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HomeMy WebLinkAboutMarch 9, 1992OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION MARCH 9, 1992 o Call to Order Mayor Murzyn called the Board of Trustees Meeting to order at 7:50 p.m. Roll Call Clerkin, Ruettimann, Peterson, Murzyn - present Nawrocki - absent (out of town) Termination of Medical Leave of Absence Motion by Peterson, second by Ruettimann to terminate the medical leave of absence status for Ronald Chan, Volunteer Fire Department; and furthermore, that effective dates of the leave of absence be recorded as December 15, 1992 to February 12, 1992. Roll call: All ayes Adjournment Motion by Clerkin, second by Peterson to adjourn the Board of Trustees Meeting at 7:52 p.m. Roll call: All ayes o-Anne Student, - ~-ounci 1 Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 9, 1992 The Council Meeting was called to order by Mayor Murzyn at 7:00 p.m. 1. ROLL CALL Clerkin, Ruettimann, Peterson, Murzyn - present Nawrocki - absent Mayor Murzyn explained that Councilmember Nawrocki is representing the City at the National League of Cities Congressional Conference. 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: ~pproval of Minutes of Previous Meetings The Council approved the minutes of the February 24, 1992 Regular Council Meeting as presented in writing and there were nc corrections. Request to Change Immaculate Conception School Crossing to Pedestrian Crossing The Council approved the request to change the school crossing on Jackson Street between 40th Avenue and 41st Avenue to a pedestrian crossing based on the recommendation of the Traffic Commission. Request to Consume Non-Intoxicating Malt Liquor a.t Sullivan Park The Council approved the request of Lisa Zettervall, 4927 University Avenue, to serve 3.2 keg beer at her wedding reception on July 18, 1992, from 12:00 Noon to 7:00 p.m. at Sullivan Lake Park with such approvel in conjunction with Park and Recreation Commission action of February 26, 1992. Request by Bridqeman's Restaurant for Temporary Signage The Council approved the temporary signage as requested by Bridgeman's Restaurant, 3800 Central Avenue, for March 12 - 16, 1992, provided a $100 deposit is submitted to the City to assure the removal of the banner by March 17, 1992. Appointment and Salary of Police Chief The Council approved the appointment of David Mawhorter to the position of Police Chief, effective March 23, 1991, at the rate of $4,781. REGULAR COUNCIL MEETING M32RCH 9, 1992 PAGE 2 Authorization to Reject Bids for En~ineerin~ Department Partitions The Council authorized the rejection of the bids received for the partitions in the Engineering Department and pursue a less expensive alternative. Authorization to Seek Bids for 1992 Miscellaneous Concrete The Council authorized staff to seek sealed bids for 1992 Miscellaneous Concrete Replacement and Installation Project. Authorization to Seek Bids for Sod The Council authorized staff to seek bids for sod for the 1992 Maintenance Program. Authorization to Seek Bids for Topsoil The Council authorized staff to seek bids for topsoil for the 1992 Maintenance Program. License ApPlications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. AFPROVAL OF CONSENT AGENDA Motion by Ruettimann, second by Peterson to approve the Consent A~enda as presented. Roll call: All ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS There was no one present for Open Mike. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS Second Reading of Ordinance No. 1238 (Columbia Park Bonds) Being an Ordinance Giving Preliminary Approval to a Project Under Minnesota Statutes, Chapter 469, Sections 469.152 - 469.165 and Authorizing Preparation of Necessary Documents Councilmember Ruettimann inquired if this refunding would include any costs or fees for the City. The City's bond counsel responded that the City would incur no costs nor fees. Motion by Ruettimann, second by Peterson to waive the REGULAR COUNCIL MEETING F~RCH 9, 1992 PAGE 3 reading of the ordinance there being ample available for the public. Roll call: All ayes copies The Mayor read a statement prepared by Councilmember Nawrocki which urged the Council to do what the City of Fridley is in the process of doing for the refunding of the bond'issue for its City; that is, to require a small percentage of the estimated $500,000 savings that the Clinic bondholders will receive, to go to the City, such amount to be consistent with arbitrage regulations. Councilmember Clerkin clarified his position taken at a previous Council meeting regarding this matter. CITY OF COLUMBIA HEIGHTS, MINNESOTA ORDINANCE NO. 1238 ORDINANCE GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 469, SECTIONS 469.152-469.165 AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS WHEREAS, pursuan% to and in accordance with the provisions of the Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165i (including its predecessor, the "Act"), by appropriate action duly taken by the City Council of the City o~ Columbia Heights (the "Issuer"), and in furtherance of the purposes of the Act, the Issuer has issued its $5,000,000 Commercial Development Revenue Bonds (Cot~mbia Park Properties Project), Series 1985 (the "Series 1985 Bonds") to finance the cost of acquisition, construction, improving, and equipping of certain facilities located within the corporate boundaries of the Issuer (which facilities together with the land on which they are located, are hereinafter referred to as the "Project"), owned by Columbia Park Properties, a Minnesota general partnership (the "Company"); and WHEREAS, the Company has requested that the Issuer issue refunding revenue bonds for the purpose of paying the Series 1985 Bonds in advance of their maturity, thereby reducing debt service costs to %he Company; and WHEREAS, pursuant to the Act, the Issuer is authorized to issue its revenue bonds to refund bonds previously issued by it under authority of the Act; THE CITY OF COLUMBIA HEIGHTS DOES HEREBY ORDAIN: REGULAR COUNCIL MEETING MARCH 9, 1992 PAGE 4 1. The issuance of refunding revenue bonds in the approximate principal amount of $4,785,000 is hereby given preliminary approval by the Issuer, subject to the mutual agreement of this body, the Company and the initial purchaser of the bonds as to the details of the bonds and provisions for their payment. In all events, it is understood, however, that the bonds of the Issuer shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the Issuer except the Project,.and the bonds, when, as, and if issued, shall recite in substance that the bonds, including interest thereon, are payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the Issuer. 2. The law firm of Holmes & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the bonds. The Mayor and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 3. The adoption of this Ordinance does not constitute a guarantee or firm commitment that the Issuer will issue the bonds as requested by the Company. The Issuer retains the right in its sole discretion to withdraw from participation and accordingly not to issue the bonds, or issue the bonds in an amount less than the amount referred to in paragraph 1 hereof, should the Issuer at any time prior to issuance thereof determine that it is in the best interest of the Issuer not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in paragraph 1, hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. First Reading: Second Reading: February 24, 1992 March 9, 1992 Motion by: Seconded by: Roll call: Ruettimann Peterson Clerkin, Ruettimann, Murzyn - aye Nawrocki - absent Peterson, Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING MARCH 9, 1992 PAGE 5 First Reading of Ordinance No. 1239, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Allowing PRgn Space Retail in Retail Business Districts as a Conditional Use The City Manager reviewed the reasons for drafting this ordinance. The City Attorney advised this would allow a conditional use permit for the entire building being considered for use by Clearance Expo. Councilmember Ruettimann requested information from staff regarding similar operations in St. Cloud and Minnetonka. It was stated that the operation in St. Cloud conducts business only on weekends and the administration has experienced no problems to date. The St. Cloud expo is located in an industrial area. The business in Minnetonka is no longer in operation. It did business for six weeks before Christmas and then closed. Councilmember Ruettimann again inquired if the merchandise which will be sold at the Clearance Expo was all new and what the return and refund policy would be. Kris Harrison, who will be the operator of the Clearance Expo, stated he will be responsible for returns and refunds if a vendor is no longer operating when merchandise is returned or found to be defective. He also stated all of the merchandise in the operation will be new. Councilmember Clerkin inquired what lease arrangements are being made with vendors. Mr. Harrison responded presently the leases are on a month-to-month basis. He felt if the current arrangement is workable he will then request vendors to commit to a year's lease. 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 REGULAR. COUNCIL MEETING MARCH 9, 1992 PAGE 6 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 of new merchandise. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: March 9, 1992 Motion by Clerkin, second by Peterson to schedule the second reading of Ordinance No. 1239 for March 23, 1992. Roll call: All ayes First Reading of Ordinance No. 1240, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Parkinq Requirements for Open Space .Retail The City Manager questioned the amount of parking space which is being required by this ordinance. He questioned if there would be enough parking for all of the vendors who could possibly participate in the Expo. Peterson noted that this issue had been discussed at the Planning and Zoning Commission and it was determined that there is additional parking on either side of the building as well as in the back. The City Attorney advised that parking cannot be addressed in the conditional use permit but the number of vendors can be limited by the Council. 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 REGULAR COUNCIL MEETING MARCH 9, 1992 PAGE 7 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: March 9, 1992 Motion by Peterson, second by Clerkin to schedule the second reading of Ordinance No. 1240 for March 23, 1992. Roll call: All ayes o o COMMUNICATIONS a. Planning and Zoning Commission The minutes of the Planning and Zoning Commission meeting were included in the agenda packet for informational purposes. No Council action was required. b. Appointments to Vacancies on Boards and Commission Motion by Peterson, second by Clerkin to appoint the following residents to various board and commission vacancies: Joe Ryan to the Planning and Zoning Commission for a term which will expire in April 1995; Ed Carlson to the Traffic Commission for a term which will expire in April 1994; Dayna Gulley to the Human Services Commission for a term which will expire in April 1994; and Ron Zurek to the Human Services Commission for a term which will expire in April 1993. Roll call: All ayes OLD BUSINESS There was no old business. REGULAE COUNCIL MEEIING MARCH 9, 1992 PAGE 8 9. NEW BUSINESS 10. a. Establishing Public Hearing for Cable Transfer Motion by Ruettimann, second by Peterson to authorize the "City Manager to notify the North Central Cable Communications that the City Council has determined that the transfer of ownership of the franchise may adversely affect subscribers; and thus a public hearing is necessary. Roll call: All ayes Motion by Ruettimann, second by Peterson to schedule a public hearing for Thursday, April 2, 1992 at 7:00 p.m. for purposes of receiving comments from staff and the public regarding the proposed transfer of ownership of the cable system. Roll call: All ayes b o Authorization to Become Co-Applicant with Minneapolis for NPDES Permit Motion by Ruettimann, second by Clerkin to authorize the Mayor and City Manager to enter into an agreement to become a co-applicant with the City of Minneapolis for the NPDES Permit. Roll call: All ayes c. Authorization to Seek Bids for Aerator Some members of the Council felt the work which would be done with this piece of equipment could probably be done by a private contractor. Renting the equipment was also a consideration. Staff recommended this item be removed from the agenda. REPORTS Report of the City Manaaer The City Manager's report was submitted in written form and the following items were discussed: Downtown Street Liahts: The City Manager advised that all of the downtown street lights, which had been inoperable for some time, were back on with the exception of two on 41st Avenue. This situation will continue to be monitored by staff. Load Limits Postinc: All of the load limit signs have been put up in the City and the publication requirements REGULAR COUNCIL MEETING MARCH 9, 1992 PAGE 9 have been met. H.R.A. Application: The City Manager advised that the H.R.A. application for the Blighted Rehabilitation Fund for the City of Columbia Heights was not selected. Re-appointment to the Plannin~ & Zoning Commission: Gary Larson, whose term on the Planning and Zoning Commission is expiring in April, had requested information on the potential for a conflict of interest with his continuing to serve. He may be doing business with the City in the future. The City Manager was advised by the City Attorney that Mr. Larson could be reappointed if the Council desired, but he would be prohibited from voting on any project or matter which comes before the Commission in which he may have an interest, thereby avoiding a potential conflict of interest. b. Report of the City Attorney The City Attorney had nothing to report. ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 7:50 p.m. Roll call: All ayes Mayor D~nal X~ne Student, Council Secretary