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HomeMy WebLinkAboutMarch 28, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 28, 1994 The Council Meeting was called Sturdevant. to order at 7:00 p.m. by Mayor ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were addressed on the Consent Agenda: Minutes for Approval The Council approved the minutes of the March 14, 1994 Regular Council Meeting as presented and there were no corrections. MHFA First Time Homebuyer Proqram The Council granted approval for the Housing and Redevelopment Authority to apply for an allocation of up to $2,000,000 from the Minnesota Housing Finance Agency Minnesota City Participation Program (First Time Homebuyer Program) and, if successful in securing an allocation, to provide the necessary City/HRA involvement in the program. Authorization to Sell, Salvaqe, or Dispose of City Property The Council authorized the sale, salvage, or disposal of surplus City property as indicated on the listing of surplus property dated March 23, 1994. License Applications The Council approved the 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 Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: AIl ayes Motion by Nawrocki, second by Ruettimann to table the minutes of the March 21, 1994 Public Improvement Hearing. Roll call: All ayes REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 2 OPEN MIKE/PRESENTATIONS/PROCLAMATIONS A resident complimented staff on the recent newsletter although he noted that the new name of a City park was not included in it. He also mentioned other items and specific staff which he felt did not serve the City well. Councilmember Nawrocki suggested the resident has a right to his own opinion, but that the intent of Open Mike was not served by calling names. A candidate for Sheriff introduced himself. The Chairperson of SHINE inquired as to the status of the hiring of a new police officer. Mayor Sturdevant advised that currently the Police Department is being restructured. He stated that plans for the restructuring have been submitted by the Mayor, Police Chief and the Department's sergeants. He felt a police officer could be on the streets by Fall. PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a. Public Hearing - Condemnation, 3950 Second Street The City Manager read the Findings of Fact and the suggested conclusions. Noting the age of the house, Councilmember Nawrocki felt Findings 1 and 2 did not apply. Mark Bohline, the current owner, advised the Council he has not resided in the house for some time. He intended to raze the house but has not had the funds to do this. He inquired if there were options for removing the house which could include a planned burn by the Fire Department. Fire Chief Kewatt stated the house is too small and would be of no value as a training tool for the Fire Department. Mr. Bohline said he felt he could raze the structure and clean up the lot in approximately two months. Discussion continued regarding the time frame needed to execute the condemnation. It was noted that if the City removes the structure, associated costs would be levied against the property. Members of the Council had additional questions regarding teh Findings of Fact. It was recommended that this issue be tabled until it could be reviewed by the City Attorney later in the meeting. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 3 Motion by Ruettimann, second by Peterson to table until later in the meeting. Roll call: All ayes b. Public Hearing Regarding Homestead Classification of 3932 Central Avenue (ACCAP Theater Heights Projects) ACCAP is requesting the Council to grant homestead classification to the building at 3932 Central Avenue. This classification would provide for a tax savings. ACCAP will use these savings to either finance additional improvements or reduce rent for seniors and disabled. The criteria set by State Statute was reviewed for property to receive the classification of homestead. The City Attorney read the necessary Findings. Councilmember Nawrocki felt the first finding did not apply to this building. He noted that the building facilitates clean, safe, affordable housing in its current state which does not include the homestead classification. This was the first finding for a homestead classification. Councilmember Nawrocki also noted that additional funding is not needed to meet the requirments of the State. Taxpayers have already had their dollars used by the MHFA which contributed to the purchase of this building. He observed that the value placed on the property is now lower than what ACCAP recently paid for it. Jeff Johnson, ACCAP's Housing Development Specialist, advised that the City will annually receive those taxes lost from having this building designated as a homesteaded property. Councilmember Nawrocki again stated his position that the purchase package was put together without the additional funding; that the focus of the building will be low income rather than senior citizens, and that the first finding cannot be met. Motion by Nawrocki to table this matter. Motion dies for lack of a second. Motion by Nawrocki that the request be denied on the basis of the fact that the homestead treatment has been shown not to be needed to provide safe, clean affordable housing for the cooperative members. Motion dies for lack of a second. ACCAP's legal counsel felt the interpretation of the findings, specifically the word "facilitate", is open for interpretation. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 4 The City Attorney felt the interpretation by Councilmember Nawrocki was adequately stated and it was not wide open and broad. Councilmember Peterson supports the upgrade of the building as does Councilmember Jolly. Councilmember Jolly indicated he will abstain from the vote as he has a relative on the ACCAP Board. 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 Motion by Peterson to adopt the resolution being a resolution of the City Council of the City of Columbia Heights granting homestead classification to the property located at 3932 Central Avenue and authorizing to enter into development contract regarding the same. Motion dies for lack of a second. Motion by Nawrocki, second by Peterson to table further consideration of this matter. Roll call: Nawrocki, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain Public Hearinq - Condemnation, 3950 Second Street (cont.) The City Attorney drafted a motion for this issue and it was read by the City Manager. Motion by Nawrocki, second by Ruettimann that there is adequate evidence as contained in the attached Order, FindinGs of Fact as prepared by the City Attorney without items #1 and #2 and renumbering items #3 through #12 accordingly, and conclusions of the City Council to find the structure and a single stall wood frame garage at 3950 Second Street is hazardous and in violation of the law and that the City Council orders the existing structures to be razed, demolished and all parts of the former structures removed, including concrete slabs and foundations as prescribed in the attached Order and that the Mayor and City Manager are directed to execute the Order on behalf of the City of Columbia Heights. Roll call: All ayes Queen's Float Repairs The Queen's Committee is requesting the additional undercarriage work for the float. City pay for Gary Mayers, representing the Committee, advised the Council that in its current condition it is unsafe. He also mentioned that the towing vehicle, which is a City truck, was not very clean and he would appreciate the use of a different vehicle. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 5 The Public Works Director advised the estimated costs for putting another axle in the float are about $1,100. He also said he would make an effort to find another towing vehicle although the current one is the newest truck in the City's fleet. Councilmember Nawrocki felt the costs should be taken from the $6,700 already allocated in the adopted budget for Queen events and not from other sources. Councilmember Ruettimann inquired who owns the float. He questioned if it is not owned by the City. Councilmember Nawrocki stated it is not owned by the City. Motion by Ruettimann, second by Jolly to authorize $1,100 from fund 101-41110-8100 for expenditure on improvements to the Columbia Heights Queen's float. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay c. Resolution No. 94-18 Amending 1994 Budget for Encumbrances Open encumbrances were discussed. The Finance Director specifically addressed some of them and explained their history. 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 RESOLUTION NO. 94-18 AMENDING 1993 BUDGET FOR ENCUMBRANCES WHEREAS, the City Council of the City of Columbia Heights on December 8, 1993, passed Resolution No. 93-64 adopting a budget for 1994; and WHEREAS, several expenditures that were projected to be incurred in the 1993 budget will not be incurred until 1994; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the 1994 departmental budgets be amended by the following increases with the increases coming from the 1994 fund balances/retained earnings: REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 6 General Fund Cable Television Fund Library Fund CaD Equip Replacement Streets Fund Water Fund Sewer Utility Collection Fund Refuse Fund Central GaraGe Fund Encumbrances 17,770.74 177 95 191 25 4,549 68 137 32 454 46 179 25 1,353 90 Passed this 28th day of March, 1994. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. Sheffield Redevelopment Financing 1. Resolution No. 94-19 on HOME Program Application 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 Staff has prepared an application for a $120,000 Grant. The City must provide a match of 25% of the funds being requested. The initial $120,000 will be used to renovate three city-owned duplexes located in the Sheffield NeiGhborhood for sale to qualifying families. Marketing strategies which will be employed for these dwellings were discussed as was lead paint testing. RESOLUTION NO. 94-19 RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS APPROVING APPLICATION TO ANOKA COUNTY FOR UP TO $120,000 OF FEDERAL "HOME" PROGRAM FUNDS FOR HOUSING REHABILITATION IN THE SHEFFIELD NEIGHBORHOOD REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 7 WHEREAS, the City of Columbia HeiGhts has been invited and encouraged to apply through Anoka County for funds from the 1994 federally funded HOME ProGram; and WHEREAS, an application for such Grant funds has been prepared by HRA staff on behalf of the City; and WHEREAS, HOME program requirements require a 25% match of non- federal funds for any project funded; and. WHEREAS, the City already owns a duplex in the Sheffield NeiGhborhood on which $30,000 of the sale proceeds after renovation of the duplex to a single family house could be used as the 25% match. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia HeiGhts, Minnesota that: The City Council approves City application for up to $120,000 of HOME ProGram funds from the Anoka County HOME ProGram. o The City hereby agrees that the City will meet the HOME ProGram 25% match requirement through establishment of a City HOME Rehabilitation Revolving Fund and dedication of $30,000 to that fund of the proceeds from the sale of the first (with HOME funds) duplex renovated (to single family house) in the Sheffield NeiGhborhood. o The Mayor and City ManaGer are authorized to sign the necessary HOME program application and the documents for implementation of the program when the Grant is received through Anoka County. Passed this 28th day of March, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Resolution No. 94-20 on Federal Home Loan Bank Downpayment Assistance Application REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 8 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. 94-20 RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS APPROVING APPLICATION TO THE FEDERAL HOME LOAN BANK OF DES MOINES FOR DOWNPAYMENT ASSISTANCE ON SINGLE FAMILY HOME PURCHASE FOR SHEFFIELD NEIGHBORHOOD WHEREAS, the City of Columbia Heights has a redevelopment project underway in the Sheffield Neighborhood and has acquired 15 blighting influence vacant duplexes in the neighborhood; and WHEREAS, three of those duplexes now owned by the City are located outside of the target block area (4600 blocks of Fillmore and Pierce) and the "Sheffield NeiGhborhood Redevelopment and Housing Development Plan" as adopted by the City Council on February 28, 1994, has provisions for the City acquiring the renovating duplexes outside of the target block into single family homes and sale of such homes; and WHEREAS, to enable the City to renovate the duplexes to single family homes and sell them at a reasonable price (for low to moderate income families) so that the City can minimize its costs and enable the City to complete more duplex conversions, there is a need for a downpayment assistance fund to assist and entice iow to moderate income homebuyers to purchase the renovated homes; and WHEREAS, the Federal Home Loan Bank of DesMoines and its participating lender banks, including Norwest Bank of Minnesota, has an Affordable Housing Program under which the City may apply for downpayment assistance funds for low to moderate income families (adjusted income of up to $39,680); and WHEREAS, HRA staff has prepared on behalf of the City an application for $30,000 through the Norwest Bank to the Federal Home Loan Bank of DesMoines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 9 The City Council approves City application for up to $30,000 from the Federal Home Loan Bank of Des Moines (through Norwest Bank of Minnesota) for downpayment assistance. The Mayor and City Manager are authorized to sign the necessary application and documents for implementation of the downpayment assistance program when the application is approved. Passed this 28th day of March, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3. Resolution No. 94-21 Approving Purchase of 4600/02 Pierce Street, 4606/08 Pierce Street and 4612/14 Pierce Street The City Manager advised the taxes on these properties will be prorated from the date of closing. He also noted that in prior acquisitions the City has paid the closing costs as well as other costs. 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. 94-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHASE OF 4600/02 PIERCE STREET, 4606/08 PIERCE STREET AND 4612/14 PIERCE STREET WHEREAS, the City Council of the City of Columbia Heights (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have adopted a plan for the redevelopment of Sheffield Neighborhood entitled "The Sheffield Neighborhood Redevelopment and Housing Development Plan" (the "Plan"); and WHEREAS, the City and the Authority have determined that there exists buildings and residential structures within the REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 10 Sheffield Neighborhood project area that are deteriorated and sub-standard pursuant to the terms and conditions of Minnesota Statute 469 or are in need of compulsory repairs which are in violation of the City's Housing Maintenance Code and other city ordinances, and as such, there exists a need for intervention so as to prevent further deterioration within the area; and WHEREAS, the City has been offered a purchase agreement calling for the acquistion of three vacant and sub-standard duplexes located at 4600/02 Pierce Street, 4606/08 Pierce Street, and 4612/14 Pierce Street; and WHEREAS, Robert J. McNulty, Helen L. McNulty and Kathleen L. Lind, as Trustee, has offered the attached purchase agreement dated March 14, 1994 calling for the sale of the real estate at a price of $162,000 payable in full at closing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THAT: The City Council hereby approves the terms of the purchase agreement attached hereto identified as Exhibit A and authorizes the Mayor and City Manager to execute it on behalf of the City. The City Council hereby authorizes the City Manager to fulfill all the requirements and conditions in order for the City to complete the transaction contemplated within the terms of the purchase agreement. The City Council approves a source of funding from the Capital Improvement Fund 410 in the amount of $166,000 including 1994 payable real estate taxes and closing costs with an interfund transfer from the retained earnings of Fund 609, Liquor Fund. Passed this 28th day of March, 1994 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 4. Resolution No. 94-22 Providing for Interfund Loan to Tax Increment Fund REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 11 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. 94-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ESTABLISHMENT OF AN "INTERFUND LOAN" FOR THE PURPOSE OF TEMPORARILY FINANCING CERTAIN TAX INCREMENT BOND DEBT SERVICE OBLIGATIONS OF THE CITY OF COLUMBIA HEIGHTS AND OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS FOR THE DOWNTOWN C.B.D. REVITALIZATION PROJECT WHEREAS, the City Council of the City of Columbia Heights, Minnesota (the "City Council") and the Housing Authority in and for the City of Columbia Heights, Minnesota did authorize and approve the establishment of a Redevelopment Project known as the Downtown C.B.D. Revitalization Project (the "Project") and adopted a Redevelopment Plan, dated March 2, 1977; and WHEREAS, the City Council established one or more "tax increment financing districts" as that term is presently defined in Minnesota Statutes, Section 469.!74, subd. 9 within the boundaries of the Project; and WHEREAS, the City Council authorized the issuance of bonds secured by the pledge of tax increments derived from the tax increment financing districts located in the Project and the general ad valorem levied upon all taxable property within the City; and WHEREAS, among the bond issues secured by the pledge of tax increments and the general ad valorem tax levy are the: (a) $8,175,000 General Obligation Tax Increment Bonds of 1980; (b) $450,000 General Obligation Tax Increment Bonds of 1982; (c) $565,000 General Obligation Tax Increment Bonds of 1984; (d) $2,100,000 General Obligation Tax Increment Bonds of 1985, Series A; (e) $9,100,000 General Obligation Tax Increment Refunding Bonds of 1987; (f) $2,399,720.75 General Obligation Tax Increment Capital Appreciation Bonds of 1990~ and (g) $735,000 General Obligation Taxable Refunding Bonds of 1993, Series A (the "Bond Issues"); and WHEREAS, also secured by the pledge of tax increments derived from the tax increment financing district is the $2,400,000 Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota Tax Increment Revenue Bonds of 1990; and REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 12 WHEREAS, due to litigation as to the valuation of some of the real property located within the tax increment financing districts, the City has not received the projected amount of tax increment required to amortize the Bond Issues according to the debt service schedule for the outstanding principal amount of the Bond Issues; and WHEREAS, the City has monies in the following funds which may be pledged or loaned to the debt service account(s) for the Bond Issues so that they may be amortized according to the debt service schedule for the Bond Issues without the levy of the general ad valorem tax upon all taxable property within the City: (1) Parking Ramp Fund No. 290; (2) Four Cities Bond Fund No. 390; and Senior Housing Bond Fund No. 404; and WHEREAS, based on projections for the receipt of future tax increments over the term of the tax increment financing districts, the amount borrowed by the City from Parking Ramp Fund No. 290, Four Cities Bond Fund No. 390, and Senior Housing Bond Fund No. 404 may be repaid from the estimated, future tax increments remitted to the Housing and Redevelopment Authority in and for the City of Columbia Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: The City Council hereby authorizes the establishment of an "Interfund Loan" to temporarily finance any shortfalls in debt service for the Bond Issues. The source of money for the Interfund Loan shall be Parking Ramp Fund No. 290 in the amount of $408,027, Four Cities Bond Fund No. 390 in the amount of $446,352, and Senior Housing Fund No. 404 in the amount of $395,918. o The City Administrator is hereby authorized to have loan documents prepared for the Interfund Loan. The Mayor and the City Manager are authorized to approve and execute the Loan documents which shall memorize the terms of the Interfund Loan. Approved this 28th day of March, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 13 Motion by Ruettimann, second by Peterson to establish April 25, 1994 as a public hearing to consider financing plan modifications to Sheffield Redevelopment and Housing Development Plan including use of liquor fund reserves, HRA tax levy, CDBG allocations, and revenues from Tax Increment Fund as financing sources of funding for the Plan. Roll call: All ayes e. Resolution No. 94-23 Establishing New Rates for Residential/Multiple Dwelling Refuse, Recycling and Yard Waste Collection There was a lengthy discussion regarding the proposed rate changes. Councilmember Nawrocki felt the senior citizens in the community were not coming out ahead with these rates. He also felt the state residential assessment should be paid out of retained earnings. 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 Motion by Nawrocki that the $2.00 annual state fee not be charged back to residents and be paid out of retained earnings in the Waste Fund and the fee for multiples be set at $1.33 in lieu of eliminating the charge. Councilmember Nawrocki felt there was no justification for multiples to have their yard waste rate reduced. The City Manager advised that the vat rates on multiples were not adjusted. Motion dies for lack of a second. RESOLUTION NO. 94-23 BEING A RESOLUTION ESTABLISHING REFUSE, RECYCLING AND YARD WASTE COLLECTION RATES FOR RESIDENTIAL SERVICE EFFECTIVE MAY l, 1994 WHEREAS, Ordinance No. 853, City Code of 1977 (as amended) pertaining to garbage, rubbish and recycling service provides for the setting of appropriate rates for the services rendered; and WHEREAS, the City and Woodlake Sanitary Services, Inc. renegotiated their contract, providing for necessary adjustments in costs related to the decrease in the tipping fee at the Elk River Resource Recovery Plant, REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 14 NOW, THEREFORE , BE IT RESOLVED that the following monthly refuse, recycling and yard waste collection rates be adopted and put into effect as of May 1, 1994, and on all billings rendered thereafter for residential service and multiple dwelling vat service. Residential Service Private Residences - One Pickup per Week (and per unit in additional dwelling units of two family buildings) $11.82 Senior Citizens - One Pickup per Week (as defined by Council Resolution establishing eligibility) 7.87 Limited Volume - One Pickup per Week (as defined by administrative procedure and contract between City and Woodlake Sanitary Service, Inc.) 9.70 Recycling per Residential unit 1.73 Yard Waste per Residential unit 1.33 Multiple Dwelling Service Non-Compacted Vat Service: One pickup per week charged per cubic yard Two pickups per week charged per cubic yard Three pickups per week charged per cubic yard Four pickups per week charged per cubic yard Five pickups per week charged per cubic yard $ 35.00 $ 70.00 $105.00 $140.00 $175.00 Compacted Vat Service: One pickup per week charged per cubic yard Two pickups per week charged per cubic yard Three pickups per week charged per cubic yard Four pickups per week charged per cubic yard Five pickups per week charged per cubic yard Six pickups per week charged per cubic yard Recycling per Multiple Dwelling unit $ 95 00 $190 00 $285 00 $380 00 $475 00 $570 00 $ 1.32 Passed this 28th day of March, 1994. Offered by: Seconded by: Roll call: Peterson Ruettimann A11 ayes REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 15 Motion by Ruettimann to continue this Council Meeting until 6:00 p.m. on Tuesday, March 29, 1994. The motion was withdrawn. Motion by Peterson, second by Ruettimann to authorize the City Manager to make payments from the Refuse Fund for the Anoka County Solid Waste Management charge on city property in the amount of $10,898.12 and to pay future charges from the Refuse Fund. Roll call: All ayes f. First Reading of Ordinance No. 1283 Being an Ordinance Pertaining to Air Quality Standards Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1283 BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS The City of Columbia Heights does ordain: Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977, which is currently reserved, shall hereafter read as follows, to-wit: 8.402(I) Open Fire Burning No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a structure or container, or in a firebox which is designed to control and contain a fire, if the products of combustion create a visual or odor nuisance in the air space of other property users. Except as provided in this ordinance and Minnesota statutes, no burning shal! be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires The Fire Department is authorized to permit "recreation fires" without charge, provided the resident first provides notice to the Fire Department of its intent to have a recreation fire and there is no violation of the City's Air Quality Standards. A "recreation fire" means a fire set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding Ground is clear of readily combustible materials for a distance of five (5) feet from the base of REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 16 the fire, there is a readily available and operable fire extinguisher device, and there is a responsible adult in continuous supervision at the fire. Violation of these "permission" requirements shall constitute a misdemeanor under the City Code. The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fire may be imposed, such as the presence of fire department personnel and equipment, approving the location of the bon fire, and the presence of adult supervisors. The Fire Department is authorized to charge the permittee for actual expenses incurred in the monitoring of the permitted fire. The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, under the circumstances existent at that time. City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Department Training The Fire Department is authorized to conduct live fire training exercises which are conducted in accordance with Minnesota Statutes and rules of the Deapartment of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This ordinance shall be in full force and effect from and after the date of its passage and publication. First Reading: March 28, 1994 Councilmember Nawrocki requested this ordinance be reviewed by the City Attorney. Motion by Peterson, second by Ruettimann to establish April 25, 1994 as the public hearing and second reading of Ordinance No. 1283 being an ordinance pertaining to air quality standards. Roll call: All ayes COMMUNICATIONS There were no communications. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 17 8. OLD BUSINESS 10. a. Award of Storm Sewer Catch Basin Manhole Replacement, Project #9403 Motion by Peterson, second by Ruettimann to award the storm sewer catch basin/manhole replacement, Municipal Project #9403, to S.W. Lee Construction of Eden Prairie, Minnesota, based upon their low, qualified responsible bid in the amount of $5,400 with funds to be appropriated from Fund 602-49450- 4000; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes NEW BUSINESS a. Amending Garbage/Yard Waste/Recyclables Contract Motion by Ruettimann, second by Peterson to amend the current contract with Woodlake Sanitary Service, Inc., to include the option to lower rates for the residential and multiple unit garbage and refuse service, based on decreased cost per ton, and to include adjusted rates for refuse, recycling, and yard waste for the period of January 1, 1994 through December 31, 1996. Roll call: All ayes b. Award of the 1994 - 1995 DED Tree Removal Program Motion by Peterson, second by Jolly to award the 1994-1995 Dutch Elm Disease Tree Removal Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their Iow formal bid of $11.00 per inch diameter on tree removal and $ .50 per inch diameter for stump removal or a total of $11.50 per inch diameter; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Stinson/37th Avenue Railroad Crossing: Councilmember Nawrocki inquired who would pay the costs for removing tracks on Stinson Boulevard near 37th Avenue and for the installation of a rubberized mat over the crossing. He was advised these costs will come from State Aid construction costs. REGULAR COUNCIL MEETING MARCM 28, 1994 PAGE 18 Envelope Specialities Market Value Determination: Councilmember Nawrocki expressed serious concern with this matter. The original estimate and tax increment assistance for this project was approximately $500,000. In March of 1994, the estimate of the County Assessor was $714,000. The revised higher value is the primary basis for raising the tax increment assistance to this project. Counci]member Nawrocki felt this was ludicrous in that the extra $35,000 made to the Miske's for work would result in a loss of over $100,000 in interest coming back to the taxpayers of the City. Me noted it would be twenty years before there would be any benefit to the community's taxing jurisdiction. With the valuation increased from $500,000, which was intended to be the minimum valuation to make this pay off, to the $714,000, as determined by the County Assessor, an additional $100,000 to $200,000 would be lost in addition to the other $100,000. Councilmember Nawrocki recalled many stories he had heard regarding uses of TIF monies. Me felt some of the uses of this funding could have been for better purposes. Proposed Interaqency Aqreements with MTC: The City has been approached by the MTC regarding an agreement to compensate the City for various matters relating to bus signage and maintenance. Councilmember Nawrocki inquired about the compensation. Me was advised that the MTC will be paying a set rate for labor. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 11:01 p.m. Roll call: All ayes Anne S t uden { ,"-~ounc ayor Joseph Sturdevant Secretary