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HomeMy WebLinkAboutSeptember 24, 2001OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 24, 2001 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 24, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Mayor Peterson indicated that in the past Council meetings began with an invocation. Following a meeting with the City Manager and Lonny Titus, Chaplin for the House of Representatives regarding the legality and constitutionality of prayer at public meetings, Mayor Peterson stated the invocations would resume. He also met with the ministerial group of our community, who are excited to help by leading the invocations. Peterson indicated this was meant to "bring us back together ". He referred to the President's speech asking for the unity and prayer of our nation. Mayor Peterson introduced Rev. Brutlag, of St. Matthews. INVOCATION-Rev. Keith Brutlag, St. Matthew Lutheran Church, 4101 Washington Street NE Reverend stated he is the leader of the clergy in Columbia Heights, where there is broad based support to take part in this process, as we serve the same people. Nawrocki indicated invocations ended when it was a problem getting clergy to come to the meetings, and his hope that this would be a success. Rev. Brutlag stated there are at least a dozen clergy who have indicated willingness to do this. Wyckoff stated that she had questioned renewing the invocation because we are a diverse community and wanted every group represented. This issue was not discussed with her and she did not agree that in the absence ora clergy, a layperson could give the invocation. Theresa Craft, minister at Crest Fiew, had suggested to Wyckoff that ifa clergy were not present, a moment of silence would be appropriate. Reverend Brutlag indicated he would be contacting the Mosque, hoping to obtain consent to have them represented as well. Peterson stated that Titus indicated the invocation should be non- denominational, non-issue and non-political. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmembers Marlaine Szurek, Julienne Wyckoff, Bobby Williams, and Bruce Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA -None CONSENT AGENDA Peterson removed Item/~5, Multi-housing Revenue Bonds'. Nawrocki asked to have removed Items/~ 4 Calling for a Public Hearing HRA/EDA, and/~6 Establish Board of Appeals. City Manager Walt Fehst went through the remaining items. A) Motion by Nawrocki, second by Wyckoff, to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the September 10, 2001, regular City Council meeting as presented. City Council Minutes September 24, 2001 Page 2 of 19 2) Establish Work Session Meeting Date for Monday, October 1, 2001 beginning at 7:00 p.m. Motion to establish Work Session meeting date for Monday, October 1, 2001 beginning at 7:00 p.m. Fehst stated that Council had previously set a budget review meeting for October 15, 2001. Fehst fisted proposed agenda items for the October 1, 2001 work session meeting: · League of Minnesota Cities Membership · Replacement of Library Public Access Catalog Terminals · Workers Compensation close out of prior years when we were self insured by the LMC · Modification of Tax Increment Financing Plan for housing redevelopment of District gl · Purchase of 3718 Central -Von Heideman property. 3) Establish a hearing date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property at 344 40th Ave, 5248-5250 Washington Street, 3732 3rd Street. 4943-4945 Jackson Street, 1124-1126 45th Avenue, 1266-1268 Circle Terrace, 1242-1244 Circle Terrace, 1248-1250 Circle Terrace, and 4919-4921 Jackson Street Motion License Gondek to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a to Operate a Rental Property within the City of Columbia Heights against John T. at 344 40th Avenue NE. Motion License Wegner to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a to Operate a Rental Property within the City of Columbia Heights against Kimberly at 5248-5250 Washington Street NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Dale Frenzel at 3732 3rd Street NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Scott Fakler at 4943-4945 Jackson St NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Haris Saihgal at 1124-1126 45th Avenue NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Jerald Janson at 1266-1268 Circle Terrace Boulevard NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Gerald Janson at 1244-1242, 1248-1250 Circle Terrace Blvd NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Michael Johnson at 4919-4921 Jackson St NE. City Council Minutes September 24, 2001 Page 3 of 19 4) Adopt Resolution No. 2001-55, calling for a public hearing date of October 22, 2001 for the modification of the Enabling Resolution to transfer Economic Development Authority activities to the Housing Redevelopment Authority - Removed 5) Adopt Resolution No. 2001-54, being a Resolution ratifying and approving a housing program, authorizing the issuance, sale, and delivery of its multifamily housing revenue bonds (GNMA Collateralized Mortgage Loan - Crest View ONDC I Project), Series 200lA-1 and taxable series 200 l-A-2; Payable solely from revenues pledged pursuant to the indenture; and authorizing the issuance, sale and delivery of its multifamily housing revenue note (Crest View ONDC I Project), Subordinate series 200lB, payable solely from revenues pledged pursuant to a note agreement; approving the form of and authorizing the execution and delivery of the bonds and the note, and related documents; and providing for the security, rights, and remedies with respect to bonds and the note. Removed 6) Establish Board of Appeals Removed 7) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 24, 2001 as presented. 8) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Upon vote: all ayes. Motion carried. Item #4 - Adopt Resolution No. 2001-55, calling for a public hearing date of October 22, 2001 for the modification of the Enabling Resolution to transfer Economic Development Authority activities to the Housing Redevelopment Authority. Nawrocki stated his opposition to creating another board, as it is inefficient and would add to the expense of the City's operation. Motion by Williams, second by Szurek, to waive the reading of Resolution No. 2001-55, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, to adopt Resolution 2001-55, being a resolution calling a Public Hearing regarding modification of the Enabling Resolution for the Columbia Heights Economic Development Authority for Monday, October 22, 2001 at approximately 7:00 p.m. Wyckoff questioned ifa Council member wouM be required to step down from the Housing and Redevelopment Authority (HRA). Steve Bubul, of Kennedy and Graven, stated the HRA needs to look at complying with HUD requirements, and must offer a place on the Board to a resident of public housing. We can modify the size of the Board to an odd number by adding two members, or replace one member and stay arrive members to accommodate this. Nawrocki stated there is nothing in this resolution to expand the body. Bubul stated that the resolution is to modify the enabling resolution to transfer Economic Development Authority (EDA) activities to the HRA, as State law has been modified to accommodate this HUD regulation. The number of members would have to be faced following this decision in October. Nawrocki questioned how there was an HRA levy for four to five years, while there was no estabfished HRA Board. Bubul stated the concept in creating the EDA was to administer all authority of the HRA and was given the power to authorize the Levy. City Council Minutes September 24, 2001 Page 4 of 19 Harold Hoium, 4315 5th, stated the location of the pubfic hearing was not indicated. Peterson stated it would be in the City Council chamber. Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. RESOLUTION NO. 2001-55 RESOLUTION CALLING A PUBLIC HEARING REGARDING MODIFICATION OF THE ENABLING RESOLUTION FOR THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota ("City") as follows: WHEREAS, the City Council established the Columbia Heights Economic Development Authority ("CHEDA") by Resolution No. 96-01 approved January 8, 1996 (the "Enabling Resolution"), pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act"); and WHEREAS, the Council transferred to CHEDA the control, authority and operation of all projects and programs formerly owned and administered by the Housing and Redevelopment Authority in and for the City of Columbia Heights ("HRA"); and WHEREAS, the Council has determined to reallocate the respective powers of the HRA and CHEDA by ordinance, as authorized under Section 469.094, subdivision 1 of the EDA Act; and WHEREAS, the Council has on this date approved the first reading of an ordinance that generally allocates the powers related to low and moderate income housing to the HRA and powers related to economic development and redevelopment to CHEDA; and WHEREAS, the City desires to modify the Enabling Resolution in order to conform the EDA's powers to the limitations specified in the ordinance; and WHEREAS, the City is authorized to modify the Enabling Resolution after notice and public hearing as required for adoption of the original Enabling Resolution under the EDA Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The City Council will hold a public hearing regarding modification of the Enabling Resolution on Monday, October 22, 2001. 2. City staff and consultants are authorized to prepare a modification to the Enabling Resolution consistent with the ordinance described in this resolution, publish a notice of hearing in accordance with the EDA Act, and take all other actions necessary to bring the modification to the Enabling Resolution before the Council a the public hearing. Passed this 24th day of September 2001. Motion by: Second by: Roll Call: Williams Szurek Aye: Williams, Szurek, Wyckoff, Peterson Nay: Nawrocki Passed 4-1 City Council Minutes September 24, 2001 Page 5 of 19 Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson Item #5 - Adopt Resolution No. 2001-54, being a Resolution ratifying and approving a housing program, authorizing the issuance, sale, and delivery of its multifamily housing revenue bonds (GNMA Collateralized Mortgage Loan - Crest View ONDC ! Project), Series 200lA-1 and taxable series 2001- A-2; Payable solely from revenues pledged pursuant to the indenture; and authorizing the issuance, sale and delivery of its multifamily housing revenue note (Crest View ONDC ! Project), Subordinate series 200 lB, payable solely from revenues pledged pursuant to a note agreement; approving the form of and authorizing the execution and delivery of the bonds and the note, and related documents; and providing for the security, rights, and remedies with respect to bonds and the note. Bubul stated the request is for Bonds and Note for the Crest View 50 unit assisted riving housing unit. The Bonds and the Note are to be revenue obligation of the City, not general obligations of the City. The taxing power of the City is not pledged to the payment of the Bonds or the Note, and are payable solely from the revenues and property pledged Bubul indicated the increase from $5.2 million to $5.3 million on the bond and $200,000 increased to $400,000 on the Note. Both amounts are below the prior amount approved in public hearings. Nawrocki questioned the different bond series, and authorization of the Mayor and City Manager to make changes. Bubul stated the maximum amount of SS. 3 million couM be split in a series, one tax exempt and one taxable. The $400,000 Note is a separate instrument to compensate part of the development fee. Bubul stated the Bonds can change in relatively small ways until the Bond closing, and is a common procedure, but they wouM not be allowed to go above the approved amount. Nclwrocki asked who the trustee was. Bubul stated it is US Bank. Nawrocki asked why the appendixes are blank. Bubul stated these are for detailed information about the project and provided by the developer. Keith dans, Real Estate Equities, gave a summary of the documents that will be attached Nawrocki questioned the rents to be charged and how residents couM afford to pay these rents. dans stated the rates are affordable for assisted living. Nawrocki questioned blanks for the maximum construction price, dans explained the HUD mandates which control this. Nawrocki questioned Riley Mortgage Group. dans stated they are the lender on the mortgage. Nawrocki questioned why the City should faciritate this business to obtain funding. Fehst stated this would help make available affordable, assisted senior housing. Nawrocki asked how a senior citizen on a limited income couM pay $1, 750 in rent per month. Shirley Barnes, Crestview Corporation, stated that assisted living includes rent and services, and listed the services provided 17 names are currently on the waiting rist for this facirity. There are grants available through Anoka County and the State, which help to pay for housing and services for people in need One- third of the residents in their other facirity, Royce Place, are in need of subsidy to live there. Wyckoff asked if the Crest View staff helps parties find these grants. Barnes indicated they are put in contact with the Anoka County Intake Director. Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2001-54, there being ample copies available to the public. HaroM Hoium requested a City representative read this document. Upon vote: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Nayes - 0. Motion carried. City Council Minutes September 24, 2001 Page 6 of 19 Motion by Szurek, second by Williams, to adopt Resolution No. 2001-54, being a Resolution ratifying and approving a housing program, authorizing the issuance, sale, and delivery of its multifamily housing revenue bonds (GNMA Collateralized Mortgage Loan - Crest View ONDC ! Project), Series 200 lA-1 and taxable series 200 l-A-2; Payable solely from revenues pledged pursuant to the indenture; and authorizing the issuance, sale and delivery of its multifamily housing revenue note (Crest View ONDC ! Project), Subordinate series 200 lB, payable solely from revenues pledged pursuant to a note agreement; approving the form of and authorizing the execution and delivery of the bonds and the note, and related documents; and providing for the security, rights, and remedies with respect to bonds and the note. HaroM Hoium requested the information be read to the public. Upon vote: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Nayes - 0. Motion carried. RESOLUTION NO. 2001-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, RATIFYING AND APPROVING A HOUSING PROGRAM, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS (GNMA COLLATERALIZED MORTGAGE LOAN-- CREST VIEW ONDC I PROJECT), SERIES 200lA-1 AND TAXABLE SERIES 2001A-2, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; AND AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE NOTE (CREST VIEW ONDC I PROJECT), SUBORDINATE SERIES 200lB, PAYABLE SOLEY FROM REVENUES PLEDGED PURSUANT TO A NOTE AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE NOTE AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS AND THE NOTE WHEREAS, the City of Columbia Heights, Minnesota (the "City"), is a home rule city and political subdivision duly organized and existing under its Charter and 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 City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds or other obligations to make a loan to finance a multifamily housing development, including the financing of the costs of the acquisition and preparation of a site and the construction of a new multifamily housing development for rental primarily to elderly persons; and WHEREAS, a multifamily housing development may consist of a multifamily housing development and a new health care facility if: (i)the multifamily housing development is designed and intended to be used for rental occupancy; (ii)the multifamily housing development is 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 in the development to the residents; and WHEREAS, in the issuance of its revenue bonds or obligations and in the making of a loan to finance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that City Council Minutes September 24, 2001 Page 7 of 19 the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, Crest View ONDC I, a Minnesota nonprofit corporation (the "Borrower"), has requested that the City issue its multifamily housing revenue bonds under the Act and lend the proceeds thereof to the Borrower to finance a multifamily housing development to be known as Crest View on 42nd and described as follows: (i) a 50-unit assisted living facility for occupancy by elderly persons comprised of forty-one (41) units of conventional assisted living units and nine (9) special care units; (ii) to be housed in a single three- story building of approximately 40,000 square feet; and (iii) to be located at 916-42nd Avenue N. E. in the City (the "Project"); and WHEREAS, the City has prepared a housing program (the "Housing Program" or "Program"), a copy of which is on file with the City, to authorize the issuance by the City of up to $6,250,000 in revenue bonds to finance the acquisition, construction, and equipping by the Borrower of the Project; and WHEREAS, the Housing Program was prepared and submitted to the Metropolitan Council for its review on February 1, 2001; and WHEREAS, following the publication of a notice (the "Public Notice") of a public hearing (in which a general, functional description of the Project was provided, as well as the maximum aggregate face amount of the obligations to be issued with respect to the Project, the identity of the initial owner, operator, or manager of the Project, and the location of the Project by street address) in a newspaper circulating generally in the City at least fifteen (15) days before the regularly-scheduled meeting of the City Council of the City on February 26, 2001, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Housing Program and the proposed issuance of the Bonds (as defined below), and the location and nature of the Project; and WHEREAS, the proceeds derived from the sale by the City of its Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan--Crest View ONDC I Project), Series 200lA-1 (the "Series A-1 Bonds"), and Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan--Crest View ONDC I Project), Taxable Series 2001A-2 (the "Series 2001A-2 Bonds", and collectively with the Series 200lA-1 Bonds, the "Bonds") to be issued to finance the Project will be loaned to the Borrower pursuant to the terms of a financing Agreement, dated as of October 1,2001 (the "financing Agreement"), between the City, the Borrower, Reilly Mortgage Group, Inc. (the "Lender"), and U.S. Bank Trust National Association, as trustee (the "Trustee"), whereby the City will apply the proceeds derived from the sale of the Bonds to fund a loan (the "Mortgage Loan") by the Lender to the Borrower, to be evidenced by a promissory note (the "Mortgage Note") of the Borrower, secured by a mortgage lien (the "Mortgage") on the Project and to be insured by the federal Housing Administration ("fHA"), and upon endorsement of the Mortgage Loan by the FHA, the Lender is to issue and deliver to the Trustee, as security for the Bonds, a security (the "GNMA Security") issued by the Lender and guaranteed as to timely payment of principal and interest by the Government National Mortgage Association ("GNMA"); and WHEREAS, the Bonds will be issued under a Trust Indenture, dated as of October 1, 2001 (the "Indenture"), between the City and the Trustee, and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City 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 City other than the City's interest in the Project and the financing Agreement; and City Council Minutes September 24, 2001 Page 8 of 19 WHEREAS, the proceeds derived from the sale by the City of its Multifamily Housing Revenue Note (Crest View ONDC I Project), Subordinate Series 200lB (the "Note"), to be issued to finance the Project will be loaned to the Borrower pursuant to the terms of a Note Agreement, dated as of October 1, 2001 (the "Note Agreement"), between the City and the Borrower, and applied by the Borrower to the payment of certain costs of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that the issuance of the Bonds and the Note is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds and the Note and the other actions of the City under the Indenture, the Financing Agreement, the Note Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 2. The City understands that the Borrower will pay directly or through the City any and all costs incurred by the City in connection with the Program, whether or not the Project is completed, and whether or not the Bonds are issued. 3. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Bonds in one or more series in the maximum aggregate principal amount not to exceed $5,300,000. The Bonds shall bear interest at the rates, shall be designated, 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 City, with the amendments referenced herein. The City hereby authorizes the Bonds to be issued, in whole or in part, as "tax-exempt bonds" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 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 forms in the Indenture on file with the City, which forms are hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturities of the Bonds, the interest rates on the Bonds, the terms of redemption of the Bonds, and variation from City policies regarding methods of offering conduit bonds) as the Mayor and the City Manager (the "Mayor" and "City Manager"), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 4. The Bonds shall be special limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Financing Agreement, and other funds pledged pursuant to the Indenture. The City Council of the City hereby authorizes and directs the Mayor and the City Manager 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 City and the Trustee as set forth therein. 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 City, which is hereby approved, with such necessary and appropriate variations, City Council Minutes September 24, 2001 Page 9 of 19 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 City Manager shall be conclusive evidence of such determination. 5. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Indenture, the Financing Agreement, and the Bond Purchase Agreement, between the City, U.S. Bancorp Piper Jaffray Inc. (the "Underwriter"), and the Borrower (the "Bond Purchase Agreement"). All of the provisions of the Indenture, Financing Agreement, and Bond Purchase Agreement, when executed and delivered 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, Financing Agreement, and Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such 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 City Manager shall be conclusive evidence of such determination. 6. The Bonds shall be revenue obligations of the City the proceeds of which shall be disbursed pursuant to the terms of the Indenture and the Financing 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 Financing Agreement, and the other sources set forth in the Indenture. 7. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 8. The Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds and the Note, including the City Tax Certificate, the Tax Exemption Agreement, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds and the Note. The City hereby approves the execution and delivery by the Trustee of the Indenture and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Bonds and the Note that require execution by the Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinions with respect to the Bonds and the Note. 9. The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Bonds (the "Official Statement"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Bonds of the Official Statement, in the form on file with the City, and deems such Official Statement to be a "near final official statement" as of its date, as defined in Securities and Exchange Commission Rule 15c2-12. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. The City hereby approves the Continuing Disclosure Agreement, dated as of October 1, 2001 (the "Continuing Disclosure Agreement"), between the Borrower and the Trustee, in the form now on file with the City, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement. 10. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City City Council Minutes September 24, 2001 Page 10 of 19 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 City, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer or employee executing the Bonds or the Note shall be liable personally on the Bonds or the Note or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds, the Note, or in any other document relating to the Bonds or the Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Financing Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture, and other than funds and revenues derived from the Note Agreement which are to be applied to the payment of the Note, as provided therein. 11. 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 City, any holder of the Bonds, or any holder of the Note 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 City, and any holder from time to time of the Bonds or the Note issued under the provisions of this resolution. 12. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 4 hereof, or of the aforementioned documents, or of the Bonds or the Note 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, or of the Note, but this resolution, the aforementioned documents, and the Bonds and the Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 13. 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. 14. For the purpose of providing additional financing for the Project, the Note, to be dated as of October 1, 2001, is hereby authorized to be issued by the City in the original aggregate principal amount of not to exceed $400,000. The City hereby authorizes the Note to be issued, in whole or in part, as a "tax- exempt bond" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. The Note shall be issued in one or more series, shall bear interest at such rate, shall be in such denomination, 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 details and provisions as are prescribed in the Note substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions (including changes to the aggregate principal amount of the Note, the stated maturity of the Note, the interest rates on the Note, the terms of redemption of the Note, and City Council Minutes September 24, 2001 Page 11 of 19 variation from City policies regarding methods of offering conduit bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Note by the City shall be conclusive evidence of such determination. 15. The proceeds derived from the sale of the Note are to be loaned to the Borrower pursuant to the terms of the Note Agreement. The Borrower is required to make loan repayments (the "Loan Repayments") under the Note Agreement on such dates and in such amounts to provide revenues sufficient to pay the principal of and interest on the Note when due. The Loan Repayments are to be assigned to the holders of the Note pursuant to the terms of an Assignment of Note Agreement, to be dated as of October 1, 2001 (the "Assignment"). The Mayor and City Manager are hereby authorized and directed to execute and deliver the Note, the Note Agreement, and the Assignment. All of the provisions of the Note, the Note Agreement, and the Assignment, when executed and delivered 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 Note, the Note Agreement, and the Assignment shall be substantially in the forms on file with the City which are hereby approved, with such 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 City Manager shall be conclusive evidence of such determination. 16. The Note shall be a revenue obligation of the City the proceeds of which shall be disbursed pursuant to the terms of the Note Agreement, and the principal, premium, and interest on the Note shall be payable solely from the proceeds of the Note and the revenues derived from the Note. Payment of the Note is expressly subordinated to the payment of the Bonds and the Note is not secured by any interest in the Project. The Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note 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 Note, 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. 17. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City 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 and the Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds and the Note, the aforementioned documents, and this resolution. In the event that for any reason the Mayor of the City 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 City shall be authorized to act in his capacity and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. 18. This resolution shall be in full force and effect from and after its passage. Adopted this 24th day of September 2001. Motion by: Second by: Roll Call: Szurek Williams Ayes: Williams, Szurek, Wyckoff, Nawrocki and Peterson Nayes: none City Council Minutes September 24, 2001 Page 12 of 19 Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson #6. Establish Board of Appeals Motion by Williams, second by Szurek, to approve the proposal to remove the Planning and Zoning Commission as the Board of Appeals, to be replaced by a non-political Board of Appeals, having a genuine interest in the community, knowledgeable in codes, zoning issues, maintenance issues, and knowledgeable in design and construction. Wyckoff stated this motion makes it sound tike the Planning and Zoning Commission (P&Z) is being entirely removed. Hoefi explained that the City Code includes a Board of Appeals and which is the same as the P & Z. This request would begin the process to estabfish a non-pofitical board which would remove just those duties from the P & Z. Hoefi stated that the next step is to estabfish the group and then to bring forth an Ordinance estabfishing the Board of Appeals. Council requested the motion reflect this. Nawrocki felt there was no need to estabfish another board as appeals' shouM come before the City Council as the elected officials' of the community. Hoefi stated the procedure is set by Code. Szurek relayed the one appeal she experienced in eleven years as a P & Z member and how upset the resident was that the same Board made decisions for both groups. Szurek stated the only other recourse for a resident is to take the matter to court. She felt estabfishing this Board would stop peoplefromfeefing that the P & Z has more authority than it should. There would be experts' in estabfished areas and the City Attorney sitting on this Board. Williams questioned what would happen if this non-pofitical board made a bad decision. Peterson stated if it was a structural situation the Council could also make a bad decision that could cause a problem. Hoefi stated that this request came from the pubfic. Nawrocki stated that with the same attorney giving advise to both groups, there may be the same problem. Fehst stated the proposed Board would consist of an engineer, an architect, a general contractor, a specialty contractor, and a layperson, which is part of the Uniform Building Code. This is considered a check on the viability of the building official. Peterson read the Board of Appeals section from the Building Code. Joyce Meier, 4931 Jackson, indicated the Building Official should not have autocratic rights'. Harold Hoium commented that the Council does not receive reports from their Department of Welfare and Safety, as they should. Upon vote: Ayes: Williams, Szurek, Wyckoff, and Peterson. Nayes - Nawrocki. 4 -1. Motion carried. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations-none B) Presentations School Based Partnership Grant program - Michelle Steichen Overby Chief Johnson introducedMichelle Steichen Overby, the 2000-2001 school year Research/Crime Analyst. He stated that a presentation of the results' was also given to the School Board and they were pleased that we have safe and comfortable schools' to send our kid to. Johnson indicated that Overby has put together a future plan to keep our schools' safe. City Council Minutes September 24, 2001 Page 13 of 19 Overby gave an oral and visual summary presentation of her research on violence in our high school. She gave statistics obtained through student and teacher surveys, a 2000 survey conducted by the Attorney General, and described the Non-violence Awareness Week activities she organized. Students' requested that the Non-violence Week be held each year. Overby indicated that overall, students felt very safe in the high school. c) D) Introduction of New Employees -none Recognition Richard Hubbard - Retirement from Library Board after 11 years and 8 months Peterson announced the retirement of Richard Hubbard from the Library Board, stating he has been a very active and valuable member of the Library Board and the community. The Mayor presented Mr. Hubbard with an engraved clock. Hubbard thanked the Mayor, City Council, and CiO; Manager for the opportunity to serve on this Board. He felt it was his duty, and every citizen's responsibility to serve their community. Bec/fy Loader, Library Director, publicly thanked for him for being a loyal employee of the Library, and commented that in almost twelve years, Mr. Hubbard only missed two meetings. PUBLIC HEARINGS A) Rental Housing Revocation for 4643 Pierce Street Mayor Peterson closed the public hearing as the property has been brought into compliance with the Housing Maintenance Code. B) Approve Reallocation of CDBG Funds used to acquire and raze property at 4645 Monroe Street Dm Johnson, City Planner, stated this property was purchased with CDBG funds, and after reallocation of these funds the City will be able to pursue other uses for the property. Motion by Williams, second by Szurek, to approve the reallocation of Community Development Block Grant (CDBG) Funds that were used to acquire and raze property at 4656 Monroe Street NE, to be used for either commercial revitalization or housing rehabilitation activities. Nawrocki questioned if there is a specific alternative use for the money. Johnson suggested commercial revitalization, housing rehabilitation, senior housing or planning grants'. Nawrocki suggested placing the funds in a land trust to promote affordable housing. The funds could require the beneficiary be a resident of Columbia Heights, and not only the first owner, but also subsequent owners would carry out the continuation of affordable housing. Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. Fehst suggested working with the County on a Land Trust Program. Mayor Peterson asked the government class students to come forward and introduce themselves. Five students came forward. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions City Council Minutes September 24, 2001 Page 14 of 19 1) Second Reading of Ordinance 1440, being an Ordinance pertaining to the Rezoning of certain properties located at 1529 37th Avenue NE and 1601 37th Avenue NE Johnson stated this involves the rezoning from residential to light business the properties occupied by the Johnson Hair Salon and Dave ' s Heating and Refrigeration. He stated that when the owner of the hair salon warned to sell her property, the buyer could not get commercial funding because the property was zoned residential. Council President Szurek called for the motions. Motion by Wyckoff, second by Williams, to waive the reading of Ordinance No. 1440, there being ample copies available to the public. Upon Vote: 4 ayes, 0 nayes, Peterson absent. Motion carried. Motion by Wyckoff, second by Williams, to adopt Ordinance No. 1440, being an Ordinance pertaining to the rezoning of certain properties located at 1529 37th Avenue NE and 1601 37th Avenue NE. Wyckoff asked if anyone has spoken to Mr. Robert; about parking issues. Johnson stated this was addressed at the P&Z meeting, but had not spoken to the owner. Williams stated that he had encouraged Robert; to purchase the salon property. Diane Neeb, 1529 37th Avenue, (owner of the beauty salon.), stated this request for rezoning came as a result of being unable to sell theproperty because of the zoning. She stated that ever since she purchased the property she assumed it was zoned commercial, as the tax statement always listed it as commercial/industrial. Under the current City zoning she wouM only be allowed to sell to a tanning studio, nail studio or beauty ,'hop. Mr. Robert," comment to her was that he wouM be willing to go to a larger building. Neeb indicatedherproperty is too small to sell as residential. Nawrocki spoke of parking and clutter problems at 1601 3 7th Avenue, and stated his reluctance to support changing the zoning until there is an effort to clean up the area and consider parking alternatives. Williams asked if the Mr. Robert; could purchase Ms. Neeb 's property and put his business there with the new zoning. Hoeft stated that in an LB district, a case-by-case analysis would be required. Peterson stated these properties have been used commercially for at least 50 years and he indicated that Ms. Nebb ','property has always been neat and clean. HaroM Hoium stated this seemed to be spot rezoning. Peterson indicated it wouM not change the type of usage. Nawrocki requested to divide the motion. Hoefi indicated the Mayor couM make the decision if the motion should be divided. Nawrocki indicated he would support rezoning the beauty ,'hop property, but not the other property. Szurek stated that not rezoning the property would not solve the problem and that the owner realizes he has outgrown this property. Peterson stated that if the zoning were changed Mr. Robert's would have the option to sell to a smaller business that need; less parking. Peterson indicated the motion would not be divided. Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. City Council Minutes September 24, 2001 Page 15 of 19 ORDINANCE NO. 1440 BEING AN ORDINANCE PERTAINING TO THE REZONING OF CERTAIN PROPERTY LOCATED AT 1529 37Tn AVENUE NE AND 1601 37m AVENUE NE Section 1: That certain property legally described as: The east 50 feet of Lot 3, Block 16, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 34 0029); and That certain property legally described as: The east 26 feet of the west 56 feet of Lot 4, Block 7, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 43 0042) Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to LB, Limited Business District, upon the effective date of said ordinance. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: September 10, 2001 September 24, 2001 September 24, 2001 Offered by: Seconded by: Roll Call: Szurek Williams Ayes: Williams, Szurek, Wyckoff, Peterson Nayes: Nawrocki Carried 4-1 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Mayor Peterson moved the Ordinance relating to Housing Authority Powers up to the next item on the agenda. 2) First Reading of Ordinance No. 1442 being an Ordinance relating to the division of Economic Development, Redevelopment and Housing Powers between the Economic Development Authority and the Housing and Redevelopment Authority Steve Bubul, Kennedy and Graven, described the original change of the Housing and Redevelopment Authority (HRA) to the Economic Development Authority (EDA) in 1996, and State Statute allowing the division of the powers of these boards'. This division would reallocate powers so the EDA would have powers for development and redevelopment and Tax Increment housing and the HIM would focus on the Section 8 program and Public Housing. Motion by Williams, second by Wyckoff, to waive the reading of Ordinance No. 1442, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki requested a copy of State Statute Section 469 deafing with the HRA and EDA. Bubul asked that the second reading of the Ordinance be scheduled for October 22 to coincide with the Public Hearing of the related Resolution. Motion by Williams, second by Wyckoff, to establish a second reading for Ordinance No. 1442, being an Ordinance relating to the division of Economic Development, Redevelopment and Housing City Council Minutes September 24, 2001 Page 16 of 19 Powers between the Economic Development Authority and the Housing and Redevelopment Authority for Monday, October 22, beginning at approximately 7:00 p.m. HaroM Hoium asked the location of this meeting. Peterson indicated it would be hem in the Council Chambers. Hoium felt the City did not need more affordable housing, as there are Habitat homes currently standing empty. Fehst stated the HIM wouM mainly deal with Parkview l/illa. Peterson stated there wouM be two Habitat homes dedicated on Saturday, September 29th at 10.'00 a.m., after which these homes will be occupied Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. 3) First Reading of Ordinance No. 1441, being an Ordinance amending Ordinance 853, City Code of 1977 eliminating Taxicab licensing and setting requirements for Taxicabs within the City Motion by Williams, second by Wyckoff, to waive the reading of Ordinance No. 1441, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Wyckoff, to establish the second reading of Ordinance No. 1441, being an Ordinance amending Ordinance 853, City Code of 1977 Eliminating Taxicab Licensing in Columbia Heights and Setting Requirements for Taxicabs within the City, for Monday, October 8, 2001 beginning at approximately 7:00 p.m. Nawrocki stated he was in favor of the concept, but was not sure the Ordinance with these deletions would stand, and asked who would enforce the operations of the Ordinance. Chief Johnson indicated it would be enforced following user complaints. He stated that the ordinance would allow any taxicab and taxicab driver that is licensed by any other political subdivision or the Minneapolis/St. Paul International Airport to be allowed to pick up and drop off passengers in our community. Chief Johnson stated that complaints called to 911 would be responded to. Williams called for the question. Upon vote: All ayes. Upon vote of the original motion: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Nays 0. Motion carried. c) D) Bid Considerations Other Business 1) Auto World Car Show Peterson indicated the Auto World Car Show last Saturday from 3-7 showed wonderful cars and had excellent music. A local car club helped to organize and park cars, which resulted in cars being parked on park property. Peterson stated the group moved the cars when the error was realized and apologized Nawrocki stated that he asked to have this on the agenda. He stated there were far more than two cars parked on park property. He questioned who authorized the event, as it did not come before Council, as did the Hyland Drive-in request, and closing the alley for a private purpose. Nawrocki indicated the event request was for the alley, not the streets and boulevards that were used He stated the car show should have been held in a place where there would have been ample room. Williams felt the event was a promotion for the CIO;. He read a letter from defraud Cher Bakken and their friends, which suggested inviting Reservoir Boulevard residents for a joint block party, and City Council Minutes September 24, 2001 Page 17 of 19 closing the car wash to parallel park in that area. Williams stated that we need more things like this in our community, to bring people in. Wyckoff congratulated him on his event, and stated that now both the Taste of Heights and the car show need to find a bigger space for their events'. Sue Amundson, 3 741 Reservoir Boulevard stated the event was wonderful for the city, and the day before she called the Police Chief to see if the no parking signs couM be covered. Her concern was that the event did not follow the verbal agreement made with the Police Department to take place in the alleyway. Amundson stated that cars were still parked on park property at 6.'OO p. m. She stated the music was too loud. Williams apologized to the Police Chief as they did park on the boulevard last year and shouM have included this in the permit, and stated that next year he wouM like to combine the event with a block party. Bruce Kelzenberg, Auto Worm employee, stated everyone had fun at the event, and considering recent national events, it is good to have some fun. Joni Herzog, Auto WorM Manager, stated this was the third year for the car show, with 23 cars the first year, 48 cars last year, 98 cars this year; and was more successful than couM have been imagined. She stated it was a community event, and every resident and car owner got discounted foovk the music was great, but ended at 7:00p. m. in consideration of the neighbors. She apologized for any parking on park property and stated the store wouM repair any damage to the area. Mefissa Williams Crow, Auto Worm employee, thanked those who attended and thanked Ms. Amundson for talking to the Police about bagging the street signs to allow parking. Peterson agreed there were issues to address prior to this event next year, but felt that it was a positive community event. ADMINISTRATIVE REPORTS A) Report of the City Manager-none B) Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the August 21, 2001, Housing and Redevelopment Authority 2) Meeting of the August 21, 2001, Economic Development Authority 3) Meeting of the September 4, 2001, Library Board of Trustees CITIZENS FORUM Peterson read a consolation telegram from the Mayor of Lomianki, Poland regarding the national tragedy of September ilth in the United States. Szurek read a Canadian newspaper article by Gordon Sinclair. Linda Ballentine, 5230 4th Street, spoke about honesty in the September 24th Green Sheet (weekly staff report to Council). She stated that Mr. Elrite lied by saying he and Mr. Scott talked to her two different times. She stated that she called Elrite on September 12, but he did not return her call. She had a conversation with him on August 6 regarding lights'. She indicated that the statement on the green sheet was false, and asked that someone look into this. L. Ballentine stated that Scott came to her to say he tom someone to turn down his or her music. This is not a new problem. She stated she wouM no longer deal with Elrite or Scott. L. Ballentine asked Chief Johnson if CSOs are allowed to issue tickets'. Chief City Council Minutes September 24, 2001 Page 18 of 19 dohnson indicated they couM issue certain tickets' regarding parking violations. Williams asked everyone to be more understanding in their communication, but felt it improper to accuse anyone of lying. Bill E/rite, Finance Director, stated the green sheet is for Council information, and the two conversations referred to include one by him and one by Mr. Scott. He stated that the conversation with Scott occurred on an evening when he was patrolling the alley and Ms. Ballentine came out from her garage stating the CSOs were not accompfishing their job. He stated that her comment was regarding what we would do about the loud noise from radios, and he said he had told one to quite down, but could not tell every loud radio to turn it down. Fehst stated lighting up the alley was to discourage wrong doing. He had a discussion with the owner of Galaxy about putting up a fence. Fehst stated that he appreciated Scott doing a great deal in a short time to deal with this. If the CSO did not observe one incident, it is unfortunate, but they have caught several and the word will get around. He discussed removing the port-a-potties, but Nawrocki wanted a survey as to how many people were using them. Wyckoff felt it is a dirty store and she wants the port-a-potties removed, and the store cleaned up or closed down. Williams referred to the employee of the liquor store, who spoke at the work session, who was thrilled about his job and felt the customers were his friends. Nawrocki stated that he hoped gds. Ballentine would not disavow Mr. Scott and continue to work with him. He stated that he wants' information and estimates on fencing for this area. If fenced, a surveillance camera at two points' might be effective. Fehst clarified the location of the proposed fencing. Peterson stated that we are trying to do the best we can, and are issuing tickets'. L. Ballentine again indicated the written statements' were inaccurate. doyce 3deiers, 4931 Jackson, questioned the City's civil defense program, and how Columbia Heights' would handle germ warfare. COUNCIL CORNER Nawrocki stated everyone shouM take City business very seriously. Nawrocki stated that the City Council meeting was not being broadcast this past weekend on cable. Fehst stated he did see the meeting on local cable either Saturday or Sunday about 4:00pm. Nawrocki stated he has a conflict for the budget hearing on October 15, and asked that the meeting be changed to 5:00p. m. Williams indicated that the Library budget hearing had been changed to 6:00p. m. on October 2. Peterson stated that changing the October 15 meeting time wouM create a work conflict for him. Szurek suggested meeting at 8:O0 p.m., if all items couM be covered by 1 O: 30 p.m. Nawrocki suggested moving the meeting to Thursday, October 18, at 7:00p. m. Fehst stated that October 15 at 8:00 p.m. wouM work and items not covered couM be added to another meeting. Nawrocki questioned the alley from 44th to 4ffh that needs' to be fixed. Fehst stated that the patch needs' to settle and will be fixed by the contractor. The contractor was to clean up the alley, but had forgotten. Nawrocki indicated he still has not received the Central Avenue project budget update. Fehst stated the Pubfic Works' Director is still working on it, and this will be discussed in the future. Nawrocki questioned how we would make up the MNDOT amount lost. Fehst explained the process. In the upcoming City newsletter, Nawrocki requested more space be allotted to emphasis on budget information and hearing dates. Fehst stated that more space has been allowed for such items. Nawrocki City Council Minutes September 24, 2001 Page 19 of 19 stated that ifa Point of Sale ordinance is being considered this information and hearing dates shouM also be included in the newsletter. Nawrocki questioned unattended gas stations, tike the proposal at Rainbow Foods, not having restroom facilities. Because of problems at the liquor store, he felt it wouM made sense to require this. Szurek stated that we couM not make them put in restrooms, as there is no variance required. Williams spoke of terrorists' and unattended gas stations. Nclwrocki asked staff to look at this prior to the station being buiM and the problem being created. Nawrocki stated he wouM have the secretary copy and distribute information to Councilmembers from the Association of Metropotitan Municipalities. Nawrocki stated that Council is contractually obligated to do a review of the City Manager's performance, which shouM be done. Wyckoff stated the first meeting of the Historical Society wouM be Thursday, September 27, 6:30p. m. at Murzyn Hall. Wyckoff stated that she was touched by all the calls' she received concerning her position in the private sector, following the national tragedy. Szurek showed the cap she has, which is signed by the Captain of the ship "Iwojima". Williams referred to this serious time in our country and world and that we shouM be happy to be alive. He read a quote of "Important Words' ". He asked that people pray for the peace and prosperity of our country. Peterson stated there would be a dedication of the two Habitat homes on 42nd and 43rd on Saturday morning at 10:00 a.m., and invited anyone interested in meeting our new residents' to attend. Peterson referred to the national tragedy and asked that we don't let the tittle things bother us, and that we unite together. Mayor Peterson - Remember: don't take yourself too seriously, enjoy life, and do a random act of kindness/ God bless America/ ADJOURNMENT Mayor Peterson adjourned the meeting at 11:25 p.m. Patricia Muscovitz, Deputy City Clerk