HomeMy WebLinkAboutMarch 9, 1992OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS BOARD OF TRUSTEES
VOLUNTEER RELIEF ASSOCIATION
MARCH 9, 1992
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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
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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