HomeMy WebLinkAboutJun 11, 1984OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 11, 1984
The meeting was called to order by Mayor Nawrocki at 7:30 P.M..
1. Roll Call
~ovland, Petkoff, Carlson, Peterson, Nawrocki - present
2. Invocation
There were no ministers available for the Invocation.
3. Minutes of Previous Meetings
Motion by Peterson, second by Carlson to approve the minutes of the Continued
Board of Review Meeting of May 29th and the Regular Council Meeting of May 29th,
as presented in writing and that the reading be dispensed with. Roll call: All
ayes
4. Oral Petitions and Proclamations
Mayor Nawrocki read a proclamation for The Wearhouse, a new business venture spon-
sored by the Anoka County Association for Retarded Citizens located in the City
of Columbia Heights. The Mayor also read a proclamation for Humanitarian Day
e~ June 27th.
4a. Presentation of Humanitarian of the Year Award
Mayor Nawrocki presented the Humanitarian of the Year Award to Russell Lyons.
5. Ordinances and Resolutions
a. Second Reading of Ordinance No. 1086 Amending the City Charter
A member of the Charter Commission stated that this amended charter is probably the
first of its kind in the State and is very progressive.
Motion by Hovland, second by Petkoff to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1086
BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 7, CHAPTER 2, SECTION 8; CHAPTER
SECTION 9; CHAPTER 2, SECTION lO; CHAPTER 2, SECTION 11; CHAPTER 2, SECTION 12;
CHAPTER 2, SECTION 13; CHAPTER 3, SECTION 22; CHAPTER 3, SECTION 27; CHAPTER 4,
SECTION 28; CHAPTER 5, SECTfON 40; CHAPTER 5, SE~TJON 47; CHAPTER 5, SECTION 48;
CHAPTER 5, SECTION 49; CHAPTER 5, SECTION 51; CHAPTER 5, SECTION 52; CHAPTER 6,
SECTION 53; CHAPTER 6, SECTION 55; CHAPTER 7, SECTION 70; CHAPTER 7, SECTION 73,
CHAPTER 8, SECTION 80, CHAPTER 8, SECTION 82 OF THE CHARTER OF THE CITY OF COL-
UMBIA HEIGHTS.
The City of Columbia Heights does ordain:
Section 1
'Chapter 2, Section 7 of the Charter of the City of Columbia Heights which reads as
follows: ELECTIVE OFFICERS. The council shall be composed of a mayor and four council-
men who shall be qualified electors, and who shall be elected at large in the manner
hereinafter provided. The four councilmen shall serve for a term of four years and
until their successors are elected and qualified, except that at the first election
held after the adoption of this charter, the two candidates having the next highest
number of votes shall serve for four years, and the two candidates having next
highest number of votes shall serve for two years. The mayor shall serve for a term
of two years and until his successor is elected and qualified. The council shall be
judoe of the election of the mayor and councilmen.
R~i~ Council Meeting
June 11, 1984
page 2
shall be az~ended to read as follows:
ELECTIVE OFFICERS. The council shall be composed of a mayor and four
council members who shall be qualified electors, and who shall be elected at
large in tlhe manner hereinafter provided. The four council members shall serve
for a term of four years and until their successors are elected and qualified,
ez2ept that at the first election held after the adoption of this charter, the
t,o candidates having the highest number of votes shall serve for four years,
and the two candidates having the next highest number of votes shall serve for
two years. The mayor shall serve for a term of two years and until a successor
is elected and qualified. The council shall be judge of the election of the
~,ayor and council members.
Section 2
Chapter 2, Section 8 of the Charter of the City of Columbia Heights which
reads as follows: INCOMPATIBLE OFFICES. No member of the council shall hold
any paid municipal office or employment under the City of Columbia Heights, and
until one year after the expiration of his term as councilman no former member
shall be appointed to any paid office or employment under the city which office
or employment was .created or the emoluments of which were increased during his
term as councilman.
shall be anended to read as follows:
INCOMPATIBLE OFFICES. No member of the council shall hold any paid
municipal office or employment under the City of Columbia Heights, and until one
year after the expiration of that member's term as council member no former
member shall be appointed to any paid office or employment under the city which
office or employment was created or the emoluments of which were increased
during that member's term.
Section 3
Chapter 2, Section 9 of the Charter of the City of Columbia Heights which
reads as follows: VACANCIES IN THE COUNCIL. A vacancy in the council shall be
deemed to exist in case of the failure of any person elected thereto to qualify
on or before the date of ~he second regular meeting of the new council, or by
reason of the death, resignation, removal from office, removal from the city,
continuous absence from the city for more than three months, or conviction of a
felony of any such person whether before or after his qualification, or by
reason of the failure of any councilman without good cause to perform any of the
duties of membership in the council for a period of three months. In each such
case, the council shall by resolution declare such vacancy to exist and shall
forthwith appoint an eligible person to fill the same until the next regular
municipal election, when the office shall be filled for the unexpired term;
provided that any vacancy resulting from a recall election or from a resignation
following the filing of a recall petition shall be filled in the manner provided
in such case.
shall be amended to read as follows:
VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist
in case of the failure of any person elected thereto to qualify on or before the
date of the second regular meeting of the new council, or by reason of the
death, resignation, removal from office, removal from the city, continuous
absence from the city for more than three months, or conviction of a felony of
any such person whether before or after qualification, or by reason of the
failure of any council member without good cause to perform any of the duties of
membership in the council for a period of three months.
Regular Council Meeting
June ll, 1984
page 3 In each such ease, the
council shall by resolution declare such vacancy to exist and shall forthwith
appoint an eligible person to fill the same until the next regular municipal
election, when the office shall be filled for the unexpired term; provided that
any vacancy resulting from a recall election or from a resignation following the
filing of a recall petition shall be filled in the manner provided in such
case ·
Section 4
Chapter 2, Section 10 of the Charter of the City of Columbia Heights which
reads as follows: THE MAYOR. The mayor shall be the presiding officer of the
council, except that a president pro tempore shall be chosen who shall serve as
president in the mayor's absence. The mayor shall exercise all powers and
perform all duties conferred and imposed upon him by this charter, the
ordinances of the city, and the laws of the state. He shall have the
appointment, control and direction of all police officers of the city. He shall
be recognized as the official head of the city of all ceremonial purposes, by
the courts for the purpose of serving civil processes, and by the governor for
the purpose of the military law. In the event of a vacancy in the office of the
mayor, whether by death, resignation, or any other cause, the council shall
order a special election to fill the vacancy for the unexpired term except that
in the case of a recall, the vacancy shall be filled in the manner provided by
this charter.
shall be amended to read as follows:
TEE MAYOR. The mayor shall be the presiding officer of the council, except
that a president pro tempore shall be chosen who shall serve as president in the
mayor's absence. The mayor shall exercise all powers and perform all duties
conferred and imposed upon the mayor by this charter, the ordinances of the
city, and the laws of the state. The mayor shall have the appointment, control
and direct'ion of all police officers of the city, and shall be recognized as the
official head of the city of all ceremonial purposes, by the courts for the
purpose of serving civil processes, and by the governor for the purpose of the
military law. In the event of a vacancy in the office of the mayor, whether by
death, resignation, or any other cause, the council shall order a special
election to fill the vacancy for the unexpired term except that in the case of a
recall, the vacancy shall be filled in the manner provided by this charter.
Section 5
Chapter 2, Section 11 of the Charter of the City of Columbia Heights which
reads as follows: TEE 0ITY NANA~EE. The city manager shall be the chief
administrative officer of the city. Ne shall be chosen by the council solely on
the basis of bis executive and administrative qualifications and the choice
shall not be limited to inhabitants of the city or state. The city manager
shall be appointed for an indefinite period and he shall be removable by the
council at any time. If removed at any time after one year of service, he may
demand written charges. Such demand shall be in writing and shall be served
upon the mayor or any member of the council within one week after the date of
the resolution of the city council suspending or removing him and written
charges shall be served upon the city manager within fifteen days after the
service of such demand upon the mayor or any member of the council and public
hearing shall be had on said charges before the city coucil within thirty days
after the service of such charges, but the city council and the city manager may
consent to a hearing on said charges at a later date, but the removal of the
city manager shall not take effect until such hearing shall have been held, but
pending such hearing the city council may suspend the city manager from office.
During the absence or disability of the city manager, the duties of his office
shall be performed by some properly qualified person designated by the council.
Regular Council Meeting
June 11, 1984
page 4
shall be amended to read as follows:
TEE CITY ~ANAGER. The city manager shall be the chief administrative
officer of the city. The city manager shall be chosen by the council solely on
the basis of executive and administrative qualifications and the choice shall
not be limited to inhabitants of the city or state. The city manager shall be
appointed for an indefinite period and shall be removable by the council at any
time. If removed at any time after one year of service, such person may demand
written charges. Such demand shall be in writing and shall be served upon the
mayor or any member of the council within one week after the date of the
resolution of suspension or removal and written charges shall be served upon the
city manager within fifteen days after the service of suc~ demand upon the mayor
or any member of the council and public hearing shall be had on said charges
before the city coucil within thirty days after the service of such charges, but
the city council and the city manager may consent to a hearing on said charges
at a later date, but the removal of the city manager shall not take effect until
such hearing shall have been held, but pending such hearing the city council may
suspend tire city manager from office. During the absence or disability of the
city manager, the duties of that office shall be performed by some properly
qualified person designated by the council.
Section 6
Chapter 2, Section 12 of the Charter of the City of Columbia Heights which
reads as follows: OATH OF OFFICE. Every officer of the city shall, before
entering upon the duties of his office, take and subscribe an oath of office
in substantially the following form: I do solemnly swear (or affirm) to support
the constitution of the United States and of this state, and to discharge
faithfully the duties devolving upon me as of this
city to the best of my judgment and ability.
shall be ~ended to read as follows:
OATH OF OFFICE. Every officer of the city shall, before entering upon the
duties of office, take and subscribe an oath of office in substantially the
following form: I do solemnly swear (or affirm) to support the constitution of
the United States and of this state, and ~o discharge faithfully the duties
devolving upon me as of this city to the best of my
judgment and ability.
Section 7
Chapter 2, Section 13 of the Charter of the City of Columbia Heights which
reads as follows: SALARIES: The Mayor shall receive a salary of Twenty-Five
Dollars ($25.00) per month, and the Councilmen shall each receive a salary of
Fifteen Dollars ($15.00) per month and in addition thereto when the Council
meets as a Board of Equalization, the members shall receive not to exceed One
Dollar ($1.00) per hour. The City Manager and all subordinate officers and
employees of the City shall receive such salaries or wages as may be fixed by
Resolution of the council.
shall be s~nended to read as follows:
SALARIES: The Mayor shall receive a salary of Twenty-Five Dollars ($25.00)
per month, and the Council members shall each receive a salary of Fifteen
Dollars ($15.00) per month and in addition thereto when the Council meets as a
Board of Equalization, the members shall receive not to exceed One Dollar
($1.00) per hour. The City Manager and all subordinate officers and employees
of the City shall receive such salaries or wages as may be fixed by Resolution
of the council.
Regular Council Meeting
June ll, 1984
page 5
Section 8
Chapter 3, Section 22 of the Charter of the City of Columbia Neights which
reads as follows: SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every
ordinance or resolution passed by the council shall be signed by the mayor or by
two other members, and shall be filed with the secretary of the council within
two days and by him recorded and preserved. Every ordinance and resolution
shall be published at least once in the official paper of the city within
fZfteen days after its passage by the council, or in lieu thereof may be posted
on bulletin boards as in this charter provided, and shall be recorded in a book
kept for that purpose, which record shall be attested by the secretary of the
council; provided that the publication of resolutions not involving the
expenditure of money may be dispensed with if so ordered by the council.
shall be amended to read as follows:
SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or
resolution passed by the council shall be signed by the mayor or by two other
members, and shall be filed with the secretary of the council within two days
and by the secretary recorded and preserved. Every ordinance and resolution
o~]l be published at least once in the official paper of the city within
fifteen days after its passage by the council, or in lieu thereof may be posted
on bulletin boards as in this charter provided, and shall be recorded in a book
kept for that purpose, which record shall be attested by the secretary of the
council; provided that the publication of resolutions not involving the
expenditure of money may be dispensed with if so ordered by the council.
Section 9
Chapter 3, Section 27 of the Charter of the City of Columbia Heights which
reads as follows: INTERFERENCES WITH ADMINISTRATION. Neither the council nor
any of its committees or members shall dictate the appointment of any person to
office or employment by the city manager, or in any manner interfere with the
city manager or prevent him from exercising his owu judgment in the appointment
of officers and employees in the administrative service, but this shall not be
construed to prohibit the council from passing ordinances for establishing the
merit system. Except for the purpose of inquiry the council and its members
shall deal with the administrative service solely through the city manager, and
neither the council nor any member thereof shall give orders to any of the
subordinates of the city manager, either publicly or privately.
shall be amended to read as follows:
I~TERFERENCES WITH ADMINISTRATION. Neither the council nor any of its
committees or members shall dictate the appointment of any person to office or
employment by the city manager, or in any manner interfere with the city manager
or prevent the city manager from exercising judgment in the appointment of
officers and employees in the administrative service, but this shall not be
construed to prohibit the council from passing ordinances for establishing the
merit system. Except for the purpose of inquiry the council and its members
shall deal with the administrative service solely through the city manager, and
neither the council nor any member thereof shall give orders to any of the
subordinates of the city manager, either publicly or privately.
Section 10
Chapter 4, Section 2BA of the Charter of the City of Columbia Heights which
reads as follows: TNE PRIMARY ELECTION. A primary municipal election shall be
b~.d twenty-one days before the regular municipal election in the year 1933 and
Regular Council Meeting
June II, 1984
page 6
biennua!ly thereafter at the same place or places as general elections are held
and like officials shall preside at such elections. The purpose of such primary
election shall be to select candidates to be voted for at the general municipal
election and the candidates for nomination to each office who shall receive the
greatest number of votes in such primary election shall be placed upon the
ballot of the next general election in numbers not to exceed double the number
cf vacancies to be filled, and no other name shall be placed upon the ballot for
such general election than the candidates selected at said primary election.
Any person desiring to become a candidate for an elective office in the general
municipal election shall file with the City clerk at least twenty-one days prior
to said primary election a statement of such candidacy as follows:
I, ( ), being first duly aworn, say that I reside at ( ) Street in the City
of Columbia Heights, County of Anoka, State of Minnesota; That I am a qualified
voter therein; That I am a candidate for nomination to the office of ( ) to be
voted upon at the primary election on ( ) the ( ) day of ( ) 19__; and I hereby
request that my name be printed upon the official primary election for said
office.
Signed
Subscribed and sworn to before me this ( ) day of (), 19__.
Signed
Official Title
and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk
shall give him a receipt expressing the purpose of the payment. Such City Clerk
shall for~hwith pay all fees so received by him to the City Treasurer. Upon
compliance with the provisions of this section the City Clerk shall place such
name upon the primary election ballot as a candidate for the office named. At
least fifteen days notice shall be given by the City Clerk of the time and place
of holding such primary election and of the officers to be nominated, by posting
a notice 'thereof in at least three of the most public places in each election
district in the city or by publication of a notice thereof at least one in the
official newspaper, or both, as the City Council may ordain, but failure to give
such notice shall not invalidate such election.
shall be amended to read as follows:
TEE PRIMARY ELECTION. A primary municipal election shall be held twenty-one
days before the regular municipal election in the year ~933 and biennnally
thereafter, at the same place or places as general elections are held and like
officials shall preside at such elections. The p~trpose of such primary election
shall be to select candidates to be voted for at the general municipal election
and the candidates for nomination to each office who shall receive the greatest
number of votes in such primary election shall be placed upon the ballot of the
next general election in numbers not to exceed double the number of vacancies to
be filled,, and no other name shall be placed upon the ballot for such general
election 'than the candidates selected at said primary election. Any person
desiring to become a candidate for an elective office in the general municipal
election shall file with the City clerk at least twenty-one days prior to said
primary election a statement of such candidacy as follows:
I, ( ), being first duly sworn, say that I reside at ( ) Street in the City
of Columbia Heights, County of Anoka, State of Minnesota; That I am a qualified
voter therein; That I am a candidate for nomination to the office of ( ) to be
voted upon at the primary election on ( ) the ( ) day of ( ) 19__; and I hereby
request that my name be printed upon the official primary election for said
office.
Regular Council Meeting
June ll, 1984
'page 7
Signed
Subscribed and sworn to before me this ( ) day"of (), 19m.
Signed
Official Title
and shall pay to the City Clerk the 'sum of Five Dollars for which the City Clerk
shall give a receipt expressing the purpose of the payment. Such City Clerk
shall forthwith pay all fees so received to the City Treasurer. Upon compliance
with the provisions of this section the City Clerk shall place such name upon
the primary election ballot as a candidate for the office named. At least
fifteen days notice shall be given by the City Clerk of the time and place of
holding such primary election and of the officers to be nominated, by posting a
notice thereof in st least three of the most public places in each election
district in the city or by publication of a notice thereof at least one in the
official newspaper, or both, as the City Council may ordain, but failure to give
such notice shall not invalidate such election.
Section 11
Chapter 5, Section 40 of the Charter of the City of Columbia Heights which
reads as follows: FILING OF PETITIONS AND ACTION THEREON. All the signature
papers shall be held in the office of the city clerk as one instrument. Within
five days after the filing of the petition the city shall ascertain by
examination the number of electors whose signatures are appended thereto, and
whether this number is at least twenty per cent of the total number of electors
who cast their votes at the last preceding regular municipal election. If he
finds the petition insufficient or irregular, he shall at once notify one or
more of the committee of sponsors of that fact, certifying the reason for his
finding. The committee shall then be given thirty days in which to file
additional signature papers and to correct the petition in all other
particulars. If at the end of that period the petition is found to be still
insufficient or irregular, the clerk shall file the same in his office and shall
notify each member of the committee of the fact. The final finding of the
insufficiency or irregularity of a petition shall not prejudice the filing of a
new petition for the same purpose, nor shall it prevent the council from
referring the measure to the electors at the next regular or any special
election, at its option.
shall be amended to read as follows:
FILING OF PETITIONS AND ACTION T~k~EON. All the signature papers shall be
held in the office cf the city clerk as one instrument. Within five days after
the filiug of the petition the city shall ascertain by examination the number of
electors whose signatures are appended thereto, and whether this number is at
least twenty per cent of the total number of electors who cast their votes at
the last preceding regular municipal election. If the city clerk finds the
petition insufficient or irregular, the city clerk shall at once notify one or
more of the committee of sponsors of that fact, certifying the reason for such
finding. The committee shall then be given thirty days in which to file
additional signature papers and to correct the petition in all other
particulars. If at the end of that period the petition is found to be still
insufficient or irregular, the clerk shall file the same and shall notify each
member of the committee of the fact. The final finding of the insufficiency or
irregularity of a petition shall not prejudice the filing of a new petition for
the same purpose, nor shall it prevent the council from referring the measure to
the electors at the next regular or any special election, at its option.
Regular Council Meeting
June 11, 19134
page 8
Section 12
Chapter 5, Section 47 of the Charter of the City of Columbia Heights which
reads as follows: THE RECALL. Any five electors may form themselves into a
committee for the purpose of bringing about the recall of any elected officer of
the city. The committee shall certify to the city clerk the name of the officer
whose removal is sought, a statement of the grounds for removal in not more than
two hundred and fifty words and their intention to bring about his recall. A
copy of this certificate shall be attached to each signature paper and no
signature paper shall be put into circulation previous to such certification.
shall be amended to read as follows:
THE RECALL. Any five electors may form themselves into a committee for the
purpose of bringing about the recall of any elected officer of the city. The
committee shall certify to the city clerk the name of the officer whose removal
is sought, a statement of the grounds for removal in not more than two hundred
and fifty wor~s and their intention to bring about the recall. A copy of ~is
certificate shall be attached to each signature paper and no signature p~per
shall be put into circulation previous to such certification.
Section 13
Chapter 5, Section 4B of the Charter of the City of Columbia Heights w~ch
reads as follows: RECALL PETITIONS. The petition for the recall
official :shall consist of a certificate identical with that filed with the ~y
clerk together with all the signature papers and affidavits thereto att~h~d.
All the signatures need not be on one signature paper, but the circulato~ of
every such paper shall make an affidavit that each signature appended
paper is 'the genuine signature of the person whose name it purports to be. ~h
signature paper shall be substantiallly the following form:
RECALL PETITION
proposing the recall of from his office as
which recall is sought for the reasons set forth in the attached certific e.
This movement is sponsored by the follow~ng committee of electors:
NiME ADDRESS
The mndersigned electors, understanding the nature of the charges against
the officer herein sought to be recalled, desiring the holding of a recall
election for that purpose:
NAME ADDRESS
0
R'egular Council Meeting
June ll, 19~4
page 9
At the end of the list of signatures shall be appended the affidavit of the
circulator, mentioned above·
shall be amended to read as follows:
RECALL PETITIONS. The petition for the recall of any official shall consist
of a certificate identical with that filed with the city clerk together with all
the signature papers and affidavits thereto attached. Ail the signatures need
not be on one signature'paper, but the circulator of every such paper shall make
an affidavit that each signature appended to the paper is the genuine signature
of the person whose name it purports to be. Each signature paper shall be
substantiallly the following form:
RECALL PETITION
proposing the recall of from the office of
which recall is sought for the reasons set forth in the attached certificate.
This movement is sponsored by the following committee of electors:
NAME
ADDRESS
e
e
e
The undersigned electors, understanding the nature of the charges against
the officer herein sought to be recalled, desiring the holding of a recall
election for that purpose:
NAME ADDRESS
e
At the end of the list of signatures shall be appended the affidavit of the
circulator, mentioned above·
Section 14
Chapter 5, Section 49 of the Charter of the City of Columbia Heights which
reads as follows: FILING OF PETITON. Within thirty days after the filing of
the original certificate, the committee shall file the completed petition in the
office of the city clerk. The city clerk shall examine the same within the next
five days, and if he finds it irregular in any way, or finds that the number of
signers is less than twenty-five percent of the total number of electors who
cast their votes at the last preceding regular municipal election, he shall so
notify one or more members of the committee. The committee shall then be given
ten days in which to file additional signature papers and to correct the
petition in all other respects, but they may not change the statement of the
grounds upon which the recall is sought.
Regular Council Meeting
. June ]l, 1984
page 10
If at the end of that time the city
clerk finds the petition still insufficient or irregular he shall notify all of
the members of the committee to that effect and shall file the petition in his
office. No further action shall be taken thereon.
shall be ~nended to read as follows:
FILING OF PETITON. Within thirty days after the filing of the original
certificate, the committee shall file the completed petition in the office of
the city clerk. The city clerk shall examine the same within the next five
days, and if the city clerk finds it irregular in any way, or finds that the
number of signers is less than twenty-five percent of the total number of
electors who cast their votes at the last preceding regular municipal election,
the city clerk shall so notify one or more members of the committee. The
committee shall then be given ten days in which to file additional signature
papers and to correct the petition in all other respects, but they may not
change the statement of the grounds upon which the recall is sought. If at the
end of that time the city clerk finds the petition still insufficient or
irregular the city clerk shall notify all of the members of the committee to
that effect and shall file the petition. No further action shall be taken
thereon.
Section 15
Chapter 5, Section 51 of the Charter of the City of Columbia Heights which
reads as follows: PROCEDURE AT RECALL ELECTION. In the published call for the
election, whether posted on bulletin boards or printed in the official paper,
there shall be given the statement of the grounds for the recall and also, in
not more than five hundred words, the answer of the officer concerned in
justification of his course in office. Candidates to succeed the officer to be
reca!led shall be nominated in the usual way, and the election shall be
conducted as far as possible, in accordance with the usual procedure in
municipal elections.
shall be snended to read as follows:
PROCEDURE AT RECALL ELECTION. In the published call for the election,
whether posted on bulletin boards or printed in the official paper, there shall
be given the statement of the grounds for the recall and also, in not more than
five hundred words, the answer of the offioer concerned. Candidates to succeed
the officer to be recalled shall be nominated in the usual way, and the election
shall be conducted as far as possible, in accordance with the usual procedure in
municipal elections.
Section 16
Chapter 5, Section 52 of the Charter of the City of Columbia Heights which
reads as follows: FORM OF RECALL BALLOT. Unless the officer whose removal is
sought shall have resigned within ten days after the receipt by the council of
the completed recall petition, the form of the ballot as such election shall be
as near as may be: 'Shall A be recalled?' the name of the officer whose recall
is sought being inserted in place of A, and the electors shall be permitted to
rot separately 'Yes' or 'No' upon this question. The ballot shall also contain
the names of the candidates to be voted upon to fill the vacancy, in case the
recall is successful, under the caption: 'Candidates to fill the place of A,
if recalled.' But the officer whose recall is sought shall not himself be a
candidate 'upon such ballot. In case a majority of those voting for and against
the recall of any official shall vote in favor of recalling such official, he
shall be thereby removed from office, and in that event the candidate who
receives tlhe highest number of votes for his place shall be elected thereto for
the balance of the unexpired term. If the officer sought to be recalled shall
~egular Council Meeting
June 11, 1984
page 11
have resigned within ten days after the receipt by the council of the completed
recall petition, the form of ballot at the election shall ~e the same as nearly
as may be, as the form in use at a regular municipal election.
shall be amended to read as follows:
FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall
have resigned within ten days after the receipt by the council of the completed
recall petition, the form of the ballot as such election shall be as near as may
be: 'Shall A be recalled?' the name of the officer whose recall is sought being
inserted in place of A, and the electors shall be permitted to vote separately
'Yes' or 'No' upon this question. The ballot shall also contain the names of
the candidates to be voted upon to fill the vacancy, in case the recall is
successful, under the caption: 'Candidates to fill the place of A, if
recalled.' But the officer whose recall is sought shall not be a candidate upon
such ballot. In case a majority of those voting for and against the recall of
any official shall vote in favor of recall, such official shall be thereby
removed from office, and in that event the candidate who receives the highest
number of votes for that office shall be elected thereto for the balance of the
unexpired term. If the officer sought to be recalled shall have resigned within
ten days after the receipt by the council of the completed recall petition, the
£~m of ballot at the election shall be the same as nearly as may be, as the
form in use at a regular municipal election.
Section 17
Chapter 6, Section 53 of the Charter of the City of Columbia Heights which
reads as follows: POWERS AND DUTIES OF TEE CITY ~h~NAGER. Subject to the
provisions of this charter and any regulations consistent therewith which may be
adopted by council, the city manager shall control and direct the administration
of the city's affairs, except that the police department and the enforcement of
the laws pertaining to said department shall be under the sole control of the
mayor. His powers and duties as city manager shall be:
(a) To see that this charter and the laws, ordinances and resolutions of
the city are enforced;
(b) To appoint and, except as herein provided, remove the city clerk, all
heads of departments, and all subordinate officers and employees in the
department, all appointments to be upon merit and fitness alone;
(c) To exercise control over all departments and divisions of the city
administration created by this charter or which may ~ hereafter created by the
council except as herein provide~;
(d) To attend all meetings of the council, with the right to take part in
the discussions but having no vote; but the council may at its discretion
exclude him from meetings at which his removal is considered;
(e) To recommend to the council for adoption such measures as he may deem
necessary for the welfare of the people and the efficient administration of the
city's affairs;
(f) To keep the council fully advised as to the financial condition and
needs of the city, and to prepare and to submit to the council the anmaal
budget;
(g) To prepare and to submit to the council for adoption an administrative
code incorporating the details of administrative procedu, re, and from time to
time to suggest amendments to the same; and
(h) To perform such other duties as may be prescribed by this charter or
required of him by ordinances or resolutions adopted by the council.
shall be amended to read as follows:
Regular Council Meeting
June ll, 198~4
page 12
POWERS AND DUTIES OF THE CITY NANAGER. Subject to the provisions of this
charter and any regulations consistent therewith which may be adopted by
council, the city manager shall control and direct the administration of the
city's affairs, except that the police department and the enforcement of the
laws pertaining to said department shall be under the sole control of the mayor.
The city manager's powers and duties shall be:
(a) To see that this charter and the laws, ordinances and resolutions of
the city are enforced;
(b) To appoint and, except as herein provided, remove the city clerk, all
heads of departments, and all subordinate officers and employees in the
department, all appointments to be upon merit and fitness alone;
(c) To exercise control over all departments and divisions of the city
a~inistration created by this charter or which may be hereafter created by the
council except as herein provided;
(d) To attend all meetings of the council, with the right to take part in
the discussions but having no vote; but the council may at its discretion
exclude the city manager from meetings at which the city manager's removal is
considered;
(e) To reconmend to the council for adoption such measures as the city
manager may deem necessary for the welfare of the people and the efficient
administration of the city's affairs;
(f) To keep the council fully advised as to the financial condition and
needs of the city, and to prepare and to submit to the council the annual
bud ge t;
(g) To prepare and to submit to the council for adoption an administrative
code incorporating the details of administrative procedure, and from time to
time to suggest amendments to the same; and
(h) To perform such other duties as may be prescribed by this charter or
required of the city manager by ordinances or resolutions adopted by the
council.
Section 18
Chapter 6, Section 55 of the Charter of the City of Columbia Heights which
reads as follows: SUBORDINATE OFFICERS. There shall be a city clerk and such
other officers subordinate to the city manager as the council may create by
ordinances passed by a four-fifths vote. The city clerk shall be subject to the
direction of the city manag~er, and shall have such duties in connection with the
keeping of the public records, the custody and disbursement of the public funds,
and the general administration of ~he city's affairs as shall be ordained by the
council. The city clerk may be designated to act as secretary of the council,
and he shall act as city treasurer until the council by ordinance otherwise
provide. The Council may by ordinance abolish which have been created by
ordinance,, and it may combine the duties of various offices as it may see fit.
shall be anended to read as follows:
SUBORDINATE OFFICERS. There shall be a city clerk and such other officers
subordinate to the city manager as the council may create by ordinances passed
by a four-fifths vote. The city clerk shall be subject to the direction of the
city manager, and shall have such duties in connection with the keeping of the
public records, the custody and disbursement of the public funds, and the
general administration of the city's affairs as shall be ordained by the
council. The city clerk may be designated to act as secretary of the council
and shall act as city treasurer until the council by ordinance otherwise
provide. The Council may by ordinance abolish which have been created by
ordinance, and it may combine the duties of various offices as it may see fit.
Regular Council Meeting
June 11, 1984
page 13
Section 19
Chapter 7, Section 70 of the Charter of the City of Columbia Heights which
reads as follows: RECEIPTS TO GO TO CITY TREASURER. All receipts of money
belonging to the city, or any branch thereof, excepting only those funds
collected by the county treasurer, shall be paid into the city treasurer by the
,~rson authorized to receive the same at the close of each business day. Ail
such moneys, and also all moneys received upon tax settlements from the county
treasurer, shall be deposited as soon as received in the bank or banks approved
by the city council. Any person in the employ of the city guilty of a
violation of this provision shall be liable to be reduced in rank and salary or
to be dismissed from his office or position, as the council may determine after
a hearing.
shall be amended to read as follows:
RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the
city, or any branch thereof, excepting only those funds collected by the county
treasurer, shall be paid into the city treasurer by the person authorized to
receive the same at the close of each business day. Ail such moneys, and also
all moneys received upon tax settlements from the county treasurer, shall be
deposited as soon as received in the bank or banks approved by the city
council. Any person in the employ of the city guilty of a violation of this
provision shall be liable to be reduced in rank and salary or to be dismissed
from office or position, as the council may determine after a hearing.
Section 20
Chapter 7, Section 73 of the Charter of the City of Columbia Heights which
reads as follows: FORM AND REPAYMENT OF BONDS. Bonds issued by the city may
take the form either of term bonds or of serial bonds. In case of the issuance
of any term bonds, it shall be the duty of the city manager to include in his
estimates each year a sufficient sum, with a safe margin to spare, to set aside
in a sinking fund for the repayment of the bonds at the end of the term, and
another sum to pay the interest on the bonds for that year. In case of the
issuance of serial bonds, it shall be his duty to include in his estimates each
year a sum amply sufficient to pay the principal and interest on any bonds
falling due that year, and another sum sufficient to pay the interest for that
year on the bonds still outstanding.
shall be amended to read as follows:
FORM AND REPAYMENT OF BONDS. Bonds issued by the city may take the form
either of term bonds or of serial bonds. In case of the issuance of any term
bonds, it shall be the duty of the city manager to include in the budget
estimates each year a sufficient sum, with a safe margin to spare, to set aside
in a sinking fund for the repayment of the bonds at the end of the term, and
another sum to pay the interest on the bonds for that year. In case of the
issuance of serial bonds, it shall be the city manager's duty to include in the
budget estimates each year a sum amply sufficient to pay the principal and
interest on any bonds falling due that year, and another sum sufficient to pay
the interest for that year on the bonds still outstanding.
Section 21
Chapter 8, Section 80 of the Charter of the City of Columbia Heights which
reads as follows: TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by
the district court without a jury, at a general or a special term, without
pleadings other than as above stated. Upon such trial the appellant can make
no other objections to the assessment than those stated in his notice of appeal,
but the court may, in its discretion, permit such notice to be amended in this
respect at any time.
Regular Council Meeting
June 11, 1984
page 14
The court shall hear such competent evidence as may be
offered 'by either party, and may revise, correct, amend, reduce or confirm the
assessmn~ appeal from, or may order a new assessment to be made as to the
property concerning which such appeal is taken, and in that event shall direct
the council how to make such new assessment so as to avoid errors complained of.
The asse.~3sment roll shall, when confirmed by the Council, in all cases, whether
on an appeal, or otherwise, and in all courts, be prima facie evidence of the
¥~lidity of all proceedings up to, and including the confirmation of the
assessment. Disbursements, but no statutory costs, may, in the discretion of
the district court, be allowed upon an appeal from assessments as in other civil
cases, but the judgment entered therefore against the city shall be a separate
judgment and paid out of the general fund of the city. From the determination
of such appeal by the district court, either party may appeal to the supreme
court of the state.
shall be amended to read as follows:
TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district
court ~ithout a jury, at a general or a special term, without pleadings other
than as above stated. Upon such trial the appellant can make no other
objections to the assessment than those stated in the notice of appeal, but the
court may, in its discretion, permit such notice to be amended in this respect
at any time. The court shall hear such competent evidence as may be offered by
either party, and may revise, correct, amend, reduce or con.*irm the assessment
appeal from, or may order a new assessment to be made as to the property
concerning which such appeal is taken, and in that event shall direct the
council how to make such new assessment so as to avoid errors complained of.
The assessment roll shall, when confirmed by the Council, in all cases, whether
on an appeal, or otherwise, aud in all courts, be prima facie evidence of the
validity of all proceedings up to, and including the confirmation of the
assessment. Disbursements, but no statutory costs, may, in the discretion of
the district court, be allowed upon an appeal from assessments as in other civil
cases, but the judgment entered therefore against the city shall be a separate
judgment and paid out of the general fund of the city. From the determination
of such appeal by the district court, either party may appeal to the supreme
court of the state.
Section 22
Chapter 8, Section 82 of the Char%er of the City of Columbia Heights which
reads as follows: PLAN OF ASSESSMENTS. Whenever the council shall determine to
make any local improvements, the cost of which may lawfully be assessed against
benefited property, it shall determine and designate in a general way the
character and extent of such improvement and the materials to be used, and
thereupon it shall order a careful estimate to be made by the city manager of
the cost of such improvements, together with a list of the several lots and
parcels of land fronting upon and adjacent to such proposed improvement which he
deems benefited thereby, and the names of the owners of the several parcels, as
~early as can be ascertained. After receiving such estimates the council shall
determine what property will be benefited by such local improvement, and shall
thereupon publish in the manner provided by this charter a list of all such
property, with the names of the owners so far as the same can be ascertained, or
in lieu of such list, a designation of the benefited district by giving the
boundaries thereof, together with a notice of the time and place when and where
all persons interested may appear and be heard by the council with respect to
benefits and to the proportion of the cost of the improvement to be assessed
against their property.
Regular Council Meeting
'June ll, 1984
page 15 If the council determines to proceed with such
improvement, it shall estimate and fix the cost thereof and shall assess amd
levy such proportion or amount of such cost upon benefited property in
proportion as it may deem the same benefited; and for such purpose shall adopt
an assessment roll in such form as it may determine, and fix the time when
payments may be made. The lien of such assessment shall attach to all property
assessed ss of date of adoption of the assessment roll by the council.
shall be amended to read as follows:
PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local
improvements, the cost of which may lawfully be assessed against benefited
property, it shall determine and designate in a general way the character amd
extent of such improvement and the materials to be used, and thereupon it shall
order a careful estimate to be made by the city manager of the cost of such
improvements, together with a list of the several lots and parcels of land
fronting upon and adjacent to such proposed improvement which the city manager
deems benefited thereby, and the names of the owners of the several parcels, as
nearly as can be ascertained. After receiving such estimates the council shall
determine what property will be benefited by such local improvement, and shall
thereupon publish in the manner provided by this charter a list of all such
property, with the names of the ownerm so far as the same can be ascertained, or
in lieu of s,,ch list, a designation of the benefited district by giving the
boundaries thereof, together with a notice of the time and place when and where
all persons interested may appear and be heard by the council with respect to
benefits and to the proportion of the cost of the improvement to be assessed
against their property. If the council determines to proceed with such
improvement, it shall estimate and fix the cost thereof and shall assess and
levy such proportion or amount of such cost upon benefited property in
proportion ss it m~y deem the same benefited; and for such purpose shall adopt
an assessment roll in such form as it may determine, and fix the time when
payments m~y be made. The lien of such assessment shall attach to all property
assessed as of date of adoption of the assessment roll by the council.
Section 23: This ordinance shall be in full force and effect from and after ninety
(90) days after its passage.
First reading: May 14, 1984
Second reading: June 11, 1984
Date of passage: June l], 1984
PetkOff
Offered By: Hovland
Seconded By: All ayes
Roll Call:
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Secretary to the Council
Regular Council Meeting
June 11, 1984
page 16
b. Second Reading of Ordinance No. 1087 Granting a Certain Easement
The City Manager explained that this ordinance would grant an easement to the property
owner at 3970 Jackson Street of 22 feet across the Library parking lot on the west.
The Mayor advised the property owner that the staff had prepared an alternative to
th:s easement that being the relocation of the garage. It was suggested that the fund-
ing for this move would come from the Library Budget or from the Unallocated Fund Bal-
ance. A former Councilman stated he felt this was not a problem created by the City
therefore the City should not pay the costs. Discussion continued regarding this alt-
ernative, possible structural damage and costs.
Motion by Pefkoff, second by Carlson to defer further consideration of Ordinance No.
1087 until the next regular Council meeting on June 25th for additional information.
The City Engineer was requested to meet with the property owner to discuss the alter-
native and to seek firm costs. Roll call: All ayes
c. Resolution 84-40 $1,O70,000 General Obligation Tax Increment Bonds
Motion by Petkoff, second by Carlson to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
This resolution awards the bond sale to the lowest bidder and names a registrar to
handle the registration and administration of the City's bond issue. The bond counsel
advised the Council of all of the firms who could supply the services for this issue
and suggested that their fees would all be within 10% of each other. Mayor Nawrocki
felt strongly that the registrar should be a firm who is located in the City of Col-
umbia Heights. The Councll decided that the registrar should be the F & M Marquette
National Bank. It was noted that a substantlal amount of money was saved by the City's
bond rating going up to A-I. This new bond rating was a direct result of a trip made
by some City' officials and staff to the rating company in New York.
COLUMBIA HEIGHTS RESOLUTION NO. 84-40
BEING A ~ESC, LUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND
DIRECTIONS FOR SI,070,O00 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1984
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS
FOLLOWS:
Section 1. Award of Sale; Terms of Bonds.
1.O1. The City of Columbia Heights, Minnesota (t~e "Issuer") hereby awards the sale
of its S1,070,000 General Obligation Tax Increment Bonds, Series 1984 (the "Bonds")
to The First National Bank of St. Paul (the "Purchaser~') as the bidder offering the
lowest net interest cost by its bid to purchase the Bonds at a price of $1,O55,020.O0
plus accrued interest to the date of delivery, the Bonds to bear interest at the rates
per annum as follows:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1986 7.00% ]99] 8.75%
]987 7.40% 1992 9.00%
1988 8.00% 1993 9.20%
1989 8.25% 1994 9.40%
1990 8.5O%
Regular Council Meeting
J,,ne ll, 1984
page 17
The City Manager of the Issuer is directed to retain the good faith cheek of the
Purchaser pending delivery of and payment for the Bonds, and to return the cheeks
of the unsuccessful bidders.
1.02. The Issuer shall issue the Bonds in the aggregate principal amount of
$1,070,000, dated June 1, 1984 as fully registered bonds without coupons. The
Bonds shall be in denominations of $5,000 or any integral multiple thereof not
exceeding the principal amount of a single maturity, shall be numbered from R-1
upwards in order of issuance, and shah bear interest at the rates set forth above,
payable March 1, 1985 and semiannually thereafter on each March 1 and September
1, and shall mature on March ! in the years and amounts as follows:
Year A mount
1986 $ 90,000
1987 $ 95,000
1988 $ 100,000
1989 $ 105,000
1990 $ 115,000
1991 $ 125,000
1992 $ 135,000
1993 $ 145,000
1994 $ 160,000
1.03. All Bonds maturing on or after March 1, 1992, shah be subject to
redemption and prior payment in whole or in part in inverse order of maturity and
by lot within maturity at the option of the Issuer on March 1, 1991, and any
interest payment date thereafter at a price of par plus accrued interest. Thirty
days' prior notice of redemption shah be given by first-class mail to the Registrar
and to the registered owners of the Bonds, and notice of redemption will be
published in the manner provided by Chapter 475, Minnesota Statutes. Upon notice
having been so given, the Bonds or portions of Bonds therein specified shall be due
and payable at the stated redemption date and price with accrued interest to the
redemption date, and upon funds for such payment being held by or on behalf of the
Registrar for such payment on the specified redemption date, interest thereon shall
cease to accrue after such redemption date. Published notice, if given in
accordance herewith, shall be effective without mailed notice, and no defect in, or
failure to give, the mailed notice shall affect the validity of the proceeding for
redemption of any Bond. -
1.04. The Bonds shall be payable as to principal upon presentation at the
main offie----e of F&M Marquette National Bank , /{1 Minneapo] is , Minnesota
(the "Registrar"), or at the office of such other successor registrar as the Issuer
may hereafter designate upon 60 days mailed notice to the registered owners.
Interest on each Bond shah be payable to the person who is the registered holder
thereof either (i) at the close of business on the fifteenth (15th) day of the month
(whether or not a business day) next preceeding each interest payment date (the
"Record Date"), irrespective of any transfer or exchange of such Bond subsequent
to the Record Date and prior to such interest payment date, or (ii) if the Issuer
shall be in default in payment of interest due on such interest payment date, at the
close of business on the date (the "Special Record Date") for the payment of such
defaulted interest established by notice mailed by the Registrar on behalf of the
Issuer; notice of the Special Record Date shall be mailed not less than fifteen (15)
days preceeding the Special Record Date to the Registered Holder at the close of
business on the fifth (5th) day preceeding the date of mailing. Interest shall be
payable by check or draft mailed to the registered holder at his address as it
appears on the bond register on the Record Date, or Special Record Date, as the
case may be.
Regular Council
June 11, 1984
page 18
Meeting
Section 2. Form and Execution of the Bonds.
2.01. The Bonds shall be in substantially the following form, with the
necessary-variations as to number, CUSIP Number, rate of interest and date of
maturity, the blanks to be properly filled in:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF COLUMBIA HEIGHTS
No. R-
Rate
GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1984
Maturity Nominal Date of Original Issue
CUSIP
June 1, 1984
The City of Columbia Heights, Minnesota (the "City"), for value received,
hereby certifies that it is indebted and hereby promises to pay to
or registered
assigns, the principal sum of dollars
($ ) on the maturity date specified above, upon the presentation
and surrender hereof, and to pay to the registered owner hereof interest on such
principal sum at the interest rate specified above from June 1, 1984, or the most
recent interest payment date to which interest has been paid or duly provided for
as specified below, on March 1 and September 1 of each year, commencing March 1,
1985, until said principal sum is paid. Principal and the redemption price are
payable in lawful money of the United States of America at
F&H MarQuett~ Nal~iq)nal Bank , as Registrar, Transfer Agent and Paying
Agent, in MinneaDoli~ , Minnesota, or at the offices of such
successor agent as the City may designate upon 60 days notice to the registered
owners at their registered addresses (the "Registrar"). Interest shall be paid on
each February 1 and August 1 by check or draft mailed to the person in whose
name this Bond is registered at the close of bus, ness on the preceding January 15
and July 15 (whether or not a business day) at his or her address set forth on the
bond register maintair~ed by the Registrar. Any such interest not punctually paid
or provided for will be paid to the person in whose name this Bond is registered at
the close of business on a special record date established by the Registrar for the
payment of such defaulted interest.
The Bonds of this series maturing on or after March 1, 1992, are subject to
redemption at the option of the City, in whole or in part in inverse order of
maturity and by lot within a maturity, on March 1, 1991 and any interest payment
date thereafter at a price equal to par and accrued interest. Thirty days' prior
notice of redemption will be given by first-class mail to the Registrar and to the
registered owners, and notice of redemption will be published in the manner
provided by Minnesota Statutes, Chapter 475. Published notice shall be effective
without maQed notice, and no defect in, or failure to give, mailed notice will
affect the 'validity of the proceedings for redemption.
· ~egular Council Meeting
June Il, 1984
p~ge 19
This Bond is one of a series of Bonds in the aggregate principal amount of
One MLllion and Seventy Thousand DoLlars ($1,070,000) of like date and tenor
except for number, interest rate, denomination, date of maturity and redemption
privilege, and is issued for the purposes of (i) financing certain public
redevelopment costs of the Downtown Central Business District Revitalization
Project (the 'Project") undertaken by The Housing and Redevelopment Authority in
and for the City of Columbia Heights, Minnesota, (the "Authority") and (ii)
refunding the City's General Obligation Bonds of 1982 in the aggregate outstanding
principal amount of $450,000, which were issued to finance certain public
redevelopment costs of the Project, and is issued pursuant to an authorizing
resolution (the "Resolution") duly adopted by the City Council of the City on June
11, 1984. This Bond is issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, and the Charter of the City.
The Bonds of this series are payable from the General Obligation Tax
Increment Bonds of 1982 Fund (the "Fund") of the Project Account created by the
City by resolution adopted on August 11, 1980, to which Fund have been pledged by
the Authority certain collections of tax increment. All taxable property within the
City is also subject to the levy of ad valorem taxes required by law to be levied and
extended if needed for this purpose, without limitation of rate or amount. The
issuance of this bond does not cause the indebtedness of the City to exceed any
constitutional or statutory limitation thereon.
As provided in the Resolution, and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the City kept for that purpose
at the principal office of the Registrar, by the registered owner hereof in person or
by such owner's attorney duly authorized in writing, upon surrender of this Bond
together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or such owner's duly authorized attorney. Upon
such transfer and the payment of any tax, fee or governmental charge r~quired to
be paid by the City or the Registrar with respect to such transfer, there will be
issued in the name of the transferee a new Bond or Bonds of the same aggregate
principal amount as the surrendered Bond.
The Bonds of this series are issuable only as fully registered bonds without
coupons in denominations of $5,000 or any integral multiple thereof not exceeding
the principal amoun~ maturing in any one year. As provided in the Resolution and
subject to certain limitations therein set forth, the Bonds of this series are
exchangeable for a like aggregate principal amount of Bonds of this series of a
different authorized denomination, as requested by the registered owner or his duly
authorized attorney, upon surrender thereof to the Registrar.
It is hereby Certified and Recited 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 exist, to happen and to be performed in order to make this
Bond a valid and binding general obligation of the City according to its terms, have
been done, do exist, have happened and have been performed in due form, time and
manner as so required.
This Bond shall not be valid or become obligatory for any purpose until the
Certificate of Authentication hereon shall have been manually signed by a person
authorized to sign on behalf of the Registrar.
Regular Council Meeting
June 11, 1984
page 20
IN WITNESS WHEREOF, the City of Columbia Heights, Minnesota has caused this Bond
to be executed with the facsimile signatures of the Mayor and its City Manager, as
of the Nominal Date of Original Issue specified above.
COLUMBIA HEIGHTS, MINNESOTA
By
(Facsimile)
Mayor
(Facsimile
City Manager
Certificate of Authentication
This is one of the Bonds described in the within mentioned Resolution.
Bond Registrar
By Authorized Signature
ASSIG~}MENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
(Please Print or Typewrite Name and Address of Transferee.
Include information for all joint owners if the Bonds are held by joint account.)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and
appoints attorney to transfer the within Bond on the
books kept for registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed by:
Signature(s) must be guaranteed by a
commercial bank or trust company or
by a brokerage firm having member-
ship in one of the major stock
exchanges.
Notice: The signature(s) on this
assignment must correspond with the
name(s) appearing on the face of this
Bond in every particular, without
alteration or any change whatever.
Please insert Social Security Number
or Other Identifying Number of
Assignee
Regular Council
.~une I1, 1984
page 21
Meeting
(Form of Certificate)
CERTIFICATE AS TO LEGAL OPINION
1, Robert S. Boewinski, City Manager of the City of Columbia Heights,
Minnesota, hereby certify that except for the date line, the above is a full, true
and compared copy of the legal opinion of Holmes & Graven, Chartered, of
Minneapolis, Minnesota, which was delivered to me upon delivery of the bonds and
is now on file in my office.
(Facsimile)
City Manager
Columbia Heights
2.02. As long as any of the Bonds issued hereunder shall remain
outstanding, the Issuer shall cause to be kept at the principal office of the
Registrar a register in which, subject to such reasonable regulations as the
Registrar may prescribe, the Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds. ., is
hereby appointed Registrar Transfer Agent and Paying Agent with respect to the
Bonds, and the City Manager is hereby authorized to execute, on behalf of the
Issuer, an agreement with the Registrar regarding the Bonds, in a form acceptable
to the City Manager and not materially inconsistent with the terms of this
resolution.
Upon surrender for transfer of any Bond with a written instrument of
transfer satisfactory to the Registrar, duly executed by the registered owner or his
duly authorized attorney, and upon payment of any tax, fee or other governmental
charge required to be paid with respect to such transfer, the Issuer shall execute, if
necessary, and the Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more fully registered Bonds of any
authorized denominations and of a like aggregate principal amount, interest rate
and maturity. Any Bonds, upon surrender thereof at the office of the Registrar
may, at the option of the registered owner thereof, be exchanged for an equal
aggregate principal amount of Bonds of the same maturity and interest rate of any
authorized denominations. In all cases in which the privilege of exchanging or
transferring fully registered Bonds is exercised, the Issuer shall execute and the
Registrar shall deliver Bonds in accordance with the provisions of this Resolution.
For every such exchange or transfer of Bonds, whether temporary or definitive, the
Issuer or the bond Registrar may make a charge sufficient to reimburse it for any
tax, fee or other government~] charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the privilege
of making such exchange or transfer. Notwithstanding any other provision of this
Resolution, the cost of preparing each new Bond upon each exchange or transfer,
and any other expenses of the Issuer or the Bond Registrar incurred in connection
therewith (except any applicable tax, fee or other governmental charge) shall be
paid by the Issuer. The Issuer shall not be obligated to make any such exchange or
transfer of Bonds during the fifteen (15) days next preceding the date of the first
publication of notice of redemption in the case of a proposed redemptioffof Bonds.
The Issuer and the Registrar shall not be required to make any transfer or exchange
of any Bonds called for redemption.
Regular Council Meeting
June 11, 1984
page 22
2.0'.3. Subject to the provisions of Section 1.04 of this resolution regarding
payment of interest on the Bonds to the owners thereof as of the Record Date or
Special Record Date, each Bond delivered under this Resolution upon transfer of or
in exchange for or in lieu of any other Bond shall carry all the rights to interest
accrued and unpaid, and to accrue, which were carried by such other Bond and each
such Bond shall bear interest from such date that neither gain nor loss in interest
shall result from such transfer, exchange or substitution.
2.04. As to any Bond, the Issuer and the Registrar and their respective
successors, each in its discretion, may deem and treat the person in whose name
the same for the time being shall be registered as the absolute owner thereof for
all purposes and neither the Issuer nor the Registrar nor their respective successors
shall be affected by any notice to the contrary. Payment of or on account of the
principal of any such Bond shall be made only to or upon the order of the registered
owner thereof, but such registration may be changed as above provided. All such
payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond to the extent of the sum or sums so paid.
2.05. If (i) any mutilated Bond is surrendered to the Registrar, and the
Issuer and the Registrar receive evidence to their satisfaction of the destruction,
loss, or theft of any Bond, and (ii) there is delivered to the Issuer and the Registrar
such security or indemnity as may be required by them to save each of them
harmless, ,then, in the absence of notice to the Issuer or the Registrar that such
Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon
its request the Registrar shall authenticate and deliver, in exchange for or in lieu
of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of like tenor and
principal amount, bearing a number not contemporaneously outstanding. In ease
any such mutilated, destroyed, lost, or stolen Bond has become or is about to
become due and payable, the Issuer in its discretion may, instead of issuing a new
Bond, pay such Bond.
Upon the issuance of any new Bond under this subsection, the Issuer may
require the payment of a sum sufficient to cover any tax or other governmental
charge that may be imposed in relation thereto. Every new Bond issued pursuant to
this subsection in lieu of any destroyed, lost, or stolen Bond shall constitute an
original additional contractual obligation of the Issuer, whether or not the
destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and
shall be entitled to all the benefits of this Resolution equally and proportionately
with any and all other Bonds duly issued hereunder.
The provisions of this Section are exclusive and shall preclude (to the extent
lawful) all other rights and remedies with respect to the replacement or payment
of mutilated, destroyed, lost, or stolen Bonds.
Section 3. Execution and Delivery
3.01. The Bonds shall be executed by the respective facsimile signatures of
the Mayor and the City Manager of the Issuer as set forth in the form of Bond. The
seal of the Issuer shall be omitted from the Bonds as permitted by law. The text of
the approving legal opinion of Holmes & Graven, Chartered, of Minneapolis,
Minnesota, as bond counsel, shall be printed on the reverse side of each Bond and
shall be certified by the facsimile signature of the City Manager. When said Bonds
shall have been duly executed and authenticated by the Registrar in accordance
with this resolution, the same shall be delivered to the Purchaser upon payment of
the purchase price, and the delivery of receipt of the Clerk-Treasurer of the Issuer
delivered to the Purchaser thereof shall be a full acquittance; and the Purchaser
shall not be bound to see to the application of the purchase money. The Bonds shall
not be valid for any purpose until authenticated by the Registrar.
Regular Council Meeting
~June 11, 1984
page 23
3.02. The Official Statement relating to the Bonds, on file with the City
Manager'~d presented to this meeting, is hereby approved, and the furnishing
thereof to prospective bidders for the Bonds is hereby ratified and confirmed,
insofar as the same relates to the Bonds and the sale thereof.
3.03. If such officers find the same to be accurate, the Mayor and the City
Manager a~e authorized and directed to furnish to the Purchaser at the closing a
certificate that, to the best of the knowledge of such officers, the Official
Statement does not, at the date of closing, and did not, at the time of sale of the
Bonds, contain any untrue statement of a material fact or omit to state any
material fact necessary in order to make the statements made therein, in the light
of the circumstances under which they were made, not misleading. Unless
litigation shall have been commenced and be pending questioning the Bonds,
revenues pledged for payments of the bonds, or the organization of the Issuer or
incumbency of its officers, at the closing, such officers shall execute and deliver to
the successful bidder a suitable certificate as to absence of material litigation, and
a certificate as to payment for and delivery of the Bonds, together with the
arbitrage certificate referred to below and the signed approving legal opinion of
Holmes & Graven, Chartered, as to the validity and enforceability of the Bonds and
the exemption of interest thereon from federal and Minnesota income taxation
(o[her than Minnesota corporate and bank excise taxes measured by income) under
present laws and rulings.
Section 4. Bond Fund, Appropriations, Pledge.
4.01. (a) Refunding. There was created by Resolution No. 82-56 of the
Issuer adopted on October 25, 1982, a special fund, designated the General
Obligation Tax Increment Bonds of 1982 Fund (the "Fund") in the Project Account
established by the Issuer, by resolution adopted on August 11, 1980, in connection
with the issuance of its $8,175,000 General Obligation Tax Increment Bonds. The
Fund was established to provide for the payment of the Issuer's General Obligation
Tax Increment Bonds of 1982 (the "Temporary Bonds") and any other general
obligation bonds of the Issuer made payable from such Fund. Pursuant to
Resolution No. 82-56, the proceeds of any definitive bonds issued to refund the
Temporary Bonds were pledged to the Fund. Accordingly, a portion of proceeds of
the Bonds shall be deposited in th~ debt service account of the Fund upon receipt,
in an amount sufficient, together with amounts on hand in such account, and in the
reserve account, to pay principal of, and interest on the Temporary Bonds on
December 1, 1984. The Temporary Bonds will be called for redemption on
December 1, 1984, and the principal of and interest on such bonds shall be paid
from amounts in such debt service account and in the reserve account of-the Fund
created pursuant to Resolution No. 82-56, and the City Manager is directed to
cause notice of such redemption to be given in accordance with the provisions of
Resolution 82-56.
(b) New Money. Proceeds of the Bonds not deposited in the debt service
account of the Fund in accordance with paragraph (a) above, shall be deposited in
the capital account (the "Capital Account") of the Fund, from which 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, subd. 4, and 462.411 et
seq.
Regular Council Meeting
June ll, 191B4
page 24
The pledge of funds to the Fund made by Resolution No. 82-56 is hereby
ratified and confirmed, and both the debt service account and the reserve account
therein will be maintained in accordance with Resolution No. 82-56, and principal
of and interest on the Bonds is hereby made payable from such accounts. There
shall also be pledged to the debt service account certain tax increment generated
from the University Avenue Tax Increment Financing District adopted by action of
the City Council on May 21, 1984, and the Mayor and the City Manager are hereby
authorized to executed an amendment to the Tax Increment Pledge Agreement
with the Authority, dated August 11, 1980, for the purpose of assuring the pledge
of such tax increment to the payment of principal of and interest on the Bonds.
4.~12. To provide moneys for the payment of principal of and interest on the
Bonds there is hereby levied upon all taxable property within the Issuer a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with
and as part of, other general property taxes in the Issuer for the years and amounts
as follows:
Levy Year
Collection Year
Amount Levied
[ Attached]
Such tax levies are such that if collected in full, they, together with
estimated collections of tax increment and other revenues pledged to the payment
of the Bonds, will produce at least five percent (5%) in excess of amounts needed
to meet when due principal of and interest on the Bonds.
Said levies shall be irrevocable as long as any of the Bonds are outstanding
and unpaid, provided that the Issuer reserves the right and power to reduce the
levies in the manner and to the extent permitted by Minnesota Statutes, Section
475.61, Subd. 3.
4.03. The Clerk-Treasurer is directed to keep on file in his office a
tabulation of the dates and amounts of the principal and interest payments to
become due and amounts of the principal and interest payments to become due on
bonds payable from the Fund.
Section 5. Miscellaneous.
5.01. The Issuer covenants and agrees with the Purchaser and holders of
the Bonds that the investments of proceeds of the Bonds, including the irivestment
of any revenues pledged to the Bonds which are considered proceeds under the
applicable regulations, and accumulated sinking funds, if any, shall be limited as to
amount and yield in such manner that the Bonds shall not be arbitrage bonds within
the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended,
and regulations thereunder. On the basis of the existing facts, estimates and
circumstances, including the foregoing findings and covenants, the Issuer hereby
certifies that it is not expected that the proceeds of the Bonds will be used in such
manner as to cause the Bonds to be arbitrage bonds under Section 103(c) and
regulations thereunder. The Mayor and the City Manager of the Issuer shall furnish
an arbitrage certificate to the Purchaser embracing or based on the foregoing
certification at the time of delivery of the Bonds to the Purchaser. The proceeds
of the Bonds will likewise be used in such manner that the Bonds are not industrial
development bonds under Section 103(b) of the Internal Revenue Code.
~Regular Council Meeting
June 11, 1984
page 25
5.02. The City Manager is hereby authorized and directed to certify a copy of this
Resolution and to cause the same to be filed in the office of the auditor of the County
Auditor of Anoka County together with such other information as the county auditor may
require, and to obtain from the county auditor a certificate that the Bonds have been
c-tcrcd upon his bond register.
5.03. The officers of the Issuer are authorized and directed to prepare and furnish
to the Purchaser and to the attorneys approving the Bonds, certified copies of all pro-
ceedings and records of the Issuer relating to the power and authority of the Issuer
to issue the Bonds within their knowledge or as shown by the books and records in
their custody and control, and such certified copies and certificates shall be deemed
representations of the Issuer as to the facts stated therein.
Adopted this llth day of June, 1984.
Offered by: Carlson
Seconded by: Petkoff
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
d. Resolution 84-41 $2,600,00 General Obligation Permanent Improvement Fund Bonds
Motion by Peterson, second by Petkoff to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
COLUMBIA HEIGHTS
RESOLUTION NO. 84-41
BEING A RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS
AND DIRECTIONS FOR $2,600,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT FUND BONDS,
SERIES 1984
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS
FOLLOWS:
Section 1. Award of Sale; Terms of Bonds.
1.01. The City of Columbia Heights, Minnesota (the "Issuer") hereby awards the
sale of its $2,600,OOO Genera) Obligation Permanent Improvement Fund Bonds, Series
1984 (the "Bonds") to Cronin & Marcotte, Incorporated (the "Purchaser") as the bidder
offering the lowest net interest cost by its bid to purchase the Bonds at a price
of $2,561,000, plus accrued interest to the date of delivery, the Bonds to bear
interest at the rates per annum as follows:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1985 6.50% 1991 8.75%
1986 7.00% 1992 9.00%
1987 7.50% 1993 9.20%
1988 8.00% 1994 9.40%
1989 8.25% 1995 9.60%
1990 8.50% 1996 9.75%
Regular Cou~nci]
June II, 19134
page 26
Meeting
The City Manager of the Issuer is directed to retain the good faith cheek of the
Purchaser pending delivery of and payment for the Bonds, and to return the cheeks
of the unsuccessful bidders.
1.02. The Issuer shall issue the Bonds in the aggregate principal amount of
$2,600,000, dated June 1, 1984 as fully registered bonds without coupons. The
5onds shall be in denominations of $5,000 or any integral multiple thereof not
exceeding the principal amount of a single maturity, shall be numbered from R-1
upwards in order of issuance, and shall bear interest at the rates set forth above,
payable March 1, 1985 and semiannually thereafter on each March I and September
1, and shfdl mature on March 1 in the years and amounts as follows:
Year Amount
1985 $ 140,000
1986 150,000
1987 160,000
1988 170,000
1989 185,000
1990 195,000
1991 215,000
1992 230,000
1993 250,000
1994 275,000
1995 300,000
1996 330,000
1.03. All Bonds maturing on or after March 1, 1989, shall be subject to
redemption and prior payment in whole or in part in inverse order of maturity and
by lot within maturity at the option of the Issuer on March 1, 1988, and any
interest payment date thereafter at a price of par plus accrued interest. Thirty
days' prior notice of redemption shall be given by first-class mail to the Registrar
and to the registered owners of the Bonds, and notice of redemption will be
published in the manner provided by Chapter 475, Minnesota Statutes. Upon notice
having been so given, the Bonds or portions of Bonds therein specified shall be due
and payable at the stated redemption date and price with accrued interest to the
redemption date, and upon funds for such payment being held by or on behalf of the
Registrar for such payment on the specified redemption date, interest thereon shah
cease to accrue after such redemption date. Published notice, if_given in
accordance herewith, shall be effective without mailed notice, and no defect in, or
failure to give, the mailed notice shall affect the validity of the proceeding for
redemption of any Bond.
1.04. The Bonds shall be payable as to principal upon presentation at the
main offic;'e of F~SM Mar0uette National Bank , in Minneapol is , Minnesota
(the "Registrar"), or at the office of such other successor registrar as the Issuer
may hereafter designate upon 60 days mailed notice to the registered owners.
Interest on each Bond shall be payable to the person who is {:he registered holder
thereof either (i) at the close of business on the fifteenth (15th) day' of the month
(whether or not a business day) next preceeding each interest payment date (the
"Record Date"), irrespective of any transfer or exchange of such Bond subsequent
to the Record Date and prior to such interest payment date, or (ii) if the Issuer
shall be in default in payment of interest due on such interest payment date, at the
close of business on the date (the "Special Record Date") for the payment of such
defaulted interest established by notice mailed by the Registrar on behalf of the
Regular Council Meeting
June II, 1984
page 27
Issuer; notice of the Special Record Date shall be mailed not less than fifteen (15)
days preceeding the Special Record Date to the Registered Holder at the close of
business on the fifth (5th) day preeeeding the date of mailing. Interest shall be
payable by cheek or draft mailed to the registered holder at his address as it
appears on the bond register on the Record Date, or Special Record Date, as the
case may be.
Section 2. Form and Execution of the Bonds.
2.01. The Bonds .shall be in substantially the following form, 'with the
necessary variatiom as to number, CUSIP Number, rate of interest and date of
maturity, the blanks to be properly filled in:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF COLUMBIA HEIGHTS
No. R- $
GENERAL OBLIGATION PERMANENT IMPROVEMENT FUND BOND, SERIES 1984
l~ate Maturity
Nominal Date of Original Issue CUSIP
June 1, 1984
The City of Columbia Heights, Minnesota (the "City"), for value received,
hereby certifies that it is indebted and hereby promises to pay to
or registered
assigns, the principal sum of dollars
($ ) on the maturity date specified above, upon the presentation
and surrender hereof, and to pay to the registered owner hereof interest on such
principal sum at the interest rate specified above from June 1, 1984, or the most
recent interest payment date to which interest has been paid or duly provided for
as specified below, on March 1 and September 1 of each year, commencing March 1,
1985, until said principal sum is paid. Principal and the redemption price are
payable in lawful money of the United States of America at
F&M M~rque,,e Na.t;..pna{ .B.a.nk , as Registrar, Transfer Agent and Paying
Agent, in Minneapo){.~, , Minnesota, or at the offices-of such
successor agent as the City may designate upon 60 days notice to the registered
owners at their registered addresses (the "Registrar"). Interest shall be paid on
each February 1 and August ! by cheek or draft mailed to the person in whose
name this Bond is registered at the close of business on the preceding January 15
and July 15 (whether or not a business day) at his or her address set forth on the
bond register maintained by the Registrar. Any such interest not punctually paid
or provided for will be paid to the person in whose name this Bond is registered at
the close of business on a special record date established by the Registrar for the
payment of such defaulted interest.
The Bonds of this series maturing on or after March 1, 1989, are subject to
redemption at the option of the City, in whole or in part in inverse order of
maturity and by lot within a maturity, on March 1, 1988 and any interest payment
date thereafter at a price equal to par and accrued interest. Thirty days' prior
notice of redemption will be given by first-class mail to the Registrar and to the
registered owners, and notice of redemption will be published in the manner
provided by Minnesota Statutes, Chapter 475. Published notice shall be effective
without mailed notice, and no defect in, or failure to give, mailed notice will
affect the validity of the proceedings for redemption.
Regular Council Meeting
June 11, 19~)4
page 28
This Bond is one of a series of Bonds in the aggregate principal amount of
Two Million Six Hundred Thousand Do[lam ($2,600,000) of like date and tenor
except for number, interest rate, denomination, date of maturity and redemption
privilege, and is issued for the purpose of refunding the City's General Obligation
Permanent Improvement Fund Bonds of 1982 in the aggregate outstanding principal
amount of $2,550,000, which were issued to finance certain local improvements
(the "Improvements") in the City, and is issued pursuant to an authorizing
resolution (the "Resolution") duly adopted by the City Council of the City on June
11, 1984, This Bond is issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, and the Charter of the City,
The Bonds of this series are payable from the Permanent Improvement Fund
Bonds of 1982 Debt Service Account of the City's Sinking Fund kept for the
payment of debt services of bonds of the City, to which account have been pledged
special assessments levied upon properties benefited by the Project. All taxable
property within the City is also subject to the levy of ad valorem taxes required by
law to be levied and extended if needed for this purpose, without limitation of rate
or amount. The issuance of this bond does not cause the indebtedness of the City
to exceed} any constitutional or statutory limitation thereon.
As provided in the Resolution, and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the City kept for that purpose
at the principal office of the Registrar, by the registered owner hereof in person or
by such owner's attorney duly authorized in writing, upon surrender of this Bond
together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or sueh owner's duly authorized attorney. Upon
such transfer and the payment of any tax, fee or governmental charge required to
be paid by the City or the Registrar with respect to such transfer, there will be
issued in the name of the transferee a new Bond or Bonds of the same aggregate
principal amount as the surrendered Bond. -
The Bonds of this series are issuable only as fully registered bonds without
coupons in deno~inations of $5,000 or any integral multiple thereof not exceeding
the prine][pal c-:::unt maturing in any one year. As provided in the Resolution and
subject to ce:.ain limitations therein set forth, the Bonds of this series are
exchangeable for a like aggregate principal amount of Bonds of this series of a
different authorized denomination, as requested by the registered owner or his duly
authorized attorney, upon surrender thereof to the Registrar.
It is hereby Certified and Recited 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 exist, to happen and to be performed in order to make this
Bond a valid and binding general obligation of the City according to its terms, have
been done, do exist, have happened and have been performed in due form, time and
manner a.~ so required.
This Bond shah not be valid or become obligatory for any purpose until the
Certificate of Authentication hereon shall have been manually signed by a person
authorized to sign on behalf of the Registrar.
IN ~rNESS WHEREOF, the City of Columbia Heights, Minnesota has
caused this Bond to be executed with the facsimile signatures of the Mayor and its
City Manager, as of the Nominal Date of Original Issue specified above.
Dated:
~egular
June 11,
page 29
Council Meeting
1984
COLUMBIA HEIGHTS, MINNESOTA
By
~Faesimile)
Mayor
IFaesimile)
City Manager
Certificate of Authentication
This is one of the Bonds described in the within mentioned Resolution.
Bond Registrar
By
Authorized Signature
unto
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers
(Please Print or Typewrite Name and Address of Transferee.
Include information for all joint owners if the Bonds are held by joint account.)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and
appoints attorney to transfer the within Bond on
the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
Signature Guaranteed by:
Signature(s) must be guaranteed by a
commercial bank or trust company or
by a brokerage firm having
membership in one of the major stock
exchanges.
Notice: The signature(s) on this
assignment must correspond with the
name(s) appearing on the face of this
Bond in every particular, without
alteration or any change whatever.
Please Insert Social Security Number
or Other Identifying Number of
Assignee
Regular Council
June ll, 198,4
page 30
Meeting
(Form of Certificate)
CERTIFICATE AS TO LEGAL OPINION
I, Robert S. Boewinski, City Manager of the City of Columbia Heights,
Minnesota, hereby certify that except for the date line, the above is a full, true
and compared copy of the legal opinion of Holmes & Graven, Chartered, of
Minneapolis, Minnesota, which was delivered to me upon delivery of the bonds and
is now on file in my office.
(Facsimile)
City Manager
CoIumbia Heights
2.012. As long as any of the Bonds i~sued hereunder shall remain
outstandl-"~-6}, the Issuer shall cause to be kept at the principal office of the
Registrar a register in which, subject to such reasonable regulations as the
Registrar may prescribe, the Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds. , i~
hereby appointed Registrar Transfer Agent and Paying Agent with respect to the
Bonds, an~ the City Manager is hereby authorized to execute, on behalf of the
Issuer, an agreement with the Registrar regarding the Bonds, in a form acceptable
to the City Manager and not materially inconsistent with the terms of this
resolutiom~
Upon surrender for transfer of any Bond with a written instrument of
transfer satisfactory to the Registrar, duly executed by the registered owner or his
duly authorized attorney, and upon payment of any tax, fee or other governmental
charge required to be paid with respect to such transfer, the Issuer shall execute, if
necessary, and the Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more fully registered Bonds of any
authorized denominations and of a like aggregate principal amount, interest rate
and maturity. Any Bonds, upon surrender thereof at the office of the Registrar
may, at the option of the registered owner thereof, be exchanged for an equal
aggregate principal amount of Bond~ of the s~me maturity and interest rate of any
authorized denominations. In al~ eases in which the privilege of exchanging or
transferring fully registered Bonds is exercised, the Issuer shall execute and the
Registrar shall deliver Bonds in accordance with the provisions of this Resolution.
For every such exchange or transfer of Bonds, whether temporary or definitive, the
Issuer or the bond Registrar may make a charge sufficient to reimburse it for any
tax, fee or other governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums sh~ll be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the privilege
of making such exchange or transfer. Notwithstanding any other provision of this
Resolution,. the cost of preparing each new Bond upon each exchange or transfer,
and any other expenses of the Issuer or the Bond Registrar incurred in connection
therewith (except any applicable tax, fee or other governmental charge) shall be
paid by the Issuer. The Issuer shall not be obligated to make any such exchange or
transfer of Bonds during the fifteen (15) days next preceding the date of the first
publication of notice of redemption in the case of a proposed redemption-of Bonds.
The Issuer and the Registrar shall not be required to make any transfer or exchange
of any Bonds called for redemption.
Regular Council Meeting
June 11, 1984
page 31
2.03. Subject to the provisions of Section 1.04 of this resolution regarding
paymen-~f interest on the Bonds to the owners thereof as of the Record Date or
Special Record Date, each Bond delivered under this Resolution upon transfer of or
in exchange for or in lieu of any other Bond shall carry all the rights to interest
accrued and unpaid, and to accrue, which were carried by such other Bond and each
such Bond shall bear interest from such date that neither gain nor loss i.n interest
shall result from such tran~sfer, exchange or substitution.
2.04. As to any .Bond, the Issuer and the Registrar and their respective
successors, each in its discretion, may deem and treat the person in whose name
the same for the time being shall be registered as the absolute owner thereof for
all purposes and neither the Issuer nor the Registrar nor their respective successors
shall be affected by any notice to the contrary. Payment of or on account of the
principal of any such Bond shall be made only to or upon the order of the registered
owner thereof, but such registration may be changed as above provided. All such
payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond to the extent of the sum or sums so paid.
2.05. If (i) any mutilated Bond is surrendered to the Registrar, and the
Issuer an--~'the Registrar receive evidence to their satisfaction of the destruction,
loss, or theft of any Bond, and (ii) there is delivered to the Issuer and the Registrar
-_ueh security or indemnity as may be required by them to save each of them
harmless, then, in the absence of notice to the Issuer or the Registrar that such
Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon
its request the Registrar shall authenticate and deliver, in exchange for or in lieu
of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of like tenor and
principal amount, bearing a number not contemporaneously outstanding. In case
any such mutilated, destroyed, lost, or stolen Bond has become or is about to
become due and payable, the Issuer in its discretion may, instead of issuing a new
Bond, pay such Bond.
Upon the issuance of any new Bond under this subsection, the Issuer may
require the payment of a sum sufficient to cover any tax or other governmental
charge that may be imposed in relation thereto. Every new Bond issued pursuant to
this subsection in lieu of any destroyed, lost, or stolen Bond shall constitute an
original additional contractual obligation of the Issuer, whether or not the
destroyed, lost, or stolen Bond shell be at any time enforceable by anyone, and
shall be entitled to all the benefits of this Resolution equally and proportionately
with any and all other Bonds duly issued hereunder.
The provisions of this Section are exclusive and shall preclude (to the extent
lawful) all other rights and remedies with respect to the replacement or payment
of mutilated, destroyed, lost, or stolen Bonds.
Section 3. Execution and Delivery
3.01. The Bonds shall be executed by the respective facsimile signatures of
the Mayor"and the City Manager of the Issuer as set forth in the form of Bond. The
seal of the Issuer shall be omitted from the Bonds as permitted by law. The text of
the approving legal opinion of Holmes & Graven, Chartered, of Minneapolis,
Minnesota, as bond counsel, shall be printed on the reverse side of each Bond and
shall be certified by the facsimile signature of the City Manager. When said Bonds
shall have been duly executed and authenticated by the Registrar in accordance
with this resolution, the same shall be delivered to the Purchaser upon payment of
the purchase price, and the delivery of receipt of the Clerk-Treasurer of the Issuer
delivered to the Purchaser thereof shall be a full acquittance; and the Purchaser
shall not be bound to see to the application of the purchase money. The Bonds shall
not be valid for any purpose until authenticated by the Registrar.
Regular Council
June ll, 1984
page 32
Meeting
3.0',2. The Official Statement relating to the Bonds, on file with the City
Manager and presented to this meeting, is hereby approved, and the furnishing
thereof to prospective bidders for the Bonds is hereby ratified and confirmed,
insofar as the same relates to the Bonds and the sale thereof.
3.03. If such officers find the same to be accurate, the Mayor and the City
Manager are authorized and directed to furnish to the Purchaser at the closing a
certificate that, to the best of the knowledge of such officers, the Official
Statement does not, at the date of closing, and did not, at the time of sale of the
Bonds, contain any untrue statement of a material fact or omit to state any
material fact necessary in order to make the statements made therein, in the light
of the circumstances under which they were made, not misleading.. Unless
litigation shall have been commenced and be pending questioning the Bonds,
revenues pledged for payments of the bonds, or the organization of the Issuer or
incumbency of its officers, at the closing, such officers shall execute and deliver to
the successful bidder a suitable certificate as to absence of material litigation, and
a certificate as to payment for and delivery of the Bonds, together with the
arbitrage certificate referred to below and the signed approving legal opinion of
Holmes & Graven, Chartered, as to the validity and enforceability of the Bonds and
the exemption of interest thereon from federal and Minnesota income taxation
(other than Minnesota corporate and bank excise taxes measured by income) under
present laws and rulings.
Section 4. Debt Service Account, Appropriations, Pledge.
4.01._ There was created by Resolution No. 82-55 of the Issuer adopted on
October 25, 1982, a special account in the sinking fund maintained by the Issuer,
designated the "Permanent Improvement Fund Bonds of 1982 Debt Service
Account" (the "Debt Service Account") for the payment of the Issuer's General
Obligation Permanent Improvement Fund Bonds of 1982 (the "Temporary Bonds")
and any other general obligation bonds of the Issuer made payable from such
account. Pursuant to Resolution No. 82-55, the proceeds of any definitive bonds
issued to refund the Temporary Bonds were pledged to the Debt Service Account.
Accordingly, the proceeds of the Bonds, including accrued interest and unused
discount, shall be deposited in the Debt Service Account upon receipt. The
Temporary Bonds will be called for redemption on December 1, 1984, and the
principal of and interest on such bonds shall be paid from amounts in the Debt
Service Account and in the "Permanent Improvement Fund Bonds of 1982 Reserve
Account" (the ~Reserve Account~) created pursuant to Resolution No. 82-55, and
the City Manager is directed to cause notice of such redemption to be given in
accordance with the provisions of Resolution 82-55. -
The pledge of funds to the Debt Service Account made by Resolution No.
82-55 is hereby ratified and confirmed, and both the Debt Service Account and the
Reserve Account will be maintained in accordance with Resolution No. 82-55, and
principal of and interest on the Bonds is hereby made payable from such accounts.
4.0',~. To provide moneys for the payment of principal of and interest on the
Bonds there is hereby levied upon all taxable property within the Issuer a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with
and as part of, other general property taxes in the Issuer for the years and amounts
as follows::
,Regular Council Meeting
June ll, 1984
page 33
Levy Year
Collection Year
[ Attached]
Amount Levied
Such tax levies are such that if eoUeeted in full~ they, together with
estimated collections of special assessments pledged to the payment of the Bonds,
will produce at least five percent (596) in excess of amounts needed to meet when
due principal of and interest on the Bonds.
Said levies shaU be irrevocable as long as any of the Bonds are outstanding
and unpaid, provided that the Issuer reserves the right and power to reduce the
levies in the manner and to the extent permitted by Minnesota Statutes, Section
475.61, Subd. 3.
4.03. The Clerk-Treasurer is directed to keep on file in his office a
tabulation of the dates and amounts of the principal and interest payments to
become due and amounts of the principal and interest payments to become due on
bonds payable from the Debt Service Account.
Section 5. MiscellAneous.
5.01. The Issuer covenants and agrees with the Purchaser and holders of
the Bonds that the investments of proceeds of the Bonds, including the investment
of any revenues pledged to the Bonds which are considered proceeds under the
applicable regulations, and accumulated sinking funds, if any, shall be limited as to
amount and yield in such manner that the Bonds shall not be arbitrage bonds within
the meaning of Section 103(e) of the Internal Revenue Code of 1954, as amended,
and regulations thereunder. On the basis of the existing facts, estimates and
circumstances, including the foregoing findings and covenants, the Issuer hereby
certifies that it is not expected that the proceeds of the Bonds will be used in such
manner as to cause the Bonds to be arbitrage bonds under Section 103(e) and
regulations thereunder. The Mayor and the City Manager of the Issuer shall furnish
an arbitrage certificate to the Purchaser embracing or based on the foregoing
certification at the time of delivery of the Bonds to the Purchaser. The proceeds
of the Bonds will likewise be used in such manner that the Bonds are not industrial
development bonds under Section 103(b) of the Internal Revenue Code.
5.02. The City Manager is hereby authorized and directed to certify a copy
of this Resolution and to cause the same to be {'fled in the office of the ~uditor of
the County Auditor of Anoka County together with such other information as the
county auditor may require, and to obtain from the county auditor a certificate
that the Bonds have been entered upon his bond register.
5.03. The officers of the Issuer are authorized and directed to prepare and
furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of all proceedings and records of the Issuer relating to the power and authority of
the Issuer to issue the Bonds within their knowledge or as shown by the books and
records in their custody and control, and such certified copies and certificates shall
be deemed representations of the Issuer as to the facts stated therein.
Adopted this llth day of June, 1984.
R~gular Cour~cil Meeting
June 11, 19514
page 34
Offered by: Carlson
Seconded by: Peterson
Roll call: All ayes
de-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
e. University Heights Subdivision - Resolutions
The HRA appeared before the Planning and Zoning Commission requesting lotsplits of
properties located in the University Heights Project area. The Planning and Zoning
Commission recommended approval of the lotsplits.
e-i Resolution No. 84-42 Subdivision Request - 4013 Second Street N.E.
Motion by Hovland, second by Carlson to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
RESOLUTION N0.8~-42
SUBDIVISION REQUEST
CITY OF COLUMBIA HEIGHTS
590 - 40th AVENUE N.E.
Fee $10.00
Date Paid:
Receipt No.:
I, Waiter & Mary Daniels Hereby request a split of
PLAT PARCEL KEY 282633 PIN~5 30 24 32 O081
Legally described as: The South 60' of Lot 8, Block 2, Rearrangement of Block D
of Columbia Heights Annex, Anoka County, Minnesota.
THE DESCRIPTION HENCEFORTH TO BE:
The South 60' of Lot 8 (except the West 125'), Block 2, Rearrangement of Block D
of Columbia Heights Annex, Anoka County, Minnesota.
The West 125' of the South 60' of Lot 8, Block 2, Rearrangement of Block D of
Columbia Heights Annex, Anoka County, Minnesota.
Be it further resolved that special assessments of record in the office of the
City of Columbia Heights as of this day, against the above described property,
in the amount of $ -0- be divided. Paid.
Any pending or future assessments will be levied according to the new split as
PLANNING & ZONING DEPARTMENT ACTION:
s-ig~r~t~r~ ~f ~ner, ~o~a~i~e~ -
This .~th day of June 1~ 84 ·
Offered by: Peterson
Seconded by: Markow
Roll Call: All Ayes
4013 - 2nd St., Col um~a_~elqhts
Owner's Address
Telephone No.
'Regular Council Meeting
June 11, 1984
page 35
~oni n~fficer
CITY COUNCIL ACTION:
APPROVED
This ll~h day of_Juqe,
Offered by: Hovland
Seconded by: Carlson
Roll Call: All ayes
19 84 ·
Subscribed and sworn to before me this -~/~ day of
Secretary to the Council
Bruce G. Nawrocki, Mayor
e-2 Resolution No. 84-43 Subdivision Request - 4021 Second Street N.E.
Motion by Hovland, second by Carlson to waive the reading of the resolution there
5.~T~g ample copies available to the public. Roll call: All ayes
RESOLUTION N0.84-4t
SUBDIVISION REQUEST
CITY OF COLUMBIA HEIGHTS
590 ' 40th AVENUE N.E.
Fee $10.OO
Date Paid:
Receipt No.:
I, Neal F. & Rosemary W. Gillett Hereby request a split of
PLAT PARCEL KEY 282624 PIN 35 30 24 32 0080 .
Legally described as: Lot 8 (except South 60'), Block 2, Rearrangement of Block D
of Columbia Heights Annex to Minneapolis, Anoka County, Minnesota.
THE DESCRIPTION HENCEFORTH TO BE:
Lot 8, Block 2, Rearrangement of Block D in Columbia Heights Annex to Minneapolis,
Anoka County, Minnesota, except the south 60 feet thereof and except the west 125
feet thereof.
The West 125 feet of Lot 8, Block 2, Rearrangement of Block D In Columbia Heights Annex
to Minneapolis, Anoka County, Minnesota, except the south 60 feet thereof.
Be it further resolved that special assessments of record in the office of the
City of Columbia Heights as of this day, against the above described property,
in the amount of $ be divided. Paid.
Any pending or future assessments will be levied according to the new split as
approved this day.
PLANNING & ZONING DEPARTMENT ACTION: ~/~ ' ° '"" ~"
~i-~r)e~ture ~f Ow6er,
Regular Council Meeting
June 11, 1984
page 36
This 5~h day of June 19 84 ·
Offered by: Peterson
Seconded by: Markow
Roll Call: All Ayes
Zoning..~ficer
CITY COUNCIL ACTION:
APPROVED
This l lth .day of J_une,
Offered by: Hovland
Seconded by': Carlson
Roll Call: All ayes
4021 - 2nd St., Columbla Heights
Owner's Address
Subscribed and sworn to before me this
/--/~ day of .'--~ ,~ ,,~.~- 19j'5/
Secretary to the Council
Bruce G. Nawrocki, Mayor
e-3 Resolution No. 84-44 Subdivision Request - 4045 Second Street N.E.
Motion by Hovland, second by Carlson to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 8~-~4
SUBDIVISION REQUEST
CITY OF COLUMBIA HEIGHTS
590 - 40th AVENUE N.E.
Fee $10.O0
Date Paid:
Receipt No.:
1, Eugene C. & June J. Wagner Hereby request a split of
PLAT PARCEL KEY 282688 PIN 35 30 24 32 0086
Legally described as: Lot 10 (except North 70'), Block 2, Rearrangement of
Block D. of Columbia Heights Annex, Anoka County, Minnesota.
THE DESCRIP'FION HENCEFORTH TO BE:
Lot 10, Block 2, Rearrangement of Block D in Columbla Heights Annex to
Minneapolis, Anoka County, Minnesota, except the north 70 feet thereof and
except the west 125 f~et thereof.
The West 125' of Lot 10, Block 2, Rearrangement of Block D in Columbia Heights Annex
to Minneapolis, Anoka County, Minnesota, except the north 70 feet thereof.
Be it further resolved that special assessments of record in the office of the
City of Columbia Heights as of this day, against the above described property,
in the amount of $ -0- be divided. Paid.
.,Regular Council Meeting
June ll, 1984
page 37
Any pending or future assessments will
approved this day.
PLANNING & ZONING DEPARTMENT ACTION:
This ~th day of June
Offered by: Paterson
Seconded by: Markow
Roll Call: All Ayes
Zohi'n§jffic~r .
19 84.
CITY COUNCIL ACTION:
APPROVED
Th~_l.]£b__day of Ju~e,
Offered by: Hovland
Seconded by: Carlson
Roll Call: All ayes
19 84 ·
be levied according to the~qew split as
~ig~ure ~f ~ner,
4~45 - 2n~ St.~_ Columbia .Heights
Owner's Address
Telephone No.
Subscribed and sworn to before me this
.? ¢ day of__ ?_~/"~¥
·
Notary Public
V.'.,~ ~, ' ' ', :' ..'~,
~ ~,y co~.m~sd:r, e~;r~s June 24, 1988
Secretary to the Council
Bruce G. Nawrocki, Mayor
e-4 Resolution No. 84-45 Subdivision Request - 4051 Second Street N.E.
Motion by Hovland, second by Carlson to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 84-45
SUBDIVISION REQUEST
Cll~f OF COLUMBIA HEIGHTS
590 - 40th AVENUE N.E.
Fee $10.O0
Date Paid:
Receipt No.:
I, William A. Svetin & Joyce B. Hoverson Hereby request a split of
PLAT pARCEL KEY 282679 PIN 35 30 24 32 0085
Legally described as: The North 70' front & Rear of Lot 10, Block 2, Rearrangement
of Block D of Columbia Heights Annex, Anoka County, Minnesota.
ge
THE DESCRIPTION HENCEFORTH TO BE:
The North 70' of Lot !0, Block 2, Rearrangement of Block D, Columbia Heights Annex
to Minneapolis, Anoka County, Minnesota, except the West 125' thereof.
The West 125' of the North 70' of Lot 10, Block 2, Rearrangement of Block
Columbia Heights Annex to Minneapolis, Anoka County, Minnesota.
Regular Council Meeting
June 11, 1984
page 38
Be it further resolved that special assessments of record in the office of the
City of Columbia Heights as of this day, against the above described property,
in the amount of S -0- be divided. Paid.
Any pending or future assessments will be levied according to the new split as
~:.:,roved this day.
PLANNING & ZONING DEPARTMENT ACTION:
Trois 5th day of June l~ 8~ .
Offered by: Peterson
Seconded by: Markow
Roll Call: All Ayes
Zo~in[f/Off-i'cer '-
Subscribed and swo/~n to before me this
~c~7 day of [~__ _ 19_,~¢
CITY COUNCIL ACTION:
APPROVED
This 1]th ~ay of June,
Offered by: Hovland
Seconded by: Car)son
Roll Call: All ayes
19 84.
No~t a ry~Pu~b 1 iE ....
Secretary to the Council
Bruce G. Nawrocki, Mayor
f. Subdivision - First Edition Corporation
The First Edition Corporation was denied their request of a lot split by the Planning
and Zoning Commission on the basis that it is in violation of the approved First Ed-
ition Site Plan and would cutoff access to the First Edition parce) if approved. A
spokesman for the corporation advised the Council that all of the property purchased
could not be used for the restaurant and that financing would be easier to get if the
property were two separate parcels with two separate purposes. The developer is pro-
posing to use the second parcel for an office building or a motel. At this point in
time no firm proposals have been put together for use of the second parcel, but he
stated that his company would work as a catalyst for people interested in developing
the parcel. Mayor Nawrocki opposed the lotsplit because he felt the City loses any
control as to what could and maybe would be built on the parcel. He stated that a
previous developer had an identical proposal for property adjacent to this parcel.
After he was granted a lotsplit another fast food restaurant was built. The rep-
resentative of the developer offered to restrict the use of the property with the
~pprcval of the Council.
Regular Council Meeting
June 11, 1984
page 39
The Council received a survey delineating the lot split as follows: the restaurant par-
cel, which fronts on both Central Avenue and 51st Court, Is a total of 72,647 square
feet or 1.67 acres; and the remaining parcel of land proposed for future development
is a total of 4B,539 square feet or I.il acres.
Motion by Hovland, second by Petkoff to grant the lot split. Roll call: Hovland, Carlson,
Fe[koff, Paterson - aye Nawrocki - nay
6. Communications
a. Planning and Zoning Commission
1. Variance - Oglesby, 3977 Quincy Street
Mr. Oglesby is requesting a variance of five feet from the required twenty feet alley
setback·
Motion by Hovland, second by Peterson to grant the variance upon recon~aendatIon of the
Planning and Zoning Commission· Roll call: All ayes
2. Special Purpose Fence - Bonhiver, )?16 Polk Street
Ms. Bonhiver requested approval for a special purpose and privacy fence at 3716 Polk
Street and approval of a special purpose and privacy fence at 3712 Polk Street. Her
requests were withdrawn via a telephone call to the Building Inspector.
3. Columbia Heights Community Credit Union - Site Plan Approval/Variance
Representatives of the Credit Union requested site plan approval and a six foot var-
iance on the required ten foot alley setback from the Planning and Zoning Commission.
The Commission recommended approval of the slx foot variance but denied the site plan
solely on that part of the request for angle parking which was contrary to the Traf-
fic Commission's recommendation. Discussion followed regarding the parking require-
ments. The City Engineer stated he felt that the alley should be upgraded from the
property line of the site south to 40th Avenue.
Motion by Hovland, second by Carlson to approve the site plan and to grant the six
foot variance on the alley setback subject to the requirements of items #1 and #2
in the memo dated May 31, 1984 from the Public Works Department, subject to the ap-
proval of the City Engineer, and subject to the Traffic Commission's recommendations
regarding the installation of "Left Turn Only" signs on the west side of the alley
going south. Roll call: All ayes
4. University Heights Planned Unit Development - Final Development Plan Amendment
The developer of University Heigh£s is amending his development plan by eliminating
units in areas of poor soll and adding units where soil correction is less expensive.
He is proposing to add two coach homes and eliminate one town home. A memo from the
Fire Inspector was distributed to the Council stating his concerns with the develop-
ment as it is being proposed. Dynamic compaction, the method to be used for soil
· correction, was discussed relative to its impact on the surrounding area. Mayor Naw-
rockl stated he did not support approval of this amended development plan because
it did not contain any protection or safeguards for property owners In it. He stated
he thinks it is the responslbility of the Council to protect the interests of the
City's residents and this amendment included no language that addressed this concern.
The Mayor inquired how the procedure of dynamic compaction would affect the streets,
public areas, and right of ways. The City Manager advised him these areas would be
cut and filled. Utility areas were also discussed. The City Engineer stated that there
will be on-site inspection for all streets and public utilltles. The Mayor continued
to feel that this procedure as stated in the amendment will not hold the City In a
position to protect the residents If they were to have a claim thereby forcing them
to seek other means, perhaps costly, to pursue a claim if there were damages to their
property.
Regular Council Meeting
June Il, 1984
page 40
Council Member Petkoff inquired as to what the procedures were before building permits
are issued. She was advised that the results of the soil testing are submitted to the
Building Inspections Department along with the proposed footing designs. A representative
of the developer gave a lengthy explanation of the soil borings and testing and how
this procedure continues during construction.
Council Member Petkoff also observed that the staff stated they felt comfortable with
their qualifications in assessing the suitability of the soil for construction based
on the findings of the licensed, registered engineer retained by the developer. She
noted that the engineer is experienced in the area of soil correction and also that
the process of dynamic compaction is new to the State and will most likely be closely
observed by many other interested parties.
The City Manager stated that the Amendment resulted from a meeting of Council members,
the HRA Board of Commissioners, the City Attorney, and the developer. Council Member
Petkoff suggested the interests of the City and the protection of the property owners
near the site were both addressed in the Amendment. Specifically, in regard to the
safeguard of private property, it was determined that an insurance representative for
the developer would take interior and exterior pictures of adjoining properties with
a video camera. Council Member Petkoff felt this developer has acted in good faith
and would have no reason not to continue as he may be interested in future develop-
ment in our City.
The City Engineer advised the Council that there are to be retention ponds on the site
and stated they should be sealed on the bottom to assure no infiltration of the
sewer lines. It was noted that testing will be done for noise levels when the testing
equipment repair is completed.
Motion by Peterson, second by Petkoff to approve the revised site plan subject to
those conditions as stated in the memo dated May 29, 1984 from the Assistant City
Engineer and that all precautions be taken to avoid any infiltration of the City's
sewer system. Roll call: Hovland, Petkoff, Peterson - aye Carlson, Nawrocki - nay
5. University Heights - Preliminary Plat Approval
Motion by Petkoff, second by Peterson to approve the Preliminary Plat contingent on
tl,~ memo dated June 1, 1984 from the Assistant City Engineer. Mayor Nawrocki stated
his concern with public access of the interior portion of the site. Roll call: All
eyes
6. Tripp Oil, 3955 University Avenue - Variance
This firm is requesting a variance of four parking spaces from the required nine to
allow the operation of grocery sales in conjunction with a gasoline station at 3955
University Avenue.
Motion by Peterson, second by Petkoff to approve the four parking space variance due
to the shape of the lot as recommended by the Planning and Zoning Commission provided
that the existing freestanding sign be removed from the public right-of-way. Roll
call: Hovland, Petkoff, Peterson - aye Carlson, Nawrocki - nay
b. Traffic Commission
The minutes of the Traffic Commission meeting of June 4, 1984 were distributed and
one item in the minutes was discussed.
Truck Traffic Restriction
The Police Cthief had requested that the City Attorney draft an ordinance that would
prohibit truck traffic where properly posted. The basis of this request stemmed from
the present ordinance which posts restrictions to truck traffic based on gross
vehicle weig!ht. The enforclbility of this ordinance has posed a problem in that each
vehicle needed to be weighed to determine that it may be overweight. Most recently,
there have been considerable problems with large trucks delivering goods to the
Rainbow Stores via 43rd Avenue. The agreement with Rainbow Stores was that no longer
trucks were to use 43rd Avenue.
Regular Council Meeting
June 11, 1984
page 41
Motion by Car]son, second by Nawrocki to authorize the City Attorney to draft an ord-
inance prohibiting truck traffic where properly posted. Roll call: Carlson, Nawrocki
aye Hovland, Petkoff, Peterson - nay Motion fails.
The City Manager was requested to advise Rainbow Foods, by letter, that if they don't
inform the truck drivers delivering goods to their facility of the prohibition on 43rd
Avenue that the ordinance will be enforced and the drivers will be ticketed as was
o~iginally agreed to.
7. 01d and New Business
a. Old Business
1. Printing and Publication of the Revised City Charter
The City Manager addressed an alternative suggestion to the one proposed by the Charter
Commission for the printing and publication of the City Charter. It was determined that
this suggestion would be much less costly than that of the Charter Commission as well
as be in a form that would allow further revisions to the Charter quite conveniently.
Motion by Peterson, second by Carlson to authorize the expenditure of up to $l,000
to be taken from the City Manager's Contingency Fund for the printing and publication
of the revised City Charter. Roll call: All ayes
2. Fourth of July Celebration
SlJs I,ad been received for the Fourth of July fireworks display and the Recreation
and Community Services Commission had recommended awarding the bid to Americana
Fireworks Display Company. It was noted that this bid was submitted on the basis
that the fireworks would be shot from a certain location and that some alterations
would be made in the traffic patterns in the area.
Motion by Petkoff, second by Carlson to authorize the awarded bid for the City's
1984 Fourth of July fireworks display to Americana Fireworks Display Company in
the amount of $4,200. Roll call; All ayes
Discussion continued regarding movement of vehicular traffic and parking within the
area of the festivities and fireworks. It was noted that there would be considerable
pedestrian traffic on Jefferson Street during the celebration and there was some
concern for the pedestrians. The Recreation Director reviewed suggestions that had
been received from members of the Commission, the Fire Inspector, and the City Eng-
ineer for traffic flow as well as shooting of the fireworks that would best address
safety. The Mayor and Councilman Carlson expressed concern that if Jefferson Street
were closed some of the Huset Park parking area previously used for fireworks viewing
would be unavailable. Permission has already been received from Honeywell to close
its parking lot on the Fourth of July.
Motion by Petkoff, second by Hovland to eliminate parking on Jefferson Street, 39th
to 40th Avenues, between noon and 10:00 P.M., to eliminate parking on 39th Avenue,
Jefferson Street to Fifth Street, between noon and 10:P.M., to restrict traffic on
Jefferson Street, 39th to 40th Avenues, between noon and 5:00 P.M., and to restrict
traffic on 39th Avenue, Jefferson'S[feet to Fifth Street, 7:30 P.M. until the com-
pletion of the fireworks. Roll call: Hovland, Petkoff, Peterson - aye Carlson,
Nawrocki - nay
RECESS: 12:05 A.M.
RECONVENE: 12:20 A.M.
3. Insurance Commission - Renewal of Insurance Policy for Umbrella Insurance
Motion by Hovland, second by Carlson to renew the umbrella insurance policy for
$5,000,000 coverage at an annual premium of $7,900 with Twin City Fire Insurance
Company. Roll call: All ayes
4. Association of Metropolitan Municipalities Annual Dues
Motion by Petkoff, second by Hovland to authorize the payment of membership dues
in the Association of Metropolitan Municipalities for the year beginning June l,
1984 and ending May 31, 1985 at a cost of $3,007. Roll call: All ayes
Regular Council Meeting
June 11, 1984
page 42
b. New Business
~. Authorization to Release Letter of Credit for Taco Bell, Incorporated
Motion by Hovland, second by Peterson to direct the City Manager to request the
developer and bank, in writing, to release the Letter of Credit and funds held in
conjunction with the Letter of Credit Agreement with Taco Bell, Inc., Construction
Seventy, Inc., and Dorothy, Sam and Gertrude Weiner. Roll call: All ayes
2. Establish Date for Work Session
Monday, June 18th at 7:30 a work session for the Council is scheduled.
3. Seeking Bids
a. Parking Lot Expansion Parkview Villa
Motion by Petkoff, second by Carlson to authorize the City Manager to seek bids for
the Parkview Villa Parking lot; and furthermore, such bids shall be submitted to the
City Council upon recommendation of the Housing and Redevelopment Authority Board
commissioners. It was noted that this project is covered by the Con~nunity Develop-
ment Block Grant program. Roll call: All ayes
4. Change Order for Bituminous Roadways - Project 8002
Motion by Petkoff, second by Hovland to authorize the City Manager to execute
change order #3 for M.S.A. Project #113-116-02 (Columbia Heights Project 8002)
with Bituminous Roadways, Inc. for additional costs of $3,740. It was noted that
this project is for the driveway at Keyes Park on 46th Avenue and the costs will
be covered by state aid funds. Roll call: All ayes
5. Product Information Network
The City Manager requested authorization to have the City participate in the Pro-
duct Information Network for one year. This service assists cities in purchasing
various prod~Jcts and services. Mayor Nawrocki requested an example of one use of
the Product Information Network that had benefitted the City and no specific bene-
fit was available.
Motion by Hovland, second by Peterson to authorize the City's participation in the
Product Information Network for one year at a cost not to exceed $1,395. Roll call:
Hovland, Petkoff, Peterson- aye Carlson, Nawrocki nay
6. Water Resources Board
A letter was received from the Water Resources Board stating that the boundaries of
the Six Cities Water Management Organization are being changed.
8. Reports
a. Report of the City Manager
The report of the City Manager was presented in writing and ali of the items contained
in it were briefly discussed. Retention of legal counsel for the City's Cable Commun-
ications Commission was discussed as were the costs for this service.
Mayor Nawrocki inquired about the drainage problem in Cherry Heights and was advised
by the City Engineer that the developer was to have completed the correction by June
llth. The developer was advised by letter that the City will be hiring a party to
complete the work and that the developer will be billed for the costs.
The Public Works Director informed the Council that the continuing problems being
experienced with the Library's air conditioning system can no longer be addressed
by city employees. It will need to be looked at by a professional in the air cond-
itioning maintenance field. The Library is also experiencing water problems in the
basement.
It was noted that a task force is being formed to do a management study of the Met-
ropolitan Waste Control Commission and to develop a RFP.
Regular Council Meeting
June ll, 1984
page 43
b. Report of the City Attorney
The City Attorney had nothing to report other than he had talked to a property owner
in the City regarding the progress of a court case involving the City and this person.
o Licenses
Motion by Hovland, second by Peterson to approve the licenses as listed upon payment
of proper fees. Roll call: All ayes
10. Payment of Bills
Motion by Hovland, second by Carlson to pay the bills as listed out of proper funds.
Roll call: All ayes
Adjournment
Motion by Carlson, second by Peterson to adjourn the meeting at l:
All ayes
J~r~e Student, Council ~etary
11:
Bruce~awrocki, Mayor