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HomeMy WebLinkAboutSeptember 8, 1953Passed.August 27,19%3 Secretar~y of City Counc~  ayor -- - Thee motion for the adoption of the foregoing resol~ution was duly seconded by Co~u~ci!man Deeb!e, and on vote being taken thereon the fol!owLng Toted YEA: Holm, Hosch, Deebte, Enutson and Stopka and the following voted NAY: None vhereupo~ said resolution was declared duly passed and adopted, and was signed and attested by the Mayor and Secretary. ~otion by Mnutson seconded by Hosch to adjourn at 8:3~ P.~. Secretary to the Council Roll Call - All Ayes. OFFICZAL PROCEEDINGS Regular Meeting September 8, 19~3 ~eeting called to order at 8 P.I~. All members present. ~in~tes of the last regular, recessed and special meetings were read ~nd approved with the exception of the following letter written to ~ayor Stopka from DDrsey, Colman,Barker, Scott & Barber, wRich Mayor Stopka asked to have inserted in the Council minutes: Dearer. Stopka: Yesterday you visited in our office and asked us to comment on a news item appearing in the Columbia Heights Record on August 20, regard- in~ the water tower, and also on an editorial in the s~ne paper in the August 13 issue ~e are not in a position to comment on all of the points raised in these articles; hoover, it does appear that the writer or ~riters of these articles were laboring unde~ a misapprehension as to the financing plan ~ich was involved in the issuance of ~60,O00 ~kter Utility Improvement Bonds dated July l, 1952~ for the purpose of erecting and installing a water tower and tank, ~hich ~ believe is known as the Hilltop ~ter Tov~r. ]Ve note that the Au~ust 20 story states that you as the Mayor advocate discard±~ng the financing plan for the tower and water llne and then refinancing the $$?,O53 cost through general property taxes. In the August 13 editorial it is represented that in order for the water tower to bspaid for out of the generel tax levy, special assessments amounting t~ ~20,1~5 and water bill s~charges amounting to $32,287.63 will have to be reikunded to those who paid such assessments and surcharges~ and pr_esumably an additional ggo,ooo bond issue will be re~aired to p~y for the improvement. ]~ are the attorneys who were employed by the City last year for the purpose &f working vA th the City'Attorney on the proceedings for the issuance of these bonds, and approving the same when issued. ~ therefore have available in our files a transcript of the legal proceedings for the issuance of these bonds, and upon this transcript we based our approving legal opinion. From an examination of these proceedings it seems to us that the articles in question are in error in stating or implying that if the water tower is to be paid for out of general property taxes this will constitute an abandonment of the original financing plan, and will require the issuance of additional bonds. The fact is that the $60,000 Water Utility Improvement Bonds are general obligations of the City of Columbia Heights, and are completely payable from ad valorem taxes levied and to be coll- ected in years ~ud amounts such as to pay all of the principal a~d interest as the same beco~s due. The City, in a resolution adopted on July 22, 19~2, levied taxes for payment of the bonds in specific years and amounts, and according to a cert~ficate executed by t~e Anoka County Auditor on August 2, 19~2, a certified copy of this resolution was filed in his office on that date. The County Auditor is compelled by law to add the taxes so levied each year to the City' s tax rolls until the bonds have been retired, except that if the City ~anager, on or before October l~ of any year, certifies to the County Auditor that moneys have been paid into the si~ng fund account for the bonds, other that the proceeds of the bond tax levy, thereupon the County Auditor must de- duct the amount of mone~m so credited from the bond tax levy to be collected in the next year. Thus it is possible for the Council each year to c~ucel the general property taxes heretofore levied for payment of the bonds, and in effect pay the bonds out of special assessments o~ water surcharges, or both. We do not know how much money from these eources has heretofore been received ~nd appropriated to the sinking fund for the bonds~ for the p~pose of reducing taxes, or h~s been paid directly %o the contractors to supplemeut - the bond proceeds in paying for the work. If any such mouey were to be refunded, this would of course have to be done out of other City Funds, as all money heretofore placed in the sinking fund is irrevocably appropriated to the bonds. As to the possibility of further borrowing for the purpose of such refunds, while v~ would ex?tess no conclusive opinion, we would doubt the power of the City to issue ~bouds for this Durpose, except to the extent of the differ- ence between the amount of the previous bond issue and~ the total cost of the project. However, apart from the question of refunds, no further financing will be required if the City wishes to provide for the remaining prinbipal and interest on the bonds entirely oust of general taxes, since they are general tax bonds for w~ich a tax ha~ already been levied sufficient to pay them in f~l. Thus the Council may, if it wishes, reduce or entirely abandon the ~ter ~urch~rge, and keep the bond tax levies already ~ade in effect, or it may continue such water surcharges for the purpose of b~dlding up a water fund for other water improvement purposes, or it may continue the water surcharges and annually credit ~mounts therefrom to the ~ond sLuking fund account, and to the extent of such credits, cancel the exizting bond tax levies. Which Of these courses is to be following is, of course, a matter of policy to be de' cided by the Council It is apparent from r~ading the newspaper stories to v~ich reference is made above and from our conversation yesterday, ~hat a controversy now exists in Columbia Heights as to who shall bear the burden of the cost of the v~ter tower and water lines. We trust that this letter ~ill not be interpreted as an attempt on our part to enter into such controversy. 'O~r only reason for thus communicating with you is our obligation as the bond attorneys who approved the bonds to exolain ti ~ ity officials ~hat the leg&l rights and liabilities of the City are ~th regard to such bond~, to the extent disclosed by the bond transcript." ~otion by Holm seconded by Deeble, that we suspend reading of the minutes of~ the Bond Issue in the Special meeting of August 2?th. Roll Call - All Ayes. ~otion by Hob seconded by En~tson, that the following bills be paid out of their proper funds: Roll Call - All Ayes. Bi ~LLS : 8aiarie s Virgil E. Berg Robert D. Hunczak Russell J. Mason Dennis ~oach Carol DoGies ~eten Eckstrom Adler Steel Products Co. American Linen Supply Co; Automot±ve Supply Co. LH. Bennett Carl E. Bennett Val Bjorson,St&te Treas Borche~ ingersoll Inc. Burmah P!bg. Co. Coast to Coast Stor Leonard Cochr~ 15o00 41.o 30.7'$ i 3O. Oi 32.03 230;00 11.49 4.23 · 9.91 9 63.9! 12.07 62.O0 7.!0 21 o.oo Col,Hgt~.Firements Relief ].054, 32 Col,Heights Record 104,80 Col.Heights Water & Se~er 142.50 Jay W. Craig Co. 107.50 Demuetes Bros.l¥ire & Iron '35.70 ?.onroe Dragsten 44.8,~ Elv!n ~.~rst Aid supply 18,96 Fairbanks l:ors$ Co, 3.00 Firestone Store 344.5.6 Ford ~¢Nutt Glass Co. 26,~0 ~{~, r!e Glader 45 · O0 GoodJn C ompar~v 269.25 Gopher Equipment & Supply 11,90 Gopher Gaskets 14,38 Hal!ing Bros.~otor Supply 32,99 Fred Hegy Automotive Sup. 32,77 Johnson Auto Supply Co, 1.55 V.E. Lahr Co. !7.00 Lang Hardware Co. 37,60 Leef Cros. ~c. 1.05 Metropolitam Land S~rvey$rs 1.CO Miller Davis Co. 10.30 dladys E. _~.~i~_ler,~pls.Treas.184.20 ~.& P. Tool ~fg.Co. B9.50 The ~inar Co, 83.47 ~i.~nesota Toro Inc. 28,50 ,%[onarch Cleaning Ch~emical 10.95 Jobm Nordin 2.70 Northern Sanita~~ Supl.Co. 10.55 Northern States Pov.~r Co. II!3.04 N~orthern Star Motor Parts ~-~. S. Nott Co. ~Vm. A. Ostmo~ Ovs~ak Printd~g Co. Griggs Cooper & Co. ~,,~atch Corp of America Ed. Phillips~ ~, Sons Co. 14,89 44,68 8.02 34. o 810.72 h3.84 180.81 PatseyMotors $ AlBert W. Pa~son Pek's Inc. Petro!e~m Service Pratt,s Express Co. R~gister of Deeds Rm~hard Oil Co. ~.A. Rogers Co. Donald F. Rossin Co. Victor Saf Paz~ ~ Schmitt Music Co. Service Equipment Co. St.Paul Stamp Works Taft Marine ~ffoodcraft Waterous Co. WilliaJs Hardware Co. American Linen Supply Co. Brunswick Balke Collende~ Coast to Coast Store E.B. Crabtree Col.Hgts Floor Covering Columbia Transit Co. FarnhamStationery~Co. Heights Cleaners & Dyers Inc. Lo~,~ & Campbell John P. ~urzyn Nesbitt Bottling Co. Albert ~. Ovshak Pek~s Inc. American ~inen Supply Co. AutomaticaRefrig. Inc. Carbonic ~achines Inc Chaska Beverage Co. Coca Cola Btlg.Co. DiStillers Dist. Co. J.C. Doherty Co. O.N. Droney ~Ebin~Bros. Co. Famous Brands Ganzer Distr.Co. 'Marc Dist. Coo ~uether Distr. Co. John Leslie Paper Co. McKesson & RobbinS ~id ¥~est WineCoo~ ~inneapolis Brewing Co. ~onarch Cleaning Chem. Old Peoria Co.,Inc. Petty Cash Pilgrim Bottling Co. Shelly Distr.Co. H.G. Sipe Swiss Wine House~ Gold Yedal Bev. Co. 3 .52 10~.00 1 o.84 1,7~ 1,2~ 42Ol. lO4. o %.25 21.00 67.00 6.20 102.99 8.40 3o8. 5 75.22 2,88 523-39 16.02 8.86 Z6 .O0 Z68.00 2,~2 6.50 %0.00 8.64 7. o Z?.68 ~6. oo 56. oo 39. 5 93.6o %,028.~0 8oo, z 3.2 22,93 87.30 ~.2~ o8. 8 2z5.35 692.6~ 6.b5 22.20 TOTAL $37,~J.32 ~.~otion by Deeble seconded by Hosch, that the bid of F.H. ~j~ousseau for $534.00 to paint the Fire Station be accepted. Roll Call - All Ayes. Motion by Deeble seconded by Knutson, that the bids fo~ painting the Police Station be rejected. Roll Call - All Ayes. Only one bid was received for the installation of sew~ on Tyler Street from 42½ to 43rd Avenue and that w~s from Jack E. Welch for $1,369~00. ~otion by Holm seconded by Deeble, that this bid be accepted. ' Roll Call - all Ayes. A 18tter was received from the Fire Chief regarding fi~e protection at 43rd and Main. Motion by De~ble seconded by Holm, that the Fire Department be authorized to give fir~ orotection ~to the Industrial Spray Paint Co. as ~r the agreement. Roil'Call - All ~Aye s. ~ SecSnd reading of Ordinan2e No.314, Being au Ordinance 'vacating the alley'in Block 7 RosIyn Park, Col~mbia Heights, Minnesota. Ordinance No~314 offered by Deeble seconded by Hosch. Roll Call - All Ayes~ Res61ution offered by Holm seconded by Knutson, The Ciby Council of the City of ~ Coldmbia Heights hereby resolves that, WP~2~AS, Special Assessments for Lot 12 and So.½ of Lot ll Block 19 Columbia Heighta Annex on Jobs~No.200 and 232~_~m the amount of $122.16 and $27.60 have been paid in full; BE IT THEREFO_EE qtESOLVED that the County Auditor be and he is hereby authorized and dir~cted~to strike from the assessment rolls the afore2aid assessnents. Roll Call - All *Aye s. ~ Motion by Hosch s~conded by Knutson, that the Plumbing'License of Frank Loudon, 1730 Ne%ton Ave. No., be rejected. Roll Call - Hosch~ Deeble, Knutson, Stopka - YesJ _Holm not voting ; ~otton by Knutsofi seconded by Deeble, that the Plumbin~ license for the Statewide Plb~. & Heating Co., 2200West 66th St., Richfield, be'laid on the table' and a rep6rt brought bacR to the next meeting. Roll Call - Hosch~ Deeble, Knutson, Sto~ka - Yes. Hol~ not voting. Motion by Deeble secoflded by Hosch, that the Electrical License for Commercial Ele6tric Company, 367 Jackson St.~ St. Paul, Minn. be g~anted. Roll Call ~ All Ayes. Motion by Ho]~ seconded by Knutson, that the On and OFf-Sale Beer License of Staflley Anderson, 3911 UhiversityAve. N.E. be cancelled.~ Roll Call - All Ayes. Motion by Knutson sedonded by Holm, that the On and Off-Sale Beer License be grsAted to Wilbu~ H. Blair and Nola M. ~lair, 3911 University Ave.~ N.E. Roll Call - All Aye s. ~ ~ot~on by HoscH seconded by Knutson, that ~he letter received 'from the V~lage of FriSley dated SSptember 8th and the letter from FrahkFudali representing Cus~ck & carlson, Realators~ datSd September 3rd, be placed on~ile. Roll Call - All Ayes. Motlon by Deeble seconded by Holm, that a special meeting be set for Thursday, Sep%ember 17th at 7:30 PLN., with the Village of Frid!ey and Cusack & Carlson,Inc. Roll Call -AllAyes. Not{on by Deeble se6onded by Knutson, that the letter received from Otto Dunemann - dated September 4th, be laid on the table. Roll Call - All Ayes. )~.otion by Deeble seconded by Holm, that-the letter received from Lametti & Lametti dated November th,1951, be laid on the table. Motion by Deeble seconded by Holm, All Ayes. Se6retary to the coUncil Roll Call - All Ayes. that '~e adjourn at 9:35 P.M. Roll Call - Special Eeeting ~ September 17, 1953 Eeeti~g called to order at 7.'35 P.N. Roll Call ~ Holm, Hosch~ Knutson and Stopk~. present. ~Deeble absent. The p~trpose o£ this ~eting is to discuss sewer and ~water facilities in Fri~ley. Er. C~s~ck and Mr~ Carlson were present and stated that ~hey ~!d l~ke to start .b~hld~ several homes this fall. Mr. Dqnaldson o~ the Donaldson Co. was also present ~snd stated they would like to start building very shortly, but this is tentative upon getting sewer. ResolUtion offered by Holm seconded by Hosch, BE IT .HEREBY RESOLVED by the City Council of tJ~e City of CoDxm.~ia Heights, that the City ~Lanager and City Attorqey be authorized to negotiate an Agreement with the Village of Fridley for Sewer Service in Fridley. Roll Call - All Ayes. Motion by Hcs ch seconded by Knutson, authorizing the City Msa_~ger to obtain engineering service to determine the proportionate share Fridley Village should pay for Water service for the area west of University and south G~ Highway 100. Roll Call - All Ayes. N~t~.on by Knutson seconded by Hosch to adjourn at 95t0 P.M. Roll Call - Secretary to the council