Loading...
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