HomeMy WebLinkAboutDec 27, 1982OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
DECEMBER 27, 1982
The meeting was called to order by Mayor Nawrocki at 8:00 pm.
1. Roll Call
Hovland, Petkoff, Norberg, Hentges, Nawrocki--present
2. Invocation
The Invocation was offered by Pastor W. Karl Smith of Oak Hill Baptist Church.
3. Minutes of Previous Meetings
Motion by Petkoff, second by Norberg to approve the minutes of the Special Assessment Hearing of December
6th, as presented in writing and that the reading be dispensed with. Roll call: All ayes.
4. Oral Petitions
There were no oral petitions.
5. Ordinances and Resolutions
A. Resolution 82-70. Cancelling Assessments for Property at 1505 37th Avenue. Motion by Hentges, second by
Norberg to waive the reading of the resolution there being ample copies available to the public. Roll call: All
ayes.
RESOLUTION 82-70
BEING A RESOLUTION CANCELLING ASSESSMENTS
WHEREAS, the property known and described as:
West 1/2 of Lot 3, Block 16, Auditor's Subdivision of Walton's Sunny Acres Third (Subject to road and utility
easement over West 30') PIN 36 30 24 34 0028 was assessed $149.04 for local improvements No. 770
AND WHEREAS,
was not benefitted by the full amount designated in the original levy of said improvement No. 770 seal coat:
BE IT THEREFORE RESOLVED, by the City Council of the City of Columbia Heights, that the City Clerk be and he
is hereby authorized and directed to strike from Local Improvement No. 770, the excess amount charged against the
property at 1505 37th Avenue NE in the amount of $99.36, leaving the balance of $49.68 levied.
Passed this 27th day of December, 1982.
Offered by: Hentges
Seconded by: Hovland
Roll Call: All ayes
Jo-Anne Student, Council Secretary
B.
Bruce G. Nawrocki, Mayor
Resolution 82/71 Regarding Labor Agreement, I.U.O.E. Local No. 49
The City Manager addressed changes made in this agreement. Motion by Hentges, second by Petkoff to waive
the reading of the resolution there being ample copies available to the public. Roll call: All ayes.
Regular Council Meeting
December 27, 1982
page 2
RESOLUTION 82-71
REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OP-
ERATING ENGINEERS, LOCAL NO. 49
BE IT HEREBY RESOLVED by the City of Columbia Heights, that
WHEREAS, negotiations have proceeded between the International Union of Operatin~ Ena-
ineers, Local No. 49 representing members of the Public Works Department, and the Met-
ropolitan Area Management Association Communities, and said negotiations have resulted
in a mutual)y acceptable contract for calendar years 1983 and 1984,
NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is here-
by established as the wages and fringe benefit program for calendar year 1983, with a wage
and employer insurance contribution reopener for calendar year 1984 for International Un)on
of Operating Engineers bargaining unit employees of the Columbia Heights Public Works Dep-
artment.
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this
agreement.
Passed this 27th day of December, 1982.
Offered by: Hentges
Seconded by: Hovland
Roll call: All ayes
Bruce G. Nawrocki, Mayor
Secretary to the Council
c. Resolution 82-72 Regarding Labor Agreement, AFSCME, Council No. )4
This agreement is for two years with wages and fringe benefit items negotiated for )983
and a reopener for 1984 for wages and employer insurance contributions only.
Motion by Norberg, second by Petkoff to waive the reading of the resolution there being
ample copies available to the public. Roll call: All ayes
RESOLUTION 82-72
REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL NO. 14, LOCAL NO. 495
WHEREAS, negotiations have proceeded between the American Federation of State, County and
Municipal Employees, Council No. )4, Local 495 representing clerical and technical employ-
ees of the City and members of the City negotiating team, and said negotiations have re-
sulted in a mutually acceptable contract for calendar years 1983 and 1984;
NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is here-
by established as the salary and fringe benefit program for calendar year )983, with a
salary and employer insurance contribution reopener for calendar year 1984 for AFSCME
bargaining unit employees of the City; and
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agre-
ement.
Passed this 27th day of December, 1982.
Regular Council Meeting
December 27, 1982
page 3
Offered by:
Seconded by:
Roll call:
'Petkoff
Hovland
Hovland, Petkoff, Nawrocki--aye
Hentges, Norberg--nay
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
d. Resolution 82-73 Supporting Nuclear Weapons Freeze Negotiations
A substitute resolution was presented by the Mayor with changes by Councilman Mentges for
a resolution passed at the December 13th Council meeting regarding nuclear weapons freeze.
Motion by Nawrocki, second by Norberg to reconsider resolution on nuclear weapons freeze.
Roll call: All ayes RESOLUTION 82-73
RESOLUTION SUPPORTING NUCLEAR WEAPONS FREEZE NEGOTIATIONS
WHEREAS, we view the continous build-up of nuclear weapons with great alarm; and
WHEREAS, we are concerned that such a build-up makes nuclear war or accidental explosion
more likely; and
WHEREAS we further recognize that the citizens of our community, our country, and the
entire world, suffer great physical, economic, social and psychologlcal harm if
a nuclear attack were to occur anywhere in the world; and
WHEREAS, we believe that a halt in the testing, productions and deployment of nuclear
weapons would reduce the danger of nuclear accident or nuclear war, and would
be a first step towards disarmament.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights urge
the Government of the United States to propose to the Government of the Soviet
Union that both countries agree to immediately halt the testing, production, and
further deployment of all nuclear weapons in a way that can be checked and ver-
ified by both sides.
Passed this 27th day of December, 1982
Offered by: Nawrocki
Seconded by: Hentges
Roll call: Hov!and, t~etkoff, Hentges, Nawrocki--aye Norberg--abstain
Mayor Nawrocki read the resolution.
e. Resolution 82-69 Authorizing the Issuance of Single Family Mortgage Revenue Bonds
The revenue bonds will be sold on a joint basis with three other cities, Brooklyn Center,
Robbinsdale, amd ;~oorhead. Representatives from Miller and Schroeder and from the City's
bond counsel, Holmes and Graven, addressed items in the resolution as did the Director
of the HRA, Roger Jensen. Councilman Norberg felt he could not support this resolution
and expressed he thought it had no valid public purpose and no benefit to the City. Mayor
Nawrocki noted he felt this resolution was worthy of support by the Council in that it made
available means to purchase affordable housing to citizens of the community.
Motion by Norberg, second by Hovland to waive the reading of the resolution there being ample
copies available to the public. Roll call: All ayes
RESOLUTION 82-69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, AUTHORIZING THE ISSUANCE
OF SINGLE FAMILY MORTGAGE REVENUE BONDS, IN THE AGGREGATE PRINCIPAL AMOUNT OF $31,758,O00,
WHICH BONDS AND THE INTEREST AND PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES
OF THE PROGRAM; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF
TRUST; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AU-
THORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; AUTHORIZING
THE PURCHASE OF MORTGAGE LOANS AND THE CONTRACTIttG FOR THE ORIGINATION THEREOF PURSUANT TO
Regular Council Meeting
December 27, 1982
page 4
TO THE PROGRAM; AUTHORIZING THE CONTRACTING FOR SERVICING THE MORTGAGE LOANS AND FOR PRO-
GRAM; AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT FOR THE ISSUANCE OF THE BONDS;
APPROVING A PRELIMINARY OFFICIAL STATEMENT AND A FORM OF FINAL OFFICIAL STATEMENT AND PRO-
VIDING FOR THE SECURITIES, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS.
WHEREAS, the City of Columbia Heights, Minnesota (the "City") is a home rule charter city
duly organized and .existing under the Constitution and laws of the State of Minnesota; and
WHEREAS, the City, together with the City of Brooklyn Center, Minnesota, The City of Moor-
head, Minnesota and the Housing and Redevelopment Authority in and for the City of Robbins-
dale, Minnesota (collectively, the "Issuers"), desires to issue revenue bonds for the fin-
ancing of housing within its boundaries; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended (the "Act") and Minnesota Statutes, Section
~71.59 (the "Joint Powers Act"), the Issuers are authorized to jointly carry out the public
purposes described therein and contemplated thereby in the financing of housing within each
of their boundaries, by acquiring home mortgage loans (the "Mortgage Loans"), by issuing
revenue bonds to carry out such financing and by pledging the Mortgage Loans and any agre-
ements made in connection therewith as security for the payment of the principal of and
interest on any such revenue bonds (the "Program"), and
WHEREAS, the City developed a Housing Plan pursuant to and in conformity with the Act and
on September 22, 1980, held a public hearing thereon after one publication of notice in a
newspaper circulating generally in the City; and
WHEREAS, the Single Family Mortgage Revenue Bond Program (the "Housing Program"), constitu-
ting a separate section of the Housing Plan for which an issue of revenue bonds or obligat-
ions was proposed, was developed by the City and made a part of the Housing Plan; and
WHEREAS, the Metropolitan Council favorably reviewed the Housing Program on November 18,
1982, and forwarded its comments to the City; and
WHEREAS, the Act requires approval of the Housing Program by the Minnesota Housing Finance
Agency (the "Agency"), which approval was given on September 23, 1982; and
WHEREAS, pursuant to the Act, the State Housing Act, the Joint Powers Act and the Indenture
of Trust (the "Indenture"), dated December 29, 1982 between the Issuers and the First
Trust Company of St. Paul, St. Paul, Minnesota (the "Trustee"), the Issuers propose to
undertake the Program, and for the financing thereof, to authorize, issue and sell jointly,
the Single Family Mortgage Revenue Bonds, ~eries 1982 in the aggregate principal amount
of $31,758,000 payable solely from the revenues of the Program (the "Bonds"); and
WHEREAS, the Program will be administered and the Mortgage Loans serviced on behalf of the
Issuers and the Trustee by Banco Mortgage Company, an Iowa corporation (the "Program Ad-
ministrator'') pursuant to a Program Administration and Servicing Agreement (the "Program
Administration Agreement") by and between the Issuers, the Trustee and the Program Adminis-
trator; and the Mortgage Loans will be originated and sold to the Issuers by various lend-
ing institutions (the "Originators") pursuant to Mortgage Origination and Sale Agreements
(the "Origination Agreements") by and among each Originator, the Issuers, the Program Ad-
ministrator, and accepted by the Trustee and pursuant to Builder-Developer Commitment Agre-
ements by and among the Builder-Developers, the Originators, and the various Issuers (the
"Bui]der-Developer Commitment Agreements"); and said agreements (collectively the "Agre-
ements'') will be duly executed by the parties thereto; and
WHEREAS, neither City nor any of the Issuers nor the State of Minnesota or any political
subdivision thereof (other than the City) shall be liable on the Bonds, and the Bonds shall
not be a debt of the City, the Issuers, the State of Minnesota, or any political subdivision
thereof (other than the City), and in any event shall not give rise to a charge against
general credit or taxing power of the City, the Issuers, the State of Minnesota, or any
political subdivision thereof (including without limitation the City), and shall not be
payable out of any funds or properties other than those of the City provided as security
by the Indenture:
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINN-
SOTA, THAT:
P~gular Councll Meeting
December 27, 1982
page 5
Section 1. The City Council of the City acknowledges, finds, determines, and declares that
the preservation of the quality of life in the City is dependent upon the maintenance, pro-
vision, and preservation of an adequate housing stock, that accomplishing this is a publlc
purpose, and that many would-be purchasers or providers of housing units in the City are
either unable to afford mortgage credit'at present market rates of interest or are unable
to afford mortgage credit at present market rates of interest or are unable to obtain mort-.
gage credit because the mortgage credit market is severely restricted.
Section 2. The City Council of the City further finds, determines, and declares that the
purpose of the Program is to purchase Mortgage Loans made to finance the purchase of owner-
occupied single-family housing units located anywhere within the boundaries of the City,
for occupancy primarily by persons of low and moderate income.
Section 3. For the purpose of financing the Program there is hereby authorized the Issuance
of $31,758,000 Single Family Mortgage Revenue Bonds 5eries 1982 (the "Bonds") issued joint-
ly with the City of Brooklyn Center, Minnesota, the City of Moorhead, Minnesota and The
Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota. The Bonds
shall bear interest at such rates, shall be in such denomination, shall be numbered, shall
be dated, 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 by the Indenture and
the 0fficial Statement hereinafter referred to.
Section h. The Bonds shall be special obligations of the Issuers payable solely from the
revenues of the Program, in the manner provided in the Indenture. The City Council of the
City hereby authorized and directs the Mayor of the City (the "Mayor"), and the City Man-
ager of the City (the "City Manager") to execute, and the Clerk-Treasurer of the City (the
"Clerk-Treasurer") to attest, under the corporate seal of the City, the Indenture by and
between the Issuers and the Trustee, and to deliver to said Trustee the Indenture, and here-
by authorized 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 bondholders, the Issuers, and the Trustees as set
forth therein.
All of the provisions of the Indenture, when executed as authorized herein, shall be deemed
to be a part of this resolution as fully and to the same extent as if incorporated verbatim
herein and 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 this City Council on the date
hereof, and is hereby approved, with such necessary and appropriate variations, omissions,
and insertions as are not materially inconsistent with such form and as the City Manager
shall determine, provided that the execution thereof by the City Manager shall be conclusive
evidence of such determination.
Section 5. The Mayor and City Manager are hereby authorized and directed to execute and
the Clerk-Treasurer is hereby authorized and directed to attest to such execution and de-
liver the Bond Purchase Agreement (the "Underwriting Agreement") from Miller and Schroeder
Municipals, Incorporated (the "Underwriter"). All of the provisions of the Underwriting
Agreement, when executed and delivered as authorized herein, shall be deemed to be a part
of this resolution as fully and to the same extent as if incorporated verbatim herein and
shall be in full force and effect from the date of execution and delivery thereof. The
Underwriting Agreement shall be substantially in the form on file with this City Council
on the date hereof, and is hereby approved, with such necessary and appropriate variations,
omissions, and insertions as are not materially inconsistent with such form and the City
Manager shall determine; provided that the execution thereof by the City Manager shall be
conclusive evidence of such determination.
Section 6. The Mayor and City Manager are hereby authorized and directed to execute (and
the Clerk-Treasurer is hereby authorized to attest to such execution) and deliver the
Origination Agreements with all of the mortgage lending institutions which delivered exec-
uted Origination Agreements to the Issuers in accordance with the instructions of the Issuers
and, when executed and delivered as authorized herein, the Origination Agreements shall be
deemed to be a part of this resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution and delivery
Regular Council Meeting
December 27, 1982
page 6
thereof. The Origination Agreements shall be substantially in the form on file with this
City Council ~n the date hereof, which is hereby approved, with such necessary variations,
omissions, and insertions as are not materially inconsistent with such form and as the
City Manager shall determine; provided that the execution thereof by the City Manager shall
be conclusive evidence of such determination.
The Mayor and City Manager are hereby authorized and directed to execute (and its Clerk-
Treasurer is hereby authorized and directed to attest to such execution) and accept the
Builder-Developer Commitment Agreements with ali of the Builder-Developers and Originators
which delivered executed Builder-Developer Commitment Agreements to the City in accordance
with the instructions of the City and, when executed and delivered as authorized herein,
the Builder-Developer Commitment Agreements shall be deemed to be a part of this resolution
as fully and to the same extent as if incorporated verbatim herein and shall be in full
force and effect from the date of execution and deliver thereof. The Builder-Developer
Commitment Agreements shall be substantially in the form on file with this City Council
on the date hereof, and are hereby approved, with such necessary variations, omissions,
and insertions as are not materially inconsistent with such form and as the City Manager
shall determine; provided that the execution thereof by the City Manager shall be con-
clusive evidence of such determination.
Section 7. The Mayor and City Manager are hereby authorized and directed to execute (and
the Clerk-Treasurer is hereby authorized and directed to attest to such execution) and
deliver the Program Administration Agreement and, when executed and delivered as author-
ized herein, the Program Administration Agreement shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated verbatim herein and shall be
in full force and effect from the date of execution and delivery thereof. The Program
ministration Agreement shall be substantially in the form on file with this City Council
on the date hereof, and is hereby approved, with such necessary variations, omissions, an0
insertions as are not materially inconsistent with such form and as the City Manager shall
determine; provided that the execution thereof by the City Manager shall be conclusive
evidence of such determination.
Section 8. The Mayor and City Manager are hereby authorized and directed to execute (and
the City Clerk to attest) and deliver the Joint Powers Agreement between and among the
Issuers, providing for a joint housing program and the joint issuance of the Bonds, and,
when executed and delivered as authorized herein, the Joint Powers Agreement shall be in
full force and effect from the date of execution and delivery thereof. The Joint Powers
Agreement shall be substantially in the form which is on file with this City Council, which
is hereby approved, with such necessary and appropriate variations, omissions and insertions
as are not materially inconsistent with such form and as the City Manager shall determine;
provided that the execution thereof by the City Manager shall be conclusive evidence of
such determination.
Section 9. The City Council of the City hereby approves the Investment Agreement to be ex-
ecuted by the Trustee and The First National Bank of St. Paul, providing for the investment
of moneys held by the Trustee, and when executed and delivered as authorized herein, the
Investment Agreement shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated herein. The Investment Agreement shall be substantially in
the form which is on file with this City Council, which is hereby approved, with such nec-
essary and appropriate variations, omissions, and insertions as are not materially incon-
sistent with such form and as the City Manager shall determine.
Section 10. The City Council of the City hereby approves the Letter of Credit to be executed
and delivered on behalf of the Underwriter by The First National Bank of St. Paul to the
Trustee (and accompanying documents), and, when executed and delivered as authorized here
the Letter of Credit shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated herein. The Letter of Credit shall be substantially in the
form which is on file with this City Council which is hereby approved, with such necessary
and appropriate variations, omissions and insertions as are not materially inconsistent
with such form and as the City Manager shall determine.
'Regular Council Meeting
· December 27, 1982
page 7
Section 11. Al1 covenants, stipulations, obligations, representations, and agreements of
the City contained in this resolution or contained in the Indenture or other documents re-
ferred to above shall be deemed to be the covenants, stipulations, obJigations, represent-
ations, and agreements of the City to the full extent authorized or permitted by law, and
all such covenants, stipulations, obligations, representations, and agreements shall be
binding upon the City. Except as otherwise provided in this resolution, all rights, powers,
and privileges conferred, and duties and liabilities imposed, upon the City or the City
Council members thereof by the provisions of this resolution or of the Indenture or other
documents referred to above shall be exercised or performed by the City, or by such members,
officers, board, body, or agency as may be required or authorzed by law to exercise such
powers and to perform such duties. No covenant, stipulation, obligations, representation,
or agreement herein contained or contained in the Indenture or other documents referred to
above shall be deemed to be a covenant, stipulation, obligation, representation, or agre-
ement of any officer, agent, or employee of the City in that person's individual capacity
and neither the members of the City Council of the City nor any officer or employee execu-
ting the Bonds shall be liable personally on the Bonds or be subject to any personal lia-
bility or accountability by reason of the issuance thereof.
Section 12. Except as herein otherwise expressly provided, nothing in this resolution or
in the Indenture, expressed or implied, is intended or shall be construed to confer upon
any person, firm, or corporation other than the City, the holders of the Bonds, and the
Trustee any right, remedy, or claim, legal or equitable, under and by reason of this
resolution or any. provision hereof or of the Indenture or any provision thereof, this
resolution, the Indenture and all of their provisions being intended to be and being for
the sole and exclusive benefit of the City and the holders from time to time of the Bonds
issued under the provisions of this resolution and the Indenture.
Section l). In case any one or more of the provisions of this resolution or of the Indent-
ure or of the Bonds issued hereunder shall for any reasons be held to be illegal or invalid,
such illegality or invalidity shall not affect any other provision of this resolution or of
the Indenture or of the Bonds, but this resolution, the Indenture, and the Bonds shall be
construed as if such illegal or invalid provision had not been contained therein. The terms
and conditions set forth in the Indenture, and pledge of collateral derived from the Program
referred to in the Indenture, the creation of the funds provided for in the Indenture,
the provisions relating to the application of the proceeds derived from the sale of the Bonds
pursuant to and under the Indenture, and the application of said revenues, collateral, and
other monies are all commitments, obligations, and agreements on the part of the City con-
tained in the Indenture, and the invalidity of the Indenture shall not affect the commit-
ments, obligations, and agreements on the part of the City to create such funds and to
apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the
manner, and according to the terms and conditions fixed in the Indenture, it being the in-
tention hereof that such commitments on the part of the City are as binding as if contained
in this resolution separate and apart from the Indenture.
Section lq. Ali acts, conditions and things required by 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 Indenture and the other documents referred to above to happen, exist,
and be performed precedent to and in the enactment of this resolution, and precedent
to the issuance of the Bonds, and precedent to the execution of the Indenture and the
other documents referred to above have happened, exist, and have been performed as so
required by law.
Section 15. The City Council of the City, officers of the City, and attorneys and other
agents or employees of the City are hereby authorized to do all acts and things required
of them by or in connection with this resolution and the Indenture and the other documents
referred to above, and this resolution.
Section 16. The City hereby approves the Preliminary Official Statement, dated December
10, 1982, relating to the Bonds, and ratifies the distribution thereof by the Underwriter.
The City hereby approves the form and authorizes the use by the Underwriter in connection
with the sale of the Bonds of the Final Official Statement, which shall be substantially
Regular Council Meeting
December 27, 1982
page 8
in the form on file on the date hereof with the City Council with such necessary variations,
omissions and insertions as are not materially consistent with such form; provided that the
execution thereof by the Mayor shall be conclusive evidence of such determination. The City
hereby authorizes and directs the Mayor to execute and deliver copies thereof, containing
such variations, omissions and insertions, to the Underwriter. The Preliminary Official
Statement and the Final Official Statement are the sole materials authorized by the City
for use in connection with the offer and sale of the Bonds.
Section 17. The City Manager and any designee of the City Manager of the City are hereby
designated and authorized to execute the Officer's Certificates, as defined in the Indent-
ure, and to take such other administrative action as is permitted or required by the Ind-
enture, the Origination Agreements, the Program Administration Agreement, and the Joint
Powers Agreement.
Section 18. The Mayor and City Manager of the City are authorized and directed to execute
(and the Clerk-Treasurer to attest) and deliver any and all certificates, agreements or
other documents which are required by the Indenture, the Origination Agreements, or any
other certificates or documents which are deemed necessary by bond counsel to evidence
the validity or enforceability of the Bonds, the Indenture or the other documents referred
to in this Resolution, or to evidence compliance with Section 103A or Section 103(c) of
the Internal Revenue Code, as amended; and all such agreements or representations when made
shall be deemed to be agreements or representations, as the case may be, of the City.
Section 19. If for any reason the Mayor of the City is unable to execute and deliver those
documents referred to in this Resolution any other member of the City Council of the City
may execute and deliver such documents with the same force and effect as if such documents
were executed by the Mayor. If for any reason the City Manager or Clerk-Treasurer of the Ci
is unable to execute and deliver the documents referred to in this Resolution, such doc-
uments may be executed and delivered by any other member of the City Council with the same
force and effect if such documents were executed and delivered by the City Manager or
Clerk-Treasurer of the City.
Section 20. This action of the City Council shall be in full force and effect from and
after its passage.
PASSED AND APPROVED this 27th day of December, 1982.
Offered by:
Seconded by:
Roll call:
Petkoff
Hovland
Hovland, Petkoff, Hentges, Nawrocki--aye
Norberg--nay
Bruce G. Nawrocki
Mayor
City of Columbia Heights, Mn.
Attest:
Jo-Anne Student
Secretary to the Council
6. Communications
a. Traffic Commission
1. Intersection--37th Avenue & Hart Boulevard
Motion by Hentges, second by Hovland that a pedestrian crosswalk be painted on 37th Avenue
just west of 37th Place and that signs be installed; and furthermore, that a letter.be for-
warded to the City of Minneapolis for concurrence. CounCilman Norberg stated that he had
serious reservations about painting a crosswalk as it may give pedestrians a false sense of
security. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay
~egular Council Meeting
December 27, 1982
page 9
2. Parking Restrictions on 41st Avenue from Central to LaBelle Park
Motion by Hentges, second by Hovland, upon recommendation of the Traffic Commission, that
parking be restricted west of the 24' curb cut to the shopping center on both sides with
the restriction to be "no parking anytime"; and furthermore, that the cul-de-sac on the
east end of 41st at LaBelle Park be restricted to "no parking anytime"; and that this entire
parking restriction be reviewed after the shopping mall has been operation for six months.
Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay
b. Insurance Commission
1. City Insurance Renewals
The Insurance Commission recommended that the City retain Home Insurance Company whose pre-
miums will be the same as those charged in 1982.
Motion by Hentges, second by Petkoff to authorize the City Manager to purchase 1983 insur-
ance coverage from Home Insurance Company for the following policies: fire and general
liability, automobile coverage, and workers compensation; at a premium not to exceed
S1~6.418. Roll call: All ayes
2. Payment to Insurance Commission Chairman
An increase in the payment ot the Insurance Commission Chairman had been discussed prev-
iously by the Council. Councilman Norberg noted that he saw results as soon as the Com-
mission was established, some of those results being; reduction in rates, more coordination
in the flow of insurance information, etc.
Motion by Norberg, second by Hovland that the payment of $1,200 a year be made to the Chair-
man of the Insurance Commission.
Motion by Nawrocki, second by Hentges to table this matter for further information. Roll
call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay
c. League of Minnesota Cities-Scheduled Meetings to Discuss Local Government Aid-January
14 & 15
This was an informational item. The City Manager gave out copies of a letter received from
the League of Minnesota Cities regarding policy recommendations.
d. Metropolitan Waste Control Commission
Members of the Council received from the Mayor a copy of the Joint Use Rental Agreement with
the Metropolitan Waste Control Commission regarding the Hilltop sewage disposal.
e. City Manager's Award from the ICMA
Mayor Nawrocki presented to Robert Bocwinski, City Manager, an award received from the Inter-
national City Managers' Association for ten years of service.
7. Old and New Business
a. Old Business
1. Agreements Between the Housing and Redevelopment Authority, the City of Columbia
Heights, Anoka County and Dragon House Restaurant
Copies of the conditions, as stipulated by the Council at a meeting on September 13, 1982,
were passed out to the Council members by the Director of the HRA, Roger Jensen. The City
Attorney advised the Council of the amended legal description of the property in the agre-
ement.
ion by Norberg, second by Hentges to authorize the Mayor and City Manager to enter into
agreement between Anoka County and the City of Columbia Heights and the Housing and
Redevelopment Authority for the transfer of land to be sold to the Dragon House Restaurant.
Roll call: Ali ayes
Regular Council Meeting
December 27, 1982
page 10
Redevelopment Contract Between the Housing and Redevelopment Authority and the Dragon
Restaurant
The total square footage being sold and the total selling price as cited in the Redevelop-
ment Contract were discussed.
Motion by Norberg, second by Petkoff to concur in the Contract as proposed. Roll call: All
ayes
2. Request of Midwest Federal to Exchange Property with the City of Columbia Heights for
Parcels Located on Circle Terrace
Midwest Federal requested to exchange 812 square feet of property located at 1301-1303
Circle Terrace provided that the City exchange 812 square feet of property along the south
property line of 1301-1303 Circle Terrace. Since this is LaBelle Park property, it would be
necessary to seek to eliminate park dedication in order to provide for this exchange. Some
members of the Council this exchange should be a matter of a 'sale'.
Motion by Petkoff, second by Hovland to authorize the City Attorney to proceed with the ex-
change of 812 square feet between the City of Columbia Heights and Midwest Federal; and
furthermore, that the City Attorney seek elimination of the park dedication problem assoc-
iated with land to be transferred. Roll call: Hovland, Petkoff--aye Norberg, Hentges,
Nawrocki--nay Motion fails
The City Engineer was requested to pursue the appraisals.
3. Reflecting Metropolitan Waste Control Commission Costs on City Utility Billing
The Suburban Rate Authority had recommended that our utility billing reflect the charges
that result from the costs to the City for the MWCC. The Finance Director advised in a
memo that to implement this suggestion would be very costly and suggested that the in-
clusion of a note in the sewer utility billings would accomplish the same end.
Motion by Norberg, second by Petkoff that the City Manager be directed to have notes sent
out in utility billings that reflect that portion of our rate which is attributed to the
expenses passed onto the City by the Metropolitan Waste Control Commission. Roll call:
All ayes .
4. Street Lighting Program
Councilman Norberg requested that the Council make a response to the Science, Technology,
and Energy Commission regarding the Street Lighting Program as proposed and researched by
the Commission.
b. New Business
1. Request to Attend Conference
Motion by Hentges, second by Norberg to authorize the attendance of Linda Magee, Administr-
ative Assistant, at "Arbitration: Preparing and Presenting Your Case", January 31-February
2, 1983 at the Earle Brown Center; and furthermore, that costs not to exceed $290 be re-
imbursed. Roll call: All ayes
2. Parking Ramp and Pedestrian Walkway
Motion by Hentges, second by Hovland that the City Council accept the parking ramp and
pedestrian walkway and the deed therefor from the Housing and Redevelopment Authority
as presented. A copy of this deed and a memo regarding it had been received from the
City Attorney by the Council. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--
abstain
3. Bids Received for Repair of McKenna Park Activity Building
Motion by Norberg, second by Hentges to authorize the expenditure of $12,900 to Hobco
General Contractors of Minneapolis for the installation of new gabled roof for the Mc-
Kenna Park Building with $6~900 of the $12,900 to be transferred from Sullivan Lake Un-
Allocated Funds; and furthermore, that the Mayor and City Manager be authorized to execute
a contract with Hobco General Contractors for the above installation. It was noted that
$6,000 was approved for this item in the 1982 budget. Roll call: All ayes
Regular Council Meeting
· December 27, 1982
page 11
h. Sullivan Lake Dumping
Councilman Hentges noted that he had seen materials being dumped into Sullivan Lake by the
City of Frldley. He inquired where the City of Fridley had gotten permission to dump their
overflow into the Lake. The City Engineer said he would check out agre~nents with Fridley
as he understood both Columbia Heights and Fridley could use the lake.
5. Traffic Controls at Central Avenue and 52nd Avenue
A letter was received by the City Engineer from the Minnesota Department of Transportation
advising him that the Department was designing a permanent traffic control signal system
for Central and 52nd Avenues. The letter advised the City of what maintenance provisions
they were proposing for Columbia Heights and requested the City's decision on these pro-
posals. It was noted by the City Engineer that this signal system was not a result of a
request from either Columbia Heights or Fridley but the result of a study done by the
Minnesota Department of Transportation.
Motion by Hentges to refer this matter to the Traffic Commission. Motion dies for lack of
a second.
Motion by Norberg, second by Hovland to table this matter. Roll call: Hovland, Petkoff,
Norberg--aye Mentges, Nawrocki--nay
6. Refuse Service--3940 Peters Place
Notion by Norberg, second by Hentges to establish the following multiple dwelling service
rate for garbage and refuse removal:
2 2-yard vats with I pickup per week-- $45.00/month
2 2-yard vats with 2 pickups per week-- $82.50/month
Roll call: All ayes
7. Public Works Buildlngs Security System
A request had been made by the Public Works Department to tighten the security system
,n some of the Department's buildings (Murzyn Hall, park buildings, service center, etc.)
rekeying all of the various buildings with new security locks. After some discussion,
the Council decided to authorize rekeying for just the service center. It was the consensus
of the Council they would determine if this security measure was successful before author-
ization for rekeying other buildings was given.
Motion by Hentges, second by Norberg to authorize the expenditure of $1,5q0.00 for the re-
keying of the service center, with the funding coming from the Maintenance budget. Roli
call: All ayes
Councilman Norberg requested that the locks and keys that are removed be kept in the City's
inventory.
8. Reports
a. Report of the City Manager
This report was presented in written form. One item, the special assessment levied against
the Post Office is being pursued by the City Attorney. It was also noted that the company
who has the rubbish hau)ing contract for the City, MCS Refuse, Inc. was recently purchased
by Waste Management, Inc. It is the understanding of the City Manager that Waste Management,
Inc. will assume the terms and conditions of the City's refuse service contract.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
Regular Council Meeting
December 27, 1982
page 12
Licenses
Motion by Norberg to grant the license applications to only those who have signed a waiver
form subject to payment of proper fees and not waive the Columbia Heights Jaycees fee. ~
Motion dies for lack of a second.
Motion by Hentges, second by Hovland to grant the licenses as listed upon payment of pro-
per fees and waive the fee for the Columbia Heights Jaycees, and, furthermore, approve
the fourth page of licenses as submitted by the Licensing Department and recommended for
approval by the Building Inspector. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye
Norberg--abstain
10. Payment of Bills
Motion by Petkoff, second by Hovland to pay the bills out of proper funds. Roll call:
Hovland, Petkoff, Hentges, Nawrocki-aye Norberg--abstain
Motion by Norberg, second by Petkoff to adjourn the meeting atf j m. : yes
Nawrocki, Mayor
/Ann~ 'Studenl~, Counc'J~-~ecretary