bases on the lamps in the parking lot were
not secure.
Motion by Peterson, second by Carlson that the City make final payment to Hayes
Contractors, Inc. of $10,616.20 for Project #8408. Roll call: All ayes
City Hall Heating/Cooling System
Mayor Nawrocki requested a progress report on this matter. The City Manager advised
that the Building Inspector would have a report on this the end of the week.
Clean Up at 544 Summit Street
The Mayor inquired as to the progress on this matter. He was advised that a
contract had been let to repair the building and much of the work has already
been done. It was also noted that exterior holes in the building have been
repaired and the bu.iiding will be exterminated.
Garage at 4243 Pierce Street
The garage at this location is not yet built. The Mayor was advised that the
Building Inspector is working with the property owner on this matter.
Participation of the City of Fridley in Sealcoating Project
Mayor Nawrocki advised that the Fridley City Council has reassessed its position
on participating in the sealcoating of border streets and will participate.
Regular Council Meeting
April 27, 1987
page 16
New Business
Authorize Advertisin9 for Liquor Operations
Motion by Petkoff, second by Paulson to authorize the Mayor and City Manager
to enter into a contract with the Twin Cities' Reader to. expend up to $3,600
for nine advertisements to start on May 13, 1987 and run bi-weekly through
September 2, 1987. Roll call: All ayes
Reduction of Retains.ge from 10% to 5% for Antco Construction
State law requires governmental entities to reduce the retainage on any con-
struction project to 5% after 90% of the work has been completed. Over 90% of
the Murzyn Hall project is completed. Presently, the contract with the general
contractor requires that 10% retainage. If this amount were not reduced the
City would be required to pay interest on the amount above 5%. This amount is
on the list of bills for this meeting. No Council action was taken.
Electrical Wiring Problems. at Wadis. Pools
The City's Electrical Inspector advised the City Manager of a problem with the
wiring at the wading pool at Huset Park. Upon inspection it was observed that
all three wading pools in the City are wired in the same way.
Motion by Paterson, second by Petkoff to appropriate $3,000 from the General
Fund - Undesignated Fund Balance to the General Fund - Park Department -
Contractual Maintenance and Repair; and furthermore, to authorize the City
Manager to seek quotations for the work. Roll call: Ail ayes
Authorize Execution of MaSys Software Agreement - Public Safety Data Pro-
cessing System
Motion by Paulson, second by Paterson to authorize the Mayor and City Manager
to execute a software agreement with MaSys Corporation for the "ENFORS" - law
enforcement systems at a purchase price of $19,225; and, at a monthly support
cost of $210. Roll call: All ayes
Authorize Execution of a Contract for Week Inspection
Motion by Petkoff, second by Paulson to authorize the Mayor and City Manager
to execute a contract with Mr. Walter Logacz for weed inspection at a cost
not to exceed $2,400. It was noted that this is a year's contract but that
the compensation will be made during the summer months. Roll call: All ayes
PCA Meeting - Groundwater Contamination
Mayor Nawrockl noted he had recently attended a PCA meeting regarding ground-
water contamination. He requested that the Public Works Director continue the
monitoring of the groundwater in the City as has been the practice. The Public
Works Director also noted he had contacted an hydrologist at the PCA regarding
this matter as well.
Preliminary Financial Report
The Council has received copies of the Preliminary Financial Report and the Clty
Manager will be meeting with the auditor next week.
City Surplus Item Auction
The total funds realized from this auC[|on were not available but it. was noted that
the total of registered bidders was very high.
Maintenance Standards for Rental Properties
At a Council work session the present ordinance regulations presently being used
in the City will be reviewed as will as practices of other communities.
Regular Councll Meeting
April 27, 1987
page 17
Reports
a. Report of the City Manager
The City Manager's report was submitted in written form and the following items
were discussed:
a. Use of City Bus by St. Timothy's Church: A letter of appreciation for the
use of the City bus and a donation to offset fuel and maintenance costs was
received from St. Timothy's Lutheran Church.
b. John P. Murzyn Hall Report: The expenditures and budget for this project
were reviewed. Mayor Nawrocki and Councilmember Petkoff had questions regarding
the legal fees in the report. The City Attorney explained what the fees were
for. It was felt these fees should have been in the City's budget which addressed
legal fees and not be charged to the Murzyn Hall project.
b. Report of the City Attorney
The City Manager advised the Council that the questionable material on the property
at 514 Summit Street had been removed. The Mayor stated he was in receipt of the
contract for Police and Emergency Services for the City of Hilltop.
Licenses
Motion by Petkoff, second by Peterson to approve the licenses as listed upon
payment of proper fees and that the fee for the food concession at Silver Lake
Beach be waived. Roll call: All ayes
Payment of Bills
Motion by Peterson, second by Carlson to pay the bills as listed out of proper
funds. Roll call: All ayes
Adjournment
Motion by Carlson, second by Peterson to adjourn the meeting at 11:10 p.m.. Roll
call: All ayes
/o- nne Stu ent, Counci Secr'e'tary