HomeMy WebLinkAboutOctober 9, 2000OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 9, 2000
The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, October 9, 2000 in the
City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
1. CALL TO ORDER/ROLL CALL
Present: Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff,
Councilmember Hunter, and Mayor Peterson
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
None
4. CONSENT AGENDA
Motion by Wyckoff, second by Szurek
A. , to approve Consent Agenda items as follows:
1. Minutes for Approval
Motion to approve the minutes of the September 25, 2000, Regular Council Meeting
as presented.
2. Adopt Resolution No. 2000-69, being a Resolution for Certification of Delinquent
Assessments
Motion to waive the reading of Resolution No. 2000-69, there being ample copies
available to the public.
Motion to adopt Resolution No.2000-69, being a Resolution to certify delinquent
assessments to Anoka County for collection with the Property Taxes payable in 2001.
RESOLUTION NO. 2000 - 69
CERTIFICATION OF DELINQUENT ASSESSMENTS
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS,
that
THE COUNTY AUDITOR
be, and he is hereby directed, to levy the delinquent special assessments,
delinquent utility, and miscellaneous abatement and delinquent bills on the properties in the City of
Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 2000 totaling
$78,890.08.
BE IT FURTHER RESOLVED
that the foregoing amounts shall be included in the individual property tax
statements for the current year and identified thereon as "Special Assessments - Fund #83079.
SAID LEVIES
shall be enforced and collected in the manner provided for the enforcement and collection
of State and County taxes under and in accordance with the provisions of the general laws of the State. All
assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the
City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City
Charter and Ordinances.
City Council Minutes
October 9, 2000
Page 2 of 11
THE CITY OF COLUMBIA HEIGHTS
shall accept payments on these levies until October 4, 2000.
Upon receipt of said payments the City will remove them from the certification list sent to Anoka County.
Passed this 9th day of October 2000.
Offered by: Wyckoff
Seconded by: Szurek
Roll Call: All ayes _______________________
Mayor Gary L. Peterson
______________________________
Patricia Muscovitz, Deputy City Clerk
3) Approve Assignment and Assumption of Administration Function Agreement for
Single Family Mortgage Revenue Refunding Bonds
Motion to approve the Assignment and Assumption of Administration Function
Agreement between Miller and Schroeder Financial, Inc. and Firstar Bank, N.A. for
the Single Family Mortgage Loan Program issued by the City of Brooklyn Center,
City of Columbia Heights, City of Moorhead, and Robbinsdale Economic
Development Authority; and furthermore, to authorize the City Manager to enter into
an agreement for the same.
Fehst stated this is a conveyance to Firstar Bank for the administration of the single-family mortgage loan
program for these four joint cities.
4) Authorize payment of the 2001 League of Minnesota Cities Membership Dues
Motion to authorize payment to the League of Minnesota Cities for 2001 membership
dues in the amount of $10,288.
5) Authorize to proceed with 24” Gate Valve installation and Swing Check Valve
removal at Pump Station #3.
Motion to authorize GL Contracting to proceed with 24” gate valve installation and
swing check valve removal at Pump Station #3, for the estimated cost of $16,000 with
funds appropriated from 651-49430-5130.
Fehst stated area is below the water tower off of Stinson Boulevard.
6) Authorize Preparation of Final Plans and Specifications for Central Avenue
Streetscaping
Motion to authorize preparation of Final Plans and Specifications for Central Avenue
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Streetscaping from 37 to 43 Avenues as detailed in the attached proposal letter; and,
authorize the Mayor and City Manager to enter into a contract for final urban design
services to BRW at a cost not-to-exceed $27,000.
Fehst estimated a cost of between $2.5 and $3 million for street, water and sewer replacement along Central
Avenue.
7) Authorize preparation of Engineering Study for additional Storm Water Study Areas
Motion to authorize preparation of an Engineering Study for each site as detailed in
the attached proposal letters; and, authorize the Mayor and City Manager to enter into
City Council Minutes
October 9, 2000
Page 3 of 11
a contract for the same at a cost not-to-exceed $14,100. Funding would be provided
from the City’s Storm Water Utility Fund 604-49650-3050.
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Fehst stated the study areas would be along 40and McKinley Street and on Van Buren Street.
8) Authorize Final Payment for 2000 Street and Parking Lane Striping
Motion to accept the work for 2000 Street and Parking Lane Striping; and, to authorize
payment of $5,299.76 to AAA Striping Service Company, of Rogers, Minnesota
9) Authorize Final Payment for Seal Coating, City Project 0001(B)
Motion to accept the work for 2000 Seal Coating Program, City Project 0001(B); and,
authorize final payment of $3,903.60 to Allied Blacktop Company of Maple Grove,
Minnesota.
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10) Approve Conditional Use Permit, Case #2000-1026, at 2261 37 Ave NE
Motion to approve the Conditional Use Permit to allow the operation of a Christmas
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Tree Sales Lot at 2261 37 Avenue NE from November 15, 2000, through December
31, 2000, subject to the following conditions:
a. A $500 deposit shall be submitted to the License/Permit Clerk prior to display of
trees on the lot.
b. The required City licenses be obtained prior to tree displays
11) Approve License Applications
Motion to approve the items as listed on the business license agenda for October 9,
2000.
12) Payment of Bills
Motion to pay the bills as listed out of proper funds.
All ayes. Motion carried.
Upon vote:
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Proclamations – None.
B. Presentations
1. North Metro Mayor’s Association
a. Discussion and Overview of Legislative Issues for 2001
Identifying 2001 Activities of the North Metro Mayors Association
b.
Phil Cohen, representing the North Metro Mayors Association, spoke on issues to be discussed with
local legislators prior to the General Election. Issues he discussed included tax reform, further
reclassification of commercial and industrial property and the affect on TIF Districts, fiscal
disparities, levy limits, and Board of Reviews for local zoning issues.
C. Introduction of New Employees - None.
D. Recognition - None.
6. PUBLIC HEARINGS
A. Adopt Resolution No. 2000-70, being a Resolution Approving a Tax Rate Increase for the
Year 2001.
City Council Minutes
October 9, 2000
Page 4 of 11
Motion by Jolly, second by Szurek
, to waive the reading of Resolution 2000-70, as
All ayes. Motion carried.
adequate copies are available for the public. Upon vote:
Motion by Jolly, second by Szurek
, to adopt Resolution No. 2000-70 being a Resolution
Approving a Tax Rate Increase.
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Bill Elrite, Finance Director, stated that on September 11 the City Council adopted a proposed
levy. Anoka County has determined this may result in a tax rate increase and this additional step is
necessary in the levy process prior to the Truth in Taxation hearing in December.
All ayes. Motion carried.
Mayor Peterson closed the Public Hearing. Upon vote:
B. First reading to Adopt Ordinance #1421, being an Ordinance amending Ordinance
No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 3855
Main Street NE
Motion by Szurek, second by Wyckoff
, to waive the reading of Ordinance #1421, there
All ayes. Motion carried
being ample copies available to the public. .
Motion by Szurek, second Wyckoff
, to schedule Monday, October 23, 2000 at
approximately 7:00 p.m. for the second reading of Ordinance #1421, being an Ordinance
amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real
Estate located at 3855 Main Street NE.
Peterson opened the Public Hearing.
Joyce Shellito, 403 Summit Street questioned the purchase price and sale price. Ken Anderson,
Community Development Director, stated the home was purchased for $54,000 and $1,000 in
closing costs. The site was selected because it was on scattered site housing list, and is a non-
conforming structure. Property owners to the north and south have requested to purchase this lot.
Brian Roeller, 3849 Main Street, stated he wishes to purchase the property as the current house sits
only about one foot from his and his neighbor’s lot line.
All ayes. Motion Carried
Mayor Peterson closed the Public Hearing. Upon vote: .
C. Second reading to Adopt Ordinance #1420 being an Ordinance amending Ordinance No.
853, City Code of 1977, Authorization to Convey Certain Real Estate located at 4101 and
4103 Central Avenue NE and Approve Conflict of Interest Disclosure Statement
Motion by Jolly, second by Szurek
, to waive the reading of Ordinance #1420, there being
All ayes. Motion Carried.
ample copies available to the public. Upon vote:
Motion by Jolly, second by Szurek
, to approve Ordinance #1420, being an Ordinance
amending Ordinance No. 853, City Code of 1977, and Authorization to Convey Certain Real
Estate located at 4101 and 4103 Central Avenue NE, and authorizing the Mayor and City
Manager to enter into a purchase agreement for same.
Fehst stated this property holds the closed Norwest Bank building, which the City purchased from
Families Moving Forward (FMF) in July, for $360,000. A lease agreement of less than two years
was signed, however, FMF has found and purchased another property in Minneapolis. The lease
agreement has been terminated. Washburn-McReavy Funeral Chapels, Inc. has submitted an offer
City Council Minutes
October 9, 2000
Page 5 of 11
for $375,0000 for the property. The Purchase Agreement has been reviewed and approved by the
law firm of Kennedy and Graven.
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On October 5 Fehst showed the building to Mr. Daniel Gonsior. On October 6 Gonsior faxed a
letter stating he would not be able to attend the City Council meeting, but requested the City table
the second reading of the Ordinance so he could submit an offer on the building. Fehst stated the
building was vacant for five years. The only business that tried to purchase this building was a
pawnshop, but the area was not zoned for this use. Others who expressed interest were a dry
cleaner, and carpet sales. This is the second reading of the Ordinance, and if approved, will be
followed by a 30-day waiting period. Fehst stated an alternative motion would be to table the
Ordinance.
Wyckoff stated Gonsior’s plans include possibly a coffee shop, a Davanni’s, and a bagel shop.
Wyckoff indicated he would pay $375,000 or more, if necessary.
Mayor Peterson opened the Public Hearing.
Mr. Bill McReavy Jr. addressed the Council and audience with his plans for the building, the
background and location and standing of his family owned funeral home business. They learned of
the available building about one and one-half years ago but were involved in another project at the
time. The business would retain the present architecture style and upgrade the facility. They want to
be part of and be involved in this community and the redevelopment of Central Avenue. Bill
McReavy Sr. showed a picture of their plan for the exterior of the building.
Peterson opened discussion to the audience.
Chester Shattuck, 3971 Quincy Street, liked the idea of something being done with the building but
felt there could be something better that would fit in by the bus terminal, like shops or a restaurant.
He wanted Washburn- McReavy to consider another area of the city.
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Archie Anderson, 999 41 Avenue, stated he lives in the condo behind the building and was opposed
to a funeral home in this area. He asked Council to table action on the Ordinance. He presented a
petition with 180 names to the Deputy City Clerk. The petition read: I would prefer that the building
at 4101 Central Avenue not be sold to a funeral home, and that the building be put up for public sale
and other options considered before such a decision is made.
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Bob Buboltz, 4311 5 Street, suggested tabling this sale to see what other options are available.
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Dee Logan, 1221 39 Avenue, asked Councilmembers whom they had approached regarding the
availability of this building. Wyckoff stated Dunn Brothers, owners of several coffee shops, were
given a tour of the building, and stated they could offer $400,000 but could not occupy the building
as quickly as the current offer. Logan suggested encouraging businesses that would serve more
families, and requested Council table this item.
Joyce Shellito stated the young people would like a place for them to go. She asked Council to
anticipate the needs and changes the proximity of the new Medtronic company will have on our
community.
Lee Stauch, 1155 Khyber Lane, felt the property should be used for a public use such as a Police
Department or Library.
City Council Minutes
October 9, 2000
Page 6 of 11
J.D., a student, would like to see the building used for something for kids in the area. Peterson
explained the Council’s attempt to build a community center.
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Steve Azerman, 624 40, felt the building should be sold to Washburn-McReavy for a funeral home,
as the building has been empty for too long.
Sue Amundson, 3741 Reservoir Boulevard, agreed with Council action to purchase the property
from FMF issue because they wanted something more vital there. She was aware it is legal to sell
property without listing it for sale, but felt that it was not right to do so. She asked Council to
remember they wanted to put something there the citizens could use.
Cheryl Beck, 4321 Reservoir, felt this action was not publicized enough.
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Harold Hoium, 4315 –17-21 5 Street, stated that the funeral home would do well for the
community, by looking nice, paying taxes, be a quiet business causing no trouble, and in a
community with an older population be beneficial.
Autumn, a student, wanted to see the building turned in to a place kids could go to.
Kathy Ahlers, 4010 Hayes, requested a three month moratorium before a decision was reached. She
stated she was on the Downtown Committee and this use was not what they had in mind. She felt this
was a conflict of interest for the Councilmember who is also a Washburn-McReavy employee.
Hunter stated that the City Attorney did not see this as a conflict of interest, and his belief is this sale
is a sound business decision.
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Karsten McCarthy, 4213 5 Street, felt the City Council should hold off on the sale of this building.
Diane DeLaria, 4129 Madison, wanted this sale held off for three months. She is against selling the
building for use as a funeral home.
Bill McReavy Jr. responded to audience comments. He described the locations of their nine funeral
chapels and the benefits/revitalization they each bring to the community they are located in.
Jolly commented on the petition that was presented and possible interpretation questions.
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Richard Dustin, 1708 39 Street, gave his background of City involvement. He stated that he is
frustrated because every time the city tries to move ahead, complainers try to shoot it down. He
stated the City Council is doing an excellent job.
Sue Amundson stated the issue isn’t against Washburn-McReavy. Her concern is actions being taken
regarding Central Avenue.
Chester Shattuck, stated that after listening to all the comments he has changed his mind, and felt
the City Council should approve the sale of this building to Washburn-McReavy Funeral Chapels.
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Doug Hill, 1037 43 Avenue, suggested advertising the sale. He felt if ordinances were more
lenient, it would draw retail business.
Dee Logan stated she was dissatisfied with this process and spoke of democracy.
City Council Minutes
October 9, 2000
Page 7 of 11
Harold Hoium stated there is already too many empty stores and felt this sale would attract other
businesses.
Mayor Peterson closed the Public Hearing and called for a roll call vote.
Councilmember Szurek – yes, Councilmember Jolly – yes, Councilmember
Upon vote:
Wyckoff – no.
Wyckoff proceeded to the podium to “speak for the people she represents”. She spoke of the future
of Central Avenue and the Transit Hub. She disagreed with comments regarding the petition
presented by residents. Wyckoff felt the Council should wait for the right offer, like the City of
Fridley did for the Medtronic project. She felt some developer might be interested to purchase the
4101 Central building and the building to the north that is also for sale. Wyckoff stated there should
be competition for the highest bid and for the best business.
Councilmember Hunter abstained from voting.
Peterson thanked everyone for their input and discussion. He agreed with Wyckoff that we need a
good anchor in our downtown and he believes the funeral chapel would be that anchor and could
bring businesses into the surrounding empty buildings. Peterson stated the project next to NEI would
not be low-income housing, but 55 units of senior assisted living, and 20 affordable living units, with
rents averaging $800 per month. Only three of the units will be Hollman units. Peterson stated
Columbia Heights is an affordable community and there is nothing wrong with this. He stated the
revitalization of this community must continue. This sale will be good for the community, get the
property back on the tax roles, get our money back so we can move on to the next project. He stated
that five years from now residents would agree this was a good idea to do this.
Mayor Peterson vote yes. Motion carried.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
1. Adopt Resolution No. 2000-71, accepting bids and awarding contract for Retaining
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Wall construction projects #9818 and 0012 at Jefferson Divide, 5255 7 Street (on
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53 Ave) and 4342 Arthur Street
Motion by Jolly, second by Szurek
, to waive the reading of Resolution No. 2000-
Upon vote: All ayes
71, there being ample copies available to the public. .
Motion by Jolly, second by Szurek
, to approve and adopt Resolution No. 2000-71,
accepting bids and awarding the Retaining Wall Construction Projects No. 39818
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and #0012 along State Aid Streets: Jefferson Divide, 5255 7 Street (on 53
Avenue) and 4342 Arthur Street to Sunram Construction Inc. of Corcoran,
Minnesota, based upon their low responsible bid in the amount of $139,866.23 to be
appropriated from Funds 402-59818-5130 and 402-50012-5130; and, furthermore, to
authorize the Mayor and City Manager to enter into an agreement for the same.
City Council Minutes
October 9, 2000
Page 8 of 11
Kevin Hansen, Public Works Director, stated this is part of the annual retaining walls program on
city streets. These projects have been on the list for a number of years and resident input is
considered when deciding priority of projects. Completion date is estimated for June 2001.
Upon vote: All ayes.
RESOLUTION NO. 2000-71
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
RETAINING WALL CONSTRUCTION PROJECTS
#9818 AND #0012
WHEREAS
, pursuant to an advertisement for bids for 2000 Improvement projects #9818 and #0012
Retaining Wall Construction, bids were received, opened and tabulated according to law. The following
bids were received complying with the advertisement:
Bidder Base Bid
Sunram Construction $139,866.23
Nadeau Utility, Inc. $154,333.30
Schmidt Curb Company Inc. $158,606.75
Thor Construction $163,053.05
TMS Construction Inc. $165,093.78
Timme, Inc. $165,100.74
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WHEREAS
, it appears that Sunram Construction, 20010 75 Avenue North, Corcoran, Minnesota, is the
lowest responsible bidder,
NOW THEREFORE BE IT RESOLVED
by the City Council of Columbia Heights, Minnesota:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Sunram
Construction in the name of the City of Columbia Heights for 2000 Improvement Projects #9818 and
#0012, according to plans and specifications therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits
made with their bids except the deposit of the successful bidder and the next lower bidder shall be
retained until the contract has been signed.
3. City Projects #9818 and #0012 shall be funded with 100% City funds - Municipal State Aid
Construction funds.
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Dated this 9 day of October 2000.
Offered by: Jolly
Seconded by: Szurek
Roll Call: All ayes ___________________________
Mayor Gary Peterson
________________________________
Patricia Muscovitz, Deputy City Clerk
2. Adopt Resolution No. 2000-72 accepting bids and awarding the demolition, removal
and restoration of the Huset Band Shell and adjacent areas
City Council Minutes
October 9, 2000
Page 9 of 11
Motion by Hunter, second by Wyckoff
, to waive the reading of Resolution No.
All ayes.
2000-72, there being ample copies available to the public. Upon vote:
Motion carried.
Motion by Hunter, second by Wyckoff
, to approve and adopt Resolution No.
2000-72 accepting bids and awarding the demolition, removal and restoration of the
Huset Band Shell Areas to Kevitt Excavating Inc. of Crystal, Minnesota, based upon
their low, qualified responsible quotation in the amount of $5,375.00; and
furthermore, to authorize the Mayor and City Manager to enter into an agreement for
the same. Funding would be provided from the City’s Parks Capital Improvement
Funds 412-45200.
Hansen indicated this was an informal bid, not formally advertised, as the bid was under the State
required amount for formal bids. Signed quotes were delivered to the Public Works Department. He
stated the surrounding area consists of leveling the area to grade and repairs to truck traffic
damage.
Joyce Shellito asked why this could be removed so quickly, but it takes so long for removal of
residential buildings. Ken Anderson, Community Development Director, stated she was referring to
the City owned Lookout Place residences, which are currently being used for police and fire
training. Bids are currently being prepared. He explained block grant restrictions, the necessity of
asbestos removal at one of the homes, and required permits before a controlled burn can take place.
Peterson stated the City did not have ownership of these homes until July. Mel Collova, Building
Official, reviewed the process before removal can take place. Fehst indicated there was not a
specific date for removal set. Demolition contractors are busy so there was only one response for
this work. Collova stated the building has been posted several times and is being monitored by the
Police Department.
Peterson requested Mr. Anderson develop a timetable for removal of these buildings and forward a
copy to Ms. Shellito.
All ayes. Motion carried.
Upon vote:
RESOLUTION NO. 2000-72
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
DEMOLITION, REMOVAL AND RESTORATION OF
HUSET BAND SHELL AND ADJACENT AREAS
WHEREAS
, pursuant to an advertisement for bids for Demolition, Removal and Restoration of the Huset
Park Band Shell and Adjacent Areas, quotations were received, opened and tabulated according to law. The
following bids were received complying with the advertisement:
Bidder Base Bid
Kevitt Excavating Inc. $ 5,375
Wickenhouser Excavating Inc. $ 5,550
Land Recycling Service Inc. $ 5,664
USD Minnesota - LLC $ 6,250
Belair Excavating $ 6,288
Veit & Company $ 6,675
Ceres Environmental $ 9,000
K-B Excavating $16,884
City Council Minutes
October 9, 2000
Page 10 of 11
WHEREAS
, it appears that Kevitt Excavating Inc, 3335 Pennsylvania Avenue North, Crystal, Minnesota,
is the lowest responsible bidder,
NOW THEREFORE BE IT RESOLVED
by the City Council of Columbia Heights, Minnesota:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Kevitt
Excavating Inc. in the name of the City of Columbia Heights for Demolition, Removal and
Restoration of the Huset Park Band Shell and Adjacent Areas according to plans and specifications
therefore approved by the Council.
2. City Project shall be funded with approximately 100% Parks Capital Improvement Funds.
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Dated this 9 day of October 2000.
Offered by: Hunter
Seconded by: Wyckoff
Roll Call: All ayes ________________________
Mayor Gary Peterson
_______________________________
Patricia Muscovitz, Deputy City Clerk
C. Other Business
1. Approval of the Sale and Development Agreement for 3855 Main Street NE
Motion by Wyckoff, second by Szurek
, to approve the Sale/Development
Agreement with Mr. Brian Michael Roeller, of 3849 Main Street N.E., for an amount
of $20,000 plus associated costs; and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same.
All ayes. Motion Carried.
Upon vote:
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
Fehst indicated there would be a benefit for Michaela Knutson at the Fridley American
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Legion Post #303 on Thursday, October 12. This fundraiser is a joint effort by the
Columbia Heights and Fridley Police Departments. The address of where to send donations
was posted on the cable screen.
B. Report of the City Attorney - None
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) Special Meeting of the August 28, 2000 Housing and Redevelopment Authority
2) Meeting of the September 13, 2000 Traffic Commission
3) Meeting of the October 2, 2000 Traffic Commission
4) Meeting of the September 21, 2000 Telecommunications Commission
5) Meeting of the October 3, Planning and Zoning Commission
City Council Minutes
October 9, 2000
Page 11 of 11
10. CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular
agenda. The citizen is requested to limit their comments to five minutes. Please note the public may
address the Council regarding specific agenda items at the time the item is being discussed.)
None.
11. ADJOURNMENT
Mayor Peterson adjourned the meeting at 10:20 p.m.
___________________________________
Patricia Muscovitz, Deputy City Clerk