HomeMy WebLinkAboutNovember 9, 1992OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
The Council Meeting was called to order at 7:00 p.m. by Mayor
Murzyn.
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Mur2yn - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The Council approved the following items on the Consent
Agenda:
Minutes for Approval
The Council approved the minutes of the Regular Council
Meeting of October 26, 1992 as presented and there were no
corrections.
Request to Install "Yield" Sign on Second Street at 45th
Avenue
The Council approved the installation of a "Yield" sign on
Second Street at 45th Avenue based on the recommendation of
the Traffic Commission.
Authorization to Enter Into Aqreement for Use of St. Paul's
Fire Traininq Facility
The Council ratified the action of the City Manager and
authorized the Mayor and City Manager to approve the Agreement
between St. Paul Fire and the City of Columbia Heights for use
of the St. Paul Fire Training Facility for the purpose of
firefighter training and testing, to be effective November 2,
1992 until cancellation.
Columbia Heights Snow Removal Plan Amendments
The Council adopted the Columbia Heights Master Plan for snow
plowing, removal and ice control as submitted and approved the
use of the vacant lot in the northwest corner of 37th Avenue
and Fifth Street as snow storage site.
License Applications
The Council approved the license applications as listed upon
payment of proper fees.
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 2
Payment of Bills
The Council authorized the payment of the bills as listed out
of proper funds.
4. APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Clerkin to approve the Consent
Agenda as presented. Roll call: All ayes
5. OPEN MIKE/PRESENTATIONS/PROCLAMATIONS
There was no one present for Open Mike and there were no
proclamations or presentations.
6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a. Enerqy Manaqement Proqram
The City Manager reviewed the contract and lease-purchase
option agreement between the City and Honeywell. He also
reviewed the potential savings in energy and staff time.
Councilmember Nawrocki stated he feels the Honeywell proposal
is not the most effective way to save energy and that the
system is more sophisticated than what the City can afford. He
noted that the City will be paying approximately $177,000 in
interest for the seven year period. In addition, the City will
have to add approximately $54,000 to its annual budget, over
and above the projected actual dollar savings, which will
escalate each year, and the City will have to install and pay
for four additional telephone lines to make the system work.
Councilmember Ruettimann felt the program would be beneficial
for the City in that it looks at the future operation of the
City and will realize savings in many areas. Councilmember
Peterson was of the opinion that this is a win-win situation
for the City. Councilmember Clerkin favors the program and
observed that there will be no layoffs of personnel but rather
relocation. Mayor Murzyn feels the program will be helpful to
decrease the City's dependence on Local Government Aids in the
future.
In 3.(a) the resolution was corrected to read "seven" rather
than "ten."
Motion by Ruettimann, second by Peterson to waive the reading
of Resolution No. 92-36, with the noted correction, there
being ample copies available for the public. Roll call: All
ayes
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 3
RESOLUTION NO. 92-36
A RESOLUTION PROVIDING FOR THE EXECUTION AND DELIVERY OF A
GUARANTEED ENERGY SAVINGS CONTRACT AND A LEASE-PURCHASE OPTION
AGREEMENT WITM MONEYWELL, INC.
BE IT RESOLVED by the City Council of the City of Columbia
Heights, Minnesota (the "City"), as follows:
Authority. The City is, by the Constitution and laws of
the State of Minnesota, including Minnesota Statutes,
Section 465.71, as amended, authorized to enter into
lease-purchase agreements to finance energy saving
improvements and equipment.
.
Documents Presented. Honeywell, Inc. (the "Provider"),
has proposed to this Board that the City enter into a
guaranteed energy savings contract (the "Service
Agreement") and a Lease-Purchase Option Agreement as
described below. Forms of the following documents (each
to be dated as of November 1, 1992 or such other date or
dates as shall be mutually agreed upon) have been
submitted to the City and are now on file:
(a) Service Agreement between the City and the Provider,
whereby the Provider agrees to furnish certain energy
saving improvements (the "Improvements") and guarantees
that the energy or operating cost savings will meet or
exceed the costs of the Improvements; and
(b) Lease-Purchase Option Agreement (the "Lease"), whereby
the Provider, as lessor, agrees to lease the Improvements
to the City, as lessee, and grants the City an option to
purchase the Improvements as provided therein, and the
City agrees to pay payment ("Rental Payments") including
principal and interest components in monthly installments
during the term of the Lease; and
(c) Escrow Agreement (the "Escrow Agreement") among the
Provider, the City and First Trust National Association,
Saint Paul, Minnesota, as Escrow Agent, authorizing the
execution and delivery by the Escrow Agent of
Certificates of Participation (the "Certificates"),
evidencing proportional interests of the owners thereof
in the Rental Payments to be made by the City under the
Lease.
o
Findings. It is hereby found, determined and declared
that:
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 4
(a) The amount to be saved in energy and operation costs over
seven years from the date of installations is likely to
exceed the amount the City would spend on the energy
conservation measures to be undertaken pursuant to the
Service Agreement, and in the Service Agreement the
Provider provides a written guarantee that the energy or
operating cost savings will meet or exceed the costs of
the Improvements.
(b) There is no litigation pending or, to the best of its
knowledge, threatened against the City relating to the
Improvements, the Lease or the Certificates, or
questioning the organization, powers or authority of the
City.
(c) The execution, delivery and performance of the City's
obligations under the Service Agreement, the Lease and
the Escrow Agreement do not and will not violate any
order of any court or other agency of government of which
the City is aware or in which the City is a party, or any
indenture, agreement or other instrument to which the
City is a party or by which it or any of its property is
bound, or be in conflict with, result in a breach of, or
constitute (with due notice or lapse of time or both) a
default under any such indenture, agreement or other
instrument.
o
Approval, Execution and Delivery of Service Aqreement,
Lease and Escrow Aqreement. The City shall proceed
forthwith to enter into the Service Agreement, the Lease
and the Escrow Agreement, and the City hereby approves a
purchase order (the "Purchase Order") between Honeywell,
Inc. and Miller & Schroeder Financial, Inc. (the
"Underwriter") providing for a purchase of all
Certificates by the Underwriter which produces net
proceeds (after payment of costs of issuance as provided
in the Escrow Agreement) in an aggregate amount
sufficient to provide not more than $639,823 of
Improvements and not more than six months' capitalized
interest at an effective cost to the City not to exceed
6.80% per annum. The Certificates shall mature and be
subject to redemption at the times and in the amounts,
bear interest at the rates, and contain such other terms,
as set forth in the Escrow Agreement, which terms are for
this purpose incorporated in this resolution and made a
part hereof.
.
APproval and Execution of Documents. The forms of Service
Agreement, Lease and Escrow Agreement referred to in
REGULAR COUNCIL MEETING
NOVEMBER 9 1992
PAGE 5
o
.
paragraph 2 are approved. The Assignment of Provider to
Escrow Agent of all Provider's right, title and interest
in and to the Lease and Rental Payments, for the benefit
of owner of Certificates is also hereby approved. The
Service Agreement, the Lease and the Escrow Agreement
shall be executed in the name and on behalf of the City
by the Mayor and City Manager, or other officers of the
City, in substantially the form on file, but with all
such completions and changes therein, not inconsistent
with Minnesota Statutes, Section 465.71 or other law, as
may be approved by the officers executing the same, which
approval shall be conclusively evidenced by the execution
thereof. Copies of all documents shall be delivered and
filed as provided therein.
Offerinq Memorandum. In connection with the offer and
sale of Certificates by the Undewriter, the City hereby
approves the circulation by the Underwriter of an
Offering Memorandum describing the certificates and
related matters, provided the Offering Memorandum
(including any preliminary Offering Memorandum) shall be
in such form as the Mayor or City Manager, with the
advice of legal counsel to the City, shall approve. The
City shall cause to be provided to the Underwriter, no
later than seven days after approval of the final
Offering Memorandum, but in any event in sufficient time
to accompany any confirmation sent. by the Underwriter to
any purchaser of the Certificates, sufficient copies of
the Offering Memorandum to satisfy the Underwriter's
obligations under Rule 15c2-12 of the Securities Exchange
Act of 1934 with respect to the distribution of the
Offering Memorandum.
Designation Under Internal Revenue Code Section 265(b).
.
The City hereby designates the Lease as "qualified tax-
exempt obligation" for purposes of Section 265(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
The reasonably anticipated amount of tax-exempt
obligations which will be issued by the City in the
current calendar year does not exceed $10,000,000.
Tax Matters. The City expects that the Lease will be
exempt from the arbitrage rebate requirements of Section
148(f) of the Code, by reason of the exception provided
in Section 148(f) (4) (B) (relating to obligations the
gross proceeds of which are expended no later than six
months after this date of issue) or (if applicable) the
exception provided in Section 148(f)(4)(D) (relating to
obligations issued during the calendar year in which the
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 6
.
issuer does not reasonably expect to issue more than $5
million of tax-exempt obligations). The City agrees,
however, that it will comply with the requirements of
Section 148(f) of the Code to the extent applicable, and
it will not cause the proceeds of sale of the
Certificates to be invested or used in such a manner as
to cause the Lease to be deemed an "arbitrage bond" under
Section 148 of the Code, a "private activity bond" under
Section 141 of the Code, or an "advance refunding bond"
under Section 149(d) of the Code.
Certificates, etc.. The Mayor, the City Manager and other
officers of the City are authorized and directed to
prepare and furnish to bond counsel, the Provider, the
Escrow Agent and the Underwriter certified copies of all
proceedings and records of the City relating to the
Service Agreement, the Lease, the Offering Memorandum
(including certification that the Offering Memorandum is
deemed "final" as of its date for purposes of Rule 15c2-
12 promulgated under the Securities Exchange Act of
]934), and such other affidavits and certificates as may
be required to show the facts appearing from the books
and records in the officers' custody and control or as
otherwise know to them; and all such certified copies,
certificates and affidavits, including any heretofore
furnished, sha]! constitute representations of the City
as to the truth of all statements contained herein.
Passed this 9th day of November, 1992.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
C]erkin, Ruettimann, Peterson, Murzyn -
aye Nawrocki - nay
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
Motion by Ruettimann, second by Peterson to enter into a seven
year agreement with Honeywell to provide an energy
conservation program as authorized by State Statute 471.345 to
provide a retrofit program, an off-site energy management
program, and a full service maintenance
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 7
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program as described in Exhibit A; and to authorize seven
annual payments of $120,490 for the payment of the new
equipment and a first year payment of $53,324 for the energy
management and service maintenance agreements with payments
escalating as described in Exhibit A; and furthermore, to
authorize the Mayor and City Manager to
sign the necessary agreements.
Roll call:
Clerkin, Ruettimann, Peterson, Murzyn - aye
Nawrocki - nay
b. Second Reading of Ordinance No. 1236, Being an Ordinance
Amending Ordinance No. 853, City Code of 1977, Pertaining to
the Regulation of Skateboards, Rollerskis, Rollerskates and
Rollerblades on Public and Private Grounds
The City Manager advised this ordinance was reviewed because
of some citizen concerns regarding prohibitions in certain
areas. It. was suggested that the limitations on certain areas
in the City be removed and that the allowable areas for these
types of equipment be parallel to that for the use of
bicycles. Bicycle use is prohibited in business districts and
on sidewalks.
Two citizens noted they regularly use rollerblades and felt.
this ordinance would limit their personal use. They suggested
that the ordinance only address the use of skateboards.
Councilmember Nawrocki was of the opinion that the use of
rollerskis remain in the ordinance. He also felt the
geographic area mentioned in section (a) should stay in the
ordinance relative to skateboards and rollerskis.
Motion by Ruettimann, second by Nawrocki to table this matter
until the next regular Council Meeting. Roll call: All ayes
COMMUNICATIONS
a. Planning and Zoning Commission
1. Conditional Use Permit, Kendall Stone, 4747 Central
Avenue
Motion by Clerkin, second by Peterson to approve the
Conditional Use Permit to allow the operation of a Christmas
tree sales lot in the northwest corner of K-Mart parking lot
at 4747 Central Avenue from November 27, 1992 through December
23, 1992, provided all licensing requirements are fulfilled.
Roll call: All ayes
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 8
2. Conditional Use Permit, Frank & Jacqueline Padula, 3851
Central Avenue
Motion by Peterson, second by Nawrocki to approve the
Conditional Use Permit request to allow a residential dwelling
unit on the second floor of the commercial property at
3851 Central Avenue provided a one hour fire separation be
verified prior to occupancy of the first floor. Roll call: All
ayes
3. Variance, American Handyman, 5011 Fifth Street
Motion by Peterson, second by Clerkin to approve the request
for a variance of 3'10" on the sideyard setback to allow the
construction of an addition on the rear of the house at 501]
Fifth Street as it will improve the liveability of the
premises, and provided that all work, including exterior
painting of the building, be completed within six months from
the date the building permit is issued. Roll call: All ayes
4. Desisnated Parkinq Spaces - Box Seat, 4005 Central Avenue
Councilmember Nawrocki noted that. in the staff report at the
November 3rd Planning & Zoning Commission Meeting, mention was
made tY~at the City Council made a formal decision at one of
its work sessions. He felt this was not correct as no formal
decisions are made at Council work sessions.
The matter referred to in the report was regarding
designating/marking parking spaces at the Box Seat, 4005
Central Avenue.
Motion by Murzyn, second by Ruettimann to reconsider the
motion regarding the parking designation requirements for the
Box Seat which was taken at the September 14, 1992 Council
Meeting. Roll call: All ayes
Motion by Nawrocki to lay this matter over until later in the
meeting. Motion dies for lack of a second.
Motion by Murzyn, second by Clerkin to approve the Conditional
Use Permit for the Box Seat. The minutes of the September 14,
1992 Regular Council Meeting were reviewed. The motion was
withdrawn.
Motion by Peterson, second by Ruettimann to approve the
reconsidered motion and approve the conditional use permit for
the Box Seat Restaurant at 4005 Central Avenue. Roll call: All
ayes
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 9
.
.
b. Traffic Commission
The minutes of the November 2, 1992 Traffic Commission Meeting
were included in the agenda packet. No Council action was
required.
OLD BUSINESS
a. Authorization to Establish Public Hearing for
Consideration of Alley Lighting
The City Attorney's opinion regarding the definition of
"resident owners", as requested by Counci]member Nawrocki, was
discussed.
Motion by Clerk].n, second by Ruettimann to establish November
23, 1992 at 7:00 p.m. as a public hearing for consideration of
alley lighting between Fillmore and Pierce Streets, 46th to
47th Avenues. Roll call: All ayes
NEW BUSINESS
a. Authorization to Enter into Agreement for Executive
Search Assistance in Selection of City Manaqer
Motion by Ruettimann, second by Peterson to authorize the
Mayor and City Manager to enter into an agreement with
Brimeyer Group for executive search assistance in the
selection of a new City Manager.
Motion to amend by Nawrocki to replace Brimeyer Group with
Barna, Guzy, and Steffen, Ltd. Motion dies for lack of a
second.
Roll call: All ayes
b. Offer to Purchase Tax Forfeit City-Owned Property
Metro Exteriors has offered to purchase four parcels of City-
owned land. They are 572 and 578 39th Avenue (Lots 9 and 10)
and 568 and 570 38th Avenue (Lots 11 and 12).
Staff is recommending rejection of the bid for Lots 9 and l0
because the Council had decided previously to hold these two
lots for construction of a double bungalow. These combined
lots are serviced by two water lines and two sewer lines.
Also, the City does not presently hold an abstract for Lot 9.
The City Manager advised it takes some time to obtain this
abstract and it is costly.
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE ]0
A representative of Metro Exteriors stated be could clear up
the title issue in from seven to ten days.
The City has a Certificate of Title for Lots 11 and 12 which
have one water and sewer service. In 1991, the Council decided
to combine these lots for a single family home.
The purchaser advised that he has a buyer for a home to be
built on one of these parcels and would like to start
construction soon. The buyer wishes to move in by February,
1993.
Metro Exteriors offered to pay $17,000 for Lots 9 and 10 and
$16,000 for Lots ]l and 12. An ordinance is required for the
sale of City-owned property.
Motion by Nawrocki, second by Peterson that staff be directed
to prepare an ordinance for consideration later on in this
meeting that would authorize the sale of Lots 9 and ]0 as
being discussed for the amount of $17,000 or if the title is
deemed not to be able to be passed within two weeks, that
alternatively the sale of Lots 1] and 12 in the amount of
$16,000 would be authorized. Roll call: All ayes
c. Flexible Benefit Plan
Motion by Peterson, second by Ruettimann to authorize the
Mayor and City Manager to enter into a three year contract
with Flex Compensation, Inc. for the design, implementation
and administration of a flexible benefit plan, as outlined in
the proposal dated August 12, 1992, with an option of in-house
administration in the second and third year. Roll call: All
ayes
d. Authorization to Obtain Quotes for Park Benches for Huset
Park Skatinq Rink
Motion by Peterson, second by Murzyn to authorize staff to
obtain quotes for up to six park benches for the Huset Park
skating rink. Roll call: All ayes
e. Authorization for Chanqe Order for Silver Lake Lift
Station, Project No. 9120
Motion by Clerkin, second by Peterson to authorize Change
Order No. 9120-2 with Ford Construction Company of Excelsior,
Minnesota, extending the completion date for the Silver Lake
Lift Station to November 27, ]992; and furthermore, to
authorize the Mayor and City Manager to execute the agreement.
Roll call: All ayes
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 11
f. Lease for Third Liquor Store
Motion by Clerkin, second by Ruettimann to authorize the Mayor
and City Manager to enter into a lease agreement with Levine
Investments for 10,030 square feet located at 2241 37th Avenue
Northeast, Columbia Heights, Minnesota, for a five year lease
at $3.65 per square foot with a five year option at $4.25 per
square foot and a second five year option at $5.50 per square
foot, and to reimburse Levine Investments for initial
leasehold improvements in the amount not to exceed $35,000,
and to authorize staff to seek bids for all other equipment
needed to open the liquor store. Roll call: Clerkin,
Ruettimann, Peterson, Murzyn - aye Nawrocki - nay
g. Repair of J.P. Murzyn Hall Roof
Information regarding this matter was not available. No
Council action was taken.
h. Tree P]antinq Proqram
Motion by Clerkin, second by Ruettimann to authorize a Change
Order with Fair's Garden Center, Inc. of Maple Grove,
Minnesota, extending the completion date for the 1992 Tree
Replanting Contract to May 14, 1993; and furthermore to
authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: All ayes
Offer to Purchase Tax Forfeit City Owned Property (cont.)
The City Attorney drafted Ordinance No. 1258 and read it in
its entirety. He advised it was in written form and available
to the public.
Motion by Nawrocki, second by Murzyn to approve the First
Reading of Ordinance No. 1258 and that the second reading will
be held on November 23, 1992. Roll call: All ayes
ORDINANCE NO. 1258
BEING AN ORDINANCE FOR THE SALE OF REAL ESTATE OWNED BY
THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain that the real estate
owned by the City of Columbia Heights located in Anoka County
and described as Lots 11 and 12, Block 89 in Columbia Heights
Annex to Minneapolis be sold to Metro Exteriors for the
purchase price of $16,000.
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE 12
All real estate taxes due and payable in calendar year 1992
and all special assessments to be paid by the City of Columbia
Heights at the time of closing.
This sale is contingent upon one single family dwelling being
built upon the two lots.
First Reading: November 9, 1992
i. Bus Shelters in the City
Councilmember Nawrocki inquired when the pad will be installed
for the bus shelter on 40th and University Avenues. The Public
Works Director responded that the contractor will begin the
work when the permits are obtained.
The City Manager advised that the bus shelter to be located on
44th and Central Avenues has been delayed because of concerns
expressed by Super America/Ashland Oil Corporation. They claim
that a portion of this shelter would be on their property.
Staff is working on the matter.
j. Approval of Board of Trustees Meetinq Minutes
Councilmember Nawrocki had requested the minutes of the
October 26, 1992 Board of Trustees be removed from the consent
agenda and approval be withheld until there was another Board
of Trustees Meeting. He felt this was the appropriate forum in
which to approve these minutes rather than at a Regular
Council Meeting.
k. Metropolitan Council Meetinq
Councilmember Nawrocki attended a Metropolitan Council Meeting
where Section 8 Housing was discussed. He noted that the
residency requirements for recipients of Section 8 housing
vouchers allowed people from Minneapolis to use their vouchers
in communities other than Minneapolis. Columbia Heights'
Housing Program is administered through the Metropolitan
Council. Recipients in Columbia Heights who receive these
vouchers are not allowed to move into Minneapolis. Minneapolis
administers its own Section 8 Housing Program.
Councilmember Nawrocki felt the City should be moving forward
to undertake the administration of its own Section 8 Housing
Program. He is of the opinion that the City has more than its
share of Section 8 Housing.
REGULAR COUNCIL MEETING
NOVEMBER 9, 1992
PAGE ]3
1. Manaqement of Parkview Villa
At the November 10th NRA Meeting the management of Parkview
Villa will be discussed. Councilmember Nawrocki advised that
the two options which will be considered are a management firm
or an individual who has a degree and some experience in
housing management. Me noted a management firm would be more
expensive but would supply more back up.
Mayor Murzyn inquired if any Councilmembers had opinions on
this matter. None were expressed.
m. Council Work Sessions
Monday, November 16th at 8:00 p.m was selected as the date and
time for a Council work session. At that meeting other work
sessions dates will be established.
The City Manager advised that issues for consideration at the
work session will include the budget, the HRA and
miscellaneous items.
10. REPORTS
a. Report of the City Manaqer
The City Manager's report was submitted in written form
and the following item was discussed:
Condemnation Proceedinqs at 4207 Central Avenue: The City
Manager advised that the owner was given forty five days
to demolish the house but no demolition permit has been
issued. It is presently unoccupied but it still has water
service. The City Manager will keep the Council updated.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Ruettimann, second by Clerkin to adjourn the meeting
at 10:20 p.m. Roll call: All ayes
Mayor/~2)onald J.Ju~zyn~r.
~-~fine Student, Council Secretary