Loading...
HomeMy WebLinkAboutJan 9, 1984OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 9, 1984 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll call: Hovland, Petkoff, Carlson, Peterson, Nawrocki--present 2. Invocation The Invocation was offered by Fred Satsbury, the Public Works Director. 2a. Mayor's Remarks It was noted that Councilmen Carlson and Peterson are being seated at their first formal Council meeting since the General Election. Mayor Nawrocki reviewed the accomplishments of Councils past and addressed some of the tasks yet to be completed in the City. His list of priorities include the completion of the downtown redevelopment, continued efforts to keep the communication between City Hall and City residents expanding through such means as cable TV coverage of Council meetings and the City newsletter, the implementation of quality circles for City personnel, and the installation of a computer program in City departments. The Mayor observed the use of Fire Department personnel for routine inspections had been done in other cities and suggested this practice could be adopted in our City also. The Mayor referred to suggestions that had been received from the Charter Commission which would update the City Charter and expressed a hope that these proposed changes could be considered by the Council in the near future. 2b. Council Reorganization Nearly all of the boards and commissions that serve in an advisory capacity to the Council ave a member of the Council seated on them. With the election of two new members to the Jncil there was a need for a reorganization of appointments to these boards and commis- sions. Motion by Hovland, second by Peterson to approve the indicated appointments to the following boards and commissions: Rita Petkoff Council President Park Board Recreation & Community Services Commission Cable Communications Commission Arden Hovland Planning & Zoning Commission Six Cities Water Mgmt. Organization, Rep. Suburban Rate Authority, Rep. Ed Carlson Traffic Commission Science, Technology, 5 Energy Commission Library Board Gary Peterson Human Services Commission Community Education Advisory Council Bruce Nawrocki Association of Metropolitan Municipalities League of Minnesota Cities National League of Cities Suburban Rate Authority', Alternate Roll call: All ayes Regular Council Meeting January 9, 19.84 page 2 3. Minutes of Previous Meetings Motion by Petkoff, second by Hovland to approve the minutes of the Regular Council Meeting of December 27th as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Ora] Petitions There were no oral petitions at this time. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1072 Pertaining to Utilities This ordinance amends the present utility charges, billing and collections ordinance and will provide for the establishment of rates and penalities by resolution. Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1072 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO UTILITIES, UTILITY CHARGES, BILLING AND COLLECTIONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 4.301(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "The Council shall fix all charges for water and sewer service and for garbage and rubbish hauling rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for water billing by ~4.303." is herewith amended to read as follows: 'lThe Council shall by resolution fix all charges and penalities for late pay- ment for water and sewer service and for garbage and rubbish hauling rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for water bil- ling by Section 4.303." Section 2: Section 4.303(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: '"rhe administrative service shall mail said water bills to the general occupant at the address listed for each specified meter location. (a) For purposes oS this section, b~lls are presumed to be ~eceived by the person responsible for payment thereof within five (5) days of mailing. (b) Water bills are due and payable within ten (lO) days of receipt, and be- come delinquent upon expiration of such time. Partial payments shall be considered as payment towards most recent amounts billed.Il is herewith amended to read as follows: "The administrative service sha]] mai] said water bil]s to the general oc- cupant at the address listed for each specified meter location. Regular Council Meeting January 9, 1984 page 3 Section Section 4: (al For purposes of this section, bills are presumed to be received by the person responsible for payment thereon within five (5) days of mailing. (b) Water bills, are due and payable on the 10th day of the following month following their mailing. Any bill not paid on the 10th day of the month fol- lowing its mailing is delinquent. Partial payments shall be considered as payment towards most recent amounts billed." Section 4.303(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "The administrative service shall ascertain all water bills which have been delinquent for fifteen (15) days or more and send written notice of such del~ inquency to the occupant of the metered location. If such bill remains unpaid, the administrative service shall send a second written notice of such delinquency upon the expiration of an additional seven (7) days. Said notice shall include a statement that water service will be discontinued unless full payment is received within three days." is herewith amended to read as follows: "The administrative service shall ascertain all water bills that are delin- quent after the 10th day of the month and mail notice of such delinquency to the occupant of the metered location by the 20th day of the same month." If such bill remains unpaid at the last day of the month in which the delin- quency notice was sent, the administrative service shall send a second written notice of such delinquency. Said notice shall include a statement that water service will be discontinued unless full payment is received by the 10th day of the month following the month in which the first delinquency notice was mailed." Section 4.303(4) of Ordinance No. 853, City Code of 1977, passed June 2t, 1977, which reads as follows: "Water service may be discontinued at any time thereafter; upon twenty four (24) hours "final notice" to be sent in writing and by certified mail to the occupant of the building or premises served, subject to the following excep- tions: Service may not be discontinued in this manner for: (al Any tenant, lessee, or individual occupant of a multiple dwelling or com- mercial building, which does not have a separate meter for each separate tenant, lessee, or occupant unit. (b) Any person who has filed with the Clerk a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest."' is herewith amended to read as follows: "Water service may be discontinued at any time thereafter, subject to the fol- lowing exceptions: Regular Council Meeting January 9, 1c~184 page /4 Service may not be discontinued in this manner for: (a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate meter for each separate tenant, lessee, or occupant unit. (b) Any person who has filed with the Clerk a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest." Section 5: Section 4.303(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "Water service may be discontinued under circumstances described in ~4.303(4) (a), by providing thirty (30) days written "final notice" to each individual tenant, lessee, or occupant, in lieu of the twenty four (24) hour final notice period. Upon expiration of twenty five (25) days of said thirty (30) day period, ad- ditional written notice sha]l be provided to each individual tenant, lessee, or occupant indicating whether the delinquent water bills remain unpaid." is herewith amended to read as follows: "Water service may be discontinued under circumstances described in Section 4.303(4)(a) by providing thirty (30) days written "final notice" to each in- dividual tenant, lessee, or occupant. Upon expiration of twenty five (25) days of said thirty (30) day period, ad- ditional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the delinquent water bills remain unpaid." Section 6: Section 4.303(6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as fol]ows: "Under circumstances described in 4.303(4)(b), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results of the investigation, water service may thereafter be terminated upon twenty four (24) hours' notice pur- suant to 4.303(4)." herewith amended to read as follows: "Under circumstances described in Section 4.303(b), the administrative ser- vice shall investigate the basis for the protest and issue a report of its fir, din3s to [~e aggrieved party. When so warranted by the results of the in- vestigation',, water se, vice may thereafter b= terminated upon twenty four (24) hours' not ~ce." Section 7: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: December 27, 1983 January 9, 1984 January 9, 1984 Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Regular Council Meeting January 9, 1984 page 5 b. First Reading of Ordinance No. 1073 Pertaining to Snow and Ice Removal from Sidewalks ~his ordinance would give the City the authority to remove snow, bill the property owner, ~nd assess the property owner if payment is not made. The City Manager advised the Council that a policy for enforcement of this ordinance would be needed and could be done by the passing of a resolution. He felt this policy should be done at the end of the present win- ter season. Councilman Hovland had questions regarding the fee schedule for this work as well as the manpower to be used. The City Manager felt that the work would have to be con- tracted out. Mayor Nawrocki stated he would prefer to see the policy resolution before he voted on this ordinance. Motion by Petkoff, second by Carlson to refer this matter back to the City Manager for ad- ditional information. Roll call: All ayes c. First Reading of Ordinance No. 1074 Pertaining to Licensing Motion by Hovland, second by Carlson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes It was noted that transient merchants are able to obtain licenses from the County Auditor's office in the Court House. To obtain this peddlar's license a $3,000 bond is required as is the posting of S150.00. The Mayor requested that staff get the premium cost of a bond of this nature. Also added to Section 10 was item (k) which reads as follows: "Sprinkler and fire extinguisher installers. ORDINANCE NO. 1074 BEING AI~ ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LIC- ENSING The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.605(16) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Licensees shall provide a covered receptacle for the storage of collected refuse. The receptacle shall be constructed so that the stored contents will not leak or spill therefrom. The receptacle shall be kept as clean and free from offensive odors as possible." is herewith amended to read as follows, to-wit: "Each licensee shall comply with all ordinances of the City and with any regulations promulgated by the Health Authority establishing standards of health and sanitation in the City." Section 2: Section 5.606(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "No license shall be issued under this section unless the licensee, or a re- presentative designated in writing, is a resident of the City. The licensee, or his representative when the licensee is ~ot a resident of the City, shall be responsible for the maintenance and upkeep of the multiple dwe~.!ing in ac- cordance with the laws of the State of Minnesota, ordinances of the City, and regulations promulgated by appropriate authorities." is herewith amended to read as follows, to-wit: "No license shall be issued under this section unless the licensee, or a rep- ~entative designated in writing, is a resident of Anoka, Hennepin, Ramsey, Scott, Dakota, Washington or Carver Counties. Regular Council Meeting Jar~ary 9, 1~84 page 6 The licensee, or his representative when the licensee is not a resident of the City, shall be responsible for the maintenance and upkeep of the multiple dwelling in accordance with the laws of the State of Minnesota, ordinances of the City, and regulations promulgated by appropriate authorities." Section 3: Section 5.301(129 of Ordinance No. 853, City Code of 1977, passed June 21, which is currently reserved, shall hereafter read as follows, to-wit: "The following persons are exempt from food establishment licensing, to- wit: A person whose place of business is a carnival, circus or fair and who holds a license pursuant to Minnesota Statutes Chapters 28A or 157." (b) Cafeterias or restaurants located in private businesses: [ii which are not open to the general public; [ii] which are incidental to the principal business in which they are located, and [Jii] which are inspected and licensed by the Anoka County ~ealth Department." Section 4: Section 5.206(5) of Ordinance No. 853, City Code of 1977, passed June ~1, 1977 which reads as follows, to-wit: "Prior to the issuance of a license by the Clerk, the license applicant shall deposit the sum of Fifty Dollars to the Treasurer. After January 1st, the Health and Safety Inspector shall inspect the licensed premises to de- termine whether the premises have been cleaned up, and no public nuisance as defined by this Code, remains on the sight. (a) If a public nuisance is present, as determined by the Health and Safety Coordinator, said official shall notify the licensee to have the nuisance abated by January 15th. (b) After January 15th, the City may abate the public nuisance and de- duct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a state- ment of any public expense incurred for the nuisance abatement." Js herewith amended to read as follows, to-wit: "Prier to the issuance of a license by the Clerk, the license applicant sh~ll deposit with the Treasurer such sum as is set by resol,~ion of the Council. After January 1st, the Health and Safety Inspector ~hall tnsDect the licensed premises to determine whether the premises have been cleaned up, and no public nuisance as defined by this Code, remains on the site. (a) If a public nuisance is present, as determined by the Health and Safety Coordinator, said official shall notify the licenzee to h~ve the nuisance abated no later than January 15. Regular Council Meeting January 9, 1984 page 7 (b) After January 15, the City may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement." Section 5: Section..6: Section 7: Section 8: Section 9: Section 5.206(7) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Licensees shall post "No Smoking" signs throughout the lot in such places as are designated by the Chief of the Fire Prevention Bureau. Said signs shall be maintained in the designated locations until all trees have been removed from the lot." Section 5.206(8) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Before a permit is issued, the license applicant must submit a plot plan showing the intended location of trees within the lot. The plan shall provide not less than four feet (4') clearance around the perimeter of the lot and at all points across each aisle. No license shall be granted hereunder unless the said plan is first approved by the Chief of the Fire Prevention Bureau. The licensee shall maintain the lot at all times im accordance with the approved plan." Section 5.206(9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Each licensee must have on the licensed premises at all times one (1) properly operating Class ABC fire extinguisher." Section 5.206(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: "~o person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christ- mas tree without a license issued pursuant to the provisions of this chapter." is herewith amended to read as follows, to-wit: "No person shall for consideration, trade, barter or bell at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christ- mas t~ee without a license issued pur$~ant to the provi$io:~ of this chapter. No person shall be licensed to operate an open sale~ lot pursuant to this section unless such applicant has first obtained a Conditional Use Permit to operate such a lot." Section 5.301(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: Regular Council Meeting January 9, 1984 page 8 5.~ol (,) License applicants under this section shall provide the fo~low~n~ ~nfo:~ation tn the l~cense applicat~vn as ~s ·ppropri·te: a), The Class of food establish~ent license applied for and the kind of food to be served. b) c) d) For · Class ] license, the reason for · temporary food establishment, indicating the nature of any co=verci·l activity that rill be &din& on, and the requested ter~ for the license. For a Class 2 license, the place where food will be pre,·red and the place, route, or 8eographic area where food will be sold! the number of vehicles to be utilized, the serial number of each such vehicle, and the na~e and address of the ct.met if different from the license applicant. For n Class 3 license, a description of the premises where the licensed machine will be lo:·ted, and the total n~,ber of licensed machines to be located on the saJ~e premises, e) For a Class 6 license, the proposed se·tin& capacity of the restauTant, f) For a Class 5 license, the proposed seating capacity in the buildin~ and the p~oposed nuaber of parkin& spaces in the lot, ~) A list of ·11 food service licenses crt permits issued to the applicant by any ~r~micipality of the State of Minnesota within the precedin§ three years, to&ether with · statement of whether any such license or pernit was suspended or revoked, and · statement of f~ct~ per:a~nta~ thereto. is herewith amended to read as follows, to-wit: License applicants under this section shall pravide the following information tn the license application as ts app:opriate~ The Class of food establishment license applied for and the kind of food to be served. Regular Council Meeting January 9, 1984 page 9 b) For a Class 1 license, the reason for · temporary food establishment, indic·tinE the nature of &ny commercial activity that rill be Eotng cra, and the ~equested te~ f~ the license, c) d) For I Class 2 license, the place vhere food rill be prepared and the place, route, or geographic area vhere food will be soldl the number of vehicles to be utilized, the serisl ntmber of each such vehicle, and the na~e ·nd address of the o~rner if different from the license ·ppltc~nto For · Class 3 license, · description of the ~here the licensed ~ch[ne ~ill ~ loc~ted~ ~d the tot~l n~r of licensed m~chines to ~ located on the e) For a Class 6 license, the proposed seating, capacity of the restaurant, f) For a Class 5 license, the proposed seating capacity in the building and the Froposed number of park[nE spaces in the lot. &) h) A list of all food service licenses or pe~its issued to the applicant b7 any l~micipality of the State of Eirmesota within the preceding t~ree years, together with a statement of vhether any such license or per. it vas sus~nded ~ revoked, and a state~nt of facts ~rtmin[nS t~reto. No applicant shall be eligible for a Class 1, 2, 4 or 5 license unless such applicant has first obtained a license from the Ano~ County Health Department." Section 10: Section 5 607(2) of Ordinance No. 853, City Code of 1977, passed June 21~ · p 1977 which reads as follows, to-wit: 5.607 42) Licenses shall be required for but ~ot limited to each of the below-named trades and construction work: General contractors, including erection~ alteration or repair of building. Masonry, cement york, cement block vork~ block lavin£, or brick york. Regular Council Meeting January 9, 198h page 10 (c) Plumbing, ineludinR the installation of cesspools, septic tan~, drainfields, connections to the munici~&l system, inside pl~rmbinR and ineludin~ excavations for ~ewer and water line installations. (d) Roofing. (e) Plastering, stucco work, sheet rock tapin£. (f) (~) Meatin£, ve~tilation and refriteration, ineludim~ ~as pi=inK, ~as ~erviee, ~as eoui=ment installation, oil heatinE, and ~i=in£ work. Excavations, inc~udin~ excavations for footin£s, base- mcnts and gradint of lots, etc. Movin~ and ~rreckinE of buildin~s. (i) Blacktop~in~ of driveways, ~arkin£ lots, etc. Si~n e~eeticn, construction and r~=airs, includin~ bill- boards and electrical ~ainters, electrictams. is herewith amended to read as follows, to-wit: 5. 607 (2) Licenses shall be required for but mot limited to each of the below-named trades and construction work: General contractors, includin~ erection, alteration ~r re,air of bu~.lding. Masonr~v., cement work, cement block ~ork, block or brick work. (~) ~l~iug. !ncludinR the installation of cesspools, ~e~tte tanks~ drainf~eld$, connections to the munic~D&l systec, inside plumbinR and ineludtnR excavations for sew~r ~nd water line ~nstallations. Roofing. (e) Plastering, stucco work, sheet rock tapin£. Regblar Council Meeting January 9, 1984 page ll (f) Heating, ventilation and refrigeration, including gas piping, gas service, gas equipment installation, oil heating, and pipi~g work. (g) Excavations, including excavations for footings, basements and grading of lots, etc. (h) Wrecking of buildings. (i) Blacktopping of driveways, parking lots, etc. (j) Sign erection, construction an'd repairs, including billboards and elec- trical signs. (k) Sprinkler and fire extinguisher installation. Section 11: Section 5.608(3) oF Ordinance No. 853, City Code oF 1977, passed June 21, 1977, which reads as follows, to-wit: 5.608(3) After a license application is approved by the Council, the applicant shall present proof to the Clerk of insurance on each vehicle with an insurance com- pany licensed to transact business in this state. The limits of such policy shall be One hundred thousand dollars for bodily injuries to or death of one person, and Two hundred thousand dollars for any one accident resulting in in- juries and/or death to more than one person, and a total of Ten thousand dol- lars liability f~r damages to property of ethers arising out of any one ac- cident. The applicant shall also present proof to the Clerk of Contractor's public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be One hundred thousand dol- lars for any one person, Two hundred thousand dollars for any one accident, property damage of Twenty thousand dollars and with a maximum total liability of Two hundred thousand dollars. is herewith amended to read as follows, to-wit: 5.608(3) After a license application is approved by the Council, the applicant shall present proof to the Clerk of irsurance on each vehicle with an insurance com- pany licensed to transact business in this state. The limits of such policy shall be One hundred thousand dollars for bodily injuries to or death of one person, and Two hundred thousand dollars for any one accident resulting in 'njdries and/or death to more than one person, and a total of Ten thousand dollars liability for damages to property of others arising ouc of any one accident. The applicant shall also present proof to the Clerk of public liability in- surance with an ~nsura,,ce conpany licensed ~o ~ansacC busines~ in this s~ate. The limits of such policy shall be One hundred thousand dollars for any one person, Two hundred thousand dollars for any one accident, property damage of Twenty thousand dollars with a maximum to~al liability of Two hundred dollars. Section 12: Section 5.203(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-~it: Regular Council Meeting January 9, 1984 page 12 5.203(3) A license shall not be required under this section for (a) persons selling or soliciting orders from dealers for merchandise goods or personal property designated for ultimate resale to consumers, O r (b) sheriffs, constables or other pub/lc officers selling goods, wares, ,and merchandise pursuant to provisions of law, or (c) a bona fide trustee, administrator, assignee, receiver or other pe,-son ,appointed and acting under the authority of law, or (d) persons soliciting orders for future door-to-door delivery of newspapers, O r (e) persons selling or peddling farm or garden products cultivated by such ]perso?,or (f) persons licensed for the same business activity under any other section of thTs chapter. is herewith amended to read as follows, to-wit: 5.2~33(3) A ~icense shall not be required under this section for (a) persons selling or soliciting orders from dealers for merchandise, goods, or personal property designated for ultimate resale to consumers, or (b) sheriffs, constables or other public officers selling goods, wares, and rnerchandise pursuant to provisions of law, or (c) a bona fide trustee, administrator, assignee, receiver or other person a~.pointed and acting under the authority of ]aw, or id) persons soliciting orders for future door-to-door delivery of newspapers, O r lie) persor, s selling or peddling farm or garden products cultivated by' such ?.ersor , or (f) persons licensed for the same business activity under any other sootier, c)f this chapter. (g) persons selling or soliciting on behalf of a religious organization; pro- vided that said persons have complieo witi~ the requiren,ents of Section 5.20~ (10) of this Code. Section I~: [ec~i~)n ~.2O~(lg) of Ordinance No. 853? City Code of 1977, passed June 21, 1977, which !s curre,tly re~erve~ sha]i hereafter read as follows, to-w:t: "Pers~:n_~ se. llir, g Or ~_oliciting on beha',f of a re'liglous organizat[o,, prior t..~ ~_,.--l'Jir..g or sol ic. iting In the City, register' with the Cit~' Cle'[r. by e;ta~l i-~,inc_, the;,', identity and their authority to act for or or, bet~ai~,. of ~he -e~gious o~ga~;zat~on ~o fe~ shail be charged by the City for such tion.'; Regu'lar Council Meeting January 9, 1984 page 13 ection 14: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 9, 1984 d. Resolution No. 84-01 Appointment of Representatives to the Six Cities Water Mana- gement Organization Motion by Hovland, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Ro!l call: all ayes RESOLUTION NO. 84-01 BEING A RESOLUTION APPOINTING REPRESENTATIVES TO THE SIX CITY WATER MANAGEMENT ORGANIZATION BE IT RESOLVED by the City of Columbia Heights, Minnesota, as follows: Arden Hovland, Councilman is hereby designated as a member of the Six Cities Water Management Organization; and, Fred Salsbury, Public Works Director is hereby designated as an alternate member of the Six Cities Water Management Organization; and BE IT FURTHER RESOLVED, that. the above shall serve not in a fixed term, but shall serve at the pleasure of the Columbia Heights City Council. 'assed this 9th day of January, 19S4. Offered by: Petkoff Seconded by: Carlson Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary e. Resolution No. 8~-02 Being a Resolution Regarding Issuance of Revenue Notes The issuance of these development revenue bonds are for the Columbia Heights Mall Project. The Mayor requested that the bond counsel for the project developer state the reason for this bond issue. She stated again that thPse wer~ being issued at this time to gain a more preferable rate of interest and that the City of Columbia Heights would in no way be liable in case of a default. Motio~ by Hovland, second by Petkoff to waive the readigg of the resolution there being ample copies available to the public. Roll call: Ali ayes RESOLUTION NO. 84-02 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, A~THORIZING THE ISSUANCE, SALE AND DELIVERY OF THE $4,500,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (COLUMBIA HEIGHTS MALL PRO- JECT) (THE "NOTE"), WHICH NOTE AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT, (THE "LOAN AGREEMENT"); APPROVING {~HE ~ORM'OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND THE ASSIG- MEN? O~.LQAH A~REEMENT; APPROVING THE FORM OF THE STATUTORY MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT; APPROVING CERTAIN OTHER DOC- UMENTS;APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID NOTE Regular Council Meeting January 9, 1984 page 14 WHERr. AS, [ne purpose of the },linnesota Manieipa] Industrial Development Act, Minnesota S:stut2~, Chapte- 474, ~.~5 amended (the "Act"), as found and determinec~ by the Legisl~[ure of the State of MLqne~ota, is to p:~omote the welfare of the State cf l':]inn-~ota by the active att,.qction, encouragemeut, and merit of eeonomicaU[,- s~u:~d indusL~y and :::;mmerce to prevent so far as possible the emergence of blight, ed a:,d margin2] lands ~.,d s~e~ of chronic unemp].oymenL and for this purpose the State cf Mi.':mesota has encouraged action by local governmental ut:its; and WHEREAS, factors necessitating the active ~romolion and development of economically sound industry and commerce are the increasing concentration of population in urba~ a::~ metropolita,q a:eas, the rapidiy risir~g increase in the amount and cost of governmental services required to meet the needs of the increased population, and the need for development and use of land which will provide an aCaouate tax base to finar..,:'e ir. ese inm'e~sed eos~; and WHrR~ '~: LV of ,=;~ "' " ~-.~=, thc t~ . Cclumbi~ H...~nts, ,,~,m,,~ota (the City ), desires to expand the b;~[;ine~s ~d e:r:p1~yme;~t opportum~ties, and the ava~ab]e t~ base of the City, ~d io ~,r~mo~e d~e ' + deve~cpm~n~ of p~operty within the City; ~d WHEREAS, the City is authorized by the Act to enter into a revenue agreement with a:'y [.;er.*.up, firrr.~ c~: p~bl!e or private corporation or federal or state governm~'",tal ~u~.a~vi~io~ or ~geney in such mariner that payments required thereby to be ~.-:sde by t~e eontr~.~ting pe.r,y sha]i be fixed, and revised from time to time as ner, e~.~a:.y, so es to p~-odu~e :'.neome ~nd revenue sufficient to provide for the prompt payment of prineipaI ef ~.~nd ~n:erest on all bon~s issued under the Act when due, and the revenue agreement shall also proviOe that the contracting party shall be require,: te ?xy .*~ expe:...*.?.~ of the ope-alien and m~inten~nee of the project inclu:]!n[, ,'~itho:.~t limi:ation, ~.deq,,¢te insurance i. hereon and insurance against all lia:~li~~ for injury 'to persons e? ~roperty arbmg from the operation thereof, and ali taxes and special a~s=ssrn=nt~ levied hp.~i'., or with respect to the project and payable during the term of th~ revenue agreement; and WHEREAS, the Act further authorizes the City to issue revenue bonds, in anticipation of the collection of revenues of a p:.oject: to finance, in whole or in part, the cosz of acquisition, construction, reconstruction, improvement, better- ment, or extension of such project and to refund, in whole or in part, bond~ previously issued by the C~ty under authority of the AcB and WHERI';a.S. the City l:~s recei,,au from ~ol;~mbia HeighLs M~. (the "Developer"L a proposal ~hat thc City ~ir;~nce ~ prc;?:,::t for purpeses consistent with the g.e~, eo~sist/r,'¢ of the aequisit~:.:., ,:'onstrue'~ion, anJ instaHati~ of a retail shoppi~ eeht=r facility (the Projtet") WHEREAS, by Ordinance No. 953, adopted on June 8, 1981, the City determined ~ba:: eli ~h~. basis oi ~:,f;;cri~.;tlo,, pro~'!~.~¢¢ to it by the Developer and others, the eFfec~ c)L' ti,e :~nanc~;.g of h'~e Projee'., if L, ndert~:e:. ~:oul. d encourage the d~wl¢on',ent of e~cm~,;~iy sou::~ e~mmeree in the City, ~ne-ease the ~sesse,~ v~.~ue of property wki~ir, the Ci'.g, increase current employment opport~ities for r~siden~ of 'd~e City and surr;>u:.~dir,g arenas, and ¢~eilita*e th~ development of property within the City, ~ ~c the b~nefit Cf the ta~ayers of the C~ty; and WHER£AS, by Kezsolution No. ~1-4!, alopted on July 14~ 1981, ~he City authorized the issuance, sale, anl d=lix~;ry of its CommereiM Deve!opmep., Revenue :Bonds (Columbia Heights Mall Project), Series 1981 (the 'Series i981 Bonds") for the purpose of financing the Project, and the City subsequently issued, sold, and delivered its Series lt$1 Bonds; and Regular Council Meeting January 9, 19S4 page 1 5 WHEREAS, said Note issued under this resolution will be secured among other things by a mortgage and lien on said Project and a pledge and assignment of the Loan Agreement, as hereinafter defined, and of the revenues derived by the City from the Loan Agreement, and said Note and the interest on said Note shall be payable solely from the revenue pledged therefor and the Note shall not constitute a debt of the City within the meaning of any constitutional, charter, or statutory limitation nor shall constitute nor give rise to a pecuniary liability City or a charge against its general credit or taxing powers and shall not eons:itu e a charge, lien, or encumbrance, legal or equitable, upon any property of the City other t?.an its interest in the Loan Agreement, NOW, THEREFORE',, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY: 1. That for the purpose of refunding, in whole, the Series 1981 Bonds there is hereby authorized the issuance, sa]e, and delivery of the $4,500,000 Commercial Development Revenue Note (C. olumbia Heights Mall Project) (the "Note"). The Note shall bear interest at the rates shall be numbered~ shall be dated, shall mature, shall be subject to redemption prior to maturity, hall be in such form, and shall have such other details and provisions substantially in the form now on file with the City. 2. That the Note shall be a special obligation of the City, the principal, premium, if any, and interest on which shall be payable solely from the revenues derived from the Loan Agreement dated as of the date of the Note, and executed by the City and the Developer. The Mayor and City Manager of the City are h~reby authorized and directed to execute and deliver the Note. 3. That the Loan Agreement and the Ass':.gnment of Loan Agreement, dated as of the date of the Note, and executed by the City (the "Assignment of Loan Agreement"), substantially in the form now on file with :he City, are hereby approved. The Mayor and City Manager of the City are hereby authorized end directed to execute and deliver the Loan Agreement and Assignment of Loan Agreement. 4. That the documents designated as the Statutory Mortgage, Assignment of Leases and Rents, Security Agreement, end Fixture Financing Statement, dated as of the date of the Note, from the Developer to the Lender, the Guaranty, dated as of the date of the Note from Terry Evenson (the "Guarantor") to the Lender, the PCA Statutory Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement, dated as of the date of the-. Note, from the Guarantor to the Lender, the Security AgreemeDt. dated as of the date of the Note, from the Guarantor to the Lender, and th~ Life Insurahee Assignment dated as of the date of the Note from the Guarantor to the Lender, are hereby approved in the forms now on file with the City. 5. That upon approval by the Mayor, and concurrence by Counsel for the City, amendmen~ ma~ be r.~de ~o the ~foreme~':tioned documents t9 the extent such amendments are not substantial and are net inconsistent with this resolution. Such approval and' concurrence shall be evidenced by the execution of the aforementioned documents by the Mayor and City Manager, as appropriate, end the delivery of the opinion ef Counsel for the City, 6. That the Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, s:~-.h ether documents as are necessary or appropriate in connection with the'issuance, sale: and delivery of the Note. Regular Council Meeting January 9, 198~ page 16 7. That all covenants, stipulations, obligations, and agreements of the City contained in this resolution and the aforementioned documents shall be deemed to be the eo','enants, stipulations, obligations, and agreements of the City to the full extent au[ho~'ized or permitt~ by law, and ~1i such eo'¢en~.-l~, stipulat{c.n~, obligatior~, and agreements shall be bit:ding upon the City. Exee2t as otherwise providec in this resolution, a~l rights, powers, and privileges eonferr.~d and duties and liabilities imposed upon the City by the provisions of this resolution e.r of the aforementioned documents to be executed and delivered by the City shall be eyereised or performed by the City or by such members of the City, or suen o~f,,.er:, boarc, body, or agency thereof as may be required by law to exercise such powers and to pc,form such duties. Nc, covenant, stipulation, obligation, or agreement herein contained or cont~in~f in the ~forementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement o! any member of the City Council of the City, ot any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer executing the Note shall be liable personally on the Note or be subject to any personal liability or accountability by reason of t~e issuance thereof. 8. That except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned doc~un:ents expressed or implied, is intended or shall be construed to confer upon any person, firm, or eorpcration, other than the City or any holder of the Note issued under the provisions of th~s r~o]ution, any right, remedy, o.- claim, legal or eoui~abl% under and by reason of this resolution or any pr~vision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be an0 being for the so~e and exclusive benefit of the City and ~J~v holder from time to time of the Note issued under t?,e provisions of this resoluti'on. That in ease any one or more of ~he provisions of this resolution, or of the ~ , ' a~o, ementJoned doeu~r]ents, or of the Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other prsvision of this reso]dtion, or of the aforementioned documents, or of the Note, but this resolution, the aforementioned documents and the Note s~all be constraed an~ endorsed as if such illegal or invalid provision had not been contained therein. 10~ T~t ~-h~ Note shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note and the regularity of the issuance thereof, and that all acts, conditions, and things requ'~ed by th,~ Cha~;~ of ~e City ~ ~o to tri,: - ~' ,-,*' c,~ .......... . t laws of the State of Minnesota. - relating r..s.,u~.,.,, te th, ".~.~uanee of the Note and to the execution of the aforementioned doeurnents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Note and preeed~m: :.~ ?.~ execu*ior cf the aforem~'nti'med d~euments have happened, exist, and have been performed as s~ required by la~. ~;. Th..,I ;.b~ 5~c, fe shall b~ ful.ly registered and may be transferred only upon ,he r~.:c~:.: of t?:~ c..'t,., kept for 'htr~.~,,,r,,,,~o.., ~.. by *.he note registrar of the City. The City Clerk of the Ci(y is he,.-zb5, copo~.n'ted ~s Note Registrar of the City. the event amy Note is mutilated, lost, stolen, or destroyed, the City shall execute and deliver '~, '~',~ ,'e~'{~t~r.:.fl hc. Ider ,:..' r,'..mh ;~%te a n~w Note of like date~ maturity, and denomination to that mutQated, lost, stolen, or destroyed, provided that, in the ease of any mutilated Note, such mutQated Note shall first 'b~e surrendered to the City, and in the case of any lost, siole:n, ct cje~troYed Note, there first she.l! be furnished to the City evidence ef ~ueh !~s, theft, or ~estruetion s~tisfaetnry to the City, together with an indemnity satisfactory to the City. Regu'lar Council Meeting January 9, 1984 page 17 Fhe City may co~diticn its registration of the transfer of any Note or the replacement of y mutilated, lost. stolen, or destroyed Note ~po'a the payment to the City of :zs reas- onable fees and expenses for' such services. The City may treat and consider the person in whose name any ~¢te is registered as the holder and absolute owner of such Note for all purposes whatsoever. 12. That the officers of the City, attorneys? engineers, and other agent~ or employees of the City are hereby authorized to do all acts and things required of them by'or in con- nection with this resolution, the aforementioned documents? and the Note For the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Note, the aforementioned documents? and this resolution. 13. That this resolutio~ shall be in full force and effect from and after its passage. Passed and approved this 9th day of January~ i984. Offered by: Hovland Seconded by: Petkoff Roll call: A~I ayes Jo-Anne Student, Council Secretary Bruce G. Nawrock~, Mayor f. Resolution No. 84-03 Requiremeqt.~ for Handicapped/Revenue Sharing Regu]ations Motion by Petkof~, second by ~ov]and to waive the reading of t~e resolutio~ there being ~mple copies available to the p~blic. Ro'l] call: All ayes RESOLUTION NO. 84-03 A RESOLUTION IMPLEMENTING REQUIREMENTS OF GENERAL REVENUE SHARiI~G REGULATION PERTAINING TO THE HANDICAPPED WHEREAS, Sectioo 51.55 of the Revenue Sharing Regulations (as published in the Federal Register on October 17, 1983) prchibits discrimination against qualified individuals be- cause of their handicapped status and outlines the regulations by which governments re- ceiving $25,000 or more in revenue sharing monies are required to abide, and, WHEREAS, the City of Columbia Heights is a governmental unit which receives $25,000 or more in revenue sharing monies, NOW, THEREFORE BE iT RESOLVED by the City Council of thc £it~ of Columbia Height~, Minn- esota that the City Manager be authorized and directed ~o coordinate effcrts' ~o comply with such regulations by: 1. Serving as the IIresponsible employee" design6teC t~ ceord~nate implementation nf ~ku handicapped descrimination requirements. 2. Notifying the pubiic of the GRS Hand~capped Req~i~'emCnts and the City's policy pro- hibiting discrimination on the basls of handicapped status in admission or access co, or treatment or employment in, its programs and act~vlti.e$. Formulating a g~'evience procedur~ to provide for prompt and equ:table resolution of )laints alleging handicapped discrim:r)ation. 4. Evaluating programs and activities, policies and practices to determine areas of non- compliance with the handicapped discrimination regulations and recommending "nonstructural Regular Counc:il Meeting January 3, 1984 page 18 changes" to achieve compli.~nce. 5. Determining if "str~ctc, rel cl~nC~" are ,",ceded ~nd, if so~ preparing a tran~-ition Dian describing how the cha.'ge~, w;;i be made. BE IT FURTHER RESOLVED, that all pro,¢;sions of above cr. tions shall be subject to final approval by the City Council. Passed this !}th day of January, 1984. Offered by: Hovland Seconded b): Pctkoff Roll call: All ayes Jo-Anne SLucenL, ~o,~'~ci! '~ec,-eEa:'T Bruce G. Nawrocki, Mayor As required in the second regulation of Resolution No. 84-03 a public notice must be posted in public places ~,ithin the City containing the rev3oue sharing handicapped reg- ulations. Motion by Petkoff, second by Hovland that the City Council approve the attached public notice, Revenue Sharing Handicapped Regulations; and furthermore that such motice be posted at various locations, published in the Sun newspaper and the next City newsletter, and broadcast over the cable system. Ro~i call: All ayes g. Resolution 84-0~ Designating Director and Alternate to the Suburban Rate Au[hu,[[y 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 RESOLUTION NO. 84-04 BEING A RESOLUTION DES!GNF,IlNG DIRECTOR ANB ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED b~ the City ff Co'lumbia Height~, Minnesota a~ follows: Arden Hovland is hereby designated as a Director of the Suburban Rate Author!ty: and Bruce Nawrockl is hereby de;;gnate5 to se, w-' as Altern~te Director to the Suburban Kate Authority for the year !954 and until their successors ~re appointed. Passed this 9th da,../ of January, 1984. Offered by: Pe[koff Seconded by: Carlson Roll call: A,1 ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor I, the undsrsigned, beir,~ tf:t du'Iy qualified ard a:ting Clerk of the City of Columbia Heights, hereby certify that ~he attached ~nd fsregc'ng is a true and corre~ Cop~ ct a resolutior, duly adopted hy the City Council of Coiumbia Helghts at its meetin9 ~, 1984, as the same is recorded in ~he m;nutes of the meeting of such Council for' sai¢ date, on file and of record in my office. Dated this 9th day of January-, Wil~ia~ Elrite, City Clerk Regular Council Meeting January 9, 1984 page 19 Resolution No. 84-05 Time of Regular Council Meetings t had been requested that the regular Council meetings start at 7:30 pm rather than 8:00 pm which had been lhe practic~. It was d~t~rmined that the first meeting at which this new starting time will be adopted is the regular Council meeting on February 13th. Motion by Petkoff, second by Hovland to waive the reading of the resolution there being ample copies ava~lablu to the public. Roll call: All ayes RESOLUTION NO. 84-05 BEING A RESOLUTION ESTABLISHING THE TIMES OF REGULAR COUNCIL MEETINGS WHEREAS, Section 2.301 of the City Code of 1977, as amended, sets the dates of regular Council meetings, NOW, THEREFORE, BE IT RESOLVED b'f tt~e City Council of the City of Columbia Heights that regular Council meetings held on those dates scheduled pursuant to Section 2.30! of the City Code of 1977 shall commence at 7:30 p.m.. Passed this 9th day of January, 1954. Offered by: Fetkoff Seconded by: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Commun i ca t ion s a. Planning and Zoning Commission 1. First Edition Corporation Conditional Use Permit/Lot Split/Site Plan Approval It was the general consensus of the Planning and Zoning Commission that a lot split of the property not occur until an actual proposal for the remaining 1.1 acre parcel could be presented. The lot split request was withdrawn by the developer. The First Edition Corporation is requesting permission to construct and operate a 320 seat bar and rest- aurant at 5085 Central Avenue. The Mayor inquired what the Traffic Commission recommenda- tions had been and was advised that the Commission was not fully satisfied with the pro- posed traffic patterns but did approve the access off of 51st Court. The Planning and Zoning Commission unanimously approved the site plan. Motion by Hovland, second by Petkoff that the Conditional Use Permit be approved subject to the following: . a) All items be complied with to the satisfaction of the Public Works Depar;ment as detailed in a memo dated December 30, 1983, from Fred Salsbury, Public Works Dir- ector. b) A landscaping plan for the remaining undeveloped portion of the site be submitted for approval to ~he Planning and Zoning Commission before the plan is a~proved. Roll call: All ayes 2. Kraus-Anderson, Inc. Site Plan Amendment/Sign Variance The Pi~nnln~ and Zoning Commission unanin~mus)y approved the site plan amendment which in- cluded ~h¢ construction of afl 1,800 square foot vest)bL!le area in the front of the pro- ;eU /~a~bow Food Store a;nd of a 20~ x 20' receiving area at the rear of the ~ood store. The deveioper also requested a 43~ square foot variance t¢, permit the erection of a 539 square foot wall sign. Motion by Petkoff, second by Hovland ~o approve the variance for the specific sign that has been requested based on the recommendation of the Planning and Zoning Commission who Regular Council Meeting January 9, 1984 page 20 recognizes that the size of the sign shou~O be Cietermined relative to the si?~. of the building wa!i: aria .*.hal a hardship was in ev~der~c¢ with ti~ .~la:emer, t of the so far fro,,~ Ce'.~tr.:~l A.,'enue a,~J its lower el,-/vatior~ from that street. Mayor Na~lrocki expressed the hope that no sig,aage woul'J be considered fo'.~ the sides of the buJlding since they abut residential areas. The representative of Kraus-Anderson stated he could agree to no signacte on the south side of the building but t~at the north side ef the buildin,.~ has not beer, de?eloped at ~hls time arid he coul.d make no statement on that mat- ter. The ~e'/or wi.-:hed to see a pro'.'islor~ in the ag"eement with Kraus-~nderson that ad- dressed no signage on the south side of the buildi;~g. Ro~! call: All ayes 3. Electro-Labs, Inc. Appeal of Denial Site P;an :~pproval Electro-L,~b,, nc i.~ a~pe3l ir, g ,.h~ ~en;a! of the~' re£~e,,! to the Planning and Zoning Commissio~ fc:r' permi~sio~ Lo con:~t?uct a 24' × 30' steerage bui!ding five feet in from the alley ,~nd ~;~so a 'v~rian,:~ :~f 13 park;ng spaces fror,~ the required 22 spaces. This request was denied by the Planning and Zoning Commission due to the lack of a hardship. A similar request had been made in 1980 and was denied due to a number of non-conforming factors o~ .h,_ s te a so t a p was nev er~ce Mayor had been ad * ~ i and ] hat hardshi not i id . The - vised by s~F~ ~n ti~e Public '.~orks Depar~m~n~ that there wer,~ chemicai spi~is at the site and evid~ce of hazardous waste beTr, g improDc:~]y i~andlecl. He expressed o concern that this ma~.ter be ?ur'~ue~ for the prot~ci:,ion i:or .ho~e oyces . ' = empl working in the facilitv as well as any danger that people outside the facility in the area may be exposed to. There was no representative of Electro-Labs, Inc. at the Council meeting. Motion by Hov]and, second by Petkoff to deny the variance appeal due to lack of a hard- ship and that staff be directed to pursue the possible violations and i. he ,:a,,dling ot hazardous wastes at the Electro-Labs facility and take whatever actions are necessary. Rol1 call: All ayes b. Trafi'ic Commi;s on On January 3, !~84 ti~ Tra'Ffi~: Co~m's~ion he~d a ?ub]ic hearing that addressed [he er'ec- tion of traffic cor:[ro! signs on a new stale aid ~reet. Minutes from the public hearing were received by members of the Council and discussion followed regarding the recommend- ations of the City Engineer that were presented at the hearing. One resident who objected to'the removal of stop signs on 46th Avenue came to speak to the Council. Council member Petkoff noted that crosswalks will be installed adjacent to the park. Council member Peterson stated he felt the stop signs should not be removed so close to a pa,-k where there are so many children. It was noted by the City Engineer that stop signs give a false sense of security to pedestrians and do not decrease speeding. Motion by Hovland, second by Petkoff to concur with the recommendations of the City Eng- ineer which are as follows: Placing stop sig~ to st~ the traffic on Johnsor, Street, both e~ds of ~rkview L~ne a~o P~erce S~re~t Avenue a~d Fil 4-way stop] a:~d to remove the stop s~gns on ~6t~ Avenue ~t Johnson Street. Roll call: HOvland, Petkoff, Carlson, Nawrock;- aye Fe~ers¢~--nay c. McDor~]d~ &605 Centra! Avenue - Permission for a SFecial Temporary Sign McDonald's is requestir~q [,~rm~si'~n for a f!ve day pe~'~iL for a portable sign to announce thei~ gran~ op~n~r~, it w~.s ~tecl l~at a ;eco~:J grai~d ~e~ng of a bus~nes~ ~ent an unusual light to this request. Motion by Nawrocki, second by Petko'i:f to allow [he F!acement of the requestea tempOt'ary sign on the .McDonald's property not to exceed five days that would announce their grand opening. Roll call: Al1 ayes Regular Council Meeting January 9, 1984 Page 21 d. National League of Cities Annual Membership Dues Motion by Petkoff, second by Hovland to authorize the City Manager to forward payment of $823 to the National League of Cities as payment of annual membership dues for the period of February 1, 1984- January 31, 1985. Roll Call: All ayes. e. Municipal and State .League Organizations Meeting The Council members were advised of a meeting scheduled for newly-elected officials sponsored by the League of Minnesota Cities and of the annual meeting of the Association of Metropolitan Municipalities on January 31 st. f. Authorization for Attendance at Conferences Motion by Hovland, second, by Carlson to authorize the attendance and expenses to the Association of Metropolitan Municipalities, League of Minnesota Cities and National League of Cities meetings and conferences for the Mayor and Council members. Roll call: All ayes. g. AMM and School Board Letters A letter was received from the AMM regarding applications for the regional interconnect Channel 6 on cable television. A letter from the District #13 was also received which addressed the options for the development of the northwest comer of Central Avenue at 41st by a developer. 7. Old and New Business a. Old Business 1. Offer to Purchase Property at 4232 Fifth Street An offer had been received to purchase City owned property at 4232 Fifth Street. A copy of an appraisal had not been received by the purchaser and she requested that she be given additional time to study the appraisal before she made a counter proposal. Motion by Hovland, second by Petkoff, to table this matter until the next regular Council meeting. Roll call: All ayes. RECESS: 10:00 pm RECONVENE: 10:25 pm 2. Award of Bid a. Fire Truck Pumper Motion by Petkoff, second by Peterson as follows: Motion of the City Council of the City of Columbia Heights, Minnesota ("City") awarding a contract for one (1) fire apparatus contingent upon the other four cities under the joint powers agreement awarding a similar contract to General Safety Equipment Corp. ("General"); directing the return of all bid bonds of the unsuccessful bidders upon General executing the contract with the City. WHEREAS, the City in con. junction with four (4) other cities to wit: Inver Grove Heights, North St. Paul, St. Anthony and Plymouth under a joint powers agreement, called for formal written bids for: Five (5) Motor Fire Apparatus WHEREAS, twelve (12) companies responded with bids, WHEREAS, the bid Specifications provide that the bids will be evaluated in accord with the criteria specified in Section 2.3, et seq. of said Specifications, which sections are incorporated herein by reference, together with the cost thereof, Regular Council Meeting January 9, 1984 Page 22 WHEREAS, all bids were analyzed and evaluated in detail by representatives of each of the five (5) respective cities who are parties to the aforementioned joint powers agreement, WHEREAS, the bids received for the delivery of five (5) motor fire individually selected by the five (5) respective cities were as follows: 1. Mid-Central Fire, Inc. $592 2. General Safety Equipment Corp. $611 3. Custom Fire Apparatus, Inc. $617 4. Pierce Manufacturing, Inc. $622 5. Luverne Fire Equipment Co. $634 6. Seagrave Fire Apparatus, inc. $645 7. Peter Pirsch & Sons Company $698 8. Mack Trucks, Inc. $700 9. Grumman Emergency Products, Inc. $701 10. Fire Safety Products, Inc. $715 11. American LaFrance 12. Emergency One 955.00 681.00 335.00 216.80 411.10 000.00 118.28 945.00 541.00 996.00 $725,513.00 $747,787.00 apparatus with the alternatives as NOW, THEREFORE, the City Council resolves and deems: 1) That the apparent low bid was presented by Mid-Central Fire, Inc. a copy of which bid is on file with the office of the secretary to the City Council. The language and provisions which are highlighted in said copy on file denote variations from the Specifications prepared by the five cities pursuant to the joint powers agreement or alternatively denote internal inconsistencies within the bid document. The City Council of the City hereby finds and concludes, therefore, that the bid of Mid- Central Fire, Inc. is not a responsible bid. For the reasons stated herein the bid of Mid-Central Fire, Inc. is hereby rejected. 2) The bid of General Safety Equipment Corp ("General") in the aggregate amount of $611,681.00 as set out in the "Basis of Bid" page of the Specifications prepared by General and attached hereto as Exhibit A is deemed 'to be the lowest responsible bid in accordance with Minnesota Statutes 412.311 and 471.345. 3) General's bid is most complete and responsive to the Specifications. 4) When measured against the evaluation criteria of the Specifications and when measured against cost, General's bid is the lowest responsible bid. 5) General's bid meets the major and substantial requirements of the Specifications. 6) Exceptions taken by General to the Specifications are insignificant and not substantial. 7) The City does hereby award to General a contract for one (1) fire apparatus in the amount of One Hundred Twenty Thousand Four Hundred Seventy Five and no/100ths Dollars ($120,475.00) in accord with General's bid and the City's Specifications; the City does hereby further award to General a contract for equipment included in the City bid Specifications in the amount of Two Thousand One Hundred Thirty-Four and 35/100ths Dollars ($2,124.35). 8) All bid bonds of the unsuccessful bidders shall be returned upon General executing the above- referenced contract with the City. Regular Council Meeting January 9, 1984 Page 23 9) The award made herein is contingent upon the other four (4) cities under the above-mentioned joint powers agreement awarding a similar contract for General prior to January 15, 1984. Passed this 9th day of January, 1984. Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary I, hereby certify that the above is a true and correct copy of a motion adopted by the City Council of the City of Columbia Heights on the 9th day of January, 1984. William J. Elrite, City Clerk b. Pick Up Trucks Motion by Hovland, second by Peterson to award the purchase of a 3/4 ton crew cab in the amount of $9,055.60; and a 3/4 ton 4 x 4 in the amount of $10,915.47 from Thomas Pontiac, Buick, GMC of Coon Rapids based upon the low bid received in conjunction with the Hennepin Joint Purchasing Agreement, and the Mayor and City Manager be authorized to enter into a contract for same. It was noted that the vehicles that are being replaced will be sold at the Hennepin County auction. Roll call: All ayes. 3. Establish Date for Public Hearing Regarding Use of CDBG Monies Although a hearing is not required in determining the use of CDBG monies the Council felt a hearing should be held in view of all the interest this subject had generated in the past year. Motion by Petkoff, second by Hovland, to establish a special meeting of the City Council for a public heating on January 23, 1984 at 7:00 pm for the purpose of considering possible uses for the 1984 Community Development Block Grant Funds. Roll call: All ayes. 4. Establish a Special Assessment Public Hearing Motion by Petkoff, second by Hovland to establish February 21, 1984 at 7:30 pm as the date and time for a special Assessment Public Heating. Roll call: All ayes. 5. Commission Vacancies The Science, Technology and Energy Commission and the Traffic Commission each have one vacancy. Motion by Carlson, second by Peterson to appoint Gayle Norberg to fill the unexpired term of Stephen Karn on the Science, Technology and Energy Commission. Roll Call: Ail ayes. b. New Business 1. Authorization to Purchase Snow Blower The City Manager had recommended that this snow blower be stored at the Fire Department for use in snow removal around City Hall, but available for use by the Public Works Department when the situation dictates. The most recent purchase of a snow blower was from Sears. It was hoped that this snow blower could also be purchased from Sears but the staff had been advised that this item is presently out of stock and would have to be back ordered. It was the hope of the Council that equipment of similar nature could be purchased to compliment equipment already in the City's inventory but the urgency of this request was recognized. Motion by Hovland, second by Carlson to authorize the City Manager to purchase a Sears snow blower if it is available, or one John Deere #1032 from Osseo Sports in the amount of $1,026.50 based upon low, informal quotation with the costs to come from the Revenue Sharing Fund. Roll call: All ayes. Regular Council Heeting January 9, 1.~)84 page 24 2. Consent Agenda No action was taken on this matter. Council member Petkoff requested that this included on the agenda for the Council work session on JanUary 16:h. It was noted Ghat if a consent agenda is implemented it may require a change to the City Char(er. Award oF Bids a. Sewage Lift Station Improvements An Executive Session was called to discuss this matter. Motion by Hovland, second by Petkoff that the Mayor and City Manager be authorized-t~-enter into a Contract wlth Consolidated Plumbing and Heating Company for the sewage rift 'station improvements and that it be noted that the irregularities in their bid are considered to be trivial. Roll call: All ayes b. Pump and Lift Station Improvements Motion by Hovland,. second by Paterson to authorize the Mayor and City Manager to execute a contract f¢>~ pump and lift station control system with Hoffman Electric in the amount of $75,800 b()sed upon low, formal bid, and that the alternate bid be rejected on the 'basis that it is not an approved alternate. Roll call: All ayes 4. Bikeway Construction Program A letter was received from the Minnesota Department of Transportation regarding the Bike- way Construcl:ion Program whereby the State would contribute 75% of the costs if the City submitted an application for the program and it was accepted. The City Manager advised the Council of the areas within the City where he felt bike ways were feasible. Motion by Carlson, second by Paterson to refer this matter to the Traffic Commission for review and report back to the Council. Roll call: All ayes Reports a. City Manager's Report The City Manager's Report was submitted in written form and all three items contained in it were discussed. The City Manager advised the Council of some structural prpblems being experienced in the Service Center. The City Engineer felt that these problems should be addressed by someone in the structural engineering field. Motion by Hov)and, second by Petkoff that the City Manager be authorized to expend up to $),OOD to employ the services of a structural engineer, these funds will come from the Intergovernmental Service Building Fund. Roll call: All ayes Portions of the ceiling in John P. Murzyn Hall have loosened with some of 'it fal'ling~own. The Building Inspector stated that it would cost approximately $3,1OO to repair and replace the'ceiling tile including labor costs. The Mayor felt this matter should be addressed by the Park Board. Motion by Petkoff, second by Carlson to refer the matter of the ceiling in John P; Murzyn Hall to the Park Board. Roll call: All ayes The City Manager advised the Council ~that it ls being considered to hookup with Group W Cable for use in our )ill stations fo' transmitting signals through the coaxial cable. Other means of transmitting these signals were discussed. b. City Attorney's Report The City Attorney advised the Council that the Wendy's a6d Rax's letters of credit have been intered into. Also, as of ,January 1, 1984, the City will prosecute gross misdemeanors per the memo from the Police Cihief. Regular Council Meeting January 9, 1984 page 25 ~Motion by Movland~ second by Petkoff to approve the l~censes as .liSted"upon payment of proper fees aha t~t tile fee be waived for l:~e Kiwanis Club. R°lI call: All ayes 10. Payment of Bills MoLion by Petkoff, second by Hovland to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment Motion ~y Petkoff? second by Hov]and to adjourn the meeting at ayes /~.n~ Student, Council 'Se'~retary 1:10 am. Rol! Jl~ll: A1~1