HomeMy WebLinkAboutOctober 26, 1992OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS BOARD OF TRUSTEES
VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION
OCTOBER 26, 1992
CALL TO ORDER
The Board of Trustees Meeting was called to order at ]0:20
p.m. by Mayor Murzyn.
ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present
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NEW BUSINESS
a. Retirement of Ron Chan - Volunteer Firefighter
Motion by Ruettimann, second by Peterson to accept the
resignation, due to retirement, of Ronald E. Chan from the
Columbia HeiGhts Fire Department effective October 21, 1992,
and furthermore, to schedule pension payment through the
Volunteer Division Relief Association beGinninG one month from
October 21, 1992. Roll call: All ayes
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ADJOURNMENT
Motion by Peterson, second by Ruettimann to adjourn the Board
of Trustees Meeting at 10:22 p.m. Roll call: All ayes
Mayor ld J. ~l/u/~zyn~,/Jr
-Anne Student, Council
Secretary
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
The Council Meetin~ was called to order at 7:00 p.m. by Mayor
Murzyn.
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - 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 12, 1992 as presented and there were no
corrections.
Resolution No. 92-33; Authorizinq Agreement With Mn/DOT for
Technical Certification Tuition
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 92-33
REIMBURSEMENT TO CITY OF COLUMBIA HEIGHTS FOR TECHNICAL
CERTIFICATION TUITION
WHEREAS, the Minnesota Department of Transportation, State Aid
for Local Transportation Division requires that certified
technicians be used on all State Aid projects beginning on
January 1, 1994, and
WHEREAS, the tuition cost for these classes is eligible for
reimbursement from the Administrative Account provided
Agreement No. 70081 is approved by the City Council.
THEREFORE, BE IT RESOLVED by the City Council of Columbia
Heights that the City enter into Agreement No. 700~1 with the
State of Minnesota, Department of Transportation, and that the
Mayor and City Manager be authorized to execute the agreement
thereby assuming for and on behalf of the City all of the
contractual obligations contained therein.
Dated this 26th day of October, 1992.
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 2
Offered by:
Seconded by:
Roll call:
Clerkin
Nawrocki
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the aforegoing resolution is a true and
correct copy of a resolution presented to and adopted by the
City Council of Columbia Heights at a meeting thereof held in
the City of Columbia Heights, Minnesota, on the 26th day of
October, 1992, as disclosed by the records of said City in my
possession.
Jo-Anne Student, Deputy City Clerk
Human Services Commission Appointment
The Council appointed Elizabeth Fairley to the Human Services
Commission to a term expiring in April 1994 as recommended by
the Human Services Commission.
Reliqious Access Channel
The Council approved the request of Cable TV North Central to
move the Religious Access Channel from Channel 57 to Channel
56, effective November 18, 1992.
Award of Bid for Municipal Service Center Storaqe Yard
Liqhtinq
The Council awarded the bid for the Municipal Service Center
storage yard lighting to Heights Electric Company of Columbia
Heights, Minnesota, as the lowest qualified responsible bidder
in the amount of $7,071 and authorized the Mayor and City
Manager to enter into an agreement for the same.
License Applications
The Council approved the license applications as listed upon
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 3
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payment of proper fees.
Payment of Bills
The Council authorized the payment of bills as listed out of
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Clerkin, second by Nawrocki to approve the Consent
Agenda as presented. Roll call: Ail ayes
OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
Mayor Murzyn read a proclamation designating the month of
November as Epilepsy Month. He presented the proclamation to
Doug Hill, a Columbia Heights resident and a representative of
the Epilepsy Foundation.
Councilmember Nawrocki commended Mr. Hill for his active work
on behalf of the Epilepsy Foundation. He also noted that Mr.
Hill had been very effective in lobbying the Minnesota
Legislature regarding controlling the high cost of
prescription drugs.
Marcia Stroik, an organizer of the Castle Heights Playground
Committee, gave the Council an overview of the project and how
it was realized with contributions and many hours of volunteer
help.
The resident at 4215 Fifth Street had a number of comments he
wished to make. He commented on the stop sign recently placed
on Jefferson Street at 43rd Avenue. He felt this sign was
effective in slowing traffic. He inquired when signs in the
City must be brought into compliance. The City Manager advised
the deadline for compliance is eleven months from now. This
resident noted there are no identifying numbers on City Hall.
This resident also suggested that warning signs be installed
on 40th and Mill Street to alert motorists and pedestrians
about oncoming City emergency vehicles. Councilmember Nawrocki
responded that drivers of emergency vehicles are always very
careful when entering intersections.
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a ~
Resolution No. 92-32, Potential Refundinq of 1982 Sinqle
Family Mortgaqe Revenue Bonds
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 4
Ms. Kathy Aho from Springsted Financial Advisors, the City's
financial advisors, and Ms. Barbara Portwood from Holmes and
Graven Law Firm, the City's bond counsel, were present for the
discussion regarding the refunding.
Don Schneider, Executive Director of the City's H.R.A.,
briefly reviewed the resolution and attached documents.
This refunding involves issuance jointly by the City of
Brooklyn Center, the City of Columbia Heights, the City of
Moorhead and the Economic Development Authority of the City of
Robbinsdale single family mortgage revenue refunding bonds.
Ms. Aho stated that the distribution of the funds will not
take place until all four entities agree. The bonds have not
been sold yet. Proceeds of $1.9 million are anticipated. If
the proceeds fall below this amount, Ms. Aho will contact
staff of all four entities for direction.
Councilmember Nawrocki stated he is uncomfortable with staff
being asked for direction. Mr. Schneider assured him that if
he is contacted he will defer the decision to the City Manager
who will contact all of the Councilmembers.
Noting that there remain tax delinquencies, Councilmember
Nawrocki inquired if the bond proceeds could be reserved to
support present tax increment bonds. Ms. Portwood responded
that there have been changes in the use of these funds since
1985. She suggested that the proposed uses would have to be
reviewed.
Ms. Aho noted that if the refunding is not done at this time,
the earliest bond proceeds would be available would be in
1997.
Councilmember Ruettimann felt that the costs associated with
this proposed refunding are very high considering there must
be some "routine" work involved.
Ms. Aho stated that all of the costs appear to be in line. Ms.
Portwood felt this transaction was not an easy or "normal"
type of bond counselling activity and each entity had to be
addressed differently.
Councilmember Nawrocki stated his disappointment in not having
the distribution of the funds finalized and noted that this
refunding could be done at another time in the future.
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 5
He requested that the distribution formula be known before the
Mayor and City Manager sign off on the bonds and that this
information is reported back to the City Council.
Motion by Nawrocki, second by Clerkin to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 92-32
RESOLUTION AUTHORIZING THE ISSUANCE JOINTLY BY CITY OF
BROOKLYN CENTER, CITY OF COLUMBIA HEIGHTS, CITY OF MOORHEAD
AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF
ROBBINSDALE OF THEIR SINGLE FAMILY MORTGAGE REVENUE REFUNDING
BONDS, TAXABLE SERIES 1992A IN THE AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $8,000,000, RESIDUAL INTEREST REVENUE BONDS,
SERIES 1992B IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$2,000,000, AND RESIDUAL INTEREST REVENUE BONDS, SERIES 1992C,
IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000,
PURSUANT TO MINNESOTA STATUTES, CHAPTERS 462A, 462C, 469 AND
SECTION 471.59, AND APPROVING AND AUTHORIZING THE EXECUTION OF
VARIOUS DOCUMENTS IN CONNECTION THEREWITH
BE IT RESOLVED by the City Council of the City of Columbia
Heights as follows:
1. City of Brooklyn Center, City of Columbia Heights, City of
Moorhead and the Housing and Redevelopment Authority of the
City of Robbinsdale, as the predecessor of the Economic
Development of the City of Robbinsdale (the "Robbinsdale
Authority") in 1982 issued their $31,758,000 Single Family
Mortgage Revenue Bonds (the "Prior Bonds") to undertake a
below market interest rate single family mortgage loan program
to finance the acquisition by low and moderate income first-
time homebuyers of single family homes located in the Cities
of Brooklyn Center, Columbia Heights, Moorhead and Robbinsdale
(the "Program") by acquiring qualifying mortgage loans (the
"Mortgage Loans"). A portion of the Mortgage Loans have been
or will be transferred to the Federal National Mortgage
Association ("FNMA"), and in consideration thereof, there have
been or will be issued certain single pool Guaranteed Mortgage
Pass-Through Securities (collectively the "GNMA Security"),
guaranteed as to timely payment of principal and interest by
FNMA. Certain of the Mortgage Loans (the "Non-FNMA Mortgage
Loans") have not been transferred to FNMA. It is in the best
interests of the City of Columbia Heights that (a) the City of
Columbia Heiohts, together with the City of Brooklyn Center,
City of Moorhead and Robbinsdale Authority (together, the
"Issuer") issue their Single Family Mortgage Revenue Refunding
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 6
Bonds, Taxable Series 1992A ("Series 1992A Bonds"), to refund
the Prior Bonds, (b) the Issuer issue their Residual Interest
Revenue Bonds, Series 1992B ("Series 1992B Bonds") and
Residual Interest Revenue Bonds, Series 1992C ("Series 1992C
Bonds") (the Series 1992A Bonds, Series 1992B Bonds and the
Series 1992C Bonds are referred to as "Bonds"), secured on a
subordinate basis to the Series 1992A Bonds to finance certain
essential governmental functions of the entities which
constitute the Issuer and (c) all of such Bonds be secured by
the FNMA Security and the Non-FNMAMortgage Loans. All of such
Bonds shall be issued in accordance with the Joint Powers
Agreement described herein. The Issuer will issue the bonds
pursuant to the three separate Indentures of Trust hereinafter
referred to, and will apply the proceeds of such Bonds as
provided in such Indentures of Trust and in other documents
hereinafter referred to, pursuant to Minnesota Statutes,
Chapters 462A and 462C (the "Act") and Minnesota Statutes,
Section 471.59 (the "Joint Powers Act").
2. The following documents (including the exhibits referred to
therein) have been submitted to the City of Columbia Heigts
for approval:
a ,
b ~
c .
Three separate Indentures of Trust, each dated October 1,
1992 (the"1992A Indenture, 1992B Indenture and 1992C
Indenture" respectively), to be made and entered into
between the Issuer and First Trust National Association,
as trustee (the "Trustee"), providing for the issuance of
the Bonds, prescribing the form thereof, pledging the
trust estate described therein for the security of the
Bonds, and setting forth proposed recitals, covenants and
agreements by the parties with respect thereto;
The Amendment to Program Administration and Servicing
Agreement, dated as of October 1, 1992 (the "Servicing
Agreement"), between the Issuer, the Trustee and the
Servicer, which amends and supplements that certain
Program Administration and Servicing Agreement, dated as
of December 29, 1982, executed in connection with the
issuance of the Prior Bonds;
An Amended and Restated Joint Powers Agreement, dated as
of October 1, 1992 (the "Joint Powers Agreement"), by and
between each of the entities which comprise the Issuer,
providing, among other things, for the joint undertaking
of the Program and the issuance of the Bonds by the
Issuer;
d. A Purchase Contract, to be dated as of the date of
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 7
of execution thereof (the "Purchase Contract") by and
between the Issuer and Miller & Schroeder Financial, Inc.
(the "Purchaser") Droviding for the purchase of the Bonds
by the Purchaser; and
e ,
A First Amendment to Prior Indenture, dated as of October
1, 1992, between the Issuer and the Trustee, amending
certain terms of the indenture of trust pursuant to which
the Prior Bonds were issued; and
f ~
An Escrow Agreement, dated as of October 1, 1992, between
the Issuer and the Prior Trustee, to provide for the
defeasance and payment of the Prior Bonds using proceeds
from the Series 1992A Bonds.
The Agreements described and referred to in paragraphs a
through f above, shall hereinafter sometimes be referred
to collectively as the "Agreements."
3. It is hereby found, determined and declared that:
a ·
The issuance of the Bonds and the defeasance of the Prior
Bonds are authorized by the Act and the Joint Powers Act;
and the Program and financing program therefor have been
approved as required by Sections 462C.01 and 462C.04 of
the Act;
b ,
The issuance and sale of the Bonds by the Issuer, and the
execution and delivery of the Agreements and the
performance of all covenants and agreements of the Issuer
contained therein and all other acts and things required
under the Constitution and Laws of the State of Minnesota
to make the Agreements and the Bonds valid and binding
obligations of the Issuer in accordance with their terms,
are authorized by the Act and the Joint Powers Act;
C ·
The issuance of the Bonds for the purDoses and in the
manner contemplated by the Agreements conforms or will
conform to all pertinent statutes, regulations and
ordinances of the State of Minnesota, and the Issuer;
d ~
It is desirable that the Bonds in the aggregate principal
amounts not to exceed the amounts set forth at Exhibit A
be issued by the Issuer, on the terms set forth in the
respective Indentures and the Purchase Contract~ and at
interest rates not to exceed those rates set forth at
Exhibit A;
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 8
e o
The payments required or provided for by each of the
Indentures are intended to produce income and revenues
sufficient to provide for the payment when due of
principal and interest on all Bonds issued under the
respective Indentures, provided that it is understood
that the Series 1992B Bonds shall be subordinate to the
Series 1992A Bonds, and the Series 1992C Bonds shall be
subordinate to both the Series 1992A Bonds and the Series
1992C Bonds; and
f ,
Pursuant to the provisions of the Act, and as provided in
the respective Indentures and the Joint Powers Agreement,
the Bonds shall be retired solely from the revenues
pledged thereto pursuant to the respective Indentures and
a separate sinking fund shall be established for the
accounting of the revenues and retirement of the Bonds.
4. The Agreements are hereby approved either in the forms on
file with the City of Columbia Heights on the date hereof, or
in such forms as may be approved by the Mayor and City
Manager. Such of the Agreements as require the execution of
the City of Columbia Heights are hereby authorized and
directed to be executed or accepted, as the case may be, and
delivered in the name and on behalf of the City of Columbia
Heights by its Mayor and City Manager upon execution thereof
by the parties thereto as appropriate, and upon final approval
of the form thereof by the Mayor. The Bonds and the Agreements
shall be executed and delivered as provided therein.
5. The Trustee is hereby authorized to execute and deliver
such instruments for the investment of th~ proceeds of the
Bonds shall be satisfactory to the City Manager.
6. The form and terms of the Agreements may be varied prior to
execution and delivery by the parties thereto, provided that
any such variance shall not be, in the opinion of the City
Manager, materially adverse to the interests of the City of
Columbia Heights. The execution and delivery of the Agreements
shall be conclusive evidence of the determination that any
such variance was not materially adverse to the interests of
the City of Columbia Heights.
7. In anticipation of the collection of revenues of the
Prooram, there shall be issued forthwith Bonds, in the
principal amount not to exceed the amounts set forth at
Exhibit A, substantially in the forms set forth in the
respective Indentures, the terms of which are for this purpose
incorporated in this resolution and made a part hereof as if
fully set forth herein. The Bonds shall mature on
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 9
approximately such dates and bear interest at rates not
exceeding those set forth at Exhibit A.
8. All actions of the members, emDloyees and staff of the City
of Columbia Heights heretofore taken in furtherance of the
Program are hereby apDroved, ratified and confirmed.
9. The sale of said Bonds to the Purchaser at price of the
principal amount thereof plus accrued interest is hereby
approved, and the Bonds are hereby directed to be sold to the
Purchaser, subject to the terms and conditions set forth in
the Purchase Contract. The Mayor and City Manager of the City
of Columbia Heights are hereby authorized and directed to
prepare and execute by manual or facsimile signature the Bonds
as described in the respective Indentures and to cause them to
be delivered to the Trustee (which is herein designated as the
authenticating agent under Minnesota Statutes, Section 475.55)
for authentication and delivery to the Purchaser, together
with a certified copy of this resolution, and the other
documents required by the respective Indentures.
10. The Mayor, City Manager and other officers of the City of
Columbia Heights are authorized and directed to prepare and
furnish when the Bonds are issued, certified copies of all
proceedings and records of the City of Columbia Heights
relating to each series of Bonds and such other affidavits and
certificates (including but not limited to those required by
bond counsel) as may be required to show the facts relating to
the legality, tax exemption and marketability of the Bonds as
such facts appear from the books and records in said officers
custody and control or as otherwise known to them; and all
such certified coDies, certificates and affidavits, including
any heretofore furnished, shall constitute representations of
the City of Columbia Heights as to the truth of all statements
made on behalf of the City of Columbia Heights and contained
therein. The Mayor, City Manager and said officers are further
authorized to execute such additional documents as shall be
determined by the City Manager to be necessary and desirable
to provide for the issuance of the Bonds.
11. In the event any of the officers of the City of Columbia
Heights authorized to execute documents on behalf of the City
of Columbia Heights under this resolution shall for any reason
be unable to do so, any member of the City Council of the City
of Columbia Heights, or any other officer of the City of
Columbia Heights, is hereby directed and authorized to do so
on behalf of the City of Columbia Heights, with the same
effect as if executed by the officer authorized to do so in
this resolution.
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 10
12. The City of Columbia Heights has been advised by the
Purchaser of its intent to prepare and distribute Official
Statements and/or similar offering materials in connection
with the Purchaser's marketing of the Bonds, and the City of
Columbia Heights consents to the same.
Adopted this 26th day of October, 1992.
Offered by:
Seconded by:
Roll call:
Nawrocki
Clerkin
Nawrocki, Clerkin, Peterson, Murzyn - aye
Ruettimann - nay
b ,
Second Readinq of Ordinance No. 1254, Being an Ordinance
Amendinq Ordinance No. 853, Columbia Heiqhts Zoning Code,
Pertaininq to Non-Conforminq Lots
Motion by Clerkin, second by Ruettimann to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1254
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, COLUMBIA
HEIGHTS ZONING CODE, PERTAINING TO NON-CONFORMING LOTS
The City of Columbia Heights does ordain:
SECTION 1: Chapter 9, Article I, Section 4, 9.104(4), of
Ordinance No. 853, Columbia Heights, which currently reads as
follows, to wit:
Section 4 GENERAL PROVISIONS
9.194(4) Lot Provisions
A lot or lot of record shall be deemed a buildable
lot provided it has frontage on a public right-of-
way and said space requirements for the district in
which it is located or adjusted to conform as
follows:
(a) A lot or lot of record upon the effective date
of this Ordinance which is in an "R" District and
which does not meet the requirements of this
Ordinance as to area or width, may be utilized for
single family detached dwelling purposes provided
the measurements of such area, width or open space
are within sixty percent (60%) of the requirements
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 11
of this Ordinance; but said lot or parcel shall not
be more intensively developed.
(b) There shall be no more than one (1) principal
building on one lot except as provided under
Section 9.116(17).
is herewith amended to read as follows:
Section 4 GENERAL PROVISIONS
9.104(4) Lot Provisions
A lot or lot of record shall be deemed a buildable
lot provided it has frontage on a public right-of-
way and said space requirements for the district in
which it is located or adjusted to conform as
follows:
(a) A lot or lot of record upon the effective date
of this Ordinance which is in an "R" District and
which does not meet the requirements of this
Ordinance as to area or width, may be utilized for
single family detached dwelling purposes provided
the measurements of such area meet 100% of the
front yard, side yard and rear yard setback
requirements of Article I, Section 8, of this
Ordinance, and 60% of the Minimum Lot Area or Lot
Width requirements of Article I, Section 8, of this
Ordinance; but said lot or parcel shall not be more
intensively developed.
(b) There shall be no more than one (1) principal
building on one lot, except as provided under
Section 9.116(17).
SECTION 2: This Ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
September 14, 1992
October 26, 1992
October 26, 1992
Offered by:
Seconded by:
Roll call:
Clerkin
Peterson
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 12
Resolution No. 92-34; Adopting the Memorandum of
Understanding Between the City of Columbia Heights and
the Public Managers' Association
Motion by Nawrocki to table this item for additional
information at a Council Work Session. Motion fails for lack
of a second.
Councilmember Nawrocki noted that the proposed salary rates
are significantly higher than those of cities of similar size
in the Stanton Survey. He inquired how salary ranges and
actual sa]aries compare. Staff was not prepared to answer this
inquiry.
The City Manager advised that the proposed salaries reflect a
compromise in that no one actually reaches the top.
Councilmember Ruettimann observed that movement within the
range was to be based on performance reviews.
Motion by Ruettimann, second by Peterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 92-34
BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF COLUMBIA HEIGHTS AND PUBLIC MANAGERS'
ASSOCIATION
BE IT HEREBY RESOLVED by the City Council of the City of
Columbia Heights that:
WHEREAS, negotiations have proceeded between the Public
Managers' Association, representing Division Heads of the
City, and members of the City negotiating team, and said
negotiations have resulted in a mutually acceptable Memorandum
of Understanding for calendar years 1993 and 1994;
WHEREAS, a copy of said Memorandum of Understanding will be
made available for inspection at the Office of the City
Manager and is made part hereof by reference:
NOW, THEREFORE BE IT RESOLVED that the Memorandum of
Understanding as negotiated, be and is hereby established as
the salary and fringe benefit program for calendar years 1993
and 1994 for Public Managers' Association bargaining unit
employees of the City.
BE IT FURTHER RESOLVED that the Mayor and City Manager are
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 13
hereby authorized to execute this agreement.
Passed this 26th day of October, 1992.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Clerkin, Ruettimann, Peterson, Murmyn - aye
Nawrocki - abstain
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
d ~
Resolution No. 92-35; Being a Resolution Concerning a
Constitutional Amendment to Create a New Property
Taxpayers' Trust Fund in Minnesota
Motion by Nawrocki, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 92-35
BEING A RESOLUTION CONCERNING A CONSTITUTIONAL AMENDMENT TO
CREATE A NEW PROPERTY TAXPAYERS' TRUST FUND IN MINNESOTA
WHEREAS: The State of Minnesota enacted a 3% State sales tax
in 1967 with the promise to voters that some of the
money would be returned to them in the form of
lower property tax relief for property taxpayers;
and
WHEREAS: In 1991, the Governor and State Legislature
approved the addition of a 1/2% increase in the
State sales tax, raising it from 6% to 6 1/2% with
two cents dedicated to fund the Local Government
Trust Fund which is created to continue the State's
commitment to local property tax relief; and
WHEREAS: In 1992, the Governor and State Legislature
extended the 6 1/2% sales tax to local government
purchases with the promise of continued property
tax relief through the Local Government Trust Fund;
and
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 14
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WHEREAS: Each year local governments are forced to combat
continued attempts to reduce the levels of State
revenue dedicated to local property tax relief
through cuts in programs such as Local Government
Aids; and
WHEREAS: It is anticipated that the State will face another
budget deficit in 1993, making cuts in local
property tax relief programs tempting ways to solve
the State's budget problems; and
WHEREAS: Governor Carlson has already publicly announced
that he will concentrate on eliminating local
property tax relief programs during the upcoming
legislative session; and
WHEREAS: The League of Minnesota Cities and the Association
of Metropolitan Municipalities have taken positions
supporting a constitutional amendment dedicating
two cents of each six and one half cents collected
from the State sales tax to the Local Government
Trust Fund if such dedication cannot be assured
statutorily.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia
Heights strongly urges the League of Minnesota Cities and the
Association of Metropolitan Municipalities make one of their
1993 priorities support of a constitutional amendment
dedicating two cents of each six and one half cents collected
by the State sales tax to a new Property Taxpayers' Trust
Fund.
Passed this 26th day of October, 1992.
Offered by:
Seconded by:
Roll call:
Nawrocki
Peterson
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
COMMUNICATIONS
There were no additional communications. All other
communications had been addressed on the Consent Agenda.
8. OLD BUSINESS
REGULAR COUNCIL MEETING
OCTOBER 26, ]992
PAGE 15
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a. Award of Bid - 1993 Shared Ride Contract
Motion by Nawrocki, second by Ruettimann to award the
Alternative A Bid for the Shared Ride Para-Transit Program
contract to Yellow Taxi Service Corporation for calendar year
1993, based upon low responsible bid received; and that the
Mayor and City Manager be authorized to enter into a contract
for same subject to approval by the Regional Transit Board.
Roll call: All ayes
NEW BUSINESS
a. Award of Bid for Park Building Accessibility Improvement
Project
A total of $42,928 in CDBG money was budgeted for this
project. The Public Works Director presented information as to
the costs for making the Silver Lake Beach building
accessible.
Councilmember Nawrocki questioned the wisdom of including the
Lake building for improvements in that it may not remain open
in the future. He recommended that the building at Southwest
Park be included in the project which would still keep it
within the budgeted amount.
Motion by Nawrocki, second by Ruettimann to award the Park
Building Accessibility Improvement project for McKenna Park,
Huset Park, Prestemon Park, Mathaire Park and Southwest Park
to KM Building Company, Inc. of Minneapolis as the lowest
qualified responsible bidder in the amount of $38,070, and
furthermore, to authorize the Mayor and City Manager to enter
into an agreement for the same. Roll call: All ayes
b. Authorization to Attend Fleet Maintenance Advanced
Traininq Course
Councilmember Nawrocki questioned why two employees are
requesting to attend this conference rather than one. The
Public Works Director responded that Tom Hosch performs the
day to day fleet work and Barb Sandberg administers the
program, generates the reports and does the analyses.
Motion by Nawrocki to authorize the attendance of one employee
to the Fleet Maintenance Advanced Training Course. Motion dies
for lack of a second.
Motion by Peterson, second by Clerkin to authorize the
attendance of Tom Mosch and Barb Sandberg at the Fleet
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 16
Maintenance Advanced Training Course by HSB Reliability
Technologies Corporation to be held November 14 - 18, 1992 in
Lakeland, Florida. Roll call: Clerkin, Ruettimann, Peterson,
Mur2yn - aye Nawrocki - abstain
C ·
Furnace and Air Contioning Condenser Replacement - Liquor
Store # 3
Councilmember Nawrocki recalled that at the last Council
Meeting only repair of the furnace was authorized. Other
Councilmembers felt the staff was directed to investigate both
the furnace and the air conditioning.
Motion by Murzyn, second by Ruettimann to ratify the action of
the City Manager to replace the furnace and air conditioning
condenser at Liquor Store # 3 by Anderson Heating in an amount
of $6,359 based on low quotation. Roll call: Clerkin,
Ruettimann, Peterson, Mur2yn - aye Nawrocki - nay
d. Authorization to Establish Public Hearing for
Consideration of Alley Lighting
This hearing would be to consider alley lighting in the alley
between Pierce and Fillmore Streets, 46th to 47th Avenues.
A petition was circulated to the residents and property owners
of parcels which would be assessed for this lighting. The City
Manager noted that the petition determined there was
considerable support for the project, but the persons who own
the majority of the properties were not supportive.
Councilmember Nawrocki inquired if the owner occupied
signators had been determined. He was advised that this had
not been done. The City Attorney was requested to define
"resident" property owner. He will do this and report back to
the Council.
Motion by Ruettimann, second by Murzyn to table this matter
for additional information. Roll call: All ayes
e. Audit Proposals for 1992-1994 Audit
Motion by Nawrocki, second by Clerkin to authorize the Mayor
and City Manager to enter into an agreement with Deloitte &
Touche to perform the City, the Fire Relief Association and
the Housing and Redevelopment Authority (subject to the
concurrence of the HRA) audits for the years 1992 through
1994.
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 17
Councilmember Nawrocki requested that before an agreement is
signed, staff contact Deloitte & Touche to show them the
City's books and to request that the City get as a firm a bid
as possible. He advised if there are any discrepancies, the
matter should be returned for Council consideration.
Roll call:
Clerkin, Nawrocki, Murzyn - aye
Ruettimann, Peterson - nay
f. Honeywell Proposal
Noting that the City has a Science, Technology and Energy
Commission, Councilmember Nawrocki felt the Honeywell Proposal
should be referred to the Commission before the Council takes
action on it.
Motion by Nawrocki that the Honeywell Proposal be referred to
the Science, Technology and Energy Commission for its review
and recommendations. Motion dies for lack of a second.
Community Mousinq Affordability Study
Councilmember Nawrocki noted that the cost figures contained
in the Community Housing Affordability Study reflect that the
Metropolitan Council receives about two thirds of the
administrative costs for administering Section 8 housing. He
felt there would be an advantage for the Section 8 housing
program to be handled either on a local level or countywide.
The HRA's Executive Director will prepare comments for
presentation based on this observation.
h. Gangs and Ganq Control
Councilmember Ruettimann requested the City Manager and Police
Chief review documents which address gangs and gang control
being done by the City of Minneapolis.
i. HRA to Become a City Department
Councilmember Nawrocki requested information regarding the HRA
becoming a City department. Mayor Murzyn advised this will be
addressed at the October 27th Council work session.
10. REPORTS
a. Report of the City Manaqer
The City Manager's report was submitted in written form and
REGULAR COUNCIL MEETING
OCTOBER 26, 1992
PAGE 18
the following items were discussed:
Local Government Aid: The City Manager advised that the
information packet in the agenda was prepared by the North
Metro Mayors' Association for the League of Minnesota Cities.
Councilmember Nawrocki inquired when the local government aid
formula will be ready. The City Manager responded it should be
ready in about four weeks.
Overlay/Milling Project - 44th Avenue: Councilmember Nawrocki
has noticed there are sharp drop offs on the overlay project
being done on 44th Avenue. He felt there should be better
warnings of these drop offs as they could damage vehicles if
they are going very fast. The Public Works Director agreed and
has observed that the millings which are done with
perpendicular cuts decrease the possibility for damage.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Peterson, second by Nawrocki to adjourn the meeting
at 10:20 p.m. Roll call: All ayes
Mayol~/Donald J.~~zy~/ Jr.
~fo-An'ne St[ldent, Council Secretary