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HomeMy WebLinkAboutJanuary 12, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 12, 1998 SWEARING IN OF NEWLY-ELECTED/RE-ELECTED COUNCILMEMBERS The City Attorney administered the oath of office to Marlaine Szurek, newly-elected Councilmember and Donald Jolly, re-elected Councilmember. 1. CALL TO ORDER/ROLL CALL The Council Meeting was called to order by Mayor Pro-Tem Peterson. Councilmembers Szurek, Jolly and Ruettimann were present. Mayor Sturdevant was absent. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Pro-Tem Peterson reversed two items' under Other Business. 4. CONSENT AGENDA (Items on the Consent Agenda are considered to be routine by the City Council and are enacted upon by one motion. Items removed from the Consent Agenda will be taken up as the next order of business) A. Adoption of Consent Aqenda Motion by Ruettimann, second by Jolly to approve the Consent Agenda items as follows: 1) Approval of Council The Council approved the minutes of the December 22, 1997 City Council Meeting. 2) Establish Hearinq Date for Public Special Assessment Levy Hearinq The Council established Monday, February 23, 1998 at 6:30 p.m. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. 3) Final Payment for Sidewalk and Retaininq Wall Construction The Council accepted the work for 44th Avenue sidewalk and retaining wall construction, Municipal Project No. 9412 and authorized final payment of $7,095.25 to Ron Kassa Construction of Richfield, Minnesota. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 2 4) Establish Hearinq Date for License Revocation on Rental Property at 228 40th Avenue Northeast The Council established a hearing date of February 9, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the rental property at 228 40th Avenue Northeast owned by Robert Mikulak. 5) Establish Hearinq Date for License Revocation on Rental ProDert¥ at 3726 Third Street Northeast The Council established a public hearing of January 26, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the rental property at 3726 Third Street Northeast owned by Stanley Larson. 6) Final Payment for Re-Roof of Lomianki, Gauvitte and Mathaire Park Buildinqs The Council accepted the work for Municipal Projects #9711 (Lomian~i), #9712 (Gauvitte) and #9713 (Mathaire) park buildings and authorized final payment of $5,647.50 to Milton Johnson Roofing of Minneapolis, Minnesota. 7) Chanqe in Construction Project on T. H. 47 The Council authorized Supplemental Agreement No. 1 to replace TOMAR EVP equipment with Opticom at T.H. 47 and 44th Avenue Northeast in the amount of $6,600.00 to Ridgedale Electric. 8) EDA Commissioner Vacancies The Council concurred with the Mayor's appointment of Richard Dustin to a six year term on the Columbia Heights Economic Development Authority with said term commencing January 9, 1998 and expiring January 8, 2004, and the appointment of Marlaine Szurek to the term currently vacant and expiring on January 8, 2001. Mayor Pro-rem Peterson introduced Dick Dustin, EDA Commissioner. 9) Authorization to Obtain Price Quotes for Printinq and Mailinq the 1998 City Newsletters The City authorized staff to obtain price quotes for printing and mailing the 1998 "Heights Happenings" city newsletters. 10) Establish JPM Hall Rental Rates for 1999 and Revised JPM Hall Manaqement Plan Resident Discount Policy The Council adopted the 1999 Murzyn Hall rental rates and revisions to the JPM Management Plan regarding the resident discount policy as outlined by the Park and Recreation Commission at its meeting of December 18, 1997. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 3 11) ADDroyal of License ADDlications The Council approved license applications as listed. 12) Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: All ayes 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Introduction of New EmDloyee Chief Johnson introduced the newly-hired CSO, Todd Groves. B. Presentations The Recreation Director acknowledged donations made to the Recreation Department from the MuniciPals Banquet Planning Committee, from the Columbia Heights Athletic Boosters, the Medtronic Foundation to CHASE and for a grant to CHASE from the Minnesota Department of Children, Families and Learning. 6. PUBLIC HEARINGS A. Resolution No. 98-02 Bein~ a Resolution ADDrovin~ Transfer of OwnershiD - Cable Television Franchisee The City's cable legal counsel stated that the Telecommunications Commission, at their joint meeting with the City Council on November 20, 1997, recommended approval of the transfer of ownership of the cable system to CCTC Holdings, Inc. (Charter Communications) provided certain conditions were met. As those conditions have now been met, he went on to state that he is recommending adoption of the resolution which would approve the cable television transfer of ownership. The agreement would be to transfer ownership and control of North Central Cable Communications Corporation (d/b/a/ Meredith Cable) to CCTC Holdings, Inc. (Charter Communications). He also addressed why U.S. WEST cannot own a cable system. The legal counsel felt this transfer would have no affect on basic service rates for subscribers as such rates are subject to regulation. There is no way to control upper level rates. He advised that the new owner is proposing an upgrade of channels in the next five years. He felt available channels would increase dramatically. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 4 Motion by Ruettimann, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-02 BEING A RESOLUTION APPROVING THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO CCTC HOLDINGS, INC. WHEREAS, the City of Columbia Heights ("City") is authorized to undertake all tasks necessary to coordinate, administer, and enforce the franchise; WHEREAS, approval of a request for consent to transfer control of and certain ownership interests in a cable television franchisee requires amendment to the franchise; WHEREAS, on or about July 15, 1997, CCTC Holdings, Inc. ("CCTC") submitted FCC 394, "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise" (~FCC 394"); WHEREAS, the FCC 394 requests consent for CCTC and/or certain subsidiaries thereof to acquire ownership of Group W Cable of Columbia Heights, Inc., d/b/a Meredith Cable (~Meredith"), a wholly owned subsidiary of North Central Communications Corporation (~NCCC"), a wholly owned subsidiary of MediaOne of Delaware, Inc., ("MediaOne"), a wholly owned subsidiary of US West Media Group, Inc., a wholly owned subsidiary of US West, Inc. ("US West"); WHEREAS, the FCC 394 request more generally indicated that CCTC and/or subsidiaries thereof seek to acquire complete ownership and control of NCCC and all subsidiaries thereof including all entities d/b/a Meredith Cable; WHEREAS, legal counsel for the City has conducted a complete and thorough review of FCC 394 and certain supporting documentation, requested additional information related to these transactions, was provided portions of the additional information requested, and engaged in numerous discussions, meetings, and exchanges of correspondence related to these transactions; WHEREAS, legal counsel for the City prepared and submitted to the City a thorough and detailed Report, Analysis and Conclusions dated October 29, 1997 ("Report"); REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 5 WHEREAS, the Report concluded that there were the following reasonable bases for withholding consent to the FCC 394 request and thereby denying those transactions subject to the jurisdiction of the City: a o The existence of a Non-Competition Agreement in violation of the spirit and intent of federal law and direct contravention of the FCC Order regarding the divestiture of the systems; b o Failure to provide adequate documentation of a financial plan for the purpose of analyzing its reasonableness and economic viability; C · Failure to provide sufficient financial guarantees regarding the ongoing operation and capital expenditures required of the cable systems and associated franchises; and Failure to demonstrate that the entity which will provide all management services, Charter Communications, Inc., on behalf of CCTC is obligated to or otherwise will continue to provide management services during the term of CCTC's ownership of the cable systems, if any. WHEREAS, CCTC and Charter Communications, Inc., (~CCI"), its managing entity and representative in the transfer review process, have provided to the reasonable satisfaction of City's legal counsel the following agreements, representations and guarantees in response to the above bases for withholding consent: a o CCTC has agreed to waive any rights it may have related to the Non-Competition Agreement referenced in the Report. bo The CCTC guarantee of performance of the franchise will be supplemented with a guarantee of performance from CCI acceptable in form and substance to City's legal counsel. C o CCI has agreed not to withdraw as manager of the system serving the City for as long as CCI is in an equity ownership position of the systems. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 6 NOW, THEREFORE, BE IT RESOLVED THAT, the City hereby: Accepts the Report but concurs with legal counsel's subsequent recommendation to consent to the consummation and closing of the transactions contemplated in and consistent with FCC 394, specifically conditioned upon receipt of written confirmation of the agreements of CCTC and CCI delineated above; and FURTHER, specifically conditions this approval upon the reimbursement of all City's expenses associated with the evaluation and approval of this transaction; and o FURTHER, reserves unto itself the opportunity to review and adopt, modify, or reject the final written report of legal counsel, consistent with this Resolution, and, if adopted, made a part of the record hereof. Passed this 12th day of January, 1998. Offered by: Seconded by: Roll call: Ruettimann Szurek Ail ayes Gary Peterson, Mayor Pro-tem Jo-Anne Student, Council Secretary B. Resolution No. 98-03 Being a Resolution Orderinq and Levyinq an ImDrovement The improvement is for a mid-block light between University Avenue service drive and 4th Street from 52nd Avenue to 53rd Avenue on the existing pole between 5241 and 5257 University Avenue. The proposed project results from a petition circulated by affected property owners in the area. The resident at 5228 Fourth Street requested an explanation of what appears to him to be a disparity of associated costs relative to this light and what prices were quoted to him from Northern States Power. He also noted he has a light on his property which he thought was identical to the one being proposed and which costs somewhat less. His third concern was regarding the effective distance for the proposed light. The City has advised this will benefit properties within 150 feet on each side of it. He disputed this claim based on information he received from NSP The resident distributed informational sheets from NSP regarding its lights. REGULAR COUNCIL MEETING JAlqUARY 12, 1998 PAGE 7 Members of the Council and City staff felt no action should be taken on this item until further research was done. The primary concern was whether the information received by the resident was relative to the light being proposed. There was some question if the resident's light and the proposed lights were the same. Motion by Peterson, second by Ruettimann to table this item for additional information until the February 9, 1998 Council Meeting. Roll call: All ayes 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-01 Beinq a Resolution Pertaininq to Senior Refuse Rates This resolution is to correct an error made previously in 1996. Motion by Jolly, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-01 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, DESIGNATING THE REFUSE, RECYCLING AND YARDWASTE RATES WHEREAS, Ordinance No. 853, City Code of 1977 (as amended) pertaining to garbage, rubbish and recycling service provides for the setting of appropriate rates for services rendered; and WHEREAS, the City of Columbia Heights had renegotiated their contract providing for necessary adjustments in costs related to refuse, recycling and yardwaste collection and disposal services in 1997 establishing rates for 1997, 1998 and 1999; and WHEREAS, the City of Columbia Heights continued to charge the qualifying seniors a reduced refuse rate in 1997; and WHEREAS, the City of Columbia Heights believes it is both necessary and desirable to continue the subsidy of refuse service for the senior citizen (62 and over) in our community whose household incomes are at or below the designated maximum social security plus four percent, REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 8 NOW, THEREFORE, BE IT RESOLVED that the following monthly refuse collection rates for qualifying senior citizens be adopted and put into effect as of February 1, 1998 and on all billings rendered thereafter for residential senior service. Residential Service-one p/u per week 1998 1999 Senior Citizen Rate (as defined by Council Resolution establishing eligibility) $8.76 $9.02 Passed this 12th day of January, 1998. Offered by: Seconded by: Roll call: Jolly Szurek Ail ayes Gary Peterson, Mayor Pro-tem Jo-Anne Student, Council Secretary 2) Resolution No. 98-04 Beinq a Resolution Approvinq the Adoption of Special Leqistation Establishinq the Board of Trustees and a Defined Contribution Pension Plan Motion by Jolly, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-04 RESOLUTION APPROVING THE ADOPTION OF SPECIAL LEGISLATION ESTABLISHING THE BOARD OF TRUSTEES AND A DEFINED CONTRIBUTION PENSION PLAN WHEREAS, the City Council of the City of Columbia Heights established a committee of the Council to meet with the Board of Examiners of the Volunteer Fire Relief Association to review pension by-laws and Board of Trustee concerns, and WHEREAS, it was the joint recommendation of this group to adopt new by-laws which comply with State requirements, and WHEREAS, it was the joint recommendation of this group that the new by-laws provide for a defined contribution pension plan, and REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 9 WHEREAS, it was the joint recommendation of this group to support new State legislation allowing the Columbia Heights Fire Department Volunteer Relief Association to be governed by a Board of Trustees as defined under Minn. State Stat. 317A and 424A as well as other laws applicable to volunteer fire department relief associations, and WHEREAS, it was the joint recommendation of this group for new legislation to provide for by-laws that provide that future benefits payable to any member of the Association are a defined contribution lump sum service pension under Minnesota statutes, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council will support a bill for an act to implement these changes. Passed this 12th day of January, 1998. Offered by: Seconded by: Roll call: Jolly Szurek Ail ayes Gary Peterson, Mayor Pro-Tem Jo-Anne Student, Council Secretary B. Bid Considerations None C. Other Business 1) Response to Mn/DOT Reqardinq Traffic Speeds on Central Avenue Motion by Ruettimann, second by Peterson to authorize staff to send a letter to Mn/DOT opposing the proposed increased traffic speeds on Central Avenue on behalf of the City Council based on recommendations to the Traffic Commission. Roll call: All ayes. 2) Conditional Use Permit Request - Ape Hanqers Custom Cycle, 4801 University Avenue This request is to allow minor repairs to motorcycles. No major engine or transmission repair work will be done at this site. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 10 There was some concern from a property owner in the area regarding motorcycle traffic in his residential neighborhood. Councilmember Jolly suggested additional language be added to the conditions of the permit to address this concern. Motion by Szurek, second by Ruettimann to approve the conditional use permit submitted by Mike O'Donnell of Ape Hangers Custom Cycle, 4801 University Avenue, subject to the following conditions: 1) No repair work will be conducted by Ape Hangers Custom Cycle or its successors or assigns which meets the Zoning Ordinance definition for major repair. 2) Ail required state and local codes, permits and inspections including, but not limited to building permits, fire code, and health department requirements will be met in full compliance. 3) The property owner and tenant(s) will provide at their expense a binding, recordable lease agreement to include Lot 18 with Lot 16 and 17 to meet the minimum required parking spaces for the building and tenants at 4801-07 University Avenue. 4) No parking shall be allowed along the south side of 4801 University Avenue and "No Parking" signs will be posted at the owner/applicant expense. The existing paved area may be removed and replaced with sod/landscaping to prohibit parking in that area. The area between the curb and overhead service bay entry must remain paved or concrete. 5) A parking lot striping plan must be submitted showing the size and location of all parking spaces and access aisles and meet all state and local minimum requirements including signage for required parking spaces or a plan for removal of snow from the site should be provided. Parking lot striping must be completed in accordance with the approved plan not later than June 1, 1998. 6) Ail loading and unloading must be performed on site and not encroach into the public right of way. 7) Ail proposed signage must be submitted on the City prescribed application form and any additional signage must fully comply with the City Sign Ordinance. 8) Existing fencing and topography is satisfactory to meet screening requirements. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 11 9) Building setbacks shall not be encroached upon by further construction or additions. 10) Ail other provisions of the Zoning Ordinance or other state and local laws will be fully complied with by the applicant and property owner. 11) This conditional use permit is approved only for the Ape Hangers Custom Cycle business and shall become null and void with a change in use or tenants unless first approved by the City of Columbia Heights. 12) Patrons and customers will be requested to use the frontage road. Roll call: Ail ayes 3) First Readinq of Ordinance No. 1369 Beinq a Rezoninq Ordinance for 3701 Central Avenue, Case #9801-02 This request is to rezone property from CBD and R-3 to RB (Retail Business District) to allow for a car wash, gas station and convenience store at 3701 Central Avenue and motor vehicle repair at 3810-3842 Central Avenue. The project architect and staff reviewed the project with the use of graphs and architectural renderings. All facets of the buildings were discussed as were traffic issues, access driveways and grading as well as erosion concerns and utility plans. Motion by Ruettimann, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1369 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lot One (1), Lot Two (2), Lot Three (3), Lot Four (4), Lot Five (5), Lot Six (6), Lot Seven (7), Lot Eight (8), Lot Nine (9), Lot Ten (10), Lot Eleven (11), Lot Twelve (12), Lot Thirteen (13), Lot Fourteen (14), Lot Fifteen (15), Lot Sixteen (16), Lot Seventeen (17), Lot Eighteen (18), Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 12 Outlot C, and Lot Eight (8), Lot Nine (9), Lot Ten (10), Lot Eleven (11), Lot Twelve (12), Lot Thirteen (13), Lot Fourteen (14), Lot Fifteen (15), Lot Sixteen (16), Lot Seventeen (17), Lot Eighteen (18), Central Avenue Subdivision, Anoka County, Minnesota Lot One (1) and Lot Two (2), except the northeasterly fifty (50) feet thereof, of Block Eight (8), Reservoir Hills, Columbia Heights, Anoka County, Minnesota, all of which are currently zoned CBD, Central Business District, shall hereafter be zoned RB, Retail Business District. Section 2: That certain property legally described as Lot Ten (10), Lot Eleven (11), Lot Twelve (12), Spains Addition, Anoka County, Minnesota, which is currently zoned R-3, Multiple Family Residential, shall hereafter be zoned RB, Retail Business District. Section 3: To authorize and direct staff to amend the official zoning map to reflect the change in zoning to RB, Retail Business District, upon the effective date of said ordinance. Section 4: This ordinance shall be in full force and effect from and thirty (30) days after its passage. First Reading: January 12, 1998 Motion by Ruettimann, second by Szurek to establish January 26, 1998 at approximately 7:00 p.m. for the second reading of Ordinance No. 1369 being an ordinance amending Ordinance No. 853 pertaining to rezoning certain property. A very lengthy discussion followed which included comments from supporters and opponents of the project. Some of the comments addressed size of the project, hours of operation, traffic patterns, dedicated land, and the City's image regarding progress or lack of it with business ventures. Roll call on second reading motion: Ail ayes 4) Preliminary Plat, Bobby and Steve's Auto World The EDA Director reviewed the proposed preliminary plat. It includes property located at 3701, 3807, 3817, 3810, 3816-3828 and 3842 Central Avenue and 3740 and 3802 Reservoir Boulevard. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 13 These properties are the selected sites for a new gas station, car wash, and convenience store on the east side and motor vehicle repair with ten service bays on the west side of Central Avenue. Councilmember Jolly stated his concern with snow removal from sidewalks and the proposed heat cables and their effectiveness. He requested this issue be followed up on. Motion by Szurek, second by Peterson to approve the preliminary plat subject to the applicant compliance with the following conditions for approval: 1. Revise the preliminary plat to include all required public easements and the proposed location for relocated utilities including but not limited to, storm sewer, water, sanitary sewer, gas and electric. The location, size, type and elevation of all utility lines should be depicted. The amount in area in each block should also be corrected. 2. The Park 2 and Park 3 areas should be deleted as park dedication and be shown as alley right of way in the same size and dimensions, subject to the applicant performing maintenance and providing irrigation service to the landscaped areas (including a stub to the Park I property). 3. The alley should be improved with a concrete surface of sixteen (16) feet in width at the applicant's expense. Alley will be maintained by the City at no direct expense to the applicant. 4. A grading and drainage plan shall be prepared and subject to City Engineer review and approval. Stormwater rate control and water quality provisions as defined in the Water Resource Management Plan must be met. 5. An erosion control plan shall be prepared and subject to City Engineer review and approval. 6. Existing utility easements shall be retained by the City on a temporary basis for the existing utilities until such time as the utilities are relocated. 7. The owner shall provide to the City temporary easements for existing utilities until such time as the utilities are relocated. 8. City Council approval of the alley vacation as proposed. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 14 9. The City Council hereby finds the ten (10%) percent park land dedication (6,872.s.f.) would present an extreme hardship to the owner due to the size and shape of Lot 1, Block 2, provided the new alley dedication is thirty eight (38) feet in width and is improved at developer expense to a width of 16 ft. and Park I (3,604 s.f.) is dedicated as proposed. 10. Compliance with comments received from Mn/DOT on Preliminary Plat review and receiving approval of all necessary permits from Mn/DOT for egress/ingress from Trunk Highway 65 (Central Avenue) (added January 7, 1998). 11. A "Welcome" sign or other monument sign of display and landscaping area shall be improved or constructed in the Park I area in an amount not to exceed $20,000 as evidenced by contractor invoices/payments and subject to City Council design review and approval (added January 7, 1998). Roll call: Ail ayes 5. Authorization to Seek RFP for Traffic Feasibility Study The Traffic Commission requested a traffic feasibility study be done as there is concern with the potential impact the project on 37th and Central Avenues may have on traffic in the area. Discussion followed regarding all of the areas near this intersection which may be impacted with increased traffic and alterations to traffic patterns. Councilmember Szurek suggested that funding for this study could be solicited from Minneapolis, Anoka County and the developer of the project. Councilmember Ruettimann requested staff contact Minneapolis, St. Anthony Village and the State of Minnesota to access information from a previous traffic study done in this area. Motion by Jolly, second by Szurek to authorize staff to solicit proposals from consultants for a traffic feasibility study to be conducted for the entire Central Avenue area, 37th Avenue to 40th Avenue; 37th Avenue, Stinson Boulevard to University Avenue; 37th Avenue to Johnson Street on the east; 37th Avenue to Madison Place on the west; and, Reservoir Boulevard from 37th Avenue to 40th Avenue. Roll call: All ayes REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 15 The project architect inquired when the response from Mn/DOT is expected. He was advised it should be received by January 16th. The architect stated that if two accesses are not allowed on Central Avenue then two would be needed onto Reservoir Boulevard. He also was of the opinion that there was no apparent benefit to the project from the traffic study. It was generally felt that this project would benefit from the traffic study. A recommendation was made by staff that the station owners be requested to share in its associated costs. Motion by Peterson, second by Jolly to approve the site plans dated January 6, 1998 (Planning Commission) as proposed, dependent on Mn/DOT approval, based on a recommendation of the Traffic Commission. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manaqer The City Manager advised that Duluth is the location for on- going lawsuit activity. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Traffic Commission Meeting of December 9, 1997 2) Traffic Commission Meeting of January 5, 1998 3) Park & Recreation Commission Meeting of December 18, 1997 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident on Fifth Street had comments regarding a bus terminal location in the City and vehicle parking in the area of the Fire Station. RECESS TO EXECUTIVE SESSION The Regular Council Meeting was recessed at 11:10 p.m. to an Executive Session to discuss City of Columbia Heights vs. Lynde Investments and Jo-Anne Student, Council Secretary, was appointed to keep a written report. REGULAR COUNCIL MEETING JANUARY 12, 1998 PAGE 16 RECONVENE REGULAR COUNCIL MEETING The Regular Council Meeting was reconvened at 11:50 p.m. from the Executive Session which was called to discuss Columbia Heights vs. Lynde Investments with Jo-Anne Student, Council Secretary, keeping a written report. Cancellinq of Council Work Session Motion by Peterson, second by Szurek to cancel the January 19, 1998 Council Work Session. Roll call: All ayes 11. ADJOURNMENT Motion by Ruettimann, second by Peterson J~q adjourn the meeting at 11:51 p.m. Roll call: All~ ayes / ) Gary Pa~erso-n, Mayor Pro-Tem o-Anne student,--C'ouncil Secretary