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HomeMy WebLinkAboutDec 27, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULPR COUNCIL MEETING DECEMBER 27, 1983 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation Councilman Norberg had requested that he offer the Invocation for this meeting in thatf:t is the last meeting he will be attending as a Councilman. He had prepared a special'prayer. 2a. Plaques for 0ut-Goin9 Councilmen Mayor Nawrocki presented plaques to the two out-going Councilmen. Councilman Henries,had served eight years on the Council and Councilman Norberg had served twelve years.. Nawrocki expressed the opinion that these two men had served the City well and that thei~ individual efforts were sincerely appreciated. He also mentioned the numerous that had been brought to fruition during their tenure and the major contributlons ~A¢ir efforts had made in the growth of the City, expecially in the downtown development...Tl~_ Mayor stated that Councilman Hentges and Councilman Norberg are to be commended foe service to the City of Columbia Heights. 3. Minutes of Previous Meetings Motion by Petkoff, second by Hovland to approve the minutes of the Regular Counci! Meet,. lng of December 12th as presented in writing and that the reading be dispensed with. Roll call: All ayes :_.Oral Petitions resident who owns property adjacent to the liquor store on 40th Avenue again stated that he is experiencing a problem with patrons of the store parking on his property. This been an on-going problem for many years. Prevlously the City had erected signs on the pro- petty advising people that this was not a lot designated for patron parking. The resident had requested that this signage be enforced but was advised by the Mayor that these signs were informational and were not sufficient for the police to tag vehicles of liquor store patrons. As in the past, the resident was advised to follow the ordinance that addreR~ed the type of signage he was requesting. The ordinance, a copy of which the res[dent,l~ad~ required that the proposed language for the sign be brought to the Poi!ce'Chili view. Councilman Norberg stated that this matter had been coming before the.Cour~,~i~.~or many years and suggested it should be resolved now. Motion by Norberg that when the language for the signs is decided upon for a couple of signs and have them put up. Motion dies for lack of a second; Mayor Nawrocki again requested that the resident do what is requirexi by the 6rd[naRc~ An appointment with the Police Chief was scheduled for the following morning. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1071 Sale of Certain Real Estate The City had received an offer for the property located at 1227 42½ Avenue, An appraisal was made of this property and the City Manager had advised that the Council accept the offer that was made as it is commensurate with the value placed on the property appraiser. It was noted that substantial soil correction will have to be made home can be constructed on this parcel. A resident in the area requested that as part ~ITf the purchase agreement it be stated that the purchaser be bound to do what ~A~tated to do in the site plans. The Mayor inquired if this could be done as a sale" and was advised by the City Attorney that it could. The City Attorney Su~gts~e&-Ltmat this type of sale would be difficult to enforce and may pose a financing probieel~e~ buyer. The resident stated that his concern stems from another parcel that was put~hlsed' .Regular Council Meeting 'December 27, 1983 page 2 in the area and what had been proposed for construction by the purchaser was not done. He particular concern with an older home being moved onto the parcel. It was noted that could not be done without variances from the Council. The City Attorney again stated that all of these conditions could be negotiated. Motion by Norberg to table unt|l an agreement can be negotiated. Motion dies for lack of a second. The City Manager suggested that the City's building and zoning codes would restrict any type of construction that may be undesirable. Motion by Hentges, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: AI1 ayes ORDINANCE NO. 1071 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE SALE OF CERTAIN REAL ESTATE AT q2½ AVENUE AND PIERCE STREET The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall sell and convey unto Thomas J. Zustlak and Diane L. Zustiak the real property described as follows, to-wit: The West 110 feet of Lot 6, Block 3, Reservoir Hills (except the North 150 feet and except the East 50 feet thereof), according to the map or plat there- of on file and of record in the office of the County Recorder in and for Anoka County, Minnesota ~ction 2: -The Mayor and City Manager are herewith authorized to execute a Quit Claim Deed to effectuate the conveyance of the said real estate. Section 3: The purchase price shall be $5,500.00 plus payment of the outstanding spec- ial assessments of approximately $154.00. Section 4:. 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: December 12, 1983 December 27, 1983 December 27, 1983 Offered by: Seconded by: Roll call: Hentges Hovland Hovland, Petkoff, Hentges, Nawrocki-- aye Norberg--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary b. First Reading of Ordinance No. 1072 Pertaining to Utilities Motion by Hentges, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes This ordinance pertains to utilities, utility charges, billing and collections. The City Manager reviewed the ordinance and the timetable that will be employed for mailing of tility bills, delinquent notices, and notices of disconnection. It is approximately sixty ys from the first billing to a shut off. This ordinance also provides for rate and pen- alty changes by resolution. Regular Council Meeting December 27, 1983 page 3 ORDINANCE NO. 1072 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO UTILITIES, UTILITY CHARGES, BILLING AND COLLECTIONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 4.301(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "The Council shall fix all charges for Water and sewer service and for garbage and rubbish hauling rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for water billing by §6.303." is herewith amended to read as follows: "The Council shall by resolution fix 611 charges and penalties for 1at& payment for water and sewer service and for garbage and rubbish hauling rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for water billing by Section 4.303." Section 2: Section 6.303(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "The administrative service shall mail said water bills to the general occupant at the address listed for each specified meter location. (a) (b) For purposes of this section, bills are presumed to be received by the person responsible for payment thereon within five (5) days of mailing. Water bills are due and payable within ten (10) days of receipt, and become delinquent upon expiration of such time. Partial pay- ments shall be considered as payment towards most recent amounts billed." is herewith amended to read as follows: "The administrative service shall mail said water bills to the general occupant at the address listed for each specified meter location. (a) (b) For purposes of this section, bills are presumed to be received by the person responsible for payment thereon within five (5) days of mailing. Water bills are due and payable on the 10th day of the following month following their mailing. Any bill not paid by the lOth day of the month following its mailing is delinquent. Partial · payments shall be consideredas payment towards most recent amounts billed." Section 3: Section 4.303(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: , Regul,ar Council Heeting December 27, 1983 page 4 "The administrative service shall ascertain all water bills which have been delinquent for fifteen (15) days or more and send written notice of such delinquency to the occupant of the metered location. If such bill r~ins unpaid, the administrative service shall send a second ~rritten notice of such delinquency upon the expiration of an addi- tional seven (7) days; Said notice shall include a statement that water service will be discontinued unless full payment is received within three days." is herewith amended to read as follows: "The administrative service shall ascertain all water bills that are delinquent after the 10th day of the month and mail notice of such delinquency to the occupant of the metered location by the 20th day of the same month." . If such bill remains unpaid at the last day of the month in which the delinquency notice was sent, the administrative service shall send a second written notice of such delinquency. Said notice shall include a statement that water service will be discontinued unless full payment is received by the 10th day of the month following the month in which the first delinquency notice was mailed." Section 4: Section 4.303(6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: 'Water service may be discontinued at any time thereafter; upon twenty four (24) hours "final notice" to be sent in writing and by certified mail to the occupant of the building or premises serviced, subject to the following exceptions: Service may not be discontinued in this manner for: (a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate meter for each separate tenant, lessee, or occupant unit. (b) Any person who has filed with the Clerk a written protest of the amount billed, either in whole or in part, together with the rea- sons or basis for such protest." is herewith amended to read as follows: "Water service may be discontinued at any time thereafter, subject to the following exceptions: Service may not be discontinued in this manner for: (a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate meter for each separate tenant, lessee, or occupant unit. ,Regular Council Meeting December 27, 1983 page 5 (b) Any person who has filed with the Clerk a written protest of the amount billed, either in whole or in part, together with the zen- sons or basis for such protest." Section 5: Section 4.303(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: 'Water service may be discontinued under circumstances described in §4.303(4)(a), by providing thirty (30) days written'"final notice" to each individual tennant, lessee, or occupant, in lieu of the twenty four (24) hour final notice period. Upon expiration of twenty five (25) days of said thirty (30) day period, additional written notice shall be provided to each individual tennant, lessee, or occupant indicating whether the delinquent water bills remain unpaid." is herewith amended to read as follows: 'Water service may be discontinued under circumstances described in Section 4.303(4)(a) by providing thirty (30) days written "final notice" to each individual tenant, lessee, or occupant. Upon expiration of twenty five (25) days of said thirty (30) day period, additional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the delinquent water bills remain unpaid." Section 6: Section 4.303(6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "Under circumstances described in 4.303(4)(b), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results of the investigation, water service may thereafter be terminated upon twenty four (24) hours' notice pursuant to 4.303(4)." is herewith amended to read as follows: "Under circumstances described in Section 4.303(4)(b), the administra- tive service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results of the investigation, water service may thereafter be ter- minated upon twenty four (24) hours' notice." Section 7: 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: December 27, 1983 Offered by: Seconded by: Roll call: Bruce C. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council Regular Council Meeting December 27, 1983 page 6 First Reading of Ordinance No. 107q Pertaining to Licensing letter, the City Attorney addressed thirteen proposed changes. The City Manager reviewed these changes as well as the history of ·sections of the ordinance that dealt with the surety bond that would be required for the operation of a gasoline station. Some members of the Council had questions regarding other sections of the ordinance regarding transient merch- ant licenses. Motion by Hentges, second by Norberg to table this matter until the next regular Council meeting. Roll call: Hentges, Norberg--aye Novland, Petkoff, Nawrocki--nay Motion fails. Discussion continued on the proposed changes in particular the matters of the surety bond, health and safety inspections, and licensing of transient merchants. Motion by Norberg, second by Hentges to table this matter until the next regular Council meeting. Roll call: All ayes d. Resolution 83-67 Issuance of Commercial Development Revenue Notes These notes are for the Kraus-Anderson development of the Zayre property on qqth and Central. Bond counsel advised that commercial development revenue notes are the same as industrial development revenue bonds. The amount of the note is S4,500,OO0, which is a lesser amount than was originally discussed. 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 RESOLUTION 83-67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUHBIA HEIGHTS, MINNESOTA ("CITY") AUTH- ORIZING THE ISSUANCE, SALE AND DELIVERY OF THE $4,500,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (KRAUSE-ANDERSON, INC. PROJECT) (THE "NOTE"), WHICH NOTE AND THE INTEREST AND ANY eEMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGRE- ENT, (THE "LOAN AGREEMENT"); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE DISBURSING AGREEMENT, THE LOAN AGREEMENT, AND THE ASSIGNMENT OF LOAN AGREEMENT; APPROVING THE FOR~ OF THE COMBINATION MORTGAGE, SECURITY AGREEMENT AND FIX- TURE FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTS; APPROVING CERTAIN OTHER DOCUMENTS AND AUTHORIZING EXECUTION OF CERTAIN DOCUMENTS; APPROVING THE FORM OF AND AU- THORIZING THE EXECUTION AND DELIVERY OF THE NOTE; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID NOTE WHEREAS, the purpose of the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the "Act"), as found and determined by the Legis- lature of the State of Minnesota, is to promote the welfare of the State of Minnesota by'the active attraction, encouragement, and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment, and for the purpose the State of Minnesota has encour- aged action by local governmental units; and WHEREAS, factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in urban and metro- politan areas, the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population, and the need for development and use of land which will provide an adequate tax base to finance these increased costs; and ' Regular Council Heeting December 27, 1983 page 7 WHEREAS, the City of Columbia Heights, Minnesota (the "City")* desires to expand the business and employment opportunities, and the available tax base of the City, and to promote the development of property within the City; and WHEREAS, the City is authorized by the Act to enter into a revenue agreement with any person, firm, or public or private corporation or federal or state governmental subdivision or agency in such manner that payments required thereby to be made by the contracting party shall be fixed, and revised from time to time as necessary, so as to produce income and revenue sufficient to provide for the prompt payment of principal of and interest on all bonds issued under the Act when due, and the revenue agreement shall also provide that the contracting party shall be required to pay all expenses of the operation and maintenance of the project including,' without limitation, adequate insurance thereon and insurance against .all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the project and payable during the term of the revenue agreement; and WHEREAS, the Act further authorizes the City to issue revenue bonds, in anticipation of the collection of revenues of a project, to finance, in whole or in part, the cost of acquisition, construction, reconstruction, improvement~ better- ment, or extension of such project; and WHEREAS, the City has received from Kraus-Anderson, Incorporated (the "Developer"), a proposal that the City finance a project for purposes consistent with the Act, said project to consist of the acquisition, construction, and installation of an shopping mall facility (the "Project") in the City; and WHEREAS, by Ordinance No. 1062 of the City of Columbia Heights, Minnesota adopted on October 24, 1983, the City determined that, on the basis of information provided to it by the Developer and others, the effect of the finanding of the Project, if undertaken, would be to encourage the development of economically sound commerce in the City, increase the assessed value of property within the City, increase current employment opportunities for residents of the City and surrounding areas, and facilitate the development of property within the City, all to the benefit of the residents and taxpayers of the City; and WHEREAS, by Ordinance No. 1062 of the City of Columbia Heights, Minnesota adopted on October 24, 1983, the City approved the proposal of the Developer that the City undertake to provide financing for the Project and gave preliminary approval to the financing of the Project, including the issuance, sale, and delivery of the Note, as hereinafter defined, subject to final approval by the City; and WHEREAS, the City proposes to finance the acquisition, construction, and installation of the Project pursuant to authority conferred by the Act through the issuance of the Note, as hereinafter defined, under this resolution; and WHEREAS, said Note issued under this resolution will be secured by a mortgage and lien on and an Assignment of Leases and Rents from said Project and a pledge and assignment of the Loan Agreement, as hereinafter defined, and of the revenues derived by the City from the Loan Agreement, and said Note and the interest on said Note shall be payable solely from the revenue pledged therefor and the Note shall not constitute a debt of the City within the meaning of any Regular Council Heeting December 27, 1983 page 8 constitutional, charter, or statutory limitation nor shall constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than its interest in the Loan Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY: 1. That the City Council of the City finds, determines, and declares that the acquisition, construction, and installation of the Project for incorporation into the Project within the City will expand the business and employment opportunities within the City, will expand the tax base of the City, will promote the development of property within the City, and will generally aid and assist the City. 2. That for the purpose of financing the acquisition, construction, and installation of the Project there is hereby authorized the issuance,' sale, and delivery of the $4,500,000 Commercial Development Revenue Note (Kraus- Anderson, Inc. Project) (the "Note"). The Note shall bear interest at the rate, 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 substantially in the form now on file with 'the City. 3. That the Note shall be a special obligation of the City the proceeds of which shall be disbursed pursuant to the Disbursing Agreement, dated a~ of the date of the Note and executed by Norwest Bank St. Paul, National Association (the ' "Lender"), the Developer, First Security Title, Inc. (the "Disbursing Agent") and the City. The principal, premium, if any, and interest on the Note shall be payable solely from the revenues derived from the Loan Agreement dated as of the date of the Note, and executed by the City and the Developer. The Mayor and City Manager of the City are hereby authorized and directed to execute and deliver the Note. 4. That the Disbursing Agreement, the Loan Agreement, and the Assignment of Loan Agreement, all dated as of the date of the Note, and executed by the City (the ~Assignment of Loan Agreement"), all substantially in the form now on file with the City, are hereby approved. The Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver the Disbursing Agreement, Loan Agreement and Assignment of Loan Agreement. 5~ That the documents designated as the Combination Mortgage, Secur- ity Agreement, and Fixture Financing Statement, dated'as of the date of the Note, from the Developer to the Lender, and the Assignment of Leases and Rents, dated as of the date of the Note from the Developer to the Lender are hereby approved in the forms now on file with the City. 6. That upon approval by the Mayor and City Manager, and concurrence by Counsel for the City, amendments may be made to the aforementioned documents to the extent such amendments are not substantial and are not inconsistent with this resolution. Such approval and concurrence shall be evidenced by the execution of the aforementioned documents by the Mayor and City Manager and the delivery of the opinion of Counsel for the City. ?. That the Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as' are necessary or appropriate in eormection with the issuance, sale, and delivery of the Note. Regular Council Meeting December 27, 1983 page 9 8. That all covenants, stipulations, obligations, and agreements o! the City contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the City. Except as otherwise provided m this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City by the provisions of this resolution or of the aforementioned documents to be executed and delivered by the City shall be exercised or performed by the City or by such members of the City, or such officers, 'board, body, or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer executing the Note shall be liable personally on the Note or be subject to any personal liability or accountability by reason of the issua, nee thereof. 9. That except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation, other than the City or any holder of the Note issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Note issued under the provisions of this resolution. 10. That in ease any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Note, but this resolution, the aforementioned documents and the Note shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 11. That the Note shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the Charter of the City and the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Note and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Note and precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 12. That the Note shall be fully registered by the City at the option of the Lender or any subsequent holder of the Note. If fully registered the Note may be transferred only upon the books of the City kept for that purpose by the note registrar of the City. The City Clerk of the City is hereby app_ointed as Note Registrar of the City. 'Regular Council Meeting December 27, 1983 page 10 the event any Note is mutilated, lost, stolen, or destroyed, the City shall execute deliver to the registered holder of such Note a new Note of like date, maturity, and denomination to that mutilated, lost, stolen, or destroyed, provided that, in the case of any mutilated Note, such mutilated Note shall first be surrendered to the City, and in the case of any lost, stolen or destroyed Note, there first shall be furnished to the City evidence of such loss, theft, or destruction satisfactory to the City, together with an indemnity satisfactory to the City. The City may condition its registration of the transfer of any Note or the replacement of any mutilated, lost, stolen, or destroyed Note upon the payment to the City of its reasonable fees and expenses for such services. The City may treat and consider the person in whose name any Note is registered as the holder and absolute owner of such Note for all purposes whatsoever. 13. That the officers of the City, attorneys, engineers, 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, the aforementioned documents, and the Note for the full, punctual, and complete performance of all the terms, convenants, and agreements contained in the Note, the aforementioned documents, and this resolution. 14. That this resolution shall be in full force and effect from and after its passage. Passed this 27th day of December, 1983. Offered by: Norberg Seconded by: Hentges Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary I hereby certify that the above is a true and correct copy of a resolution adopted by the City Council of the City of Columbia Heights on the 27th day of December, 1983. William J. Elrite, City Clerk The City Manager distributed copies of the landscaping agreement for the Central Mall project of Kraus-Anderson. He also distributed copies of Exhibit B which is the actual drawn landscaping plan. Members of the Council reviewed the drawing as well as the agr- eement and it was determined that fencing should be included in the maintenance agreement. Motion by Norberg, second by Petkoff to authorize the Mayor and City Manager to enter into the landscaping maintenance agreement with Kraus-Anderson for the Central Mall and that the fencing maintenance be included in the agreement. Roll call: ~11 ayes e. Resolution 83-68 Water Management Organization Mayor Nawrocki read Resolution 83-68 which is a resolution appointing a member and an alternate to the Six Cities Water Management Organization. He noted that these appoint- ments may be reviewed after the new Council convenes the first of the year. RESOLUTION NO. 83-68 3EING A RESOLUTION APPOINTING REPRESENTATIVES TO THE SiX CITIES WATER MANAGEMENT ORGAN- ZATION BE IT RESOLVED by the City of Columbia Heights, Minnesota, as follows: Regular Counc11 Meeting December 27, 1983 page 11 Bruce Nawrocki is hereby designated as a member of the Six Cities Water Management Organ- zation; and, Fred Salsbury is hereby designated as an alternate member of the Six Cities Water Manage- ment Organization; and BE IT FURTHER RESOLVED that the above shall serve not in a fixed term, but shall serve at the pleasure of the Columbia Heights City Council. Offered by: Seconded by: Roll call: Petkoff Hovland Hovland, Petkoff, Nawrocki--aye Norberg, Hentges--nay Jo-Anne Student, Council Member Bruce G. Nawrocki, Mayor 6. Communications A note of holiday greetings and thanks for all the city services for the year of 1983 was received from Marie Eng, a longtime Columbia Heights resident. Mayor Nawrocki read the note and requested that all city. departments receive a copy of it for their bulletin boards. RECESS: 10:05 RECONVENE: 10:40 '. Old and New Business a. Old Business 1. Crest View Lutheran Home, "The Boulevard" Development Agreement and Declaration of Covenants The Development Agreement deals with reserving the right of the City to expect Crest View to provide additional parking for their proposed development, "The Boulevard", if it is determined that it is needed at some later date. The City Attorney advised the Council that the number of units and parking spaces as noted in the agreement may be subject to change. The Building Inspector stated that he had received an addendum which deleted the additional two units that Crest View had intended to include and that it was their inten- tion to come before the Planning and Zoning Commission at its meeting on January 3rd to request approval of the inclusion of these two units. It was noted that to accommodate these two units the hobby room and the game room were decreased in size. Motion by Norberg, second by Hovland to grant approval of the Development Agreement and Declaration of Covenants for the Crest View Project subject to review by the City Attorney. Roll call: Hovland, Petkoff, Norberg, Nawrocki--aye Hentges--nay 2. Cities and Counties for Cable Membership Mayor Nawrocki observed that the Council had aUthorized participation in this organization as well as the paying of the dues and inquired if this activity had been undertaken. He was advised by the City Manager that it would be taken care of if it had not already been. 3. Definition of "Structures" Councilman Norberg inquired if the City AttOrney had received any information regarding the Odefinitionof "structures" from the ARRL and advised nothing had been received at this was time. Regular Council Meeting December 27, 1983 page 12 q. Resident Complaint Regarding House Siding ;ouncilman Hentges inquired if a resident's concern regarding the unfinished siding on :he neighbor's house had been followed up and was advised that it had and that the res- ident has been so notified by letter. b. New Business 1. Ratify Action of City Manager Regarding Purchase of Snowblower The discussion on this purchase pertained to the assignment of this particular piece of equipment. Some of the councilmembers stated that they had been informed that it was going to be used by the Fire Department. The City Manager advised the Council that this snow- blower was being assigned to the Parks Department and that the blower presently in the Parks Department was to be assigned to the Fire Department for use around the City Hall. Mayor Nawrocki wanted to make sure that whatever equipment was used around City Hall would do a decent job since there is so much pedestrian traffic. He stated that it was not 'im- portant if the equipment was new or used just that it was dependable. The Public Works Director felt the purchase of another snowblower would be justified. Motion by Petkoff, second by Hovland to ratify the action of the City Manager regarding the purchase of a lO h.p. snowblower from Sears Roebuck and Company .in the amount of $990 based upon low informal quotes. Roll call: Hovland, Petkoff, Hentges, Nawrocki-- aye Norberg--nay 2. Request to Supply Water for a Proposed Development in the City of New Brighton The Public Works Director had met with developers of a proposed development to be located north of County Road E in the City of New Brighton. The developers are requesting that the City of Columbia Heights supply water to this residential development. Much discussion lowed regarding this request and Mayor Nawrocki stated he had three concerns: whether is development would impact on our community; whether supplying water to this develop- ment would have an adverse impact on our community and its residents; and, whether the developers should be making their request to Minneapolis first, since that is from whom the City buys its water. The Mayor also felt that if an agreement were struck with the developers that the right to terminate it should be so stated in the agreement. 3. Traffic Commission Resignation A letter was received from Frank Breen stating he will no longer be able to serve on the Traffic Commission. Frank Breen has served on the Traffic Commission since 1967. His dedE- cated service is much appreciated and will be very missed. 4. Handicapped Requirements A document received from the National League of Cities was distributed regarding the re- quirements of facilities which receive federal revenue funding for handicapped needs. 5. Sidewalk Snow Removal Members of the Council discussed areas in the City that have been particularly troublesome for snow removal from sidewalks. The City Manager stated that there will be follow up on these areas as well as other areas where warning tags have been issued and there has been no compliance. Regular Council Meeting December 27, 1983 page 13 i. Appointments to Boards and Commissions a. Library Board Motion by Hentges, second by Hovland to appoint Mayor Nawrocki to the Library Board as the Council representative. Roll call: AI1 ayes b. Traffic Commission Motion by Hentges, second by Norberg'to appoint Ed Carlson to the Traffic Commission as the Council representative. Roll call: Norberg, Hentges--aye Hovland, Petkoff, Nawrocki-- nay Motion fails Motion by Hentges to appoint Gary Peterson to the Traffic Commission as the Council rep- sentative. Motion dies for lack of a second. Motion by Nawrocki, second by Hovland to appoint Rita Petkoff to the Traffic Commission as the Council representative. Roll call: Hovland, Petkoff, Nawrocki--aye Hentges--nay. : Norberg--abstain 7. Work Session A Council work session was scheduled for Tuesday, January 3rd at 9:30 pm. "11:30 Rule" Motion by Hentges, second by Petkoff to continue the meeting until the agenda is Completed. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 8. Reports a. Report of the City Manager Ohe submitted in and all of the items contained in it City Manager's report writing was ere discussed. b. Report of the City Attorney The City Attorney had been requested to determine when the new Council members took office. Quoting state statute he advised the Council the new members were seated on the first business day of the new year. 9. Licenses Motion by Norberg, second by Hovland to approve the licenses as listed upon payment of proper fees and that the fee for the Lions Club be waived, and the taxicab driver lic- ense requested by Keith Victor Stolp, 10901 Flora Street, Coon Rapids, Mn. be approved. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay I0. Payment of Bills Motion by Petkoff, second by Hovland to pay the bills as listed out of proper funds. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Adjournment Motion by Norberg, second by Hentges to adjourn the meeting a ayes gAAnne StUdeht, CouEc~'l-~Secretary Nawrocki, Mayor