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HomeMy WebLinkAboutOct 25, 1982OFFICIAL PROCEEDINGS COLUMUIA HEIGHTS CITY COUNCIL REGULAR MEETING CTOBER 25, 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 Ken Rice of the Community United Methodist Church. 9' Minutes of Previous Meetings Motion by Hentges, second by Hovland to approve the minutes of the September lqth Board of Trustees-Firefighters Relief Association; the October 12th Regular Councll Meeting; and the October 13th Board of Trustees-Firefighters Relief Association as presenLed in writing and that the reading be dispensed with. Roll call: All ayes q. Oral Petitions A resident expressed concern with the placement of a driveway on his property. This resident discussed the alternatives available for satisfying his concern with the City Engineer. Pastor Ken Rice requested information regarding parking restrictions and traffic patterns planned for Gould Avenue. Councilman Hentges advised the Council of the specifices of this matter that have been considered by the Traffic Commission. There is a public hearing sched- uled for Monday, November 1st for the Traffic Commission that will address this matter. A third resident requested clarification on the ordinance that deals with public nuisances, Ordinance No.1005. Ordinances and Resolutions a. Second Reading of Ordinance No.iOO6 Disposal of Weapons Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes This ordinance had been amended since its first reading to reflect concerns raised by the Council. The Police Chief is presently preparing an inventory in the possession of the Pol- ice Department and advised the Council that the quantity of lost, found or confiscated wea- pons would not warrant a sale or trade very often. ORDINANCE NO. 1OO6 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE DISPOSAL OF WEAPONS The City Council of the City of Columbia Heights does ordain: Section 1: Section IO.307(3) of Ordinance NO. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "The Columbia Heights Police Department may impound any weapon which is used in violation of Section 10.107(1) or Section 10.307(2) of this Ordinance, or Minn- esota Statute 5609.66, which comes into its possession as 1DSt and found property, or which otherwise comes legally into its possession." Section 2: Section 10.307(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "The weapon may be surrendered to the rightful owner upon such owner furnishing Regular Council Meeting October 25, 1982 page 2 Section 3: proof of ownership and providing that no charges are pending against the right- ful owner arising from the possession or use of that weapon and providing that the rightful owner is otherwise entitled to the return of the said weapon." Section 10.307(5) of Ordinance No.853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: Section 4: "Any weapon impounded by the City and which remains unclaimed by the owner for a period of sixty (602 days may be sold or otherwise disposed of as approved by the City Council following t~e (10) days published notice in the legal newspaper of the City prior to such sale or other disposal." Section 10.307(6) of Ordinance NO. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: Section 5: "All proceeds realized from the sale or disposal of impounded weapons shall either be deposited in the general fund of the City or, if approved by the City Council, traded for other equipment for the Police Department. Upon furnishing proof of ownership of a weapon which has been sold or otherwise disposed of pursuant to this section, the true owner thereof may recover an amount equal to the proceeds received from the sale of that weapon at the sale. If the wea- pon has been traded and a valid claim is made pursuant to this section, the City shall reimburse the owner of the weapon in an amount equal to the fair market value of the said weapon at the time of the trade. Any payments recovered here- under shall be made from the general fund. Provided, that no such owner may recover or bring any action to recover such payment unless such owner does so within a period of six months following the date of sale of the weapons." This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: October 12, 1982 October 25, 1982 October 25, 1982 Offered By: Norberg Seconded By: Petkoff 'Roll Call: All ayes b. Second Reading of Ordinance No. 1023 Traffic Visibility Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes This ordinance had been amended to include alley and alley intersections. ORDINANCE NO. I023 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO TRAFFIC VISIBILITY The City Council of the City of Columbia Heights does ordain: Section i: Section 9.104(7) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.104(7) Traffic Visibility-Street Intersections On the corner lots within the required front yard, no planting or construction in excess of 30 inches above the abutting curb line shall be permitted within a triangular area as defined as follows: beginning at the intersection of the projected curb line of two intersecting streets, thence 30 feet alone one curb '. 'Regbl&r Council Meeting October 25, 1982 page 3 line, thence diagonally to a point 30 feet from the point of beginning on the curb line, thence to point of beginning. Traffic Visibility-Street and Alley Intersections At all entrances from public alleys onto public streets and within the required from and side or rear yard, no planting or construction in excess of 30 Inches above the abutting curb line shall be permitted within an area on either side of the entering alley and defined as follows: beginning at the point of inter- section of the projection of the alley right-of-way and the back of the street curb; thence along said point on said alley right-of-way line and 15 feet from said back of curb; thence 15 feet to point of beginning." is herewith amended to read as follows, to-wit: "9.104(7) Traffic Visibility-Street Intersections On the corner lots within the required front yard, no planting or construction in excess of 30 inches above the abutting curb line shall be permitted within a triangular area as defined as follows: beginning at the intersection of the projected curb line of two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the curb line, thence to point of beginning. Traffic Visibility-Street and Alley Intersections At all entrances from public alleys onto public streets and within the required front and side or rear yard, no planting or construction in excess of 30 inches above the abutting curb line shall be permitted within a triangular area defined as follows: beginning at the point of intersection, of the projection of the al- ley right-of-way and the back of the street curb, thence 15 feet along one curb line, thence diagonally to a point 15 feet along the alley right-of-way or of the projection of the alley right-of-way from the point of beginning, thence along said alley right-of-way or of the projection of the alley right-of-way to the point of beginning. Traffic Visibility-Alley and Alley Intersections At all entrances from public alleys onto other public alleys and within the re- quired front and side or rear yard, no planting or construction in excess of 30 inches above the nearest edge of the travelled right of way within the inter- section of the said alleys shall be permitted within a triangular area defined as follows: beginning at the point of intersection of the two alley right-of-way lines, thence 15 feet along one alley right-of-way line from the point of begin- ning, thence diagonally to a point 15 feet along the other alley right-of-way line from the point of beginning, thence along said other right-of-way line to the point of beginning. Provided, however, that structures existing within the the otherwise prohibited area in alley-alley intersections at the time of passage of this section may be contained as provided in Section 9.104(3) of this Code. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: October 12, 1982 October 25, 1982 October 25, 1982 Offered By: Norberg Seconded By: Hovland Roll Call: All ayes Regular Council Meeting October 25, 1982 page 4 c. First Reading of Ordinance No. 1021 Cable Con~nunications Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roil call: All ayes The Cable Communications Commission has reviewed this ordinance and recommends no changes. Mayor Nawrocki had questions regarding Section ll.120(3)(b) which addresses an application for a variance. He felt the time frame for reviewing an application and preparing a recom- mendation should be more clearly defined. The City Attorney said he would prepare a draft that would speak to this item. ORDINANCE NO. lO21 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CABLE COMMUNICATIONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 11.120 of Ordinance No. 853, City Code of 1977, passed June 2), 1977, which is currently reserved, shall hereafter read as follows, to-wit: 11.120 VAR lANCE PROCEDURE 11.120 (11 .Purpos.e It is the purpose of this ordinance amendment to establish a process that will enable the City and Grantee flexibility in the administration and enforcement of this Franchise without the need for costly ordinance amendments and delays. Because the term of this Franchise is lengthy, changes and modifications may be needed because of the rapid changes occurring in the cable communications industry. The Franchise and Grantee's Proposal are complex and subject to extensive regulation and it is not possible to delineate the numerous possible areas in which administrative action or an administrative variance shall be required. Therefore, except as otherwise provided for in this Franchise and Grantee's Proposal, where a specific provision permits a change, alteration or substi- tution, any change, alteration or substitution sba)) be made only after com- pliance with the provisions of this Section. 11.120(2) S~bjects of This Section that may be Considered Without Ordinance Amendment 1. Construction techniques) equipment, materials; and/or the design and deve- lopment of buildings, appurtenances, or other real or personal property in- cident to the cable system; 2. System design and configuration, technical standards, performance tests and maintenance procedures; 3. Services and programming tiers; 4. Public access or local origination equipment, personnel, facilities, and operating procedures; 5. Subscriber practices, including complaint procedures, subscriber contracts, repair service, and information to subscribers; and Regular Council Meeting October 25, 1982 page 5 Amounts of incurance, performance bonds, security deposits or letters of credit, and accrued interest. 11.120 (3) Procedure 11.120 (3)(A) Notice A notice pursuant to ~-11.103(5) shall be given by the City or Grantee or any change, alteration or substitution as required in Section 11.120(2). If notice is given by the City, the City Manager shall furnish notice to Grantee. 11.120(3)(B) Application Applications for variance shall be filed with the City Manager. The City Mana- ger shall forward the application to the chairperson of the Columbia Heights/ Hilltop Cable Communications Commission. The Commission shall review the ap- plication at the next scheduled Commission meeting and prepare written findings and recommendations concerning the application. 11.120(3) (C) Criteria The Commission shall consider the following: 1. The requested variance is a minor deviation from the Franchise and is con- sistent with the Franchise in the sole judgement of the City. 2. Application of the literal provisions of the Franchise will result in a hardship to the appllcant and to grant a variance would not be detrimental to other affected parties. 3. Due to expense or delay it would be unreasonable to perfect such change by ordinance amendment. 4. Undue delay, expense, or other adverse results will not occur by approval of the required variance. 5. If a variance is because of technical or cost reasons, the variance will result in equal or better technical standards or cost efficiency. 11.120(3)(D) Findings Requirement Before recommending that a variance be approved, the Commission must find that at least three (3) of the above five (5) criteria are met, and that the variance will not result in a deviation from the requirements of the MCCB, FCC or any other rule of law. i1.120(4) Council Approval The findings and recommendations of the Commission shall be forwarded to the City Council of the City affected by the variance. The Council shall approve the variance, deny the variance, or refer the application back to the Commission for further study. No variance request shall be effective until approved by the City Council of the City affected by the variance. Where both Cities are affected, a variance request shall not be effective until approved by both City Councils. The Grantee must consent to all variances. Regular Council Meeting October 25, 1982 page 6 Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 25, 1982 d. First Reading of Ordinance No. 1024 Hauling and Dumping of Snow Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes This ordinance, if adopted, will eliminate storage of snow on private property within the City that would be brought in from outside the City. The City Manager advised the Council that he will be reviewing this ordinance with the City Attorney and the City Engineer before its second reading. ORDINANCE NO. 1024 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO HAULING AND DUMPING OF SNOW The City Council of the City of Columbia Heights does ordain: Section 1: Chapter 6, Article X of Ordinance No. 853, City Code of )977, passed June 2), 1977, which currently is reserved shall hereafter read as follows, to-wit: CHAPTER 6 ARTICLE X BUILDING AND CONSTRUCTION SNOW HAULING AND DUMPING SectionC GENERAL PROVISIONS 6. 001 No person, firm, or corporation shall engage in the hauling and dumping of snow without a permit issued pursuant to the provisions of this chapter. No permits to engage in such activity shall be issued by the Building Inspector unless ap- proval is granted as is hereinafter set forth. (al Prior to the issuance of such permit, a statement from the applicant stating the amount of snow to be hauled and dumped and a description of the property on which the snow will be deposited must be submitted in duplicate to the Building Inspector. He shall arrange for a review of the information by the City Engineer and other appropriate departments of the City. (bi The application for a permit to haul and dump snow shall be on forms as may be prescribed by the Building Inspector and City Engineer. The ap- plicant shall furnish any other supporting data as may be required by such officials for the proper review of the plans. 6. 00l (2) The factors to be considered by such officials in deciding whether or not to issue a permit shall be the following: (al The amount of the snow to be hauled and dumped, (bi The location where the snow would be deposited, (c) The density of the snow to be dumped, (d) The effect of such deposit on the storm water drainage system of the City, Regular Council Meeting October 25, 1982 page 7 (el The effect of such deposit on adjoining or downstream private or public properties, and (fi The effect on the drainage system on adjoining downstream private or public properties in first removing the snow to be dumped to the extent that this effect is beneficial to the drainage system of the City or lands located within the City of Columbia Heights. 6. lOOl (3) The following activity shall be exempt from the requirements of this Article and shall require no permit: (al Hauling snow from or through the City if the subject snow is not deposited in the City, (bi Depositing or dumping snow in the City when such snow is not hauled by means of a wheeled vehicle, (c) Hauling and dumping of snow in such small quantities that the total amount hauled and dumped within any one year period is less than one cubic yard. 6.1001 (4) No person shall haul or dump snow other than in the manner or amount prescribed in the permit. 6.1001 (5) The hauling and dumping of snow shall constitute a building and construction act- ivity for purposes of this Chapter. (~m~ection 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 25, 1982 e. First Reading of Ordinance No. 1025 Pertaining to Signs This ordinance was drafted to address a sign variance for a sign located at q025 University Avenue for a day care cent=r. This ordinance would include "day care center licensed for twelve or more children" in the definition of an institution. When the sign was originally .installed it was legal but after the property was rezoned to accommodate the center and re- sidents living on the property the sign became illegal. Councilman Norberg felt this matter could be interpreted as special legislation in the guise of general legislation and is not supportive of this kind of activity. Discussion followed regarding the sign ordinance and this sign in particular. The ordinance did not receive a first reading and the City Attorney was requested to review the restrictions for R-3 and R-q zoning. f. First Reading of Ordinance No. 1026 Vacating an Alley This ordinance resulted from a request for an alley vacation of 14 feet in an alley located off of Third Street. The property owned by one of the two persons requesting this vacation has been used as a storage place for unregistered vehicles and debris. Requests to clean up this area have not resulted in a notable improvement was the observation of the Mayor. It had been recommended that the Planning and Zoning Commission and the Traffic Commission would be reviewing this ordinance before it had its second reading. Councilman Norberg felt this procedure was improper and that the two commissions should review the ordinance before it had a first reading and report their findings and give their recommendations first. The ord- inance was not read. Resolution 82-55 Authorizing the Issuance of General ObligaLion Bonds Regular Council Meeting October 25, 1982 page 8 Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes There was considerable discussion regarding the issuance of these bonds and of the City's rating. RESOLUTION 82-55 RESOLUTION AUTHORIZING THE ISSUANCE OF $2,550,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT FUND BONDS FOR 1982 PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY IN THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED, by the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City"), as follows: 1. That on the 23rd day of August, 1982, the Council carried out the first reading of Ordinance No. 1012 authorizing the publication of the Official Notice of Bond Sale of the $2,550,000 Gen- eral Obligation Permanent Improvement Fund Bonds of 1982 (the "Bonds"), and soliciting bids for the purchase of the Bonds. The Council carried out the second reading of Ordinance No. 1OI2 on the 13th day of September, 1982, and on that date adopted Ordinance No. 1012 on a vote of four to one. The Bonds have a term of three years and are being issued in anticipation of the issuance of definitive bonds. 2. That affidavits showing publication of notice of call for bids in the official newspaper of the City and in Commercial West have been examined and have been placed on file. The fol- lowing bids for the ~ale of the Bonds have been received: Bidder Interest Rate Net Interest Cost 3. After considering the bids received, It has been determined that the bid of The First National Bank of St. Paul to purchase the Bonds of the City, in accordance with the Notice of Bond Sale at the rates of interest hereinafter set forth, and to pay therefor the sum of $2,525,137.50 is hereby found, determined and declared to be the most favorable bid re- ceived, and is hereby accepted and the Boods are hereby awarded to said bidder. The City- Treasurer of the City (the "City-Treasurer") is authorized and directed to retain the de- posit of said bidder and to forthwith return the good faith checks or drafts to the un- successful bidder. The Bonds shall be payable as to principal and interest at The First National Bank of St. Paul in Saint Paul, Minnesota or any successor Paying Agent duly ap- pointed by the City. 4. The Bonds in negotiable coupon form shall be dated December l, 1982 and shall be is- sued forthwith. The Bonds shall be 510 in number and numbered from 1 to 510, inclusive, in the denomination of $5,000 each. The Bonds shall mature December 1,1985. 5. The Bonds are being issued for the purpose of providing funds to defray the costs of making various improvements (the "Improvements"), pursuanL to Sectior, 72 of the Charter of the CiLy, as ar~nded (the "Charcer"). Special assessments levied against benefited property pursuant to Chapter 8 of the Charter will be pledged to the payment of principal of, prem- ium, if any, and interest on the Bonds. In compliance with Minnesota Statutes, Section 475.58, the estimated collection of special assessments from the benefited property exceeds 20% of those cosats of the Improvements for which the Bonds are sold. The costs of the Improvements shall include the costs enumerated in Minnesota Statutes, Section 475.65, and it is estimated that said costs will be at least equal to the amount of the Bonds herein authorized. Work on the Improvements shall proceed with due diligence to completion. 6. That the Bonds of this issue shall bear interest, payable December 1, 1983, and semi- annually thereafter on June 1 and December 1 of each year, at the rate of 6.7% per annum. Regular Council Meeting October 25, 1982 page 9 ?. That the Bonds will be subJeet to redemption and prepayment at the option of the City in inverse order of serial numbers on Deoember 1, 1983, nta price equal to 100.5% of their prineipal amount and aeerued interest to the date of redemption, and on any interest payment date thereafter, at a price equal to 100% of their principal amount and accrued interest to the date of redemption. Published notice of redemption shall in each ease be g4ven in &ecordance with the law, and at least thirty (30) days_prior thereto marled notice of redemption shall be given to the paying agent where Bonds are payable, provided that published notice alone shall be effective without marled notice. Holders dasirin~ to receive marled notice must ragister their names, addresses and bond aerial numbers with the Clerk-Treasurer. 8. That the Bonds and interest coupons to be Issued hereunder shall be in substantially the followir~ form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS 'No. $5,000 .- $2,550,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT FUND TEMPORARY BONDS OF 1982 KNOW ALL PEOPLE BY THESE PRESENTS that the City of Columbia Heights, a duly organized and existing munieipal corporation in the County of Anoka, State of Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer upon presentation and surrender of this bond the principal sum of FIVE THOUSAND DOLLARS on the first day of December, 1985, or on any earlier date o~_ which it shall have_ been duly called for redemption, and to pay interest thereon from the date hereof until the principal sum is paid at the rate of percent ( %) per annum, payable on the first day of December, 1983, and semiannually thereafter on the first day of June and the first day of December in each year in accordance with and upon presentation and surrender of the interest coupons attached hereto, as each severally become due. Both principal and interest are payable at in ,,, , , or or any successor Payin~ A~ent duly appointed by the City, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. Bonds of this issue will be subject to redemption and prepayment at the option of the City in inverse order of serial numbers on December l, 1983 at a price equal to 100.5% of their principal amount and accrued interest to the date of redemption, and on any interest payment date thereafter, at a price equal to their principal amount and accrued interest to the date of redemption. Published notice of redemption shall in each ease be ~iven in accordance with law, and at least thirty (30) days prior marled notice of redemption ~ be g4ven to the Paying Agent where said bonds are payable, provided that published notice alone shall be effective without marled notice. Holders desiring to receive mailed notice must register their names, addresses and bond serial numbers with the Clark of the City. Regular Council Meeting October 25, 1982 page ! 0 This bond constitutes e general obligation of the City, and the full faith and credit and taxing powers of the City have been and are hereby irrrevoeably pledged to provide moneys for the prompt and full payment of the principal and interest hereon as the same respectively become due. This bond is one of an issue in the aggregate principal amount of $2,550,000 all of like date and tenor, except as to serial number, and this bend has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and the Charter of the City. This bond is payable out of the Permanent Improvement Bonds of 1982 Debt Service Account of the City created pursuant to resolution of the City Council. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Charter of the City, to be done, to happen and to be performed, precedent to and in the issuance of this bond, have been done, have happened and have been performed, in re/~ and due form, time and manner as required by law, and this bond, to~ether with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery, does not exoeed any constitutional, statutory or Charter limitation of indebtedness. The corporate seal of the City has been omitted from this bond as permitted by law. IN WITNESS WHEREOF, the City of Columbia Heights, Minnesota, by its City Council has caused this bond to be executed in its behalf by the facsimile si~matures of the Mayor and the City Manager of the City, and the manual signature of one of them, and has caused the interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of December 1, 1982. (facsimile} (facsimile} City Manager Mayor (Certificate as to Legal Opinion) We, the undersigned, Mayor and City Manager of the City of columbia Heights, Minnesota, hereby certify that except for the date line, the foregoing is a f,_dl~ true and compared copy of the legal opinion of Holmes & Graven, Chartered Of Minneapolis, Minnesota, which was delivered to us upon delivery of the bonds and is now on file in the offices of the City of columbia Heights, Minnesota. (faseim lie) {facsimile) City Manager Mayor (Form of Coupon) On the first day of June (December) 19 , un]e=~_ the bond described below Is called for earlier redemption, the City of columbia Heights, Minnesota will pay to bearer at -- in , , or any successor Paying Agent duly appointed by the City, the sum shown hereon for interest then due on its General Obligation Permanent Improvement Fund Bond of 1982, dated December 1, 1982. Regular Council Meeting October 25, 1982 page II 9. That the Bonds shall be executed on behalf of the City by the facsimile signatures of the Mayor and City Manager of the City, and by the manual signature of one of said officers. The corporate ~ shall be omitted from the Bonds as permitted by law. The interest coupons apgertalning thereto shall be executed by the printed, engraved, Uthographed or otherwise reproduced facsimile signatures of the Mayor and City Manager of the City. 10. Thalf the' legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, respecting the validity and enforceability of the Bonds and the tax exemption of the interest on the Bonds shall be reproduced on the reverse side of each Bond and shall be certified by the facsimile signature of the City Mayor and the Manager. The Bonds when so prepared and executed Mmll be delivered, together with the signed la/iai opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, by the City Manager or other officer of the City to the purchaser thereof upon receipt of the purchase priee, and the said perehaset sb~__ll not be obliged to see to the proper application thereof. 11. That pursuant to Section 69 of the Charter there exists a sinking fund for the payment when due of principal of and interest on all bends and other obligations when due, and a permanent improvement fund. Capital Account. There is hereby oreated a special account in the City's permanent improvement fund, designated the ~Permenent Improvement Fund Bonds of 1982 Capital Account~ (the ~Capital Accountw) to be held and administered by une Citer separate and apart from all other accounts in the permanent improvement d. The Capital Account shall be maintained tn the manner herein specified until all of the Bonds herein authorized, the definitive permanent improvement fund bends, and any additional general obligation permanent improvement fund bends hereafter issued to complete the Improvements and the interest thereon have been fully paid and the City has been fully reimbursed for any principal of and interest on the Bonds paid by the City from general ad valorem taxes or from any other source. There shall be deposited in the Capital Account the proceeds from the sale of the Bonds, as well as special assessments levied with respect to the Improvements and collected prior to completion of the Improvementsand not deposited in the Debt Service Account created herein. All costs and expenses of making the Improvements, including the cost of any construction contracts heretofore let, and all other costs incurred and to be incurred, of the kind authorized in Minnesota Statutes, Section 4?5.65 and in the Chatter, shall be paid from the Capital Account. In addition, the monies in the Capital Account may be used ff necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of sufficient taxes or special assessments herein levied or covenanted to be levied, and if upon completion of the Improvements there shall remain any unexpended monies in the Capital Account such monies (other than special assessments) may be transferred by the Council to the account of any other improvement instituted pursuant to the Charter. Any such unexpended monies which are attributable to special assessments credited to the Capital Account shall be used only to pay principal and interest on the Bonds. Monies in the Capital Account shall be used for no other purpose except as provided by law. Debt Service Account. There is hereby oreated a special account in the sinkinE fund maintained by the City, designated the ~Permanent Improvement Fund Regular Council Meeting October 25, 1982 page 12 Bonds of 1982 Debt Service Account" (the WDebt Service Aeeount~). Principal of, premiums, if any, and interest on the Bonds as the same become due ~hall be payable, from the Debt Service Account. There is hereby pledged and there Mudl he credited to the Debt Service Account: (a) collections of special assessments levied with respect to the Improvements such that together with any amounts then on deposit in the Debt Service Account shall be ~uffieient for the payment of .interest to become due on the Bonds at the next two interest payment dates; (b) all accrued interest received on deUvery of the Bonds; (e) any eoUeeUons of general ad valorem taxes herein levied for the payment of the Bonds; (d) ali funds remaining tn the Construction Account after completion of the Improvements and payment of the costs thereof, not transferred to the fund of another improvement, and (e) the proceeds of the definitive improvement bonds, or additional temporary improvement bonds which will be sold, and in anticipation of which these Bonds are issued. The Debt Service Account shall be used to pay principal and interest and any premiums for redemption of the Bonds, and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service Account as provided by ]aw. Reserve Account. There is hereby created an additional &eeount in the sinking fund of the City, designated the "Permanent Improvement Pund Bonds of 1982 Reserve Account" (the "Reserve Account") into which prepayments of special assessments levied with respect to the Improvements. Monies in the Reserve Account may be used, if necessary, to pay interest on the Bonds on any interest payment date and shall be used to pay prinetpal on the Bonds on December 1, 1985, or upon redemption of the Bonds. 12. That to provide moneys for the payment of interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which sha.U be spread upon the ta~ roUs and eoUeeted with and u part of, other general property taxes in said City for the years and in the amounts as follows: Levy Year CoUeetion Year Amount Levied 1983 1984 $ 358,785.00 1984 1985 179,393.00 Such tax levies are such that ff eoUeeted in full they, together with estimated eoUeetions of special assessments and the definitive permanent · improvement fund bonds or additional permanent improvement bonds herein pledged for the payment of the Bonds, will preduee at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. Said tax levies shaU be irrevocable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes* Section 475.61, subdivision 3. The full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due and payable. Regular Council I, leeting October 25, 1982 page 13 13. That interest earnings from the investment of money in the Debt Service Account, the Oonstruetion Account and the Reserve Aeeount ehall remain in the respective Accounts. 14. The City hereby covenants and agrees that it will will do and perform as soon as they may be done, all acts and things, necessary for the final and valid undertaking of the Improvements and levy of special assessments, and in the event that any assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of such assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and bindin~ lien upon such property. At the time the assessments are in fact levied the City Council shall, based on the then eurrent estimated collections of such assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subd. 1. 15. The Clerk-Treasurer is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County, together with such other information as shall be required, and to obtain from such County Auditor his or her certificate that the Bonds have been entered in the Auditor's Bond Register. 16. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds, and to the attorneys approvin~ the legality of the issuance thereof, certified copies of all proeeedinEs and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same kappear from the books and records under their custody and control or as otherwise nown to them, and all such certified eopias, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. The motion for the adoption of the foregoin~ resolution was duly seconded by Council member Hovland and upon vote being taken thereon, the followin& voted in favor thereof: Mayor lqawrocki Council Member Council Membe~ Council Member Council Member Hen~es Hovland Norberg Petkoff and none voted against the same. Whereupon said resolution was declared duly passed and adopted. Council Secretary Bruce G. Nawrocki, Hayor Regular Council Meeting October 25, 1982 page 14 h. Resolution 82-56 Authorizing the Issuance of General Obligation Bonds flotion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes There was considerable discussion regarding the issuance of these bonds. Councilman Norberg stated that he had felt this to be unwise bonding. RESOLUTION 82-56 RESOLUTION AUTHORIZING THE ISSUANCE OF $450,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1982 PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS FROM THE DOWNTOWN C.B.D. REVITALI- ZATION PROJECT BE IT RESOLVED by the City Counc.~l (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: 1. That on the 23rd of August, 1982, the Council carried out the first reading of Ordinance No. 1012 authorizing the publication of the Official Notice of Bond Sale of the $450,000 General Obligation Tax Increment Bonds of 1982 (the "Bonds"), and soliciting bids for the purchase of the Bonds. The Council carried out the second reading of Ordinance No. 1012 on the 13th day of September, 1982, and on that date adopted Ordinance No. 1012 on a vote of four to one. Affidavits showing publication of notice of call for bids in the official newspaper of the City and in Commercial West have been examined and have been approved and ordered placed on file. The following bids for the sale of [he Bonds were received: Bidder Interest Rate Net Interest Cost 2. After considering the bids received, it has been determined that the bid of The First National Bank of Saint Paul to purchase the Bonds of the City, in accordance with the Notice of Bond Sale at the rate of interest hereinafter set forth, and to pay therefor the sum of $445,612.50 is hereby found, determined and declared to be the most favorable bid received and is hereby accepted and the Bonds are hereby awarded to said bidder. The Clerk-Treasurer of the City (the "Clerk-Treasurer") is authorized and directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. 3. The Bonds in negotiable coupon form shall be dated December l, 1982 and shall be issued forthwith. The Bonds shall be ninety (90) in number and numbered I to 90, inclusive, in the denomination of $5,000 each. The Bonds shall be temporary bonds, issued in anticipation of the issuance of definitive general obligation tax increment bonds. The Bonds shall mature on December 1, 1985, and shall bear interest from date of issue until paid or duly called for redemption at the annual rate of six and seven tenths percent (6.70%). 4. The Bonds shall provide funds for a redevelopment project, as defined in Minnesota Statutes, Section 462.421, Subdivision 13, undertaken by the Housing and Redevelopment Authority in and fo- the City of Columbia Heights, Minnesota (the"Authority") and desig- nated as the Downtown C.B.D. Revitalization Project (the "Project"). Under the terms of a pledge agreement e~tered into between the Authority and the City on or as of August 11, 1980, pursuant to Mir~esota Statutes, Section 273.77, tax increment derived from the Project area has been pledged to the payment of principal of, premium, if any, and interest on the City of Columbia Height,s $8,185,000 General Obligation Tax Increment Bonds of 1980, and any other general obligati~ tax increment bonds subsequently issued to complete the Project. 'Reg'ular Council Meeting October 25, 1982 page 15 In compliance with Minnesota Statutes, Section 475.58, the estimated collection of tax increment from the Project area exceeds 20% of those costs of the Project for which the Bonds are sold. The costs of the Project shall include the . costs enumerated in Minnesota Statutes, Sections 475.65, 273.75, subdivision 4, and Minnesota Statutes, Sections 462.411 et secl., and it is estimated that said costs will be at least equal to the amount o'ir~Bonds herein authorized. Work on the Project shall proceed with due dillgenee to completion, 5. The Bonds of this issue shall bear interest, payable De~ember 1, 1983, and semiannually thereafter on June 1 and December 1 of each year. The principal of and interest on the Bonds shaU be payable at The l~irst National Bank of Saint Paul in Saint Paul, Minnesota, which is designated as payir~ egent, or in the event of its resignation, removal or incapability of aetin~ as payin~ a~ent, at the office of such successor payir~ egent as may be epgointed by the City Council 6. The Bonds shall be subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on December 1, 1983, at a price equal to 100.5% of their pricipal amount and accrued interest to the date of redemption, and on any interest payment date thereafter at a price equal to 100% of their principal amount and aeerued interest to the date of redemption, Published notice of redemption shall in each ease be given in accordance with law, and at least thirty (30) days prior thereto mailed notice of redemption shall be given to the bank where the Bonds are payable, provided that published notice alone shall be effective without mailed notice. Holders desiring to receive mailed notice must register their names, addresses and bond serial numbers with the City Clerk. 7. The Bonds and interest coupons to be issued hereUnder shall be in substantially the followin~ form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS No. $5,000 GENERAL OBLIGATION TAX INCREMENT REDEVELOPMENT BOND OF 1982 KNOW ALL PEOPLE BY THESE PRESENTS that the City of Columbia Heights, Minnesota (the "City"), acknowledges itself to be indebted and for value received promises to pay to bearer upon presentation and surrender of this bond the principal sum of FIVE THOUSAND DOLLARS on the first day of December, 1985, or on any earlier date on which it shall have been duly called for redemption, and to pay interest thereon from the date hereof until the principal is discharged at the rate of percent ( %) per annum, payable on the first day of December, 1983, and semiannually thereafter on the first day of June and the first day of Decemberin each year in accordance with and upon presentation and surrender of the interest coupons attached hereto, as each severally become due. Both principal and interest are payable at in , , or any successor Payin~ Agent duly eppomted by the City, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxin~ powers of the City.have been and are hereby irrevoe .ably pledged. Regular Council Meeting October 25, 1982 page 16 Bonds of this issue are subject to redemption and prepayment at the option of the City tn inverse order of serial numbers on 1, .19 , at a price equal to 100.5% of their principal amount and accrued interest to the date of redemption, and on any interest payment date thereafter, at a price equal to 100% of their principal amount and accrued interest to the date of redemption. Published notice of redemption shall tn each ease be given tn accordance with law, and at least thirty (30) days prior mailed notice of redemption shaU be given to the Paying Agent where said bonds are payable, provided that published notice alone shaU be effective without mailed notice. Holders desiring to receive marled notice must register their names, addresses and bond serial numbers with the City Clerk of the City. This bond constitutes a general obligation of the City, and the full foree and credit and taxing powers of the City have been and are hereby irrevocably pledged to provide moneys for the prompt and full payment of said principal and interest when each becomes due. This bond is one of an issue tn the aggregate principal amount of $450,000 all of like date and tenor, except as to serial number and maturity, and this bond has been issuedpursuant to and tn full conformity with the Constitution and laws of the State of Minnesota and the Charter of the City, and pursuant to resolutions duly adopted by the City CouneLL This bond is payable out of the Debt Service Fund tn the "Project Account" of the City established pursuant to resolution of the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Charter of the City to be done, to happen and to be performed, precedent to and tn the issuance of this bond, in order to make it a valid and binding obligation of the City tn accordance with its terms, have been done, have happened and have been performed, in regular and due form, time and manner as eequired by law, and this bond, together with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery, does not exceed any constitutional, statutory or Charter limitation of tndebted- ness. The corporate seal of the City has been omitted from this bond as permitted by law. IN WITNESS WHEREOF, the City of Columbia Heights, Minnesota, by its City Council has caused this bond to be executed tn ils behalf by the facsimile signatures of the Mayor and the City Manager and the manual signature of one of said officers, and has caused the interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of December 1, 1982. (faesimfie) (facsimile) City Manager Mayor (Certificate as to Legal Opinion) We, the undersigned, Mayor and City Manager of the City of Columbia Heights, Minnesota, hereby certify that except for the date line, the foregoing is a fuLL, true and compared copy of the legal opinion of Holmes & Graven, Chartered, .Minneapolis, Minnesota, which was delivered to us upon delivery of the bonds and is now on file in the offices of the City of Columbia Heights, Minnesota. Regular Council Heecing October 25, 1982 page 17 (Form of Coupon) NO. $ On the first day of June (December), 19 ., unless the the bond described · below has been duly called for earlier redemption, the City of Columbia Heights, Minnesota will pay to bearer at In , , or any successor Paying Agent duly appointed by the City, the sum shown hereon for interest then due on its General Obligation Tax Increment Redevelopment Bond of 1982 dated December 1, 1982, 8. The Bonds shall be executed on behalf of the C~ity t~y se laemmue signatures of the Mayor and City Manager of the City, and the manual signature of one of said officers. The corporate seal shall be omitted from the Bonds as permitted by law. The interest coupons appertaining thereto shall be executed by the printed, engraved, lithographed or otherwise reproduced facsimile signatures of the Mayor and City Manager of the City. 9. The legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, respecting the validity and enforceability of the Bonds and the tax exemption of the interest on the Bonds shall be reproduced on the reverse side of each Bond and shall be certified by the facsimile signature of the City Manager and the Mayor. The Bonds when so prepared and executed shall be delivered, together with the signed legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, by the City Manager or other officer of the City to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obliged to see to the proper application of the purchase price. 10. There is hereby created a special fund in the Project Aceount (the a1980 Project Account") created by the City Council pursuant to the "Resolution Authorizing the Issuance of $8,175,000 General Obligation Tax Increment Bonds Pledging for the Security thereof Tax Increments from the Downtown C.B.D. Revitalization Project and Authorizing Execution of a Tax Increment Pledge Agreement" adopted on August 11, 1980, (the "1980 Bond Resolution"). Such special fund shall be designated the "General Obligation Tax Increment Bonds of 1982 Fund", (the ~Fund"), and shall be maIntained in the manner speeLfied herein until all of the Bonds herein authorized, any refunding bonds issued to refund the Bonds, and any other general obligation tax increment bonds hereafter issued to finance the Project, ineludin& any modifications or additions thereto, and the Interest thereon, have been fully paid and the City has been fully r_eimbu..rse~, fro.re. the pledge of tax increment for all of the principal and Interest of the eonns paia by the City from taxes levied on property.in the City other than the Project area. In said Fund there shall be maintained three separate subaeeounts, to be designated as the "Capital Account", the "Debt Service Account~ and the 'Reserve Account", respectively. Capital Account. The proceeds from the sale of the Bonds less any premium and accrued interest received thereon, shall be credited to the Capital Account, from which there shall be paid all costs and expenses of the Project, Including the cost of any construction contracts heretofore let and all other costs Incurred and to be Incurred, of the kind authorized in Minnesota Statutes, Sections 475.65, 273.75, subdivision 4, and Minnesota Statutes, Sections 462.411 et seo.; and the moneys in said Capital Account shall be used for no other purpose, provided that upon completion of the Project amounts in the Capital Account may be deposited in the Debt Service Aeoeunt to pay principal of and interest on the Bonds. Regular Council Meeting October 25, 1982 page 18 Debt Service Account. There is hereby pledged sad there shall be et-edited to the Debt Service Account (a) any premium sad all accrued interest received upon delivery of sad payment for the Bonds, (b) collections of certain tax increment derived from the Project, and deposited in the Debt Service Account as described below, sad certain revenues derived from special assessments or other sources sad available and pledged to pay principal, premium, if any, sad interest on the Bonds, sad (e) all funds remaining in said Capital Account after completion of the part of the Project financed by these Bonds sad payment of the costs thereof. Tax Increment collected from the Project shall be deposited in the Debt Service Account to the extent necessary to provide monies sufficient for the payment of interest to become due on the Bonds at the next succeeding Interest Payment Date. Reserve Account. There shall be credited to the Reserve Account any .prepayments of special assessments pledged to the payment of the Bonds. Amounts in the Reserve Account may be used, if neeesary to pay interest on the Bonds, and shall be used to pay principal of the Bonds at maturity or redemption of the Bonds. If the moneys on hand in the Debt Service Account should at any time be insufficient to pay principal and interest due on the bonds payable therefrom, such amounts shall be paid from (a) direct ad valorem property taxes levied upon all of the taxable property in the City; sad/or (b) the General Fund of the City; sad if so paid, the City shall be reimbursed therefor when sufficient money becomes available in the Debt Service Account. The Debt Service Account herein created shall be used solely to pay principal of, premium, tf any, and interest on the Bonds sad any other general obligation tax increment bonds hereafter issued sad made payable from said Debt Service Account, except that upon discharge of the Bonds sad such already outstanding or additional Bonds, the City shall use the remaining funds in the Debt Service Account to the extent necessary, if at all, to reimburse the City. For any amounts paid for principal of or interest on the Bonds paid from the sources listed in (a) sad/or (b) above. 11. The County Auditor of Anoka County (the "County Auditor") has certified that the original assessed value of real property within the Project area, as determined according to the assessment as of January 2, 1976, and certified by the County Auditor on August 23, 1977, is $2,336,687. Under the provisions of Minnesota Statutes, Section 273.76, subdivision 3(a), the County Auditor will include only the original assessed value, as adjusted pursuant to Minnesota Statutes, Section 273.76, in the assessed valuation upon which the County Auditor 'computes the rate of all state, county, city, school district sad other taxes, but will extend the rates so determined against the entire assessed valuation Of such real property in each subsequent year, sad the County Treasurer of Anoka will remit to the Authority that proportion of the taxes paid each year on such real property which the excess of the assessed valuation over the original taxable value bears to such original value. 12. Pursuant to the 1980 Bond Resolution the Authority agreed to segregate the tax increment derived from the Project on its official books sad records sad to remit to the above-described 1980 Project Account of the City the amount of tax increment required to be remitted to the City pursuant to a Tax Increment Pledge Agreement in substantially the form attached thereto as Exhibit A. 13. That to provide moneys for the payment of interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax roils and eoUeeted with sad as part of, other general property taxes in said City for the years and in the amounts as follows: Regular Council I~eeting October 25, 1982 page 19 Levy Year Collection Year Amount Levied 1983 1984 $ 63,315.00 1984 1985 31,658.00 Such tax levies are such that if collected in full they, together with estimated collections of special assessments and the definitive general obligation tax increment or additional temporary general obligation tax increment bonds herein pledged for the payment of the Bonds, will produce at least five percent (596) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. Said tax levies shall be irrevocable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes Section 4'/5.61, subdivision 3. The full faith, credit and taxing powers of the City shah be and are hereby irrevocably pledged for the prompt and full payment of the principal of, premium, if any, and interest on the Bonds, as the same respectively become due and payable. 14. Interest earnings from the investment of money in the Capital Account and Capitalized Interest Account shall be deposited in the Capital Account. Interest earnings from the investment of money in the Debt Service Account shall be deposited in the Debt Service Account and investment income from amounts in the Reserve Aocount shah be deposited in the Reserve Acoount. AH investments shall be made without regard to rate of investment return and shah be made in accordance with the restrictions contained in Minnesota Statutes, Section 475.66. 15. The City Manager is hereby authorized and direeted to file a certified copy of this resolution with the County Auditor of Anoka County, together with such other information as shah be required, and to obtain from said County Auditor his certificate that the Bonds have been entered in the Auditor's Bond Register. 16. The officers of the City are hereby authorized and directed 'to prepare and furnish to the purchaser of the Bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shah be deemed representations of the City as to the facts recited thereim Regular Council Meeting October 25, 1982 page 20 The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hov]and and upon vote being taken thereon, the fo]lowing voted in favor thereof: Mayor Nawrocki Council Member Hentges Council Member Hovland Council Member Petkoff and the following voted against the same: Council Member Norberg Whereupon said resolution was declared duly passed and adopted. Bruce G. Nawrocki, Mayor Council Secretary i. Lotsplit Requests from HRA The City Assessor explained that these Iotsplits are a requirement of the County Auditor. Although all four parcels are being sold to P. J. Gaughan by the HRA as one package for dev- elopment each lot must have an its own identity as a subdivision. The developer is paying all of the special assessments. Motion by Hentges, second by Hovland to grant the subdivision request to the HRA for a split of Plat No. 34416, Parcel No. 4752 legally described as : Lot Il, except the North 155' thereof, Block 4, Reservoir Hill, Anoka County, Minnesota. PIN 36 30 24 23 0129. The description henceforth to be: 1. The West 20.00 feet of Lot 11, Block 4, Reservoir Hills, except the North 155 thereof. 2. Residue Roll call: Hovland, Petkoff, Hentges, tlawrocki--aye Norberg--abstain Motion by Hentges, second by Hovland to grant the subdivision request to the HRA for a split of Plat No. 34416, Parcel No. 4900 legally described as : Lot 15 (Except the North 150 feet of the West 85 feet of Lot 15, Block 4, Reservoir Hills, Anoka County, Minnesota. The description henceforth to be: 1. The South 157.50 feet of Lot 15, Block 4, Reservoir ttills, except the West 86.00 feet thereof. PiN 36 30 24 23 0150. 2. All that part of Lot 15, Block 4, Reservoir Hills, Anoka County, Minnesota, lying East of the West 85 feet thereof and North of the South 157.50 feet thereof. PIN 36 30 24 23 0134. 3. Residue. PiN 36 30 24 23 0149, Part of Ruvelson Office Building. 4. Residue. PIN 36 30 24 23 Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain Motion by Hentges, second by Hovland to grant the subdivision request to the HRA for a split of Plat No. 34416, Parcel No. 5083 legally described as: The East ½ of Lot 31, Block 4, Reservoir Hills, except the West 15 feet of said East ½ of Lot 3l, lying North of the South ]63.5 feet thereof and except the North 60 feet of the South 223.5 feet of East 15 feet of West 30 feet of said East ½ of said Lot 31, Block 4, Reservoir Hills, Anoka County, Minnesota PIN 36 30 24 23 015l The description henceforth to be: I. The East 15.OO feet of the West 30.00 feet of the East Half of Lot 31, Block 4, Reser- voir Hills, except the South 223.50 feet thereof. 2. That part of the East Half of Lot 31, Block 4, Reservoir Hills lying East of the West 30.00 feet of said East Half, except the South 163.50 feet thereof. 3. Residue Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain Motion by Hentges, second by Hovland to grant the subdivision request to the HRA for a 'Regular Council Meeting October 25, 1982 page 21 lit of the following description: 36 30 2q 23 0111 PIN 36 30 2q 23 0110, East ½ of Lot 32, Block q, Reservoir Mills, Anoka County, Minnesota. PIN 36 30 2q 23 Ol14, West ½ of Lot 33 (Except South 5'), Block 4, Reservoir Hills. PIN 36 30 24 23 0115, East ½ of Lot 33 (Except South 5'), Block 4, Reservoir Hills. PIN 36 30 24 23 Ol16, Lot 34, Block 4, (Except South 5'), Reservoir Hills. PIN 36 30 24 23 0118, Westerly 80 feet of Lot 35, Block 4, Reservoir Hills. The description henceforth to be: 1. Those parts of Lots, 32, 33 and 34, and of the West 20.00 feet of Lot 35, Block 4, Reservoir Hills lying Northerly of a line, said line being 30.00 feet Northerly of and parallel with the following described centerline: Beginning at a point on the South line of 41st Avenue N.E., said point being 229.00 feet East of the Northwest corner of Block 5, Reservoir Hills; thence Northerly on a line 41.O0 feet, West of and parallel with the East line of Lot 31, Block 4, Reservoir Hills a distance of 163.50 feet, to a point being 133.50 feet Northerly of the South line of Block 4, Reservoir Hills; thence Easterly on a lille, 133.50 feet North of and parallel with the South line o~ said Block 4, Reservoir Hills, a distance of 350.99 feet; thence Southeasterly on a tangential curve to the right, having a central angie of 29 degrees 34 minutes 22 seconds and a radius of 295.19 feet, a distance of 152.36 feet and there terminating. according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. 2. Residues Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain Communications a. Management Agreement-Parking Ramp-Downtown Development The Management Agreement for the parking ramp in not yet finalized because the COuncil re- quested additional language regarding the redeveloper"s option to purchase. The Council had asked that language be added to the agreement that guaranteed the City the right to utillze the ramp if and when it is sold to the developer in the year 2022, The developer, his at- torneys and the leasing agent for the development felt they could not agree to any specific language that ~ould accommodate the City's request. Considerable discussion followed. Motion by Hentges, second by Petkoff to authorize the HRA to enter into an agreement and that the Mayor and City Manager would .indicate Council approval of the agreement between the HRA and Terry Evenson, the developer. Roll call: Hovland, Petkoff, Hentges, Nawrocki-.-aye Norberg--nay RECESS: 10:30 RECONVENE: IO:50 7. Old and New Business a. Old Business 1. Consulting Services Regarding Data Processing There was a lengthy discussion' regarding the selection process for a data process consultant. The City Manager was requested to pursue this matter by getting five or six proposals for the Councli~s consideration. New Business a. Final Payment on Sullivan Lake Project Motion by Hovland, second by Petkoff to authorize final payment on Project # 8028, Sullivan Regular Council Meeting October 25, ]982 page 22 Lake Project to Minnesota Valley Landscape, Inc. in the amount of $16,844.56. Roll call: All ayes 2. Final Payment on Seal Coating Motion by Norberg, second by Hovland to authorize final payment on Project #8200, Bituminous seal coating to Bituminous Roadways, Inc. in the amount of $3,471.68 including one deduct of $491.86 and one extra of $491.86. Roll call: All ayes 3. Authorization to Seek Bids-Animal Control Motion by Norberg, second by Petkoff to authorize the City Manager to seek bids for animal control; with such bids being opened November 24th and awarded by the Council December 13th. Roll call: All ayes 4. Authorization to Seek Bids-Legal Publications Motion by Norberg, second by Petkoff to authorize the City Manager to seek bids for pub- lishing legal notices in area newspaper publication; with such bids being opened December 8th and awarded by Council December 13th. Roll call: All ayes 5. Establishing Salary for Linda Magee Motion by Norberg, second by Hovland to establish the salary of $1,736 per month for Linda Magee, Administrative Assistant to the City Manager, effective October )8, 1982. The Mayor felt this position should have been discussed by the Council before the appointment was made and the request to escablish the salary was made. Roll call: Hovland, Petkoff, Norberg-- aye Mentges, Nawrocki--nay 6. Police Officer Appointment Motion by Hentges, second by Hovland to appoint Jeffrey Miller as a police officer to be started at the six month pay rate of $),469 per month effective November 15, 1982. Roll call: All ayes 7. Establishing Work Session A Council work session was scheduled for November l, 1982 at 7:30 in the Council Chambers. 8. Suburban Rate Authority Councilman Norberg reported on current information regarding activities of the Suburban Rate Authority. The SRA is suggesting that the Metropolitan Waste Control Commission make the costs to individual subscribers more visible by including in their billing a separate line that reflects the charges for each service rendered. 9. Traffic and Pedestrian Problem A letter had been received by the Mayor regarding a citizen's concern with the intersection of 37th Avenue and Hart Boulevard. After some discussion the City Engineer was requested to get more information. 8. Reports a. Report of the City Manager This report was presented in written form. All of the items in the report were discussed. One item was discussed in detail which dealt with the placement of a driveway on 39th Ave- nue. b. Report of the City Attorney There was discussion regarding a recommendation forthcoming from the Charter Commission. Regular Council Meeting October 25, 1982 page 23 · Licenses Motion by Norberg, second by Hovland to grant the licenses as listed upon payment of proper fees. Roll call: Ali ayes 10. Payment of Bills Motion by Norberg, second by Petkoff to pay the bills as listed out of proper funds· Roll call: All ayes Adjournment Notion by Norberg, second by Petkoff to adjourn the meeting at 12:35 am. Roll call All ayes · Nawrocki, Mayor Anne Student, Coun~ Secretary