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HomeMy WebLinkAboutOctober 22, 1990OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 22, 1990 The meeting was called to order by Mayor Carlson at 7:05 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved by the Council from the Consent Agenda: Minutes for Approval The Council approved the minutes of the Regular Council Meeting of October 8th and the Board of Trustees - Volunteer Relief'Association Meeting of October 8th as presented and there were no corrections. First Reading of Ordinance No. 1207; Amending Ordinance No. 1198 This ordinance corrects Ordinance No. 1198 which mistakenly rezoned part of Block 68 rather than Block 65. The reading of the ordinance was waived there being ample copies available to the public. ORDINANCE NO. 1207 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1198, REVISOR'S ORDINANCE PERTAINING TO "1-2" INDUSTRIAL DISTRICT The City of Columbia Heights does ordain: Section 1: Section 2 of Ordinance No. 1198, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Creation of An "1-2" Indus- trial District Which Would Permit Auto Sales Under Certain Conditions, passed June 11, 1990, which read as follows, to wit: That property which is bounded by 38th,Place on the South, Madison Place and Jefferson Street on the West, Railroad right-of-way im- mediately north of 39th Avenue on the North, and Quincy Street on the East, except Lots 1-8, Inclusive, Block 68, Columbia Heights Annex to Minneapolls, which is'currently zoned "1" shall hereafter be zoned "1-2". The Offlclal Zoning Hap is herewith amended to reflect the said change pursuant to this ordinance. Is herewith amended to read as follows, to wit: That property which is bounded by ~8th Place on the South, Hadison Place and Jefferson Street on the West, Rallroad right-of-way im- medlately north of 39th Avenue on the North, and quincy Street on the East, except Lots 1-8, inclusive, Block 65, Columbla Heights Annex to Minneapolis, which is currently zoned "1" shall hereafter be zoned "1-2". The Official Zoning Hap is herewith amended to reflect the said change pursuant to this ordinance. Regular Council Meeting October 22, 1990 page 2 Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October 22, 1990 The second reading of Ordinance No. 1207 is scheduled for the November 13th Count i 1 Meeting. First Readin~ of Ordinance No. 1208; Bein9 an Ordinance for the Sale of Certain Real Estate (1904 41st Avenue to Richard Laine) The reading of the ordinance was waived there being ample copies available to the public. ORDINANCE NO. 1208 BEING AN ORDINANCE FOR THE SALE OF CERTAIN REAL ESTATE The City of Columbia Heights does ordain: Sect ion 1: The City of Columbia Heights shall sell and convey by Quit Claim to Carolyn Laine and Richard Laine the following described land lying and being in the County of Anoka, State of Minnesota, to wit: The South 160 feet of Lot Two (2), except the East 60 feet thereof, Block Seventeen (17) Auditor's Subdivision of Waiton's Second Subdivision, Anoka County, Minnesota, excepting and reserving to the said state, in trust for taxing districts concerned, all minerals and mlneral rights, as provided by law. Section 2: The Mayor and City Manager are hereby authorized to execute a Quit Claim Deed to convey said real property. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October 22, 1990 The second reading of Ordinance No. 1208 ii scheduled for the November 13th Council Meeting. First Readin~ of Ordinance No. 1209; Bein~ an Ordinance for the Sale of Certain Rea'i' Esta'te'(382'$' Qui~y' Street to dohn Tes'ter) The reading of the ordinance was waived there being ample copies available to the public. OR01NANCE NO. 1209 BEING AN ORDINANCE FOR THE SALE OF CERTAIN REAL ESTATE The City of Columbia Heights does ordain: Regular Council Meeting October 22, 1990 page 3 Section 1: The City of Columbia Heights shall sell and convey by Quit Claim Deed to John Tester the following described land lying and being in the County of Anoka, State of Minnesota, to wit: Sect ion 2: Lot Thirty-seven (37), Block Eighty-five (85), (except the South 15 feet front and rear), Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. The Mayor and City Manager are hereby authorized to execute a. quit Claim Deed to convey said real property. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October 22, 1990 The second reading of Ordinance No. 1209 is scheduled for the November 13th Council Meeting. Resolution No. 90-51; Being a Resolution Certifyin9 Delinquent Special Assessments The reading of the resolution was waived there being ample copies available to the public. RESOLUTION NO. 90-51 CERTIFICATION OF DELINQUENT SPECIAL ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments on the properties in the City of Columbia Heights as submitted on the attached letter and filed in the Assessment Book for 1990 totaling $540.15. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements for the current year and identified thereon as "Special Assessments - Fund #913." SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. A11 assessments with penalties and interest as indicated thereon pald to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA. HEIGHTS shall accept payments on these levies until October 15, 1990. Upon receipt of said payments the County will be notified to remove this levy from the tax rolls. Passed this 22nd day of October, 1990. Offered by: Nawrocki Seconded by: Clerkin Ro11 call: All ayes Regular Council ~eeting October 22, 1990 page q Edward M. Carlson, Mayor Jo-Anne Student, Council Secretary Reappointments/Appolntment to Various Boards and Commissions The Council reappointed the following Individuals to the indicated board/ commission for the specified time: Dave Szurek, Cable Communications Commission - term expires In April 1992 Ken Hartke, Cable Communlcations Commission - term expires in April 1992 Dave Gregor, Cable Communications CommisSion - term expires in April 1992 Emy Werkmeister, Human Services Commission - term expires in April 199] Edward Jones, Human Services Commission - term expires In April 1993 John Murzyn, Sr., Park Board - term expires in April 1995 Richard Hubbard, Library Board - term expires'in April i993 * Robert King, Merit Commission - term expires in April 1994 Tom Lucas, Merit Commission - term expires in April 199q Gerry Herrlnger, Police & Fire Civil Service Commission - term expires in April Jim Fowler, Recreation Commission - term expires in April 199~ Gayla Norberg, Science, Technology & Energy Commission - term expires In April Glenn Byrnes, Science, Technology & Energy Commission - term expires In April 19~3 Kevin Dory, Traffic Commission - term expires in April i~4 and, the Councll also appointed Joseph Sturdevant to a term on the Human Services Commission which will expire in April Permlssion to Seek Quotations for Portable Steamer The Council authorized staff to seek quotations for a portable steamer. Final Payment for Asphalt Contractor Municipal Pro~ect #9005 - Circle Terrace - LaBelle Park The Council authorized final payment of $2,142.05 to Bituminous Consulting and Contracting Company, Inc. of Minneapolis for asphaltlc work on Hunicipal Project #9005. License Applications Approval The Council approved the license applications as listed upon payment of proper fees and waived the fee as requested. ~yment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA I~otion by Nawrockl, second by Clerkin to approve the Consent Agenda as pre- sented. Roll call: All ayes Councilmember Clerktn introduced Joseph Sturdevant the newly-appointed member of :he Human Services Commission. OPEN MIKE There was no one present for Open Mike. Regular Council Meeting October 22, 1990 page 5 6. ORDINANCES AND RESOLUTIONS a. Second Reading of Ordinance No. 1206; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Membership on the Traffic Commission Notion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available to the public. Roll call: AIl ayes ORDINANCE NO. 1206 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO NEHBERSHIP ON THE TRAFFIC COMMISSION The City of Columbia Heights does ordain: Section 1: Section 3.308 (1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, and amended by Ordinance No. 986, passed Oecember 29, 1981, which reads as follows, to wit: 3.308 (1) A Traffic Commission is hereby established which shall consist of five members to be organized as follows: (a) (Ord. 986, elf. 1/28/82) Four members shall be appointed by the Councll and may be removed by a four-fifths vote of the Council. One member shall be designated by the Council from among its membership, who shall serve at the will of the Council. The Public ~k)rks Director, or a person designated by him, and the Chief of Police shall serve as ex-officio members of the Commission. (bi The four appointed members shall serve for a term of four years to be staggered so that the term of one member shall expire each year. The membership shall include an employee of the school district, a person transacting retail business in the City, a person transacting business in the Industrial district of the City, and a resident of the City. Every appointed member shall take an oath that he will faithfully discharge the duties of office. The Commission shall elect a chairman from among its membership. The Secretary need not be deslgnated from the Commission membership: Is herewith amended to read as follows, to wit: 3.08 (1) A Traffic Commission is hereby established which shall consist of five members. Four members shall be appointed by the Council and may be removed by four-fifths vote of the Council. One member shall be designated by the Council from among its membership and shall serve at the w111 of the Councll. The Public Works Director, or a person designated by the Public Works Oirector, and the Chief of Police, or a person designated by the Chief of Police, shall serve as ex-officio members of the Commission. The four appointed members shall serve a term of four years to be staggered so that the term of one member shall expire each year. The Commission shall elect a chairman from among its membership. Regular Council Meeting October 22, 1990 page 6 Section 2: thirty (30) days after its passage. The Secretary need not be designated from the Commission membership. This Ordinance shall be in full force and effect from and after October 8, 1990 October 22, 1990 October 22, 1990 First reading: Second reading: Date of passage: Paterson Ruettimann All ayes Offered by: Seconded by: Roll call: Jo-Anne Student, Council Secretary Mayor Edward M. Carlson Resolutions Transferring Fund Balances and Designating Retained Earn..ings for Construction Reserve The Finance Director prepared two ordinances; one for transferring fund balances and a second for designating retained earnings for construction reserve. Councilmember Nawrocki had previously requested the intent of these resolutions be put into ordinance form as this form would give more emphasis on the need for a four-fifths vote being needed for passage. The City Attorney read the ordinances. Counciimember Paterson inquired why this form would be preferable and what are the benefits of this form. The City Attorney responded he saw no real benefit but that a longer period of time would be required for repeal and to get funds. Councilmember Nawrocki stated that an ordinance requires two readings and has an effective date and would require an ordinance to be changed. He noted that a resolution is effective immediately and could be changed at any Council meeting by a three-fifths vote. Resolution No. 90-52; Being a Resolution Transferring Fund Balances to Designated Funds I~otion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 90-52 BEING A RESOLUTION TRANSFERRING FUND BALANCES TO DESIGNATED FUNDS Whereas, the City of Columbia Heights has accumulated a fund balance in the General Fund and the Liquor Fund for the purpose of funding future capital equipment within the City, and, Whereas, these funds would be more appropriately accounted for in a separate fund designated for the purpose in which they were accumulated, and, Whereas, as the City Councll has established a Capital Equipment Replacement Fund dedicated for the future replacement of equipment, Regular Councll Meeting October 22, 1990 page 7 NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby authorize the transfer of $1,O00,O00 from the General Fund and $1,000,000 from the Liquor Fund to the Capital Equipment Replacement Fund as fund balance designaged for equipment replacement, and, NOW, THEREFORE, BE IT FURTHER RESOLVED that any designated fund balance in the Capital Equipment Replacement Fund shall require a four-fifths vote to expend or transfer funds. Offered by: Seconded by: Roll call: Peterson Ruettimann Paterson, Ruettimann - aye Clerkin, Nawrocki, Carlson - nay The resolution FALLS as it requires a 'four-fifths vote to transfer funds from the General Fund to the Capitol Equipment Fund as advised by the City Attorney. Funds could be immediately transferred if the resolution had passed. The City Manager observed that the Capltol Equipment Replacment Fund already exists and that Ordinance No. 1211, as drafted by the City Attorney would be the vehicle used to transfer funds into this fund. Councilmember Nawrocki felt passage of this resolution had no merit as there was no urgency to transfer these funds. Also, this longer time requirement would afford residents time for input. Resolution No. 90-53; Being a Resolution Designatin~ Sewer Fund and Water Fund Retained Earnings for a Constr~Ction Reserve Motion by Ruettimann, second by Paterson to waive the reading of the resolution there being ample copies available to the public. Roli call: All ayes RESOLUTION NO. 90-53 BEING A RESOLUTION DESIGNATING SEWER FUND AND WATER FUND RETAINED EARNINGS FOR A CONSTRUCTION RESERVE Whereas, the City of Columbia Heights has accumulated retained earnings in both the Sewer and Water Fund for the purpose of funding future construction of sewer and water lines, and, Whereas, the retained earnings would be mor'e appropriately accounted for in a separate fund designated for construction. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does, hereby, establish a Water Construction Fund and a Sewer Construction Fund and authorizes a transfer of $600,000 from the Water Fund to the Water Constructlon Fund and $2,000,000 from the Sewer Fund to the Sewer Fund Construction Fund, and, NOW, THEREFORE, BE IT FURTHER RESOLVED that any retained earnings in the Water Construction Fund and the Sewer Construction Fund shall require a four- fifths vote to expend or transfer funds. Offered by: Seconded by: Ruettimann Paterson Regular Council Meeting October 22, 1990 page 8 Roll call: Clerkin, Ruettimann, Peterson- aye Nawrocki, Carlson - nay MOTION FALLS for lack of a four-fifths vote. Playor Carlson requested that the drafted ordinances which received their first reading at this meeting be sent to the Charter Commission for its review. The City Attorney advised they will receive an ordinance number, receive their second reading and be given to the Charter Commission for review. ORDINANCE NO. 1211 BEING AN ORDINANCE TRANSFERRING FUND BALANCES TO DESIGNATED FUNDS The City of Columbia Heights does ordain: Section l: Whereas, the City of Columbia Heights has accumulated a fund balance in the General Fund and the Liquor Fund for the purpose of funding future capitol equipment within the City; and Whereas, these finds would be more appropriately accounted for in a separate fund designated for the purpose for which they were accumulated; and Whereas, the City Council has established a Capitol Equipment placement Fund dedicated for future replacement of equipment Section 2: The Columbia Heights City Council does hereby authorize the trans- fer of $1,000,000 from the General Fund and $1,000,000 from the Liquor Fund to the Capitol Equipment Replacement Funds as fund balance designated for equipment replacement. Section 3: Any designated fund balance in the Capitol Equipment Replacement Fund shall require a four-fifths vote to expend or transfer funds. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October 22, 1990 ORDINANCE NO. 1212 BEING AN ORDINANCE DESIGNATING SEWER FUND AND WATER FUND RETAINED EARNINGS FOR A CONSTRUCTION RESERVE The City of Columbia Heights does ordain: Section !: Whereas, the City of Columbia Heights has accumulated retained earnings in both the Sewer and Water Fund for the purpose of funding future construction of sewer and water lines; and, Whereas, the retained earnings would be more appropriately accounted for in a separate fund designated for construction. Section 2: The Columbia Heights City Council does, hereby, establish a Water Regular Council Meeting October 22, 1990 page 9 Construction Fund and a Sewer Construction Fund and authorizes a transfer of $600,000 from the Water Fund to the Water Construction Fund and $2,000,000 from the Sewer Fund to the Sewer Construction Fund. Section 3: Any retained earnings in the Water Construction Fund and the Sewer Construction Fund shall require a four-fifths vote to expend or transfer funds. Section 4: This ordinance shall be in full foce and effect from and after thirty (30) days after its Passage. First reading: October 22, 1990 First Reading of Ordinance No. 1210; Being an Ordinance Giving Preliminary Approval to a Combination Health Care and Residential Housin9 Program and Issuance of Revenue Bonds on Behalf of Crest View Lutheran Home Crest View Lutheran Home is proposing a board and lodging facility for elderly persons consisting of approximately 50 units to be located adjacent to and connected with the existing nursing home at 4444 Reservoir Boulevard. The total revenue bonds proposed to be issued by the City is estimated not to exceed $3,500,000. Michael Conlon, consultant for Crest View, advised the Council that this facility wi11 accommodate the "frail elderly." He noted that persons identified as "frail elderly" are those who need some assistance but do not need a nursing home. They will receive three meals each day, maid service, cleaning service, and have other needs met as they come up. The residents w~11 maintain some independence in this living arrangement. Council member Nawrocki inquired how the best interests of the City are being protected in this venture. Staff advised that Holmes & Graven and Piper, Jaffre¥ & Hopwood are handling the details for the City and the underwriting of the bonds. Conlon advised that the bonds have not been pre-sold and will not be sold until approval has been received from the City of Columbla Heights and from the Minnesota Housing Finance Agency. Motion by Peterson, second by Clerkin to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1210 ORDINANCE GIVING PRELIMINARY APPROVAL TO A COMBINATION HEALTH CARE AND RESIDENTIAL HOUSING PROGRAM AND ISSUANCE OF REVENUE BONOS ON BEHALF OF CREST VIEW LUTHERAN HOME The City of Columbia Heights, Minnesota (the "City"), does ordain, as follows: Section i. Recltals 1.01. By the provisions of Minnesota Statutes Chapter 462C, as amended (the "Act"), the City is authorized to plan, administer, and develop housing programs, as well as combinatlon health care and residential housing programs, and to issue and se11 revenue bonds or obligations to make or purchase loans to finance combination health care and residential housing developments within its Regu]ar Council Meeting October 22, 1990 page 10 boundaries, which revenue bonds or obligations shall be payable solely from the revenues of such developments. 1.02. The City has prepared pursuant to the Act a Housing Plan for the City, which Housing Plan has been duly adopted by the City pursuant to the Act (the "Housing Plan"). The Act provides that, prior to issuing revenue bonds or obligations to finance a development described in Section 462C.05, subd. 7, of the Act, the City shall prepare a Program setting forth the information required by Section 462C.05, subd. 6, of the Act, submit the Program to the Metropolitan Council, and, after holdlng a public hearing thereon, submit the Program for approval by the Minnesota Housing Finance Agency, as provided in Section 462'C.01 of the Act, on the basis of the considerations stated in Section 462C.04 of the Act. 1.03. Crest View Lutheran Home, a Minnesota nonprofit corporation, or a nonprofit affiliate thereof (the "Corporation"), has proposed to undertake the ac- quisition, construction and equipping of a combination health care and residential housing development under the Act in accordance with the City's Housing Plan and pursuant to a proposed Program therefor (the "Program"), on file in the office of the City Clerk-Treasurer, a copy of which is attached hereto as Exhibit A. The description of the facilities set forth in the Program is incorporated herein by reference and made a part hereof (the "Facilities"). 1.04. Under the Program it is proposed that the City issue its Residential Care ~ Facility Revenue Bonds (the "Bonds") pursuant to the Act in such aggregate principal amount as may be necessary to finance the acquisition, construction equipping of the Facilities, subject to the agreement by the Corporation to pay promptly when due all the principal of and interst on the Bonds. 1.05. A public hearing for the Program was held on October 22, 1990, as provided in a notice of public hearing published in the City's official newspaper on October 3, 1990 which is a date no less than 15 days in advance of the hearing. At said hearing all persons present were afforded an oppor- tunity to express their view concerning the Program. Section 2. Approvals and Authorization. 2.01. The Program is hereby adopted by the City pursuant to Section 462C.04, subd. 7, of the Act, and the Issuance of the Bonds of the City, in an aggregate principal amount of not to exceed $3,500,000 is hereby approved. The Bonds shall not be issued until the Program has been reviewed and ap- proved as provided by the Act and until the City, the Corporation and the purchaser of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. The principal of, premium, if any, and interest on the Bonds, when, as and if issued, shall be payable solely from the revenues derived from the Facilities, including loan repayments to be made with respect thereto, and the property pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of any consitutional, statutory or charter limitation. 2.02. The submission of the Program to the Metropolitan Council and the pub- lication of notice of the publlc hearlng held thereon are hereby ratified, confirmed, and approved. The Mayor, City Manager and other officers and employees of the City are hereby authorized to submit the Program, ac- companied by the Housing Plan, and all required certificates, to the Regular Council Meeting October 22, 1990 page i I Minnesota Housing Finance Agency for review and approval pursuant to Subdivision 2 of Section ~62C.04 of the Act. 2.03. Pursuant to Subdivision 1, Section a62C.07, of the Act, In the making of a loan with respect to the Program and in the assurance of the Bonds or other obligations of the City, the City may exercise, within its corporate limits, any of the powers the Minnesota Housing Finance Agency may exercise under Chapter q62A, Minnesota Statutes, without 1imitation under the provisions of Chapter q75, Minnesota Statutes. 2.0~. The Corporation has agreed to and shall pay all costs incurred by the City in connection with the Program and. the Facilities whether or not the Program is approved by the Minnesota Housing Finance Agency and whether or not the Bonds are issued. Section 3. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October 22, 1990 ATTACHMENT A PROGRAM FOR ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER ~62C, FOR COMBINATION RESIDENTIAL RENTAL HOUSING AN0 HEALTH CARE DEVELOPMENT 1. City Housing Plan. Pursuant to Chapter q62C, Minnesota Statutes, as amended (the "Act"), the City of Columbia Heights (the "City") has adopted a Housing Plan (the "Housing Plan"), which serves as a basis for the provision of housing for residents of the community. The City also recognizes and affirms the health care needs of its residents, and the need for affordable health care services to be provided to residents of the community. The Housing Plan describes various housing problems in the City, including inadequate supply of residences for low and moderate income families and elderly persons, inadequate supply of rental housing and in- adequacy of existing housing stock for projected population growth. Under the Act, the City, prior to issuing revenue bonds or other obligations to finance a com- bination residential housing development and health care facility, as described in Section q62C.05, subd. 7, of the Act, is to adopt a program setting forth the information requlred by the Act, including but not limited to Section q62C.05, subd. 6, of the Act. This Program will assist the City in addressing the problems described in the Housing Plan by assisting with the provision of affordable rental housing for elderly persons at the most reasonably affordable rental rates, based on the lowest possible costs, all as authorized, contemplated and provided by the Housing Plan. This Program will further assist with the provision of health care services to residents of the City by assisting in providing the health care facilities described herein. 2. Program. This Housing Program comprises an effort by the City, consistent with the Housing Plan, to meet the aforementioned housing and health care needs by undertaking the financing of the acquisition, construction and equipping of a residential housing development which w111 include some residential care related components (the "Facilities"), as described in paragraph q below. The method of financing to be advanced for this Program shall consist of the Issuance of residential care facility revenue bonds (the "Bonds") to be issued by the City pursuant to the Act. Such bonds shall comprise permanent financing for the acquisition Regular Council Meeting October 22, 1990 page 12 construction and equipping of the Facilities and repayment of such Bonds shall be provided by Crest View Lutheran Home, a Minnesota nonprofit corporation, or a non-profit affiliate thereof (the "Corporation"), which shall enter into a loan agreement with the City with respect to such Facilities. Additional security may be provided for the Bonds as determined by the purchaser of the Bonds, in- cluding e mortgage on the Facilities, and such other security as may be required. The aggregate principal amount of the issue is expected to be not in excess of $3,5000,000. It is anticipated that the proceeds of the Bonds to be issued by the City will comprise permanent financing for the Facilities and that the tlme- table for the financing will be carried out on an expedited basis. This Program is contemplated to be undertaken pursuant to Section 452C.O5, subd. 4, of the Act and, therefore, it is contemplated that there shall be no specific limitation on the gross income of the occupants. Program requirements as to the Facilities are to be monitored by the City as well be provided in the applicable agreements to be entered into in connection with the issuance of the Bonds. 3. Need for the Program. The City's Housing Plan establishes the need and necessity for the permanent financing of the housing and other facilities included in the Program. The Housing Plan recongizes the goal established for the City of increasing numbers of units of affordable housing for elderly as well as low and moderate income persons and families in the City. The Housing Plan also emphasizes the pro- motion of the middle income housing development and residential housing deveJop- ments. Finally, the Housing Plan affirms that achievement of the City's housing goals is to occur through private industry development, supported by government financing programs. In addition, the purpose of the Program, as authorized by the Act, is the promotion of health care facilities in the City at affordable rates. By virtue of issuing the Bonds, the City will be assisting in the pro- vision of affordable housing and health care related services for the elderly. 4. Description of Facilities. The Facilities will be located adjacent to and connected with the Corporation's existing nursing home facility, located at 4444 Reservoir Boulevard in the City. The Facilities will consist of a board and lodging facility for elderly persons, ancitipated to contain 50 units. The Facilities are designed and intended to be used for rental occupancy pri- marily by elderly persons. Nursing, medical, personal care and other health related assisted livlng services will be available on a 24-hour basis to the residents of the Facilities.~The Facilities are to be owned and operated by the Corporation. As hereinabove described, the Bonds are proposed to be issued by the City for the purpose of premanently financing the debt of the Corporation with respect to the acquisition, construction and equipping of the Facilities. If necessary as an underwriting requirement, a debt service reserve will be funded as well. Reasonable costs of issuing the Bonds may be included In the issue to the extent permitted by law. Issuance costs in excess of available Bond proceeds are to be paid by the Corporation. flotion by Peterson, second by Clerkln to hold the public hearing and second reading of Ordinance No. 1210 on November 13, 1990. Roll call: A11 ayes Councilmember Nawrocki requested that site plans and any other information regarding this project be made available to the Council. 8. OLD BUSINESS There was no old business. Regular Council Meeting October 22, 1990 page 13 NEW BUSINESS a. Engagement Agreement for 1990 Audit The City Manager reviewed the proposal being recommended for approval by staff. He noted that it is a h.9~ increase over last year~s audit cost. Councilmember Nawrocki felt the cost was rather large for a City of our size and inquired if there was any way to gauge if this is a fair price. Mayor Carlson recalled that this firm was the second lowest bidder last year. Councilmember Nawrocki felt the delay in getting the audit for last year was inexcusable. Motion by Paterson, second by Clerkin to authorize the Mayor and City Manager to enter into an agreement with Pannell Kerr Forster to conduct the annual City audit at a cost not to exceed $16,275 and to contract with them to type the City audit report at a cost of $1,5OO. Roll call: Clerkin, Ruettimann, Peterson- aye Nawrocki, Carlson - nay b. Authorization to Purchase Tractor Backhoe with Impact Hammer It was noted that this price is $5,OOO less than was orlginaily proposed. Motion by Clerkin, second by Carlson to authorize the purchase of one JCBIqOOB Backhoe with extradig and Allied 725 Impact Hammer from Lano Equipment Company of 5hakopee, Minnesota, for Sqg,3qg, including trade-in of Municipal Unit #115A, based upon the low formal bid submitted recognizing the difference in rear tire sizes and determining that the difference has no significant impact upon the equipment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Authorization to Purchase 3/4 Ton Heavy Duty Truck with Service Body Hotion by Ruettimann, second by Paterson to authorize the purchase of one ton heavy duty truck with service body from Boyer Trucks of Minneapolis, Mn., for an amount of $18,976, including trade-in of Municipal Unit #157, based upon their low formal bid submitted; and furthermore, to authorize the Mayor and City Hanager to enter into an agreement for the same. Roll call: All ayes flotion by Ruettimann, second by Paterson to authorize the City Manager to pay the excise tax and other fees to register and license the vehicle to the Minnesota Department of Transportation as required by law. Roll call: All ayes d. Municipal Project #9013 - Retaining Wall at Pump Station No. 3 Motion by Peterson, second by Ruettimann to award the work for Municlpal Project #9Oi3 to Sunram Landscaping of Maple Grove, Minnesota, in an amount of based upon the low, formal bid submitted; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Councilmember Nawrocki inquired if soil testing had been done regarding the adequacy of the present wall. He was advised that this was not done. He questioned the need for this work. Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay e. Light Rail Transit Memo Councilmembers received a memo from the HRA Director regarding the llght rall transit project. Regular Council Meeting October 22, 1990 page i/4 Councilmember Nawrocki felt the City Council should hold a public hearing prior to the formal hearing on light tall transit. He also had concerns regarding the information which addressed potential ridership at designated stops on University Avenue. 10. REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following, items were discussed: I. Watermain break in the alley behind Central Value Ma11: This watermain break damaged the east wall of the Jackson Pond holding area. A report will be made in approximately one week. Councilmember Nawrockl inquired if there was a war- rantlL' on the wall recently installed in this area. He was advised there was no warranty and the wa11 shifted because of soil movement behind it. 2. Extension of Yard Waste Hauling and Disposal: Councilmember Nawrocki noted that the deadline for the hauling of yard waste is November 2nd. He felt this ~ould place residents in rather an awkward position as many of the trees have not yet lost their leaves. The Recycling Coordinator advised she is working with Waste Management - Blaine to extend the deadline by one or two weeks. She expects to be advised of the extension in the very near future. b. Report of the City Attorney The City Attorney distributed copies of the amended parking ramp agreement with Zaidan Holdings, Inc. for the ramp adjacent to their building at /40th and Central Avenues. He reviewed the changes, one of ~hich addressed the issuance of parking permits. Councilmember Nawrocki offered to discuss this matter with the County Attorney. ftotion by Nawrocki, second by Ruettimann to approve the agreement and to authorize the Mayor and City Manager to enter into this agreement with the exception of the amendment. Roll call: All ayes Councilmember Nawrocki inquired as to the status of the sale of tax delinquent lands recently approved by the City Council. The City Attorney advised that the sale of two of these parcels were approved on this evening~s agenda and the third will be on the agenda of the next Planning and Zoning Commission meeting as a iotsplit is being requested. ADJOURNMENT Hotion by Peterson, second by Clerkin to adjourn the meeting at 9:05 p.m.. Roil call: All ayes Mayor Edward II.- Carlson --Anne Student, Co~ncii Secretary