HomeMy WebLinkAboutFebruary 23, 1998OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
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CALL TO ORDER/ROLL CALL
The Mayor called the Regular Council Meeting to order. Present
were Mayor Sturdevant and Councilmembers Szurek, Jolly,
Ruettimann and Peterson.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
The City Hanager advised that the rental license for 5031
Jefferson Street can be approved in that the owner has
complied with the requirements of the Housing Haintenance
Code. This item is 6-B.
4-A-3 is the agenda item for Council work sessions in Harch.
It was decided that one date would be changed.
A representative of the Reservoir Boulevard Association
requested that the acceptance of referendum petitions be added
to the agenda. It was added to ~5 Presentations.
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 are taken up as the next order
of business.}
A. Adoption of the Consent Agenda:
Hotion by Peterson, second by Szurek to approve the Consent
Agenda items as follows:
1) Approval of Council Heetinq Hinutes
The Council approved the minutes of the February 9, 1998
Regular Council Meeting as presented.
2) Donation of Vehicle to Fire Department
The Council accepted the donation of a junk vehicle from
Daniel O'Brien, Volunteer Firefighter, for training use.
3) Dates for Council Work Sessions in Harch
The Council established Tuesday, Harch 10, 1998 at 6:30 p.m.
and Honday, Harch 16, 1998 at 7:00 p.m. as times and dates for
Council work sessions.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 2
4) Transfer of Funds from General Fund to Police Department
The Council appropriated $1,305, the total fees collected from
police officer applicants, from the General Fund revenue to
the Police Department's 1998 budget under line ~3050 to assist
in covering the cost of the written test for entry level
police officer.
5) Payment of Anoka County for Truth in Taxation, Special
Assessment Laws and Tax Increment Financing Laws
The Council authorized payment of $15,338.09 for administering
the 1997 tax increment financing laws of Hinnesota, Truth in
Taxation, and Special Assessments, with expenses being charged
to the TIF Debt Services Fund and the General Fund.
6) Attendance of the Finance Director at the Annual GFOA
Conference
The Council authorized the attendance of William Elrite,
Finance Director, at the Annual Government Finance Officers'
Association Conference from June 28 to July 1, 1998 and
authorized that all related expenses be reimbursed from Fund
101-41510.
7) Close Hearing - Rental License Revocation, 4131 Washington
Street
The Council closed the public hearing regarding the revocation
of the rental license held by Carol Topel for rental property
at 4131 Washington Street in that the provisions of the
Housing Haintenance Code have been complied with.
8) Payment of Bills
The Council authorized the payment of the bills as listed out
of proper funds.
9) Approval of License Applications
The Council approved the license applications as listed and
the rental housing license applications as listed in the
February 11, 1998 memo from the Fire Chief.
Roll call on Consent Agenda: Ail ayes
5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS
A. Introduction of Newly-Hired Employee
Joseph Hollman, the newly-hired City Planner, was introduced.
B. Recognition of Volunteers
Engraved clocks were presented to Gary Olson and Richard
Schmidt for their service on the Charter Commission.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 3
C. Referendum Petitions
A representative of the Reservoir Boulevard Association read
from the Columbia Heights City Charter that portion which
addressed referendum. She stated the history of charter
changes by referencing Ordinance No. 1280 and Ordinance No.
1369 relative to rezoning.
Petitions which had been circulated in the City about
rescinding the rezoning of two parcels on Reservoir Boulevard
were presented to the Council. They will be received by the
City Clerk on February 24, 1998. The circulators of the
petitions were advised this matter will be on the agenda of
the March 9, 1998 Council Meeting.
6. PUBLIC HEARINGS
A. Local Law Enforcement Equipment Block Grant Public Hearing
Councilmember Jolly mentioned a letter he received suggesting
what could be purchased with this grant money. The City
Manager will respond to this letter. The Police Chief felt
there would probably be a duplication of equipment if the
suggested equipment were purchased.
Hotion by Ruettimann, second by Peterson to close the public
hearing and approve the list of equipment to be purchased with
this grant. Roll call: Ail ayes
B. Resolution No. 98-32 Being a Resolution Approving
Revocation of Rental License for Property at 5031 Jefferson
Street
The resolution was not read as the property owner complied
with the Housing Maintenance Code.
MOTION: Move to close the public hearing regarding the
revocation or suspension of the rental license held by Lisa
Kelly regarding rental property at 5031 Jefferson Street in
that the provisions of the Housing Haintenance Code have been
complied with. Roll call: Ail ayes
7. ITEMS FOR CONSIDERATION
A. Other Resolutions and Ordinances
1) Resolution No. 98-30 Being a Resolution Relating to a
Housing Program for the Benefit of Crest View Corporation and
the Issuance of Revenue Bonds to Finance and Refinance the
Costs
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 4
The City's bond counsel, John Utley, explained that this
resolution will afford the Crest View Corporation preliminary
approval to proceed.
The Public Hearing was opened at 7:27 p.m.
Councilmember Jolly inquired if this activity will have any
affect on the City's bond rating. The bond counsel responded
there will be no affect and that the City bears no financial
responsibility in this transaction. The City's participation
is only necessary in that the bonds must be issued by a tax
exempt entity.
Hotion by Peterson, second by Ruettimann to close the public
hearing at 7:34 p.m. Roll call: Ail ayes
Hotion by Peterson, second by Ruettimann to waive the reading
of the resolution there being ample copies available for the
public. Roll call: Ail ayes
RESOLUTION NO. 98-30
RESOLUTION RELATING TO A HOUSING PROGRAM FOR THE BENEFIT OF
CREST VEIW CORPORATION AND THE ISSUANCE OF REVENUE BONDS TO
FINANCE AND REFINANCE THE COSTS THEREOF UNDER MINNESOTA
STATUTES, CHAPTER 462C, AS AMENDED: GRANTING PRELIMINARY
APPROVAL THERETO. APPROVING THE HOUSING PROGRAM AND
ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS
UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED
BE IT RESOLVED, by the City Council of the City of Columbia
Heights, Hinnesota (the "City") as follows:
Section 1. Recitals
1.01. The City of Columbia Heights, Hinnesota (the "City") is
a home rule city duly organized and existing under the
Constitution and laws of the State of Hinnesota and the
Charter of the City.
1.02. Pursuant to Hinnesota Statutes 462C, as amended (the
"Act"), the City is authorized to carry out the public
purposes decribed in the Act by issuing its revenue bonds to
provide funds to finance or refinance facilities located
within the City comprised of combined multifamily housing
developments and health care facilities.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 5
As a condition to the issuance of such revenue bonds, the City
must adopt a housing program providing the information
required by Section 462C.03 subdivision la. of the Act (the
"Housing Program"). A public hearing must be held on the
Housing Program after one publication of notice in a newspaper
circulating generally in the City, at least fifteen days
before the hearing. On or before the day on which notice of
the public hearing is published, the City must submit the
Housing Program to the Metropolitan Council for review and
comment.
1.03 Crest View Corporation, a Minnesota nonprofit corporation
(the "Corporation") has proposed that the City, pursuant to
the Act, issue its revenue bonds in the approximate aggregate
principal amount of $10,500,000, in one or more series at one
time or from time to time (the "Bonds"), the proceeds of which
will be loaned by the City to the Corporation to refinance the
current indebtedness of the Corporation with respect to its
existing facilities in the City (the "Existing Facilities")
and to finance all or a portion of the costs of certain
improvements to the Existing Facilities (the "Improvements").
The proceeds of the Bonds will also be applied to fund certain
reserves and to pay certain costs of issuance of the Bonds.
The Existing Facilities are owned by the Corporation and are
comprised of the following: (i) Crest View Lutheran Home, a
122-bed licensed nursing facility ("Crest View Lutheran
Home"); (ii) The Boulevard, a 77-unit elderly housing
independent living facility ("The Boulevard"); and (iii) Royce
Place, a 50-unit elderly housing assisted living facility
("Royce Place") .
1.04. On August 18, 1987, the City issued its Health Care
Facility Revenue Bonds (Crest View Lutheran Home Project),
Series 1987 (the "Series 1987 Bonds"), in the original
aggregate principal amount of 44,400,000 to refinance the
outstanding indebtedness of Crest View Lutheran Home and The
Boulevard and to finance certain improvements to such
facilities. On Harch 19, 1991, the City issued its Board and
Care Facility Revenue Bonds (HA Insured Mortgage Loan - Royce
Place Project), Series 1991A, in the original aggregate
principal amount of $2,770,000 and its Board and Care Facility
Revenue Bonds (Royce Place Project), Series 1991B, in the
original aggregatge principal amount of $560,000
(collectively, the "Series 1991 Bonds"), to finance the
construction and related costs of Royce Place. A portion of
the proceeds of the Bonds are proposed to be applied to the
redemption of the outstanding principal amount of the Series
1987 Bonds and Series 1991 Bonds.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 6
1.05. Under Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code"), prior to the issuance of the
Bonds a public hearing duly noticed must be held by the City
Council.
Section 2. Preliminary Findings. Based on representations made
by the Corporation to the City to date, the City Council of
the City hereby makes the following preliminary findings,
determinations, and declarations:
(a) The Existing Facilities consist of a combination of
multifamily housing developments and health care facilities
and the Existing Facilities meet the following conditions: (i)
the multifamily housing developments of the Existing
Facilities were designed and intended to be used for rental
occupancy: (ii) the multifamily housing developments of the
Existing Facilities were designed and intended to be used
primarily by elderly or physically handicapped persons, and
(iii) nursing, medical, personal care, and other health
related assisted living services are available on a 24-hour
basis to the residents in the Existing Facilities.
(b) The proceeds of the Bonds will be loaned to the
Corporation and the proceeds of the loan will be applied to
refund the Series 1987 Bonds and the Series 1991 Bonds, to
refinance certain other indebtedness of the Corporation with
respect to the Existing Facilities, to finance the
Improvements, to fund a debt service reserve fund for the
Bonds, and to pay certain costs and expenses incident to the
issuance and sale of the Bonds. The City will enter into a
Loan Agreement with the Corporation requiring loan repayments
from the Corporation in amounts sufficient to repay the loan
when due and requiring the Corporation to pay all costs of
maintaining and insuring the Project, including taxes thereon.
(c) In preliminarily authorizing the acquisition,
construction, furnishing, equipping and improvement of the
Project and the issuance of the Bonds, the City's purpose is,
and the effect thereof will be, to promote the public welfare
of the City and its residents by retaining and improving
multifamily housing developments and health care facilities
for the elderly and otherwise furthering the purposes and
policies of the Act.
(d) The undertaking of the Housing Program and the issuance of
the Bonds to finance all or a portion of the costs thereof are
in the public interest.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 7
Section 3. Notice of Hearing. The City Council authorized the
publication of a notice of public hearing with respect to: (i)
approval of the Housing Program, as required by the Act: (ii)
the required public hearing under Section 147(f) of the Code:
(iii) the preliminary approval of the issuance of the Bonds.
The notice of public hearing was published in the Focus News,
a newspaper of general circulation in the City, on February 5,
1998, eighteen days prior to the date of the public hearing
held on Monday, February 23, 1998 at 7:00 p.m. at City Hall in
the City.
Section 4. Housing Program. The Housing Program was prepared
and submitted to the Hetropolitan Council for its review on
February 5, 1998. The preparation of the Housing Program and
the submission of the Housing Program to the Metropolitan
Council are hereby ratified, confirmed, and approved. A copy
of the Housing Program is attached to this resolution and is
hereby approved without amendment.
Section 5. Preliminary Approval. This Council hereby gives
preliminary approval to the issuance of the Bonds in the
approximate aggregate principal amount of $10,500,000 to
finance all or a portion of the costs of the Housing Program,
subject to final approval following the preparation of bond
documents, and subject to final determination by this Council
that the finacing of the Project and the issuance of the Bonds
are in the best interest of the City.
Section 6. Reimbursement of Costs Under the Code.
6.1 The United States Department of the Treasury has
promulgated final regulations governing the use of the
proceeds of tax-exempt bonds, all or a portion of which are to
be used to reimburse the City or a borrower from the City for
project expenditures paid prior to the date of issuance of
such bonds. Those regulations (Treasury Regulations, Section
1.105-2) (the "Regulations") require that the City adopt a
statement of official intent to reimburse an original
expenditure not later than sixty days after payment of the
original expenditure. The Regulations also generally require
that the bonds be issued and the reimbursement allocation made
from the proceeds of the bonds occur within eighteen months
after the later of: (i) the date the expenditure is paid; or
(ii) the date the project is placed in service or abandoned,
but in no event more than three years after the date the
expenditure is paid. The Regulations generally permit
reimbursement of capital expenditures and costs of issuance of
the bonds.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 8
6.2 The City reasonably expects to reimburse the Corporation
for the expenditures made for costs of the Improvements from
the proceeds of the Bonds in all estimated maximum aggregate
principal amount of $2,000,000 after the date of payment of
all or a portion of the costs of the Improvements. Ail
reimbursed expenditures shall be capital expenditures, a cost
of issuance of the Bonds or other expenditures eligible for
reimbursement under Section 1.150-2(d) (3) of the Regulations
and also qualifying expenditures under the Act.
Based on representations by the Corporation, other than (i)
expenditures to be paid or reimbursed from sources other than
the Bonds, (ii) expenditures permitted to be reimbursed under
prior regulations pursuant to the transitional provision
contained in Section 1.150-2(j) (2) (i) (B) of the Regulations,
(iii) expenditures constituting preliminary expenditures
within the meaning of Section 1.150-2(f) (2) of the
Regulations, or (iv) expenditures in a "de minimus" amount (as
defined in Section 1.150-2(f) (1) of the Regulations),no
expenditures for the Improvements have been made by the
Corporation more than sixty days before the date of adoption
of this resolution.
6.3 Based on representations by the Corporation, as of the
date hereof, there are no funds of the Corporation reserved,
allocated on a long term basis or otherwise set aside (or
reasonably expected to be reserved, allocated on a long term
basis or otherwise set aside) to provide permanent financing
for the expenditures related to the Improvements to be
financed from proceeds of the Bonds, other than pursuant to
the issuance of the Bonds. This resolution, therefore, is
determined to be consistent with the budgetary and financial
circumstances of the Corporation as they exist or are
reasonably foreseeable on the date hereof.
Section 7. Costs. The Corporation will pay the administrative
fees of the City and pay, or upon demand reimburse the City
for payment of, any and all costs incurred by the City in
conection with the Existing Facilities and the Improvements
and the issuance of the Bonds, whether or not the Existing
Facilties are refinanced, the Improvements are carried to
completion, or the Bonds are issued.
Section 8. Commitment Conditional. The adoption of this
resolution does not constitute a guarantee or a firm
commitment that the City will issue the Bonds as requested by
the Corporation. If, based on comments received at the public
hearing to be held pursuant to this resolution, or other
information made available to or obtained by the City during
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 9
its review of the Project, it appears that the Project or the
issuance of Bonds to finance the costs thereof is not in the
public interest or inconsistent with the purposes of the Act,
the City reserves the right not to give final approval to the
issuance of the Bonds. The City also retains the right, in its
sole discretion, to withdraw from participation and
accordingly not issue the Bonds should the City Council, at
any time prior to the issuance thereof, determine that it is
in the best interests of the City not issue the Bonds or
should the parties to the transaction be unable to reach
agreement as to the terms and conditions of any of the
documents for the transaction.
Section 9. Effective Date. This Resolution shall be in full
force and effect from and after its passage.
Adopted by the City Council of the City of Columbia Heights,
Hinnesota, on this twenty-third day of February, 1998.
Offered by:
Seconded by:
Roll call:
Peterson
Ruettimann
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
2) Resolution No. 98-31 Being a Resolution Relating to the
Fees and Expenses to be Imposed Upon Borrowers in Conjunction
with Bonds
This resolution sets forth the City's policy with regards to
recovering costs and establishing fees for all applicants
involved in the issuance of Industrial Development Bonds,
Housing Revenue Bonds and derivatives of these types of
issuances as provided for under Hinnesota Statutes.
Hotion by Ruettimann, second by Sturdevant to waive the
reading of the resolution there being ample copies available
for the public. Roll call: Ail ayes
RESOLUTION NO. 98-31
RESOLUTION RELATING TO THE FEES AND EXPENSES TO BE IMPOSED
UPON BORROWERS IN CONJUNCTION WITH BONDS ISSUED BY THE CITY
UNDER MINNESOTA STATUTES, CHAPTER 469, AS AMENDED, AND UNDER
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 10
BE IT RESOLVED by the City Council of the City of Columbia
Heights, Hinnesota (the "City"), is a home rule city duly
organized and existing under the Constitution and laws of the
State of Hinnesota and the Charter of the City and is
authorized to issue revenue bonds as follows: (i) under
Hinnesota Statutes, Section 469.152-469.1651, as amended (the
"Industrial Development Act"), to finance industrial,
commercial, and health care facilities; and (ii) under
Hinnesota Statutes, Chapter 462C, as amended (the "Housing
Act"), to finance multifamily housing developments for persons
and families of low and moderate income and for elderly
persons.
Section 2. Upon receipt of a request to issue revenue bonds
under either the Industrial Development Act or the Housing
Act, the City will evaluate the benefits to the City and make
a determination as to whether it is in the best interests of
the City to issue the proposed series of revenue bonds (the
"Bonds").
Section 3. Unless expressly waived by resolution of the City
Council, the party or parties receiving the benefits of the
Bonds proposed to be issued under the Industrial Development
Act or the Housing Act (the "Borrower") shall pay on the date
of issuance of the Bonds or agree in the bond documentation to
pay on specified future dates the fees and expenses referenced
in this Section 3.
3.01 Filing Fee. The Borrower shall pay to the City
nonrefundable filing fee in an amount to be determined by the
City Hanager (but not to exceed $3,000). This filing fee shall
be paid prior to the consideration of any preliminary
resolution calling a public hearing or preliminary approving
the issuance of the Bonds.
3.02 Expenses. The borrower shall pay to the City on the date
of issuance of the Bonds, or within five days from the date of
receipt of an invoice from the City, the amount of the
expenses paid or incurred by the City with respect to the
issuance of the Bonds. Such expenses include, but are not
limited to, charges for the publication of public hearing
notices, legal fees, financial analyst fees, bond counsel
fees; and out-of-pocket expenses paid or incurred by City
staff.
3.03. Date of Issuance Fee. On the date of issuance of the
Bonds, the borrower shall pay to the City a fee equal to one-
half percent (1/2%) of the principal amount of the Bonds
issued on such date.
REGULAR COUNCIL MEETING
FEBRUARY 23,1 998
PAGE 11
3.04. Annual Administrative Fee. On the first anniversary of
the date of issuance of the Bonds (or, if more convenient for
the Borrower, on the first day of the month in which the
anniversary of the date of issuance of the Bonds occurs), an
administrative fee equal to one-half percent (1/2%) of the
principal amount of the Bonds outstanding on such anniversary.
On the second anniversary of the date of issuance of the Bonds
and on each subsequent anniversary of the date of issuance of
the Bonds as long as any Bonds remain outstanding (or, if more
convenient for the Borrower, on the first day of the month in
which each anniversary of the date of issuance of the Bonds
occurs), an administrative fee equal to one-tenth percent
(1/10%) of the principal amount of the Bonds outstanding on
each such anniversary.
Section 4. If Bonds are issued by the City as obligations the
interest on which is not includable in gross income for
purposes of federal income taxation, the administrative fees
imposed by this resolution will be adjusted, if necessary, to
ensure compliance with any arbitrage limitations imposed by
Section 148 of the Internal Revenue Service of 1986, as
amended (or any successor statute). The City Hanager will
determine, in the sole discretion of the City Hanager (based
uopn the advice of counsel to the City or bond counsel), the
necessity of adjusting the administrative fees and the nature
and amount of such adjustment(s). At the request of a
borrower, the City Hanager is also authorized to make
adjustments to the amounts and dates of payment of the annual
administrative fees, if such adjustments do not reduce the
total amount of such fees below the net present value of the
aggregate amount of such payments, as determined by the City
Manager.
Section 5. Effective Date. This resolution shall be in full
force and effect from and after its passage.
Passed this 23rd day of February, 1998
Offered by:
Seconded by:
Roll call:
Ruettimann
Szurek
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
3) Resolution No. 98-28 Being a Resolution to Levy Assessment
for Garage Removal at 4200 Sixth Street, PIR 963
State Statute mandates that on this type of assessment only 8%
interest can be charged and the assessment period can only be
for five years.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 12
Hotion by Jolly, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: Ail ayes
RESOLUTION NO. 98-28
Adopting assessment roll according to the City Charter for the
following local improvement and determining that said
improvement has been made and ratifying and conforming an
Authorization to Raze (Repair) Hazardous Building, heretofore
received: Special Assessments numbered 963.
WHEREAS, the City Council of the City of Columbia Heights,
Hinnesota, met at 7:00 o'clock p.m. on the 23rd day of
February, 1998, in the City Council Chambers, 590 40th Avenue
N.E., Columbia Heights, Minnesota, being the time and place
set when and where all persons interested could appear and be
heard by the Council with respect to benefits, and to the
proportion of the cost of making the local improvement above
described, and a notice mailed to the property owner of
record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the
cost of such local improvement and has prepared an assessment
roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY
RESOLVES:
Section 1.
That this Council does hereby adopt the
aforesaid assessment roll known and described
as "Assessment Roll for Local Improvements"
numbered 963.
Section 2:
That this Council hereby finds and determines
that each of the lots and parcels of land
enumerated in said assessment roll was and is
especially benefitted by such improvement in
an amount not less than the amount set
opposite in the column headed "Total
Assessment". And this Council further finds
and determines that the proper proportion of
the cost of such improvements to be especially
assessed against such lot or parcel of land is
the amount set opposite the description of
each such lot or parcel of land respectively
in said assessment roll.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 13
Section 3:
That said assessment may be paid in part or in
full without interest on or before Harch 25,
1998, or in annual installments for a period
of five years as designated on the assessment
roll, payable on or before the 15th day of
September, annually, with 8% interest thereon.
Failure to pay the annual installment renders
the same delinquent and thereafter a 10%
penalty is added and the said delinquent
special assessment is certified to the County
for collection with the real estate tax.
Section 4:
That this Council did hereby determine and
redetermine to proceed with improvement, does
ratify and confirm all other proceedings
heretofore had in regard to this improvement,
and said improvement shall hereafter be known
and numbered as Local Improvement numbered PIR
963.
Section 5:
This resolution shall take effect immediately
upon its passage.
Passed this 23rd day of February, 1998.
Offered by:
Seconded by:
Roll call:
Jolly
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
C. Other Business
1) Amend Minutes of January 26, 1998 Regular Council Meeting
Hotion by Peterson, second by Ruettimann to reconsider
approval of the minutes of the January 26, 1998 Regular
Council Meeting. Roll call: Ail ayes
Hotion by Peterson, second by Ruettimann to amend the minutes
of the January 26, 1998 Regular Council Meeting with the
addition of the following language:
"A resident from the area of the project recalled discussing
with Councilmember Jolly having an annual review of the
conditional use permits associated with this project.
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 14
Councilmember Szurek stated this is always a consideration
with conditional use permits.
Councilmember Peterson noted that this condition can be
included specifically in the permits. He felt the residents
would probably serve as the mechanism to trigger the review.
Staff noted it had been a condition of the permit and that
property owners within three hundred feet of the property will
be notified of the review. It was suggested that rather than
having an annual review it should be one year from the date of
occupancy review so it does not need to be done each year."
Roll call: Ail ayes
Hotion by Peterson, second by Ruettimnann to approve the
amended minutes of the January 26, 1998 Regular Council
Meeting. Roll call: Ail ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Hanager had nothing to report at this time.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
9. GENERAL COUNCIL COHHUNICATIONS
The following meeting minutes were included in the agenda
packet:
January 21, 1998 Planning and Zoning Commission, January 28,
REGULAR COUNCIL MEETING
FEBRUARY 23, 1998
PAGE 15
RECESS TO EXECUTIVE SEssION
The Regular Council Meeting was adjourned to an Executive
Session at 7:48 p.m. to discuss City of Columbia Heights vs.
Stauch and the Council appointed Jo-Anne Student, Council
Secretary, to keep a written report; to be followed by the
continued performance evaluation of the City Manager.
RECONVENE REGULAR COUNCIL MEETING
Motion by Sturdevant, second by Ruettimann to reconvene the
Regular Council Meeting at 8:05 p.m. from the Executive
Session which was called to discuss the City of Columbia
Heights vs. Stauch with Jo-Anne Student, Council Secretary,
keeping a written report and that the continued performance
evaluation of the City Manager was continued to Tuesday,
February 24, 1998 at 6:00 p.m. Roll call: All ayes
11. ADJOLrR_NMENT
Motion by Ruettimann, second by Szurek to adjourn the Regular
Council Meeting at 8:06 p.m. Roll call: All ayes
-o-Anne S%udent, --Council
///~ayor/Jo'seph- Stu~devant
Secretary