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HomeMy WebLinkAboutMarch 23, 1992OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 23, 199~ CALL TO ORDER/ROLL CALL Mayor Murzyn called the Council Meeting to order at 7:00 p.m. Roll Call: Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes of Previous Meetings The Council approved the minutes of the Regular Council Meeting of March 9, 1992 and the Board of Trustees - Fire Relief Association Meeting of March 9, 1992 as presented and there were no corrections. First Reading of Ordinance No. 1216; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, as Amended, Pertaining to Building and Construction The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1216 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO BUILDING AND CONSTRUCTION The City of Columbia Heights does ordain: Section 1: Section 6.201(1) of the City Code of 1977, as amended, passed June 21, 1977, as amended by Ordinance No. 921, passed October 15, 1980, and as amended by Ordinance No. 1059, passed October 12, 1983, and as amended by Ordinance No. 1172, passed September 26, 1988, which currently reads as follows, to wit: 6.201(1) The 1987 Building Code of the State of Minnesota, Chapters 1300, 1305, 1310, 1315, 1330, 1340, 1355, 1360 and 1365, together with 1985 UBC Appendices Chapters 38 and 70 and Chapter 1335 (Flood Proofing Regulations), as currently amended and to the extent that such Flood Proofing Regulations do not conflict with Chapter 9, Article III of this Code, is hereby adopted by reference to regulate building and construction standards for work performed and materials used within the City. Every provision contained in said Code is REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 2 hereby adopted and made a part of this Code as if fully set forth herein. The short title of said Code shall be the Building Code. is herewith amended to read as follows, to wit: 6.201(1) The current Minnesota State Building Code, Chapters 1300, 1301, 1302, 1305, 1315, 1330, 1340, 1350, 1355, 1360, 1365, and 1370 as currently amended together with UBC Appendices Chapter 12, Division 2 and Chapter 55 thereof, is hereby adopted by reference together with all amendments to and supplements thereof to regulate building and construction standards for work performed and materials used within the City. Every provision contained in said Code is hereby adopted and made a part of this Code as if fully set forth herein. The short title of said Code shall be the Building Code. Section 3: This ordinances shall be in full force and effect from and after thirty (30) days after its passage. First reading: March 23, 1991 The second reading of Ordinance No. 1216 is scheduled for April 13, 1992. Request by Crestview Lutheran Home for Block Party The Council approved the request submitted by the Crestview Lutheran Home to conduct a block party in conjunction with their 40th Anniversary Celebration on June 19, 1992, between the hours of 5:00 p.m. and 8:30 p.m. with traffic diverted as per the City Manager's recommendation. Temporary Sign Request - Marquette Bank The Council approved the temporary signage request by Marquette Bank, 5250 Central Avenue, provided a $100 deposit is submitted to the City to assure the removal of the temporary signage by April 10, 1992. Authorization to Sell, Salvage, or Dispose of City Property The Council authorized the sale, salvage or disposal of City property as indicated on the listing of surplus property dated March 16, 1992. Authorization to Attend Conference - Minnesota Law Enforcement Explorer Conference The Council authorized the attendance of Officers Terry Nightingale and Randy Bartlett at the Minnesota Law Enforcement Explorer Conference on April 23 - 26, 199Z, and authorized payment of the officer registration fee of $110 REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 3 each, and authorized payment of $780 to pay partial registration fees for the Explorers who attend, the money to come from the Police Department budget. Purchase of Baseball Equipment The Council authorized the purchase of baseball equipment for $3,979.50 from Kokesh Athletics, based on low, informal quotations and authorized the Mayor and City Manager to sign the contract for the same. The Columbia Heights Athletic Boosters graciously donated the funding for this purchase. 1992 License Applications The Council approved the 1992 license applications as listed upon payment of proper fees. payment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Ruettimann, second by Nawrocki to approve the Consent Agenda as presented. Roll call: All ayes OPEN MIKE/PROCLAMATIONS/P~ESENTATIONS Swearing In of Police Chief Mayor Murzyn swore in David Mawhorter, Chief of Police. the City's new Fair Housing Month Proclamation Mayor Murzyn read the proclamation designating April as Fair Housing Month. He presented the proclamation to Mickey Rooney, a representative of the Anoka County Association of Realtors. National Library Week Proclamation Mayor Murzyn read the proclamation designating April 5 - 11, 1992 as Library Week in Columbia Heights. He presented the proclamation to Barbara Miller and Pat Sowada who serve on the Library Board. Arbor Day/Arbor Month Proclamation Mayor Murzyn read the proclamation designating April 24, 1992 as Arbor Day and April, 1992 as Arbor Month in Columbia Heights. REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 4 o Open Mike The resident at 1037 43rd Avenue Northeast advised the Council that after the last time snow was plowed in front of his home, he noticed that the curb and boulevard had been damaged. He requested this matter be looked into and that the damage be repaired. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS Second Reading of Ordinance No. 1239; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Allowing Open Space Retail in Retail Business Districts as a Conditional Use Additional information prepared by the City Attorney was distributed to the Councilmembers. This information addressed standards to be used when a conditional use permit is being applied for. Motion by Clerkin, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1239 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, ALLOWING OPEN SPACE RETAIL IN RETAIL BUSINESS DISTRICTS AS A CONDITIONAL USE The City of Columbia Heights does ordain: Section 1: Section 9.113(2)(n) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall be amended to hereafter read as follows, to wit: 9.113(2)(n) Open space retail which shall be defined as a space in which assorted retailers and merchants lease and occupy booths of various sizes which merchants offer for display and sale new merchandise. 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: March 9, 1992 March 23, 1992 March 23, 1992 REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 5 Offered by: Seconded by: Roll call: Clerkin Peterson All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary Second Readinq of Ordinance No. 1240; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Parking Requirements for Open Space Retail Motion by Peterson, second by Clerkin to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1240 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PARKING REQUIREMENTS FOR OPEN SPACE RETAIL The City of Columbia Heights does ordain: Section 1: Section 9.116(4)(t) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall be amended to hereafter read as follows, to wit: 9.116(4)(t) Retail Store, Open Space Retail or Service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). 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: Offered by: Seconded by: Roll call: March 9, 1992 March 23, 1992 March 23, 1992 Peterson Clerkin All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 6 Resolution No. 92-10; Authorizing the Sale of Columbia Park Clinic Bonds Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki again stated that he felt the City Council should have made an effort to receive some funds for the City from this refunding as it had lent its name to the original bond sale. He noted this type of action was taken by the City of Fridley. Councilmember Ruettimann felt this would have been appropriate if it had been done when the bonds were first initiated and'a call provision had been included in the bond sale. He also recognized that the savings which will be realized will be spread over a long period of time. The City Manager advised that the effective date of this resolution is April 10, 1992. RESOLUTION NO. 92-10 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S COMMERCIAL DEVELOPMENT REFUNDING REVENUE BONDS (COLUMBIA PARK PROPERTIES-MEDICAL CLINIC PROJECT) SERIES 1992 (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE, A LOAN AGREEMENT, AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS WHEREAS, the City of Columbia Heights, Minnesota (the "Issuer") is a home rule city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152 to 469.1651, as amended (the "Act"), the Issuer is authorized to carry out the public purposes REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 7 described therein and contemplated thereby by issuing its revenue bonds to finance the cost of the acquisition, renovation, construction, improving and equipping of certain revenue producing facilities to be located within its corporate boundaries, and is authorized to enter into revenue agreements made in connection therewith and pledge those agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, the Issuer has previously issued its $5,000,000 Commercial Development Revenue Bonds (Columbia Park Properties Project) (the "Prior Bonds"); and WHEREAS, the Issuer loaned the proceeds of the Prior Bonds to Columbia Park Properties, a Minnesota general partnership (the "Company") for the purpose of acquiring, constructing and equipping a commercial facility within the corporate boundaries of the Issuer (the "Project"); and WHEREAS, the Company has requested the Issue to issue its Commercial Development Refunding Revenue Bonds (Columbia Park Properties - Medical Clinic Project) Series 1992 in an aggregate principal amount of $4,785,000 (the "Bonds") to provide for the funding of a loan (the "Loan") to the Company for the purpose of refunding and redeeming the Prior Bonds in accordance with their terms; and WHEREAS, the Loan will be made pursuant to the terms of a Loan Agreement dated as of April 1, 1992 (the "Loan Agreement") between the Issuer and the Company; and WHEREAS, the Issuer proposes to finance the refunding and redemption of the Prior Bonds under the Act by the issuance of the Bonds of the Issuer under this resolution; and WHEREAS, the Bonds will be issued under an Indenture of Trust dated as of April 1, 1992 (the "Indenture") between the Issuer and the trustee named therein (the "Trustee"), and are secured by a mortgage and assignment of leases and rents with respect to the Project from the Company to the Trustee and a guaranty of debt service on the Bonds by Columbia Park Medical Group, P.A. and by the partners of the Company pursuant to a corporate guaranty agreement and a personal guaranty agreement (all such documents collectively referred to as the "Security Documents") and a pledge and assignment of certain other revenues, all in REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 8 accordance with the terms of the Indenture, and said Bonds and the interest on said Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation or constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: The Issuer acknowledges, finds, determines, and declares that the refunding and redemption of the Prior Bonds, the proceeds of which are used to construc~ the Project, furthers the purposes of the Act, including the promotion of industry and commerce through governmental action for the purpose of preventing the emergence of blighted and marginal lands. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in a principal amount of $4,785,000. The Bonds shall be numbered, shall be dated, shall bear interest, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture in the form now on file with the Issuer. The Bonds shall be special obligations of the Issuer payable solely from the revenues provided pursuant to the Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the City Manager of the Issuer (together, the "Officials") and deliver the Indenture by and between the Issuer and the Trustee, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the bondowners, the Issuer and the Trustee as set forth therein· All provisions of the Indenture, when executed as authorized herein, shall be in full force and effect from the date of execution and delivery REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 9 thereof. The Indenture, when executed as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, with such necessary and appropriate variations, ommissions and insertions as do not materially change the substance thereof, or as the City Manager, in his discretion, shall determine, and the execution thereof by the City Manager shall be conclusive evidence of such determination. The Officials are hereby authorized and directed to execute and deliver the Loan Agreement and the Bond Purchase Agreement by and among Doughtery, Dawkins, Strand &' Bigelow, Inc. (the "Underwriter"), the Company and the Issuer (the "Bond Purchase Agreement"). All of the provisions of the Loan Agreement and the Bond Purchase Agreement when executed and delivered as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement and the Bond Purchase Agreement shall be substantially in the forms on file with the Issuer, with such omissions and insertions as do not materially change the substance thereof, or as the City Manager, in his discretion, shall determine, and the execution thereof by the City Manager shall be conclusive evidence of such determination. The Bonds shall be revenue obligations of the Issuer the proceeds of which shall be disbursed pursuant to the Indentre and the Loan Agreement, and the principal, premium and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the Loan Agreement and amounts realized under the Security Documents. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. The Officials are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including an arbitrage certificate, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE l0 The Issuer has not participated in the preparation of the Official Statement relating to the Bonds (the "Official Statement") and has made no independent investigation with respect to the information contained herein, including any appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution of the Official Statement by the Underwriter in connection with the sale of the Bonds· All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer by the provisions of this resolution or the aforementioned documents shall be exercised or performed by such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 11 10. 11. 12. give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any owner of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any owners from time to time of the Bonds issued under the provisions of this resolution. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 12 13. 14. happened, exist and have been performed as required by law. so The Officers of the Issuer, attorneys, engineers and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such executions or acts on behalf of the Issuer with full force and effect, which executions or acts shall be valid and binding on the Issuer. If for any reason the City Manager of the Issuer is unable to execute and deliver the documents referrd to in this resolution, such documents may be executed by a member of the City Council or the City Clerk with the same force and effect as if such documents were executed and delivered by the City Manager of the Issuer. This resolution shall be effective from and after the effective date of Ordinance No. 1238. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Adopted the 23rd day of March, 1992. Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary COMMUNICATIONS a. Reappointments to Boards and Commissions Motion by Nawrocki, second by Clerkin to reappoint the following people to various boards and commissions: REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 13 Cable Communications Commission Dave Szurek - term to expire in April 1994 Ken Henke - term to expire in April 1994 Dave Gregor - term to expire in April 1994 Library Board Nancy Hoium - term to expire in April 1995 Pat Sowada - term to expire in April 1995 Merit Commission Chet H~rringer - ter~ to expire in April 1996 Park & Recreation Commission Pat Grady - term to expire in April 1997 Civil Service Commission Vern Moore - term to expire in April 1995 Planning & Zoning Commission Gary Larson - term to expire in April 1996 Science, Technology & Energy Commission Bill Marshall - term to expire in April 1995 Roll call: All ayes ADpointment/Reappointment to Housing and Redevelopment Authority Motion by Nawrocki, second by Ruettimann to concur with the Mayor's reappointment of Sebe Heintz to the Housing and Redevelopment Authority with a term ending in April of 1997 and with the appointment of Jon Pawluk to the Housing and Redevelopment Authority to complete the unexpired term of Virgil Young with the term ending in April 1993. Roll call: All ayes OLD BUSINESS There was no old business. NEW BUSINESS a. Hilltop Police and Rescue Contract The City Manager advised that the mayors of Columbia Heights and Hilltop had met this afternoon to discuss changes to the agreement for police and medical services to Hilltop provided by Columbia Heights. REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 14 He reviewed all of the items on which there was concurrence. They included the sixteen month period for the first "year" of the agreement, medical liability, joint termination, an 8% rate of interest and a $300 investigative fee for liquor license investigations. The new language in the agreement will be reviewed by the City Attorney. Arbitration will be used on any disagreement in the agreement. Councilmember Nawrocki inquired what issues may be a subject of arbitration. The City Attorney responded they would be any issues which could go to a court of law. The firm which will be used is the American Arbitration Association. Discussion continued regarding the reduced fee for liquor license application investigations, the original payment schedule, when interest will be due, and opportunity for viewing the financial records of Hilltop. The City Manager advised that the discussions had broken down before financial record availability was addressed. Councilmember Nawrocki felt a review of Hilltop's financial records was vital so the Columbia Heights City Council could determine the ability of Hilltop to pay the fees owed for service. He requested that the Finance Director contact Hilltop and make arrangements to view their financial records. The City Attorney advised that this is public information. Councilmember Ruettimann suggested that any payments received should be held in escrow if there is arbitration. The City Attorney noted that typically this is not done, but rather providing of services had been ceased. Councilmember Nawrocki felt Columbia Heights needed not only an extension of the contract with a temporary agreement but the opportunity to audit the Hilltop books. Motion by Ruettimann, second by Peterson to request the City Attorney to draft a motion for council consideration regarding the Hilltop Police and Rescue contract. Roll call: All ayes First Time Homebuyers Program (MHFA MCPP) The Executive Director of the H.R.A. advised that the ~ REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 15 anticipated lower interest rate has spurred interest in the First Time Homebuyer Program. Presently, the interest rate is 7.45% and eleven loans have been committed to for a total of $681,763. Motion by Ruettimann, second by Clerkin to grant approval for the Housing and Redevelopment Authority to apply for an allocation of up to $4,000,000 from the Minnesota Housing Finance Agency Minnesota City Participation Program (First Time Homebuyer's Program) and, if successful in securing an allocation, to provide the necessary City/HRA involvement to Public Facilities Project. Roll call: All ayes 1992 Community Development Additional Funds Block Grant Program - Motion by Peterson, second by Clerkin to approve the allocation of $11,492 of additional CDBG Funds for the 1992 CDBG Program to the Accessibility Improvements to Public Facilities Project. Roll call: All ayes The City Manager noted that most of the plans are aimed solely at park and public buildings. Technical Performance Compliance Heights/Hilltop Cable System Audit - Columbia Motion by Ruettimann, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with Communications Support Corporation for a technical performance compliance audit of the Columbia Heights/Hilltop Cable Communications Commission. The costs for the technical performance audit will be approximately $1,700. The City Manager advised these costs will be reimbursed by the buyer or the seller. Financial Analysis of Meredith/New Heritage Partnership in its Request to Purchase the Stock of North Central Cable Communications Corporation Motion by Ruettimann, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with Public Knowledge to conduct a financial analysis of Meredith/New Heritage Partnership in its request to purchase the stock of North Central Cable Communications Corporation, at a cost not to exceed $1,400. Roll call: All ayes REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 16 The City Manager advised that the costs for the financial analysis will be paid from the cable budget. Authorization to Purchase a Ridin~ Mower Motion by Peterson, second by Ruettimann to authorize staff to purchase a 1992 Toro 325D Groundmaster with an 88" deck from MTI Distributing Company of Plymouth, Minnesota, or a total cost of $14,184 including trade-in of the 1984 Toro Groundmaster Unit #223; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes Authorization to Purchase Storage Bins - P #9208 Motion by Pet~rson, second by Ruettimann to authorize staff to award the construction of six storage bins to Ray's Landscaping and General Contracting of New Hope, Minnesota, for a total cost of $12,484; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes Hilltop Police and Rescue Contract (cont.) Motion by Ruettimann, second by Nawrocki to reconsider the issue of the Hilltop Police and Rescue Contract. Roll call: All ayes The City Attorney read his draft motion for Council consideration regarding the Hilltop contract. Motion by Ruettimann, second by Peterson to authorize the Mayor and City Manager to execute a contract to continue police and medical service to the City of Hilltop from March 31, 1992 until April 30, 1992 upon the same terms and conditions that presently exist as per the original contract and subsequent addendums, except that the City of Hilltop shall pay for the month of April 1992, $7,833 plus interest at 8% beginning April l, 1992 for police service and $150 per call for medical service; all payment shall be due the City of Columbia Heights on July 15, 1992; this agreement shall in no way create an ongoing obligation by the City of Columbia Heights to provide police and medical services beyond April 30, 1992; if the City of Columbia Heights and the City of Hilltop do not contract for services after April. 30, 1992, all police and medical services shall terminate at 11:59 p.m. on April 30, 1992. Roll call: All ayes REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 17 Motion by Nawrocki, second by Ruettimann to direct staff to require a review of the financial records of the City of Hilltop to ascertain the ability to make payment for this program for the long term renewal process. Councilmember Nawrocki felt members of the staff were capable of responding to this directive and that he was not requesting a full-fledged audit. The City Manager advised that payment has not been received for three years for the rental due on the pipes which carries Hilltop's waste to the MWCC sewer pipes. Councilmember Ruettimann suggested that what should be requested is a statement of financial condition. The Finance Director felt this would give us what has happened in the past and would not project the future. Councilmember Nawrocki felt we should request permission to view Hilltop's 1992 budget. The City Manager noted that the 1992 budget only includes $92,000 for police service. Councilmember Ruettimann observed that this budget was for only twelve months and now Columbia Heights is offering a sixteen month contract. He felt that the Hilltop City Council could not budget for something it did not know about. Councilmember Nawrocki stated he is not opposed to providing police protection to Hilltop, but feels the Columbia Heights City Council must take its fiduciary responsibility by asking for a simple review. Roll call: Nawrocki, Clerkin, Ruettimann, Murzyn - aye Peterson - abstain The Council scheduled a work session for Monday, March 30th at 7:00 p.m. The matter of the Hilltop financial review will be on the agenda. h. Authorization to Award the Elevated Water Storage Tank Riser Pipe Enclosure - Pro~ect #9119 The Assistant City Engineer explained that the enclosure was needed to avoid the freeze ups which have been experienced in the tank. Motion by Peterson, second by Ruettimann to award the REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 18 elevated water storage tank riser pipe enclosure to Alltech Engineering of Bloomington in the amount of $4,750, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes Award of Bid for Weed Removal Councilmember Nawrocki inquired if the bid specifications considered half hour increments. He felt that a half hour bid may actually be less expensive than an hour bid spec as some of the time actually spent on individual lots was less than an hour. The Assistant City Engineer responded that only an hourly rate was in the bid specifications. Motion by Clerkin, second by Peterson to award the weed removal contract to L & L Lawn Maintenance of Fridley, Minnesota in the amount of $25 per hour, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes Motion by Nawrocki, second by Clerkin to direct staff to present the charges proposed for weed cutting to individuals to the Council before they are determined. Roll call: All ayes Authorization to Purchase a Weed Sprayer The City Manager advised that it is considerably less costly for city crews to apply the weed and feed spray. Motion by Peterson, second by Ruettimann to authorize staff to purchase a 1992 Toro Multi-Pro 1100 Weed Sprayer to MTI Distributing Company of Plymouth, Minnesota, for a total cost of $12,464, including trade-in of a 1958 Kromer Sprayer Unit #293, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes NATOA Membership Motion by Nawrocki, second by Ruettimann to authorize agency membership into the National Association of Telecommunications Officers and Advisors, at a cost of $275; such funds to come out of the cable budget line item 225-49844-4330. Roll call: All ayes REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 19 10. REPORTS Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Equipment Purchases: Included in the backup materials of the City Manager's report was a form regarding information on proposed equipment purchases. He requested feedback from Councilmembers on this format. 2. Retention Df Council Meeting Video Tapes: The City Manager is proposing limiting the retention of video tapes of Council meetings to one year. He requested comments from members of the Council regarding this proposal. 3. Tree Grant Funding: The City Manager stated that the City is expecting a grant of $5,000 in the near future for the Tree Replanting Program. 4. Local Government Aids: The Senate is seeking alternatives to cutting the Local Government Aids. One option being considered is to have municipalities pay sales tax. The City Manager felt the sales tax option could result in substantially less costs than the proposed Local Government Aid cuts for the City of Columbia Heights. Councilmember Nawrocki stated that sales tax for municipalities is projected by the Senate to be forty- five million dollars. 5. Employee Potential Layoffs: Councilmember Clerkin inquired how employee potential layoffs would be handled. The City Manager responded this is generally done on the basis of last hires. Report of the City Attorney The City Attorney had nothing to report at this time. REGULAR COUNCIL MEETING MARCH 23, 1992 PAGE 20 ADJOURNMENT Motion by Clerkin, second by Ruettimann to adjourn the meeting 9:50 p.m. Roll call: All ayes Ma~6r//bonald J. ~tr/2yn~'~r -Anne Studen~C~uncil Secretary