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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