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HomeMy WebLinkAboutSept 9, 1985OFFICIAL PROceEDINGS COLUMBIA HEIGHTS CITY COUNCIL  LAR COUNCIL MEETING EMBER ~, 19~5 The meetinc was called to order by Mayor Nawrocki at 7:30 P.M.. 1. Roll Call Hovland, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation There were no ministers available to offer an Invocation. 3. Minutes of Previous Meetings Motion by Petkoff, second by Peterson to approve the minutes of the Regular City Council Meetine of August 26th, the Board of Trustees - Fire Fighters Volunteer Division of Auoust 26th, and the Special City Council Meeting of August 28th, as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Peri*ions a. Resolution No. 85-&2; Awarding the Sa'le of, and Providing the Form, Terms, Covenants and Directions for S2,100,000 General Obligation Tax Increment Bonds of 1985, Series A Steve Emerson of Miller g Schroeder Municipals advised the Council that only one bid had been received. He felt this was caused by what is perceived as an unstable market. Leaving the bid open fer thirty days had been considered but Emerson recommended inst this and that the one bid receiw~d be accepted. He stated he had researched the through comparisons and felt it was a very fair bid. There are twenty firms who formed an association for the bid. Motion by Hovland, second by Peterson to waive the reading of the resolution there being ample copies available te the public, Roll call: All ayes RESOLUTION NO. 85-&2 RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR S2,lO0,O~S GENERAL OBLIGATION TAX INCREMENT BONDS OF 1985, SERIES A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS: Section l. A,.,ard o~ Sa!e: Terms of Bonds 1.OI The City of Columbia Heiahts, Minnesota (the "Issuer") hereby awards the sale of S2,100,003 General Obligation Tax Increment Bonds of 1985, Series A (the "Bonds") to First National Bank of St. Paul and Associates (the "Purchaser") as the bidder offering the lowest net interest cost by its bid to purchase the Bonds at a price of $2,060,O16 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 Year of Interest Maturity Rate Maturity Rate Maturity Rate ,88 1989 199,3 1991 5 25 6 oo 6 50 7 00 7 2O 7 ~0 1992 7.60 ~ 1998 8,80 1993 7.80 1999 9.00 1994 8,00 2000 9.00 1995 8.20 200] 9.00 1996 8.~0 2002 9.00 1997 8.60 Reoular Council Meetin9 September 9, 195~ pagc 2 The City Cler~-Treasurer o< the Issuer is directed to retain the good faith check of the Purchaser pending delivery of and payment for the bonds, and to return the checks of the unsuccessfu] bidderb. 1.02 The issuer shall issue the Bonds in the aggregate principal amount of $2,1OO,O00 dated September 1, 1985 as fully registered bonds. The Bonds shall be in denominations of S5,000 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 inte- rest at the rates set forth above, payable March 1, 1986 and semiannually thereafter on each March 1 and SeDtembe- 1, and shall mature serially on March I in the years and amounts as follo,-.'s: Year Amount Year Amount Year Amount 1986 1987 1988 1987 1990 1991 $ 5O 50 000 50 1992 S 55,000 1998 S 240,O00 1993 55,000 1999 240,000 199L, 55,000 2000 240,000 1995 100,000 2001 240,000 1996 150,007 2002 250,000 1 oo4.,.. ,, 175, Bonds issued in exchange for Bonds shall be dated as of the date of authentication reof and shall bear interest from the date to which interest due and payable has paid in full on the bonds surrendered, except that Bonds issued upon a transfer or exchange prior to the first interest payment date shatl be dated as of September 1985. 1.03 All Bonds maturing on or after March 1, 1992, 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 l, 1991, and any interest payment date thereafter at a price of par plus accrued interest. Thirty days' prior notice of re- demption shall be given by 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 De due and payable at the stated redemption date and price with accrued inl; est to the redemption date, and upon funds for such payment being held by or on benalf of the Registrar for such payment on the specified redemp- tion date, interest thereon shall cease to accrue after such redemption date. No defect ir, the mailed notice of redemption shall affect the validity of the call for redemption of any Bonds. 1.04 The Bonds shall be payable as to principal upon presentation at the,main office ~-~arquette Bank Minneapolis in Hinneapolis, Minnesota (the "Registrar"), or at any office of such other successor registrar as the issuer may hereafter designate upon 60 days mailed notice to the registered owners. If the stated maturity date for pay~ ment of principal of any Bond shall not be a business day, then such payment shall be made on the next succeeding business day with the same force and effect as if made on the stated maturity, and without additional interest accruing thereon for the period er such stated maturity. Interest on ,each Bond shall.be payable by check or draft the Registrar maiJed on the interest payment date or, if the interest payment date is not a business day, then such payment shall be mailed on the first business day fo]lowing the interest payment date, to the person who was the registered holder thereof at the close of business on the 15th day (whether or not a business day) of the calendar month next preceding the interest payment date, at his or her address Reoular Council Heetin~ September 9, 1985 page 3 as it appears on the bond register. For purposes of this resolution "business day" shall mea~ any day other than a day on which banks in the City in wh~£h banks in the City in wFich the principal office of the Registrar is located are authorized to be closed. Section 2. Form and Executio~ of Bonds 2.01 The Bonds shall be 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 COUNTY OF ANOKA No. R- S GENERAL OBblCATION TAX INCREMENT BONDS OF 1985, SERIES A Rate Maturity Nominal Date CUSIP Of Original Issue September 1, 1985 City of Columbia Heights, Minnesota (the "Issuer"), for value received, hereby certifies that it is indebted and hereby Dromised to pay to or registered assi0ns, the principal sum ,Df on the maturity date specified above, UpOn the presentation and surrender hereof, and to pay to the registered owner hereof interest on such prin- cipal sum at the interest rate specified above from September l, 1985, 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 ] of each year, commencing March 1, 1986, until said principal sum is paid. Principal and the redemption price are payable in lawfulmoney of the United States of America at Marquette Bank Minneapolis as Registrar, Transfer Agent and Paying Agent, in Minneapolis, Minnesota the offices of such successor agent as the Issuer may designate upon 60 days notice to the registered owne at their registered addressed (the "Registrar"). Interest ~hall be paid on each P .rch 1 and September 1 by check or draft mailed by first-class mail, postage prepaid, on the interest payment date, or if the imterest payment date is not a Business Day, then on the first Business Day thereafter, to the person' in whose name this Bond is registered at the close of business on the preceding February 15 and August 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. "Business Day" shall mean any day other than a day when banks located in the city in which the principal office of the Registrar is loca- ted are authorized to be closed. Bonds of this series maturing on or after March 1, 1992, are subject to redemption option of the Issuer in whole or in part in inverse order of maturity and by lot within a maturity, on March l, 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 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. No defect in mailed notice will affect the validity of the call for redemption. Regular 'Council Meeting September 9. 1955 page ~ Bond is one of a series of Bonds in the aggregate principal amount of Two Million One Hundred Thousand Dollars (SZ,lO0,O00), all of like date and tenor except number, interest rate, denomination, date of maturity and redemption privilege, and is issued for the purpose of providing funds to defray the cost of certain public redevelopment costs of the Downtown C.B.D. Redevelopment Project undertaken pursuant to Minnesota Statutes, Section 462.41] et seq., and is issued pursuant to an authorizing resolution (the "Resolution") duty adopted by the Issuer on September 9, 1985, and pursuant to and in fully conformity with the Constitution and laws of the State of Minnesota, clusing Ninnesota Statutes, Chapter 475 and Section 273.71 through 273.78. The Bonds of this series are payable from the "Series B Tax Increment Bond/Subaccount" of the Issuer. All taxable property within the Issuer is 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 issuer to exceed any constitutional, statutory, or charter limitation thereon. As provided in the Resolution, and subject to certain limitations set forth therein, this Bond is transferable upon the books of the issuer 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 of such owner's duly authorized attorney. Upon such transfer and the payment of any tax fee or governmental charge required to be paid by the Issuer or the Registrar with respect to such transfer, there will be issued in the name of the transferee a ney, Bonds or Bond of the same aggregate principal amount [he surrendered Bond. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of S5,000 or any integral multiple thereof not exceeding the prin- cipal amount maturing in an~ 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 Boncs 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 alt acts, conditions and things required by the Constitution and laws of the State of: Minnesota 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 Issuer 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 Authen- tication Certificate hereon shall have been manually signed by a person authorized to sign on behalf of the Registrar. IN ~ITNESS ~HEREOF, the City of Columbia Heights, Minnesota has caused this Bond to be executed with the facsimile signatures of its Mayor and its City Manager, all as of the Date of Original Issue specified above. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA By Mayor Bruce G. Nawrocki Robert S. Bocwinski City Manager Regular Council Meeting September 9. 1955 page 5 2.02 As lona as any of the Bonds issued hereunder shall remain outstanding, the Council shall cause to be kept at the principal office of the Registrar 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. Marquette Bank Hinneapolis of Minneapolis, Minnesota is hereby appointed Registrar for the purpose of registering Bonds and registering transfers of Bonds as herein provided Upon surrender for transfer of any Bond with a written instrument of transfer satis- factory to the Rog strar, 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 and the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of any aul:horized denominations and of a like aggregate principal amount, interest rate and maturity. Any Bonds, upon surrender thereof at the office of the Registrar ma,f, 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 an~ authorized denominations. In all cases in which the privilege of exchanging or transferring fully regi:stered Bonds is exercised, the Issuer shall execute and the Reqistrar sha]] 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 re- imburse it for any tax, fee or other governmental charge required to be paid with spect to such exchange or transfer, which sum or sums shall be paid by the person uesting 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 therev~ith (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 (]5) 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 sha]] not be required to make any transfer or exchanoe of any Bonds called for redemption. Each Bond delivered under this Res- o]ution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accruecl 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. 2.03 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 Bonds to the extent of the sum or sums so paid. )4 If (i) any mutilitated Bond is surrendered to the Registrar, and the Issuer and 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, if necessary, and upon its request Reoular Council Meeting September 9. 1985 page 6 the Registrar shall authenticate and detiver, 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 disrection may in stead 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 enfor- ceable 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 rio~ts and remedies with respect to the replacement or payment of mutilated, destroyec, lost, or stolen Bonds. Section 3 Execution and De]ive-y 3.10 The Bonds shall be executed by the respective facsimile signatures of the Mayor and the Cty Manager of the Issuer as set forth in the form of Bond. The text of the approving legal opinion of Ho]mes and Graven, Chartered, of Minneapolis, Minnesota d counsel, shall be printed o~ the reverse side of each Bond and shall be certi- 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 receipt of the ClerK-Treasurer of the issuer to the Purchaser thereof shall be a full acquitance; and the Purchaser shall not be bound to see the application of the purchase money. The Bonds shall not be valid for any purpose until authenticated by the Registrar. 3.02 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.O3 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, the Mayor and the City Clerk shall also 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 the Bonds, together with the arbitrage certificate referred to below and the signed roving legal opinion of Holmes and Graven, Chartered as to the validity and inforce- ability 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 in- come) under present laws and rulings. Regular Council Meet September page ? Sect]om 4. Bond Fund and Accounts, Appropriations, Pledge, Pledge Agreement. ~.01 (a) There is hereby created a special fund of the issuer in the issuer's ProJect Account established pursuant to resolution of the issuer adopted on August 11, 1980 in connection ~ith the issuance of its S8,175,000 General Obligation Tax Increment Bonds, designated the "Series B Tax Increment Bond Fund" (the "Fund") held and administered by the Clerk-Treasurer of the issuer separate and apart from all other funds of the issuer. The Fund shall be maintained in the manner specified until all of the bonds herein authorized, any refunding bonds issued to refund the bonds and any other general obligation tax increment bonds hereafter issued and made payable in accordance with law from the Fund and the interest thereon, have been fully paid. In the Fund there shall be maintained two separate accounts, to be designated as the "Capita] Account" and the "Debt Service Account" respectively. Capital Account The proceeds from the sale of the Bonds, less the amount of the pro- ceeds of the Bonds deposited in the Debt Service Account, and less any accrued interest received thereon shall be credited to the Capital Account, from which there shall be paid all relating to the public redevelopment costs of the Downtown C.B.D. Redevelop- ment Project (the "Project"), including the cost of any construction contracts here- tofore ]et and all other costs incurred and to be incurred, of the kind authorized in Minnesota Statutes, Sections 475.65. Upon completion of, and payment of such costs relating to, the Project, funds remaining in the Capital Account sha]l be transferred to the Debt Service Account. t Service Account There is hereby pledged and there shall be credited to the Debt )ervice Account ~- all accrued interest and unused discount received upon delivery of and payment for the Bonds (b) tax increment pledged to the payment of the Bonds pursuant to the Tax Increment Pledge Agreement, dated August ]], 1980, as amended between the issuer and The Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Pledge Agreement"), (c) all taxes herein levied for the payment of the Bonds, and (d) all moneys remaining in the Capital Account after completion of the project and payment of the costs thereof. The Debt Service Account herein created sha]] be used solely to pay principal of, premium, if any and interest of the Bonds and any other general obligation bonds hereafter issued and made payable from said Debt Service Account in accordance with law. The Mayor and City Manager are hereby authorized to execute an amendment to the Pledge Agreement in substantially the form of Exhibit A attached hereto with such revisions and modifications as may be approved by the Mayor. Execution of such amend- ment shall evidence approval of any revisions or modifications. Pursuant to such amendment tax increment from the C.B.D. Redevelopment District and the University Avenue Redevelopment District and the University Avenue Redevelopment District will be pledged to the payment of debt service on the Bonds. 4.02 To provide moneys for the payment of principal of, and interest on the Bonds as the same become due, there is hereby levied upon al1 of the taxable property in the issuer a direct annual ad valorem tax which, (a) together with estimated col- ]ections of tax increment shall be equal to 105~. of the amount necessary to meet when due principal and interest on the Bonds, and (b) shall be spread upon the tax is and collected with and as a part of other general property taxes of the issuer the years and amounts as follows: Levy Year Collection Year Amount Levied Regu ar Council Meeting September 9. 1985 page 8 Said tax levies shall be irrevocable as lon9 as any bonds are outstanding, provided that the issuer reserves the right to reduce the levies in the manner and to the extent per- mitted by Minnesota Statutes, Section 475,,61, Subd. 3. The issuer hereby finds and det- ermines that tax increment in an amount equal to not less than 20~ of the public redeve- lopment costs to be financed hereby is estimated to be received from tax increment pledged to the payment of debt service on the bonds. The full faith and credit taxing powers of the issuer are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on the bonds and such other general obligation indebtedness as may be made payable from the Bond Fund, as such principal and interest respectively become due. 4.03 The Clerk-Treasurer of the issuer 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 all bonds payable from the Bond 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, includin9 the investment of any revenues pledged to the BonOs 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 foregoin9 ings and covenants, the issuer hereby certifies that it is not expected that the .ceeds of the bonds will be used in such manner to cause the bonds to be arbitrage bonds under Section 103(c) and regulations thereunder. The Mayor and City Manager shall furnish an arbitrage certificate to the Purchaser embracin9 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 or consumer loan bonds under Section 103(o) of the Internal Revenue Code. 5.02 The City Manager is hereby authorized and directed to certify copies of this Resolution and to cause the same to be filed in the offices 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 or her bond registrar. 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 9th day of September, 1985. Offered by: :onded by: 1 call: Hovland Peterson Hovland, Petkoff, Peterson, Nawrocki - aye Carlson - nay Robert S. Bocwinski, City Manager Bruce G. Nawrocki, Mayor Regular Council Meeting September ~.. 1985 page ~ b. Resolution No. 85-4}; Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for S2,460,O00 General Obligation Refunding Bonds of 1985, Series B Motion by Carlson, second by Peterson to waive the reading of the resolution there being ample copies available to the public. Rotli call: All ayes RESOLUTION NO. 85-43 RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, CONVENANTS AND DIRECTIONS FOR S2,463,000 GENERAL OBLIGATION REFUNDING BONDS OF 1985, SERIES B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS: Section 1. A,..a~d of Sale: Terms of Bonds 1.01 The City of Columbia Heights, Minnesota (the "IssuerI') hereby awards the sale of S2,463.00: General OBligation Refunding Bonds of 1985, Series B (the "Bonds") to First National Bank of St. Paul and Associates, (the "Purchaser") as the bidder offering the lowest net interest cost by its bid to purchase the bonds at a price of $2,423,]00 plus accrued interest to the date of delivery, the bonds to bear interest at the rates per annum as folio,...s: Year of Interest Year of Interest Maturity Rate Maturity Rate 19S6 5.25 ~ 1991 7.40 19~7 6.00 1992 7.60 198~ 6.50 1993 7.80 1989 7.00 1994 8.00 1990 7.20 1995 8.20 1996 8.40 The City Clerk-Treasurer of the issuer is directed to retain good faith check of the Purchaser pending delivery of and payment for the bonds, and to return the checks of the unsuccessful bidders. 1.02 The issuer shall issue the bonds in the aggregate principal amount of S2,460,000 dated September i, 1985 as fully registered bonds. The bonds shall be in denominations of S5,00O or any integral multiple thereof not exceeding the principal amount of a single maturity, shall be numDered from R-] upwards in order of issuance, and shall bear interest at the rates set forth above, payable March 1, I986 and semiannually thereafter on each March 1 and September ], and shall mature on March 1 in the years and amounts as follows: Year Amount Year Amount 1986 1987 8 1990 $ 70,000 1991 S S 195,000 1992 S S 205,000 1993 $ S 220,000 1994 $ S 230,000 1995 S 1996 $ 245,OO0 260,000 280,000 300,000 325,O00 130,000 Regular Council Meeting September 9, 1985 page 10 issueJ in exchange for bonds shall be dated as of the date of authentication thereof and shall bear interest fro~, the date to which interest due and payable has been paid in full on the bonds surrendered except that bonds issued upon a transfer or exchange prior to the first interest payment date shall be dated as of September l, 1985. 1.03 All bonds maturing on or after March l, 1988, 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 at the option of the issuer on March 1, 1987, and any interest payment date there- after at a price of par plus accured interest. Thirty days' prior notice of redemption shall be give~ by 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. No defect in the mailed notice of redemption shall affect the validity of the call for redemption of any bond. 1.04 The bonds shall be payable as to principal upon presentation at the main office of Marquette Bank Hinneapolis, in Hinneapolis, 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. If the stated maturity date for payment of principal of any bone shall not be a business day, then such payment sha]l be made on the next succeeding business day with the same force and effect as if made on the ted maturity, and without additional interest accruing thereon for the period after stated maturity. Interest on each bond shall be payable by check or draft of the Registrar mailed on the interest payment date or, if the interest payment date is not a business day, then such payment shall be mailed on the first business day following the interest payment date with the same force and effect as if payment were made on the interest payment date, to the person who was the registered holder thereof at the close of business on the 15th day (whether or not a business day) of the calendar month next preceding the interest payment date, at his or her address as it appears on the bond register. For purposes of this resolution "business day~' shall mean any day other than a day on which banks in the City in which the principal office of the Registrar is located are authorizec to be c]ose~. Section 2. Form and Execution of the Bon~s 2.01 The bonds shall be in substantially the following form, with the necessary var as to number, CUSIP Number, rate of interest and Oate of maturity, the blanks to be properly filled in: ations UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA GENERAL OBLIGATION REFUNDING BOND OF 1985, SERIES B Rate Maturity Nomina~ Date of Original Issue CUSIP September 1, 1985 Regular Council Meeting September Q.,. 1985 page 11 City of Columbia Heights, Minnesota (the "Issuer"), for value received, hereby certifies that it is indebted and hereby lpromises 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 SeptemlDer 1, ]985, or the most recent interest payment date to which interest has been paid or d,J]y provided for as specified below, on March ] and September ] of each year, commencing March ], 1986, until said principa] sum is paid. Principal and the redemption price are payable in lawful money of the United States of America at Marquette Bank Minneapolis as Registrar, Transfer Agent and Paying Agent, in Minneapolis, Minnesota, or at the offices of such successor agent as the issuer may desig- nate upon 60 days notice to the registered owners at their registered addresses (the "Registrar"). Interest sha]] be paid on each March ] and September ] by check or draft mailed by first-class mai], postage prepaid, on the interest payment date, or if the interest payment date is not a business day, then on the first business day thereafter, to the person in whose name this bond is registered at the close of business on the precedin0 February ]5 or August ]5 (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 v~ill be paid to the person in wh~)$e name this bond is registered at the close of business on a special record date established by the Registrar for the pay- ment of such defaulted interest. "Business day" shall mean any day other than a day when banks located in the city in which the principal office of the Reglstrar is located are authorized to be c]oseo. bonds of this series maturing on or after March 1, 1988, are subject to redemption at option of the issuer in whole or in part in inverse order of maturity and by lot within a maturity, on March 1, ]987 and any interest payment date thereafter at a price equal to par and accrued interest. Thirty days' prior notice of redemption will be published in the manner provided by Minnesota Statutes, Chapter 475. No defect in mailed notice will affect the validity of the call for redemption. This bond is one of a series of bonds in the aggregate principal amount of all of like date and tenor except for number, interest rate, denomination, date of maturity and redemption privilege, and is issued for the purpose of providing funds to refund the outstanding principal amount of the issuer's General Ob]ioation Permanent Improvement Fund Bonds, Series 1984, which were issued to finance the cost of certain local improvements, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the issuer :September 9. 1985, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475. The bonds of this series are payable from the perm- anent Improvement Fund Bonds of 1982 Debt Service Account in the issuer's sinking fund. Ail taxable property within the issuer is subject to the levy of ad valorem taxes re- quired 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 issuer to exceed any constitutional, statutory, or charter limitation thereon. As provided in the Resolution, and subject to certain limitations set forth therein, this bond is tranferable upon the books of the issuer kept for that purpose at the principal office of the registrar, by the registered owner hereof in person or by :h owner's attorney duly authorized in writing, upon surrender of this bond together ih a written instrument of transfer satisfactory to the Registrar, duly authorized attorney. Upon such transfer and the payment of any tax, fee or governmental charge required to be paid by the issuer 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. Regular Council Meeting September page 12 The bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral: multiple thereof. As provided in the re- olution 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 dif- ferent authorized denominations, 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 la~.~s of the State of Minnesota and by the Charter of the issuer 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 issuer 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 Auth- entication Certificate hereon shall have been manually signed by a person authorized to sign on behalf of the Registrar. IN WITNESS, WHEREOF, the City of Columbia Heights, Minnesota has caused this bond to be executed v,'ith the facsimile signatures of its Mayor and its City Manager, ali as to the Date of Original Issue specified above. CITY OF COLUMBIA HEIGHTS, MINNESOTA By Bruce G. Nawrocki Mayor Robert S. Boc~.,'inski, City Manager 2.02 As long as any of the bonds issued hereunder shall remain outstanding, the Council shall cause to be kept at the principal office of the Registrar 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. Marquette Bank Minneapolis of Minneapolis., Minnesota, is hereby appointed Registrar for the purpose of registering bonds and registering transfers of bonds as herein provided. Upon surrender for transfer of any bond with a written statement 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 sha:ll execute 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 accordaqce with the provisions of this Resolution. every such exchange or transfer of bonds, whether temporary or definitive, the r 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 shall be paid by the person requesting such exchhange or transfer as a condition precedent to the exercise of the privilege of making such ex- change or transfer. Notwithstanding, any other provision of this Resolution, the Regular Council Meeting September ~, pa~e 13 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 ap- plicable 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 or the mailing (if there is no 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. 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. 2.03 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 to be paid. 2.0& If (i) any mutilated bond is surrendered to the Registrar, and the issuer and the jistrar received evidence to their satisfaction of the destruction, loss, or theft of bond and (ii) there is delivered to the issuer and the Registrar such security or ~ndemnity as may be required by them to save each of them harmless, then, in the ab- sence of notice to the issuer or the Registrar that, such bond has been acquired by a bona fide purchaser, the issuer shall execute if necessary, 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 contractural 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 al1 the benefits of this resolution equally and pro- portionately 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 31 The bonds shall be executed by the respective facsimile signatures of the Mayor the City Manager of the issuer as set forth in the form of bonds. 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 Regular Council Meeting September e 1~ same shall be delivered to the Purchaser upon payment of the purchase price, and the receipt of the City Clerk-Treasurer of the Issuer to the Purchaser thereof shall be a full acquaintance; 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. 3.02 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 an: 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 face 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, the Mayor and City Manager shall also 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 dying legal opinion of Holmes & Graven, Chartered as to the validity and enforce- ity 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 ~. Refundino of Refunded Bcnds. 4.O1. The form of Excrow Agreement proposed to be made and entered into between the issuer and in Minneapolis, Minnesota, relating to the issuer's General Obligation Permanent Improvement Fund Bonds, ~eries 195~ (the "Refunded Bones") is hereby approved and shall be executed by the Mayor and the City Manager in substantially the form in file, with such changes therein not inconsistent with Section 475.67, Minnesota Statutes, or other law, as the officers executino the same may approve, which approval shall be conclusively evidenced by the execution thereof. The Escrow Agreement shall be irrevocable and the issuer hereby covenants to perform the terms and conditions thereof as long as the Refunded Bonds are outstanding. The issuer hereby agrees to pay the reasonable charges of the escrow agent for acting as such. 4.02 The proceeds of the bonds are hereby appropriated as follows: (a) an amount sufficient to fund the Escrow Fund pursuant to the Escrow Agreement (currently estimated to be S2,387,896.24) shall be deposited in such Escrow Fund and applied in accordance with the Escrow Agreement~ and (b) an amount equal to the costs of issuing the bonds (currently estimated to be $35,139.61) shall be applied to the payment thereof. The balance of the Escrow Fund shall be funded with the sum of $124,322.12 ich is hereby appropriated to the Escrow Fund from the the General Fund ,the issuer. 4.03 The firm of Peat Marwick, independent public accountants and consulting actuaries, is hereby authorized and directed to verify that the de- posits in the Escrow Fund for the refunded bonds will be sufficient to meet the calculations as may be necessary for the purpose of determining compliance with Regular Council Meeting September 9. ]9~ pag? 15 Section 103(c) of the Internal Revenue Code and regulations thereunder. Section 5. Debt Service Account, Pledges, Appropriations. 5.01 The bonds shall be payable from the "Permanent Improvement Fund Bonds of 1982 Debt Service Account in the issuer's Sinking Fund (the "Debt Service Account") created on the official records of the issuer by Resolution No. 82-55 adopted on October 25, 1982. The Debt Service Account shall continue to be held in the custody of the Clerk- Treasurer, deposited in one or more banks duly qualified as depositories of funds of the issuer, separate from all other bank accounts, and invested and reinvested in ac- cordance with resolutions of the issuer ar, d Minnesota Statutes, Section 475.66, and shall be used only to pay principal and interest and expenses of payment when due on general obligations bonds of the issuer made payable therefrom, including the present issue of bonds which refund the Refunded Bonds, until all such principal and interest and expenses have been fully paid; provided that if any payment falls due when the balance in the fund is insufficient to pay it, the deficiency shall be paid out of any other funds of the issuer available for that purpose, and advances so made may be repaic from the Debt Service Account when sufficient balance is available therein. 5.02 Appropriations. The fo]lo~.Jing sums are hereby appropriated and shall be credited as received to the Debt Service Account: (a) From the proceeds of the bonds (i) the accrued interest paid by the Purchaser n the date of issue to the date of delilvery thereof; and (ii) the amount of bid Ithe bonds in excess of S2,423,100.00 plus accrued interest. (b) All income and gain from investment o:: the Debt Service Account loss from such investment shall be charged). (to which all (c) Special assessments levied for the local improvements financed with proceeds of the Refunded Bonds and collected by the City. (d) Any sums collected from taxes extended and assessed in connection with the Refunded Bonds. 5.03 The full faith and credit and taxing powers of the issuer are irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds and such other general obligation indebtedness as may be made payable from the Debt Service Account, as such principal and interest respectively become due. 5.04 It is estimated that the revenues pledged for the payment of the bonds and taxes levied in connection with the Refunded Bonds will produce sums in an amount not less than 5~ in excess of the amounts needed to meet when due payments of prin- cipal of and interest on the bonds, and accordingly no tax is levied by this Res- olution for that purpose. 5.05 The Clerk-Treasurer of the issuer 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 in the principal and interest payments to become due on bonds payable from the Debt Service Account Section 6. ~iscellaneous 6.01 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 Regular Council Meeting September 16 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 fore- going findings and covenants, the issuer hereby certifies that it is not expected that the proceeds of the bonds wilt be used in such manner as to cause the bonds to be arbitrage bonds under Section ]03(c) a~ad regulations thereunder. The Mayor and City Manager shall furnish an arbitrage certificate to the purchaser embracing or based on the foregoing certification at tlae 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 lO3(b) of the Internal Revenue Code or consumer loan bonds under Section lO3(o) of the Internal Revenue Code. 6.02 The City Manager is hereby authorized and directed to certify copies of this resolution and to cause the same to be filed in the office of the county auditor of Anoka County together with such other information as the county auditor did re- quire, and to obtain from the county a certificate that the bonds have been entered upon his or her bond register. 6.03 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 I,ceedings and records of the issuer relating to the power and authority of the .uer to issue the bonds within their knowledge or as shown by the books and records in their custody and cor, troi, and such certified copies and certificates shall be deemed representations of the issuer as to the facts stated therein. Adopted this 9th day of September, 1985. Offered by: Seconded by: Roll cal : Carlson Peterson A]] aye~ Bruce G. Nawrockl, Mayor Robert S Bocv~inski, City Manager Escrow Agreement Motion by Hoviand, second by Petkoff to authorize the Mayor and City Manager to execute an escrow agreement with Marquet~:e Bank Minneapolis as escrow agent for S2,460,O00 of General Obligation Refunding Bonds of 1985, Series B, City of Col- umbia Heights, Minnesota. Roll call: All ayes c. Resolution No. 85-44 Subdivision Request Motion by Petkoff, second by Peterson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85-44 SUBDIVISION REQUEST Fee: SlO.O0 Date Paid: 8-15-85 Receipt No.: 12867 CITY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E. Regular Council Meeting September 9, page 17 I, Katherine M. Benson hereby request a split of PIN 36 30 24 23 OO6]. Legally des- cribed as: The East ~ of Lot 37, Block 3, Reservoir Hil]s; Except the South 5 feet; Subject to easement to the City of Columbia Heights over the North 30 feet, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The East 55 feet of the North 165 feet of Lot 37, Block 3, Reservoir Hill, Anoka County, Minnesota. Subject to easement to the City of Columbia Heights over the North 30 feet. 2. The East 55 feet of Lot 37, Block 3, Reservoir Hills, Anoka County, Minnesota, except the North ]6~ feet thereof and also except the South 5 feet. 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 approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor :bin one (1) year of the date of the Council action. ANNING & ZONING DEPARTMENT ACTION: APPROVED Katherine M. Benson Signature of the Owner, Notarized This 3rd day of September, 1985. Offered by: Nixon Seconded by: Heintz Roll call: All ayes 1015 42nd Avenue N.E., Col. Hts. Owner's Address Telephone No. 738-1051 LeRoy Goranson Zoning Off cer Subscribed and sworn to before me this 15th day of August, 1985 CITY COUNC L ACTION: APPROVED Karen Meuleners Notary Public This 9th day of September, 1985 Offered by: Petkoff Seconded by: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Anne Student, Council Secretary Regular Council Meeting September 9, 1985 page 18 lution No. 85-45 Subdivision Request The owner of this property which is located on Hart Lake adjacent to 1747 37th Avenue is requesting it be split with the west twenty feet of the property to be combined with the lot at 1747 37th Avenue and the remainder to be given to the City to be combined with the City property to the east. Notion by Carlson, second by Peterson to ~;aive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85-45 SUBDIVISIC)N REQUEST Fee: WAIVED Date Paid CITY OF COLUMBIA HEIGHTS Receipt No. 590 40th AVENUE N.E. I. Gerald Neumann and Ann Neumann hereby request a split of PIN 36 30 24 43 0027 legally described as: The East t50 ' of Lot 2. Block 6, Auditor's Subdivision of Walton's Sunny Acres Third Addition, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The West 20' of the East 150' of Lot 2. Block 6, Auditor's Subdivision of Walton's Sunny Acres Third Addition, Anoka County, Minnesota. The East 150' of Lot 2 EXCEPT the West 20 feet of Lot 2, Block 6, Auditor's Sub- sion of Walton's Sunny Acres Third Addition, 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 S - 0 - be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: APPROVED Gerald Neumann & Ann Neumann Signature of Owners, Notarized This 3rd day of September, 1985. Offered by: Heintz Seconded by: Nixon Roll call: All ~yes 1337 Virginia St. Anchorage, Alaska Owners' Address Telephone No.[907) 277-1926 CITY COUNCIL ACTION: APPROVED Subscribed and sworn to before me this 19th day of June, 1985. This 9th day of September, 1985 Offered by: Carlson Seconded by: Peterson Roll call: All ayes Notary Public Regular Council Meeting Septembpr 9, 1985 page 19 Acceptance of Property as Defined in Part ~2 of Resolution No. 85-45 Motion by Carlson, second by Peterson to accept the donation of the property described in part ~2 of Resolution No. 85-45. Roll (:all: All ayes e. Resolution No. 85-46 Setting Annual Library User Fees Motion by Carlson, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85-4~ BEING A RESOLUTION SETTING LIBRARY ANNUAL USER FEES BE IT RESOLVED that no library user fees will be charged for residents of the MELSA area and user fees of S30.00 per year wit1 be charged for non-residents of the MELSA area. Offered by: Carlson Seconded b'/: Peterson Roll call: All ayes Passed this 9th day of September, 1985. Bruce G. Nawrocki, Mayor Student, Council Secretary f. Resolution No. 85-47 Authorizing Issuance of Duplicate Bonds Bonds numbered 1268 and 1269 issued to Cathrina Postema have been lost and duplicate bonds must be issued. This resolution authorizes the issuance of duplicate bonds and requires a surety bond to protect the City if the original bonds are redeemed. RESOLUTION NO. 85-47 RESOLUTION AUTHORIZING THE ISSUANCE OF DUPLICATE BONDS NUMBERED 1268 and 1269 OF THE CITY'S $8,175,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1980 WHEREAS: A. The City Council of the City of Columbia Heights by a resolution adopted August 11, 1980, did authorize the issuance of S8,175,000 General Obligation Tax Increment Bonds in accordance with the Notice of Bonds Sale at a price of $8,060,068.88. B. Said bonds are delivered to the purchasers thereof on September l, 1980; C. Certain said bonds are sold by the original purchasers thereof to one Ms. Cathrina Postema, said bonds being numbered 1268 and 1269 each in the denomination of $5,000 each bearing interest at the rate of eight and one half percent (8.5%) per annum and each maturing on March 1, 1999; Prior to the issuance of duplicate bonds Ms. Cathrina Postema will give the City umbia Heights in the principal amoant of $5],~50, said amount beinq double the amount of the lost obligations and being conditioned to save the City of Columbia Heights harmless as the results of its issuance of additional obligations; E. Minnesota Statutes, Section 475.69 and 475.70 provide as follows: Regular Council Meeting Septem:.er 9, 1985 page 20 475.69 DEFACED BONDS; DUPLICATES. When a~y obligation of a municipality becomes unfit for circulation, it may be surrendered and cancelled. Upon the authorization of the governing body, a duplicate of the obligation except as to signatures and a duplicate of any unpaid coupons, may be issued to the owners. These duplicates shall be marked "DUPLICATE" and the date of issue shown thereon. Such marking shall be signed by the treasurer than in office. 475.70 LOST INSTRUMENTS; INDEMNITY. If the owner of any obligation which is destroyed or lost, first gives a satisfactory surety bond to the municipality, in a sum double the amount of such obligation, conditionee to save it harmless in the premises, the governing body thereof may auth- orize the issuance of another to the owner in its place, corresponding with the missing obligation as to number, date, amount, and unpaid coupons. Such obligation shall be signed by the proper officials who are then in office, and shall be marked and dated as provide~ in section 475.69. 'The treasurer shall keep a record of all reissues and duplicates showing the date of issue and the persons to whom issued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follo~,~s: 1. The City of Columbia Heights shall forthwith issued deliver to said Ms. Cathrina tema obligations in the place of bonds numbered 1268 and 1269, corresponding with td lost obligations as to number, date, principal amount and unpaid interest coupons. Said obligations shall be signed on behalf of the City by the manual sig- nature of City Hanager and the Mayor, the corporate seal of the City being omitted as permitted by la~..~. The interest coupons for said bonds shall be signed by the Mayor and the City Manager. Each of said bonds and each coupon thereon shall be marked "DUPLICATE" and shall show the date of issue. Such marking shall be signed by the Clerk- Treasurer of the City. 2. The Clerk-Treasurer is hereby directec' to record said duplicate bond, showing the date of issue and the persor~ to whom issued. 3. The costs of printing said duplicate bond and legal expenses shall be paid by said Ms. Cathrina Postema. Pessed this 9th day of September, 1985. Offered by: Hovland Seconded by: Petkoff Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary g. Resolution No. 85-48 Senior Citizen IJtility Rates Motion by Petkoff, second by Hovland to waive the reading of the resolution there being le copies available to the public. Roll call: All ayes RESOLUTION N0, 85-48 ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES ReguIar Council Meeting September page 21 EAS, the City Council has previously established eligibility standards for senior citizens for refuse service, disposal, anc water supp]yl and, WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possiblel NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $9,OO0 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective October 1, ]985. Passed this ~th daV of September, 1985. Offered by: Petkoff Seconded by: Hovland Roll call: All aves Bruce G. Nawrocki, Mayor Jo-Anne Stuaer, t, Council Secretary 6. Communications anning and Zoning Commission 1. Conditional Use Permit and Site Plan, 5101 University Avenue A car cleaning service business is being proposed at the vacant building at 510] Univer- sity Avenue. A service station was formerly operated at this location. The Building Inspector reviewed the proposal as presented to the Planning and Zoning Commission. The City Manager expressed concern that all the requirements of the site plan may not be met before winter and in order for an occupancy permit to be issued a letter of credit or an escrow agreement should be considered. Discussion followed regarding Mayor Nawrocki's concern for maintenance of the site. Motion by Carlson, second by Petkoff to a!~prove the conditional use permit for a car cleaning service at 5]01 with the following conditions: 1. No auto repair is to be done on the site. 2. No automatic car washing equipment is to be installed. 3. All items in the site plan be maintained in a condition of good repair. 4. That the following site plan requirements be met: a. Screening fence be repaired. b. Canopy on west side of the building be removed. c. Dumpster be enclosed and located by the northeast corner of the building. d. Westerly driveway on 5lst be closed. e. Southerly driveway on University be closed and replaced with full height City-specified curbing. f. Remaining two driveways be reduced to the City maximum size of 22' in width. g. Curbing be installed around green areas (grass). h. Parking lot be repaired and parking spaced striped, and, i. All items to be completed prior to occupancy. Roll call: All ayes Regular Council Meeting September 9. 1985 page 22 2. Conditional Use Permit, Site Plan & Variance VFW Post #230 There was a lengthy discussion held regarding the addition the VFW Post is proposing to their present building at 4446 Central Avenue. Representatives of the Post advised the Council as to the specifics of their plans and staff reviewed some of the recom- mendations of the Pianning and Zoning Commission and of the Inspections and £ngine~ ering Department. Motion by Hovland, second by Petkoff to grant the expansion of the conditional use permit for VFW Post ~230 facility at 4446 Central Avenue to allow for the approximate 30 by 37 foot addition to the westend of 'Lhe existing building to provide space for restrooms, a kitchen, walk-in cooler and !storage area, inc]uding a rear setback variance to allow for three feet setback between the west end of the building and the alley property line, a side yard variance to allow for a two foot side yard variance between the new aedition and the south property line, that signage be provided to direct existing traffic in the alley to proceed northbound, that roof drainage be directed to the alley and/or parking lot, that an ,automatic sprink]er system be installed, and that the westerly-most parking space be reserved for the dumpster. Roll call: A]] ayes 3. Conditional Use Permit, Site Plan Revisions Auto Max, 4501 Central Avenue Discussion was held regardino the changes requested by the owner of Auto Max concerning the site pla~. The City Manager recommended the letter of credit with Auto Max be amended to reflect these changes. The City Manager observed that the owner of Auto Max has not as yet requested an amended letter of credit therefore the amount of the credit could not be decreased. Councilmember Peterson stated he felt that the owner did not understand that these requests must be made and that the letter of credit ltying ,up a large amount of money for a number of small items yet to be completed. ,or Na~-.rocki felt the Council needed more information from the owner before the letter of credit amount should be reduced. The City Manager recommended that this item be tabled for two weeks so that the owner of Auto Max can supply the Council with additional information regarding future work to be done at the site, the time- frames for completion, etc.. b. Traffic Commissioo 1. Establish Width of Johnson Street, 37th to 39th Avenues The Traffic Commission is recommending that Johnson Street be designated as a state aid roadway. The Commission's recommendation also included proposed widths for dohn- son Street as well as designated areas for no vehicular parking. Motion by Petkoff, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85-49 RELATING TO PARKING RESTRICTIONS ON S.A.P. 113-119-O1 IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THIS RESOLUTION, passed this 9th day of September, 1985, by the City of Columbia Heights in Anoka County, Minnesota. The municipal corporation shall hereinafter be called the "City". FNESSETH: WHEREAS, the "City" has planned the improvement of M.S.A.S. 119, and WHEREAS, the "City" w]ll be expending Municipal State Aid Funds on the improvement of this street, and Regular Council Meeting September 9, )985 page 23 WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parkin9 restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City~' has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" shall restrict motor vehicles to "NO PARKING AT ANYTIME" on the west side of M.S.A.S. 119 from 3?th Avenue N.E. to 40th Avenue N.E. and the "City" shall restrict motor vehicles to "NO PARKING AT ANYTIME" on the east side of M.S.A.S. 119 from a point 487' north of 39th Avenue, station 14+50, to 4Otb Avenue N.E. Dated this 9th day of September, 1985. Offered by: Petkoff Seconded by: Carlson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor ST: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 9th day of September. William J. Eirite Finance Director-City Clerk/Treasurer Motion by Peterson, second by Carlson to authorize the City Manager to initiate the process of right-of-way easement acquisition as needed for the proposed reconstruction of Johnson Street. Roll call: All ayes Motion by Peterson, second by Hovland to authorize the Mayor and City Manager to enter into an agreement wi£h Malcolm Watson to appraise property as needed in the right-of- way on Johnson Street. Roll call: All ayes Motion by Carlson, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with a registered land surveyor for the work as needed on the John- son Street project. Ro11 call: All ayes c. Award of Bid - Ford Bronco Motion by Petkoff, second by Hovland to award the sale of the City-owned Ford Bronco to John Kruse in the amount of $257.50 based on competitive bid. Roll call: All ayes Greater Anoka County Humane Society - Request for Funding Executive Director of the Humane Society gave a presentation regarding the proposed animal shelter facility to be located in Anoka County. The Humane Society is requesting a 50¢ per capita grant from the City to assist in the development costs of the new facility. Land for the facility has been donated and operating costs are expected to be funded from memberships, donations and sate of animals. on by Petkoff, second by Hovland to indicate a willingness of the City of Columbia his to further consider participating in the facility program of the Anoka County Humane Society up to 50C per capita as allowed with further review of the program in regards to what other communities in the County may choose to do and with follow up on a control program. Roll call: All ayes e. Proposal to Purchase City-Owned Land The City Manager had received a proposal to purchase a parcel of land located by Sullivan Lake. The Mayor and all of the councilmembers indicated an unwillingness to sell th s parcel and directed the City Manager to notify the person making the request of this position. f. Six Cit es Water Management Organization - 1986 Budget The City's Public Works Director, who is the Treasurer of the Six Cities Water Mana- gement Organization, advised the Council of the details of the 1986 budget and the amount as proposed for the City of Columbia Heights. The City's portion would be approximately S7~300 which is based on the assessed valuation. Motion by Hovland, second by Peterson to approve the Six Cities Water Management Organization's 1986 budget in the proposed amount of S32,O00. Roll call: All ayes g. North Suburban Ma/ors' Ad Hoc Committee The Council receivea copies of a letter and a resolution regarding the impact of the proposed mega-mall and tax concessions for this project on north suburban communities and their potential developments. Handicapped Access Requirements - Revenue Sharing City Manager advised the Council of the need to address the handicapped access requirements for revenue sharing funds. He noted that these requirements had been considered last year and staff had submitted proposals for meeting these require- ments to the Council. The Council had determined that the costs were extremely high and requested that the proposals be reconsidered. It was decided this item should be discussed at a work session. 7. Old and Nev~ Business a. New Business 1. Request for Five-Day Sign Permit Motion by Petkoff, second by Hovland to authorize Hardee's Restaurant of 5280 Central Avenue to display two roof banners and one cold air balloon, and to operate one search- light in conjunction with advertisment of their grand opening; and, furthermore, that such display be limited to September 18-22, 1985. Roll call: All ayes 2. Development of Sullivan Lake Site F.M.C. The HRA Community Development Specialist distributed copies of the material he had received from F.M.C. regarding their search for an appropriate site for their research and development facility. He reviewed with the Council the proposal he had developed for F.M.S.'s consideration in regards to property located at Sullivan Lake. Mayor Nawrocki observed this facility would be a very desirable development for the City of Columbia Heights as it would be aesthetically pleasing as well as afford many job opportunities. ion by Petkoff, second by Carlson to authorize the submission of the proposal to C. of the Sullivan Lake site for their consideration. Roll call: All ayes 2. Eutrophication of LaBelle Pond The City Engineer prepared a study for the Council addressing the alternative methods Regular Council Neet September 9. 1~.~ page 25 ng cleaning up LaBe le Pond. A lengthy discussion followed concerning these suggestions. Motion bT Per,off, second by Hovland to authorize the City Manager to seek proposals from consultants regarding a feasibility study for controlling eutrophication of LaBel]e Pond. Roi] call: Ali ayes 3. Lease Agreement First Lutheran Church - Pre-School Program Rental Space Construction proposed for Murzyn Hall necessitates moving the Pre-School Program to another site. The Recreation Director, after a lengthy search, has found available space at the First Lutheran Church. Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to execute a lease agreement between the City and First Lutheran Church of Columbia Heights for rental of a gymnasium room at a rental rate of $350 per month effective September ]985, with the funding to come fro~ the Recreation Budget Fund Balance. It was noted this agreement v;ilt be in effect for approximately eight months. Roll call: All ayes 4. Final Payment Kraus-Anderson for Counter Tops at Top Valu Liquor Motion by Petkoff, second by Peterson to authorize final payment to Kraus-Anderson in the amount of S/,140 for completion of the contract on store fixtures and equipment. Roll call: All aves Mayor Nawrocki inquired as to when the Top Valu Liquor Store sign will be added to the freestending sign east of the Central Value Mall parking lot. The City Manager advised him that Kraus-Anderson has notifi;ed Signcrafters to commence work on this item as soon as possible. ~uest to Seek Bids for 3/4 Ton Pickup Truck with Utility Box Mayor Nawrocki requested a complete list of the vehicles used and owned by the City. Motion by Petkoff, second by Carlson to table this item. Roll ca]l: All ayes 6. Purchase of Used Bus from M.T.C. Motion by Carlson, second by Peterson to authorize the purchase of a used 1963 GMC bus from the Metropolitan Transit Commission at a cost not to exceed S900 and furthermore, that the expense be charged to the General Fund Contingency Account. Roll call: All ayes Mayor Nawrocki requested a list of the activities this bus has been used for and by whom. He also requested that this approval not be activated until he has checked with the M.T.C. regarding a mechanical problem. 7. Acquisition of Tax-Forfeit Parcels Motion by Petkoff, second by Hovland to authorize the City Manager to proceed with the necessary paperwork to acquire the following tax-forfeit parcels from Anoka County for unrestric[ive use at the following cost per parcel: Pin Number 35-30-24-12-0107 36-30-24-21-0039 26-30-24-12-0004 35-30-24-33-0076 Public Purpose Purchase Price Tree Nursery $2,366.84 Tree Nursery $ 56.44 Public Street $ 40.99 Tree Planting Area S 52.53 furthermore, this expense will be charged to the General Fund Contingency Account. 1 call: All ayes Regular Council Meetin. September 9, 1955 page 26 ports a. Report of the City Manager The City Manager's report was distributed to the Council in written form and the fol- lowing items were discussed: 1. Appointments to Public Works Maintenance I Classification: Dave Landberg and Steve Coy]e were appointed to the c]assificatior, of Public Works Maintenance I Worker ef- fective September ]6, ]98~ at an hourly rate of $8.14. 2. Proposed parking lot construction at Mathaire Park: The Public Works Director pre- pared a cost estimate for construction of a parking lot at Mathaire Park with approximate costs of S12,~25. 3. Review of Request For Proposals - Data Processing Systems: Staff members have been visiting various vendors who have submitted RFP's for a date processing system. The City Manager advised the Council that the Finance Director will be preparing a recom- mendation for Council consioeration at its September 23rd meeting. Mayor Nawrocki stated that the Council will be expecting a report not just a recommendation. 4. 19~5 Labor Contracts for Police and Fire Department Employees: The City Manager advised the Council that it appears that the mediator will be certifying parties to be at impasse and the issues will be submitted to an arbitrator. Licenses ion by Carlson, second by Paterson to approve the licenses as listed upon payment of proper fees and that the fee for the Itinerant Food License for the Columbia Heights Boosters be waived on the basis of being a community organization. Roll call: All ayes 10. Payment of Bills Motion by Carlson, second by Hovland to pay the bills as listed out of proper funds. Roll call: All ayes The City Council received copies of the s,Jmmary of the July financial statement of the general revenue fund. , meeti at Motion by Peterson second by Carlson to adjourn the all: All ayes Bru-~ce -- , Nawrocki Mayor J~//~nne Student, Council Secretary