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HomeMy WebLinkAboutMarch 23, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 23, 1998 1. CALL TO ORDER/ROLL CALL The Mayor called the meeting to order at 7:05 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA The item on the Consent Agenda regarding the establishment of dates for Council work sessions was removed. 4. CONSENT AGENDA Items on the Consent Agenda are considered routine by the City Council and will be enacted on by one motion. Items removed from the Consent Agenda will be considered after the Consent Agenda as the next order of business. A. Adoption of Consent Agenda Motion by Szurek, second by Peterson to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The minutes of the most recent Council Meetings were not complete. 2) Resolution No. 98-37 Being a Resolution to Lew Assessment The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-37 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 by petition/waiver under the "Private Construction Agreements" to construct retaining walls, a driveway, and landscaping, heretofore received: Special Assessments numbered 982, Project 9530. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 2 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 23rd day of March, 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 982, Project 9530. 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 in the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessment may be paid in part or in full without interest on or before April 23, 1998, or in annual installments for a period of two 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 said 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 number PIR 982, Project 9530. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 3 Section 5: This resolution shall take effect immediately upon its passage. Offered by: Szurek Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant 3) Authorization to Attend Out of Town Training The Council authorized the attendance of Officer Joseph Sturdevant and CSO Judy Menth as advisors and four police Explorers at the 1998 State Law Enforcement Explorer Conference on April 23-26, 1998, at Breezy Point, Minnesota. Costs are to be covered out of the 1998 police department budget. 4) Authorization to Attend Out of State Training The Council authorized Officer Joe Sturdevant and CSO Judy Menth, as advisors to the Columbia Heights Explorers, to attend the National Explorer Conference along with four Police Explorers from July 19-25, 1998, in Washington, D.C. Costs are to be covered partially out of the 1998 police department budget and partially through donations received from civic organizations. 5) Close Public Hearing Regarding Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Richard Berg regarding rental property at 4233 Third Street in that the provisions of the Housing Maintenance Code have been complied with. 6) Close Public Hearing Regarding Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Mariella Corbett regarding rental property at 4601-03 Taylor Street in that the provisions of the Housing Maintenance Code have been complied with. 7) Close Public Hearing Regarding Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Billy Teat regarding rental property at 1081-83 Polk Circle in that the provisions of the Housing Maintenance Code have been complied with. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 4 8) Removal of 1,000 Gallon Propane Storage Tank from MSC Yard The Council approved the disposal of 1,000 gallon propane tank and disposal of five (5) 100-lb. propane cylinders. 9) Resolution No. 98-38 Being a Resolution Approving Election Judge List for Special Election The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-38 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE APRIL 21, 1998 SPECIAL ELECTION IN THE CITY OF COLUMBIA HEIGHTS WHEREAS: There are scheduled elections in the City of Columbia Heights; and WHEREAS, Pursuant to City Charter, Section 30 and M. S.S. 204A, the Council shall appoint qualified voters in each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Special Election to be held on April 21, 1998, with an hourly remuneration of $6.50 for a head judge and $6.00 for an election judge. Passed this 23rd day of March, 1998. Offered by: Szurek Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 10. Payment of Bills The Council authorized the payment of bills out of proper funds. 11. Approval of License Applications The Council approved the license applications as listed. Roll call on Consent Agenda: All ayes REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 5 Council Work Sessions for April Motion by Sturdevant, second by Jolly to schedule Monday, March 30, 1998 at 7:00 p.m. as a Council work session and Monday, April 20, 1998 at 8:00 p.m. as a Council and EDA joint work session. Roll call: All ayes 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Recognition 1) Youth Initiative Commission Members of the Youth Initiative Commission introduced themselves and each read a statement regarding the purpose and focus of the Commission. The Commission's Facilitator, Matt Linngren, reviewed the composition of the membership of the Commission. Currently there are twelve members representing grades seven through twelve. There can be a maximum of eighteen members. 2) Proclamation The Mayor read the Arbor Day Proclamation and presented it to the Public Works Director. 3) Presentation Bruce Nawrocki, former Mayor, noted that 1998 is the 100th Anniversary of the Village of Columbia Heights being formed. He addressed some of the history of the City and introduced Paul Tilseth, a life-long Columbia Heights resident. Mr. Nawrocki invited everyone at the Council to share in a birthday cake he had brought to the meeting. With the assistance of the City's librarian, Becky Loader, and a local author, Irene Parsons, everyone at the meeting was served cake. Authorization to Contract with (PDI) for Sergeant/Corporal Promotional Process Motion by Sturdevant, second by Peterson to authorize the City Manager and the Mayor to enter into a contract with Personnel Decisions, Inc. (PDI) for an amount not to exceed $5,000 for the purpose of developing, administering, and grading the promotional process for sergeant and corporal. Funds for this process to come partially from line 3050 of the Police Department budget and partially from unexpended 1998 Police Department funds. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 6 6. PUBLIC HEARINGS A. Resolution No. 98-39 Being a Resolution Regarding Final Resolution with Respect to Housing Bonds for Crest View Corporation John Utley, bond counsel, advised that the closing on the bonds is scheduled for March 3 1st. The revised version of the resolution present on the Council table at tonight's meeting has only dollar amount changes. The document has been viewed and approved as to form by the City Attorney. Motion by Szurek, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY AND HEALTH CARE FACILITIES REVENUE BONDS (CREST VIEW CORPORATION PROJECT) SERIES 1998, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS WHEREAS, the City of Columbia Heights, Minnesota (the "City" or the "Issuer"), is a home rule city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to provide funds to finance a combination multifamily housing development and health care facility within its boundaries, and is authorized to enter into any agreements made in connection therewith and pledge those agreements as security for the payment of the principal of and interest on any such revenue bonds; and REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 7 WHEREAS, 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 $4,400,000, for the benefit of the Crest View Corporation, a Minnesota nonprofit corporation (the "Corporation"), for the purpose of financing the reconstruction, improvement, rehabilitation and equipping, including the construction of a building addition to the existing nursing home and rental housing facilities of the Corporation in the City, including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran Home incurred therefor; and, WHEREAS, on March 19, 1991, the City issued its Board and Care Facility Revenue Bonds (FHA Insured Mortgage Loan - Royce Place Project) Series 199 lA (the"Series 1991A Bonds"), in the original aggregate principal amount of $2,770,000 and its Board and Care Facility Revenue Bonds (Royce Place Project), Series 1991B (the "Series 1991B Bonds"), in the original aggregate principal amount of $560,000 to provide funds to the Corporation to finance the costs of the acquisition, construction, and equipping of a 50- unit board and care facility (collectively, the "Series 1991 Bonds"); and WHEREAS, the Corporation has requested the Issuer to issue its Multifamily and Health Care Facilities Revenue Bonds (Crest View Corporation Project), Series 1998 (the "Bonds"), in the original aggregate principal amount of $10,130,000, to provide funds to the Corporation to defease the Series1987 Bonds, the Series 1991A Bonds, and the 199 lB Bonds to redeem certain other outstanding indebtedness of the Corporation, to finance certain improvements to the existing facilities of the Corporation (the "Facillity"), and to pay the costs of issuing the Bonds and fund a reserve for the Bonds; and WHEREAS, the proceeds of the Bonds will be loaned to the Corporation pursuant to the terms of a Loan Agreement, dated as of March 1, 1998 (the "Loan Agreement"), between the Issuer and the Corporation; and WHEREAS, the loan under the terms of the Loan Agreement will be secured by: (i) a Mortgage and Security Agreement, dated as of March 1, 1998 (the "Mortgage"), executed by the Corporation in favor of the Issuer; (ii) an Assignment of Leases and Rents, dated as of March 1, 1998 (the "Assignment of Leases and Rents"), executed by the Corporation in favor of the Issuer; and (iii) certain other security granted by the Corporation; and REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 8 WHEREAS, the Bonds will be issued under an Indenture of Trust, dated as of March 1, 1998 (the "Indenture"), between the Issuer and Norwest Bank Minnesota, National Association, as trustee (the"Trustee"), and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenue pledged therefor; (ii) shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the issuer's interest in the Facility; and WHEREAS, the loan repayments required to be made by the Corporation under the terms of the Loan Agreement will be assigned to the Trustee under the term of the Indenture and the Issuer's rights as mortgagee under the Mortgage and the Issuer's rights as assignee under the Assignment of Mortgage and Security Agreement, dated as of March 1, 1998 (the "Assignment of Mortgage:), between the Issuer and the Trustee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The Issue acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds and the other actions of the Issuer under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in a principal amount of $10,130,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the Issuer, with the amendments referenced herein. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the principal amount of the Bonds, the determination of the interest rates on the Bonds, and changes to the terms of redemption of the Bonds) as the Mayor and the City Manager of the Issuer (the "Mayor" and "Manager", respectively), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the Manager and the delivery of the Bonds by the Issuer shall be conclusive evidence of such determination. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 9 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues provided by the Corporation pursuant to the Loan Agreement, and other funds pledged pursuant to the Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the Manager of the Issuer to execute and deliver the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Bonds, the Issuer and the Trustee as set forth herein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the Manager shall be conclusive evidence of such determination. 4. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Loan Agreement, the Mortgage, the Assignment of Leases and Rents, the Assignment of Mortgage, dated as of March 1, 1998, between the Issuer and the Trustee (the "Assignment of Mortgage"), the Escrow Agreement, dated as of March 1, 1998, among the Issuer, the Corporation, and the Trustee, relating to the defeasance of the Series 1987 Bonds (the "Series 1987 Escrow Agreement"), the Escrow Agreement, dated as of March 1, 1998 among the Issuer, the Corporation and the Trustee, relating to the defeasance of the Series 1991 Bonds (the "Series 1991 Escrow Agreement"), and the Bond Purchase Agreement, among the Issuer, Piper Jaffray Inc. (the "Underwriter"), and the Corporation (the "Bond Purchase Agreement"). All of the provisions of the Loan Agreement, Mortgage, Assignment of Leases and Rents, Assignment of Mortgage, Series 1987 Escrow Agreement, Series 1991 Escrow Agreement, and Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement Assignment of Mortgage, Series 1987 Escrow Agreement, Series 1991 Escrow Agreement, and Bond Purchase Agreement shall be substantially in the forms on file with the Issuer which are hereby approved, with such omissions and insertions as to not materially change the substance thereof, or as the Mayor and the Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the Manager shall be conclusive evidence of such determination. REGULAR COUNCIL MEET1NG MARCH 23,1 998 PAGE 10 5. The Bonds shall be revenue obligations of the Issuer the proceeds of which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the principal, premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Loan Agreement, the revenues and assets pledged and assigned under the terms of the Mortgage, Assignment of Leases and Rents, and Assignments of Mortgage, and the other sources set forth in the Indenture. 6. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 7. The Mayor and City Manager of the Issuer are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including the Arbitrage Certificate, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary ana appropriate in connection with the issuance, sale and delivery of the Bonds. 8. The Issuer has not participated in the preparation of the Preliminary Official Statement, dated March 15, 1998 (the "Preliminary Official Statement"), or the Official Statement relating to the Bonds (the "Official Statement") and has made no independent investigation with respect to the information contained therein, including the Appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by the Underwriter in connection with the sale of Bonds of the Preliminary Official Statement, in the form on file with the Issuer, and the Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the Issuer for use in connection with the offer and sale of the Bonds. The Issuer hereby approves the Continuing Disclosure Agreement, dated as of March 1, 1998 (the "Continuing Disclosure Agreement"), between the Corporation and Trustee, in the form now on file with the Issuer, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement. 9. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 11 Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Issuer or by members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personal liability or accountability by reason of the issuance thereof. No provisions, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any change upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues other than funds and revenues derived from the Loan Agreement, Mortgage, Assignment of Leases and Rents, and Assignment of Mortgage which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 10. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any holder of the Bonds issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any holder from time to time of the Bonds issued under the provisions of this resolution. 11. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3 hereof, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 12 12. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 13. The officers of the Issuer, bond counsel, other attorneys, engineers, and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which execution or acts shall be valid and binding on the Issuer. If for any reason the Manager of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by a member of the City Council or the City Clerk-Treasurer, with the same force and effect as if such documents were executed and delivered by the Manager of the Issuer. 14. This resolution shall be in full force and effect from and after its passage. Offered by: Szurek Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION: I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on March 23, 1998. Jo-Anne Student Deputy City Clerk REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 13 Councilmember Ruettimann requested that this approval be subject to the City Attorney's reviewal. He also requested that the City Attorney send a memo to members of the Council that he has reviewed this document. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Award of Contract for Zone 3 Street and Utility Improvements and Adoption of Resolution No. 98-40 Motion by Ruettimann, second by Peterson to award the contract for Municipal Project #9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727, 9728, 9729, 9730, 9731, 9732, and 9743 to Midwest Asphalt Corporation of Hopkins, Minnesota, based on their low, qualified, responsible bid of $1,097,425.35, accepting Alternate B for HDPE storm sewer pipe; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same with funding from the appropriate funds. Roll call: All ayes Motion by Ruettimann, second by Szurek to approve the declaration of the official intent of the City of Columbia Heights to bond for street rehabilitation work. Roll call: All ayes Motion by Ruettimann, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-40 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met: and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: REGULAR COUNCIL MEET1NG MARCH 23,1 998 PAGE 14 1. The City reasonably intends to make expenditures for a proeject consisting of Street Rehabilitation and Utility work identified as the Zone 3 Street Rehabilitation Project, and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series of the maximum principal amount of $1,150,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulation, or ruling. Passed this 23rd day of March, 1998. Offered by: Jolly Seconded by: Ruettimann Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student CERTIFICATION: State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 23rd day of March, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk 2. First Reading of Ordinance No. 1370 (Draft Nos. #1 and #2) Being an Ordinance Pertaining to the Licensing of Pool/Billiard Halls The Police Chief reviewed the request of the pool hall owner and both drafts of the Ordinance. REGULAR COUNCIL MEET1NG MARCH 23, 1998 PAGE 15 Councilmember Ruettimann felt the drafts of the ordinance were confusing and appeared to be changing all hours of operation of the pool hall. He suggested that notification to minors on the premises should be made an hour before curfew and this should be added to the ordinance. He recommended that some of the language in the ordinance needed to be clarified before it received its second reading. The Police Chief stated he now has additional concerns regarding the pool hall since he has visited the establishment. The environment relative to smoking being allowed was one of his primary concerns. He suggested that smoking be allowed only at certain times. The owner of the pool hall felt the regulation regarding smoking was not feasible, that it was too restrictive, and was discriminatory. Councilmember Ruettimann requested the drafts of the ordinance be referred back to the License Review Committee. The Committee could again view the ordinance and return any further recommendations to the Council at a work session. Motion by Ruettimann, second by Sturdevant to table further discussion of this ordinance until the next Council work session. Roll call: All ayes 3. Action Regarding Rental License Revocation for Rental Property Located at 943 42nd Avenue Owned by James Egge Motion by Sturdevant, second by Ruettimann to close the public hearing regarding the revocation or suspension of the rental license held by James Egge regarding rental property at 943 42nd Avenue in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes B. Bid Considerations There were no bid considerations. C. Other Business This item was addressed earlier in the meeting. REGULAR COUNCIL lVfEET~G MARCH 23, 1998 PAGE 16 S. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager advised that wrap-up material will be coming from the Goal Setting Retreat Facilitator. This material will include information regarding the exterior and interior goals and the action plan. There will be regular progress reports to the Council. B. Report of the City Attorney The City Attorney was not m attendance. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes of the January 15, 1998 Charter Commission Meeting and of the March 9, 1998 Library Board Meeting were included in the agenda packet. No Council action was required. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There were no citizens present for comment. 11. ADJOURNMENT Motion by Ruettimann, second by Sturdevant to adjourn the meeting at 8:35 p.m. Roll call: All ayes .,~o-Anne Student, Council Secretary c~.il Mayo~ Joseph Sturdevant