HomeMy WebLinkAboutMarch 23, 1998 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS - MONDAY, MARCH 23, 1998 7:00 P.M.
CITY COUNCIL CHAMBERS, CITY HALL, $90 40TH AVENUE NE
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City
Council Secretary at 782-2800, Extension 209, to make arrangements.
1. CALL TO ORDER/ROLL CALL
(Commencement of Cablecasting of Regular Meeting on Television.)
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may
be items brought to the attention of 'the Council under the previous portion of agenda, or items submitted after
the agenda preparation deadline.)
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda
by one motion. Items removed from consent agenda approval will be taken up as next order of business.)
A. Move to adopt the consent agenda items as listed below:
1) Approval of Regular Council Mtg. and Public Hrg. March 9, 1998 (if completed)
2) Resolution No. 98-37 Levying Assessment
3) Authorization to Attend Out of Town Training - Explorers
4) Authorization to Attend Out of State Training - Explorers
5) Close Public Hearing - Rental License - 4233 Third Street
6) Close Public Hearing - Rental License - 4601-03 Taylor Street
7) Close Public Hearing - Rental License - 1081-83 Polk Circle
8) Removal of 1,000 Gallon Propane Storage Tank from MSC Yard
9) Council Work Sessions for April
10) Resolution No. 98-38 - Special Election Judge List
11) Payment of Bills
12) Approval of License Applications
5. RECOGNITION~ PROCLAMATIONS, PRESENTATIONS~ GUESTS
A. Recognition: Youth Initiative Commission Member Introductions
B. Proclamation: Arbor Day-Arbor Month Proclamation
3. Presentation: B. Nawrocki
6. PUBLIC HEARINGS
A. Resolution No. 98-39 Housing Bonds for Crest View Corporation
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Res. No. 98-40 Bond Proceeds for Reimbursement/Award of Contract for Zone 3
2) 1st Rdg. Ord. No. 1370 Licensing of Pool/Billiard Halls
3) Action Regarding Rental Property at 943 42nd Avenue
B. Bid Considerations
None
C. Other Business
1) Authorization to Contract with PDI for Sergeant/Corporal Promotional Process
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Board and Commission Meetings
1) January 15, 1998 Charter Commission Meeting
2) March 9, 1998 Library Board Meeting
10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON THE AGENDA
11. ADJOURNMENT
WF/js
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS - MONDAY, MARCH 23, 1998 7:00 P.M.
CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City
Council Secretary at 782-2800, Extension 209, to make arrangements.
1. CALL TO ORDER/ROLL CALL
(Commencement of Cablecasting of Regular Meeting on Television.)
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may
be items brought to the attention of the Council under the previous portion of agenda, or items submitted after
the agenda preparation deadline.)
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda
by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below:
1) Approval of Regular Council Mtg. and Public Hrg. March 9, 1998 (if completed)
2) Resolution No. 98-37 Levying Assessment
3) Authorization to Attend Out of Town Training - Explorers
4) Authorization to Attend Out of State Training - Explorers
5) Close Public Heating - Rental License - 4233 Third Street
6) Close Public Hearing - Rental License - 4601-03 Taylor Street
7) Close Public Hearing - Rental License - 1081-83 Polk Circle
8) Removal of 1,000 Gallon Propane Storage Tank from MSC Yard
9) Council Work Sessions for April
10) Resolution No. 98-38 - Special Election Judge List
11) Payment of Bills
12) Approval of License Applications
5. RECOGNITION~ PROCLAMATIONS~ PRESENTATIONS, GUESTS
A. Recognition: Youth Initiative Commission Member Introductions
B. Proclamation: Arbor Day-Arbor Month Proclamation
3. Presentation: B. Nawrocki
PUBLIC HEARINGS
A. Resolution No. 98-39 Housing Bonds for Crest View Corporation
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Res. No. 98-40 Bond Proceeds for Reimbursement/Award of Contract for Zone 3
2) 1st Rdg. Ord. No. 1370 Licensing of Pool/Billiard Halls
3) Action Regarding Rental Property at 943 42"a Avenue
B. Bid Considerations
None
C. Other Business
1) Authorization to Contract with PDI for Sergeant/Corporal Promotional Process
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B..Report of the City Attorney
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Board and Commission Meetings
1) January 15, 1998 Charter Commission Meeting
2) March 9, 1998 Library Board Meeting
10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON TI-W. AGENDA
11. ADJOURNMENT
Mayor
CiTY OF COLUMBIA HEIGHTS 0") Josephs,
Counciimembers
Donald G. Jolly
590 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-28OO TDD 782-2806Marlaine Szurek
Gary L. Peterson
Robert W. Ruettimann
ADMINISTRATION City Manager
Walter R. Fehst
MARCH 20, 1998
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, March 23, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in,
its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all
City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements.
(TDD/782-2806 for deaf only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items submitted
after the agenda preparation deadline.)
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
next order of business.)
A. MOTION: Move to Adopt the Consent Agenda as Follows:
1) Approval of Council Meetinq Minutes
The minutes of the March 9, 1998 Public Hearing and Council Meeting are not completed.
2) Resolution No. 98-37 Beinq a Resolution to Levy Assessment
MOTION' Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION: Move to adopt Resolution No. 98-37 being a resolution to levy assessment of "Private
Construction Agreements" on 44th Avenue, as listed in PIR 982, Project 9530.
Page 1
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE OIq THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
COUNCIL MEETING AGENDA
MARCH 23, 1998
PAGE 2
3) Authorization to Attend Out of Town Training
MOTION: Move to authorize 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
MOTION: Move to authorize 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
MOTION: Move to close 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
MOTION: Move to close 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 Reqarding Rental License Revocation
MOTION: Move to close 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.
8) Removal of 1,000 Gallon Propane Storage Tank From MSC Yard
MOTION: Move to approve the disposal of 1,000 gallon propane tank and disposal of five (5)
100-lb. propane cylinders.
9) Council Work Sessions for April
MOTION: Move to schedule Monday, April 6, 1998 at 8:00 p.m. as a Council work session and
Monday, April 20, 1998 at 7:00 p.m. as a Council and EDA joint work session.
Page 2
COUNCIL MEETING AGENDA
MAP~CH 23, 1998
PAGE 3
10) Resolution No. 98-38 Beinq a Resolution Approving Election Judge List for Special Election
MOTION: Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION: Move to approve Resolution No. 98-38 being a resolution approving the election
judge list for the April 21, 1998 Special Election.
11 ) Payment of the Bills
MOTION: Move to pay the bills as listed out of proper funds.
12) Approval of License Applications
MOTION: Move to approve the license applications as listed.
5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS
A. Recognition
1) Introduction of Members of Youth Initiative Commission
B. Proclamations
1) Arbor Day - Arbor Month Proclamation
C. Presentation
1) Bruce Nawrocki ~ Presentation, 15 minutes
6, PUBLIC HEARINGS
A. Resolution No. 98-39 Being a Resolution Regarding Final Resolution with Respect to
Housing Bonds for Crest View Corporation
MOTION: Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION: Move to adopt Resolution No. 98-39 being a resolution regarding final resolution with
respect to housing bonds for Crest View Corporation.
Page 3
COUNCIL MEETING AGENDA
~4,~-CH 23, '(998
PAGE 4
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 Being a Resolution 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
MOTION: Move to award the contract for Municipal Projects #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 Iow, 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.
MOTION: Move to approve the declaration for the official intent of the City of Columbia Heights
to bond for street rehabilitation work.
MOTION: Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION: Move to adopt Resolution No. 98-40 being a resolution 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.
2) First Readin.q of Ordinance No. 1370 (Draft Nos. # I and # 2) Being an Ordinance Pertaining
to the Licensinq of Pool/Billiard Halls
MOTION: Move to waive the reading of the Draft #1 of Ordinance No. 1370 there being ample
copies available for the public.
MOTION: Move to schedule the public hearing and second reading of Draft #1 of Ordinance No.
1370 for April 13, 1998 at approximately 7:00 p.m. in the City Hall Council Chambers.
MOTION: Move to waive the reading of the Draft #2 of Ordinance No. 1370 there being ample
copies available for the public.
MOTION: Move to schedule the public hearing and second reading of Draft #2 of Ordinance No.
1370 for April 13, 1998 at approximately 7:00 p.m. in the City Hall Council Chambers.
Page 4
COUNCIL MEETING AGENDA
MARCH 23, 199B
PAGE 5
3) Resolution/Action Regarding Rental License Revocation for Rental Property Located at 943
42nd Avenue Owned by James Egge
This rental property is to be inspected on the afternoon of Friday, March 20, 1998. The
inspector's report will be distributed on Monday, March 23, 1998 at the Council Meeting.
B. Bid Considerations
None
C. Other Business
1) Authorization to Contract With (PDI) for Sergeant/Corporal Promotional Process
MOTION: Move to authorize the City Manager and 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.
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) January 15, 1998 Charter Commission Meeting
2) March 9, 1998 Library Board Meeting
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
The citizen is requested to limit their comments to five minutes. Please note, the public may address
the Council regarding specific agenda items at the time the item is being discussed.)
Page 5
COUNCIL MEETING AGENDA
PAGE 6
11. ADJOURNMENT
MOTION: Move to adjourn the Regular Council Meeting.
COLUMBIA HEIGHTS FIRE DEPARTMENT
BOARD OF TRUSTEES
VOLUNTEER RELIEF ASSOCIATION
MARCH 23, 1998
1. CALL TO ORDER/ROLL CALL
o
APPROVAL OF MINUTES
MOTION: Move to approve the minutes of the January 12, 1998 Board of Trustees Meeting as
presented.
EXTEND MEDICAL LEAVE OF ABSENCE
MOTION: Move to record an extension to the medical leave-of-absence status for John A.
Fearon, Volunteer Division, effective March 1, 1998 to September 1, 1998.
ADJOURNMENT
MOTION: Move to adjourn the Board of Trustees Meeting.
Walter Fehst, City Manager
WF/js
Page 6
ADMINIS TRA TION
MARCH 20, 1998
Mayor
Joseph ~turdevant
Councilmembers
Donald G. Jolly
Marlaine Szurek
Gary L. Peterson
Robert W. Ruettimann
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, March 23, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in,
its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all
City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements.
(TDD/782-2806 for deaf only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items submitted
after the agenda preparation deadline.)
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
next order of business.)
A. MOTION: Move to Adopt the Consent Agenda as Follows:
1) Approval of Council Meeting Minutes
The minutes of the March 9, 1998 Public Hearing and Council Meeting are not completed.
2) Resolution No. 98-37 Beinq a Resolution to Levy Assessment
MOTION' Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION' Move to adopt Resolution No. 98-37 being a resolution to levy assessment of "Private
Construction Agreements" on 44th Avenue, as listed in PIR 982, Project 9530.
Page 1
COUNCIL MEETING AGENDA
MAP~CH 23, 1998
PAGE 2
3) Authorization to Attend Out of Town Traininq
MOTION: Move to authorize 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 Traininq
MOTION: Move to authorize 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
MOTION: Move to close 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
MOTION: Move to close 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
MOTION: Move to close 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.
8) Removal of 1,000 Gallon Propane Storage Tank From MSC Yard
MOTION: Move to approve the disposal of 1,000 gallon propane tank and disposal of five (5)
100-lb. propane cylinders.
9) Council Work Sessions for April
MOTION: Move to schedule Monday, April 6, 1998 at 8:00 p.m. as a Council work session and
Monday, April 20, 1998 at 7:00 p.m. as a Council and EDA joint work session.
Page 2
COUNCIL MEETING AGENDA
~g,~CH 23, 1998
PAGE 3
10) Resolution No. 98-38 Being a Resolution Approving Election Judge List for Special Election
MOTION: Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION: Move to approve Resolution No. 98-38 being a resolution approving the election
judge list for the April 2'1, 1998 Special Election.
11 ) Payment of the Bills
MOTION: Move to pay the bills as listed out of proper funds.
12) Approval of License Applications
MOTION: Move to approve the license applications as listed.
5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS
A. Recognition
'1) Introduction of Members of Youth Initiative Commission
B. Proclamations
1) Arbor Day - Arbor Month Proclamation
C. Presentation
1) Bruce Nawrocki- Presentation, '15 minutes
6, PUBLIC HEARINGS
A. Resolution No. 98-39 Being a Resolution Regarding Final Resolution with Respect to
Housing Bonds for Crest View Corporation
MOTION: Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION: Move to adopt Resolution No. 98-39 being a resolution regarding final resolution with
respect to housing bonds for Crest View Corporation.
Page 3
COUNCIL MEETING AGENDA
· ~/kP~CH 23, 1998
PAGE 4
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 Being a Resolution Declaring the Official Intent of the City of Columbia Heights tr~
Reimburse Certain Expenditures From the Proceeds of Bonds to be Issued by the City
MOTION: Move to award the contract for Municipal Projects #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 Iow, 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.
MOTION: Move to approve the declaration for the official intent of the City of Columbia Heights
to bond for street rehabilitation work.
MOTION: Move to waive the reading of the resolution there being ample copies available for the
public.
MOTION: Move to adopt Resolution No. 98-40 being a resolution 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.
2) First Readinq of Ordinance No. 1370 (Draft Nos. # 1 and # 2) Being an Ordinance Pertaininq
to the Licensing of Pool/Billiard Halls
MOTION: Move to waive the reading of the Draft #1 of Ordinance No. 1370 there being ample
copies available for the public.
MOTION: Move to schedule the public hearing and second reading of Draft #1 of Ordinance No.
1370 for April 13, 1998 at approximately 7:00 p.m. in the City Hall Council Chambers.
MOTION: Move to waive the reading of the Draft #2 of Ordinance No. 1370 there being ample
copies available for the public.
MOTION: Move to schedule the public hearing and second reading of Draft #2 of Ordinance No.
1370 for April 13, 1998 at approximately 7:00 p.m. in the City Hall Council Chambers.
Page 4
COUNCIL MEETING AGENDA
·MAR~CH 23, 1998
PAGE 5
3) Resolution/Action Regarding Rental License Revocation for Rental Property Located at 943
42"d Avenue Owned by James Egge
This rental property is to be inspected on the afternoon of Friday, March 20, 1998. The
inspector's report will be distributed on Monday, March 23, 1998 at the Council Meeting.
B. Bid Considerations
None
C. Other Business
1) Authorization to Contract With (PDI) for Sergeant/Corporal Promotional Process
MOTION: Move to authorize the City Manager and 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.
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1 ) January 15, 1998 Charter Commission Meeting
2) March 9, 1998 Library Board Meeting
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
The citizen is requested to limit their comments to five minutes. Please note, the public may address
the Council regarding specific agenda items at the time the item is being discussed.)
Page 5
COUNCIL MEETING AGENDA
MAP~CH 23, 1998
PAGE 6
11. ADJOURNMENT
MOTION' Move to adjourn the Regular Council Meeting.
COLUMBIA HEIGHTS FIRE DEPARTMENT
BOARD OF TRUSTEES
VOLUNTEER RELIEF ASSOCIATION
MARCH 23, 1998
1. CALL TO ORDER/ROLL CALL
APPROVAL OF MINUTES
MOTION: Move to approve the minutes of the January 12, 1998 Board of Trustees Meeting as
presented.
EXTEND MEDICAL LEAVE OF ABSENCE
MOTION: Move to record an extension to the medical leave-of-absence status for John A.
Fearon, Volunteer Division, effective March 1, 1998 to September 1, 1998.
ADJOURNMENT
MOTION: Move to adjourn the Board of Trustees Meeting.
Walter Fehst, City Manager
WF/js
Page 6
CITY COUT~CIL LETTER
Meeting of : ~IARCH 23, 1998
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: 4 CITY MANAGER'S APPROVAL
ITEM: RESOLUTION TO LEVY ASSESSMENT BY: Jane Gleason
COMPLETED UNDER PETITION/WAIVER FORM,
'~PRIVATE CONSTRUCTION AGREEMENT" DATE: March 6, 1998
No: g.
On June 14, 1993 the City Council established Resolution
establishing Petition/Waiver procedures for miscellaneous
assessment improvements.
93-24,
special
Under this procedure, we are now asking that the Resolution to levy the
special assessments for the work done under the "Private Construction
Agreement" with a signed Petition/Waiver form, be approved.
PIR 982 is for removal and/or construction of retaining walls, driveway and
landscaping done on 3 parcels on 44tn Avenue. The estimated cost for these 3
parcels was $7,656.75, the final levy amount is $6,195.15.
RECOMMENDED MOTION: Move to waive the reading of the Resolution, there
being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 98-37; Levy of ~Private
Construction Agreements" on 44tn Avenue, as listed in P!R
982, Project 9530.
JG\ PET&WAVR \LEVYCLTR
COUNCIL ACTION:
I~ES O L UTI O N 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 Agreement to construct retaining walls, a driveway, and landscaping, heretofore
received: Special Assessments numbered 982, Project 9530.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 23r~
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 I.
Section 2.
Section 3.
That this Council does hereby adopt the aforesaid assessment roll known and described as
"Assessment Roll for Local Improvements" numbered 982, Project 9530.
That this Council hereby finds and determines that each of the lots and parcels of land
enumerated in said assessment roll was and is especially benefitted by such improvement in
an amount not less than the amount set opposite in the column headed "Total Assessment".
And this Council further finds and determines that the proper proportion of the cost of such
improvements to be especially assessed against such lot or parcel of land is the amount set
opposite the description of each such lot or parcel of land respectively in said assessment roll.
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 numbered
PIR 982, Project 9530.
Section 5. This resolution shall take effect immediately upon its passage.
Passed this 23rd day of March, 1998.
Offered by: Szu tek
Seconded by: Peterson
Roll Call: A]] ayes
Jo-Anne Student, Secretary to the Council
Joseph Sturdevant, Mayor
CITY COUNCIL LETTER
AGENDA SECTION: Consent
NO. ~
ITEM: Authorization to Attend Out of Town
NO. Training q- ~. ~.~
ORIGINATING DEPARTMENT
POLICE
BY: Thomas M. Johnson.~
DATE: March 17, 1998
Background
Meeting of: March 23, 1998
CITY MANAGER
APPROVAL: a ,',
DSTE! _
Annually there as a state law enforcement Explorer conference sponsored by the Boy Scouts of America. This event
is one of the highlights of the Explorers' year. All of the training that the Explorers have completed during the year
will assist them in the statewide competitions that take place at this event. In 1997 the Post took first place in
Hostage Negotiations and received a plaque for this achievement.
Analysis/Conclusion
The breakdown of the cost for this event is as follows:
Four Explorers @ $135/each $540
Two advisors @ $135/each $270
The total cost would be $840 for the conference. This year's conference will be held April 23-26, 1998, at Breezy
Point. Funds to cover this event are budgeted for in the police department budget.
Recommended Motion: Move to authorize the attendance of Officer Joe 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.
TMJ:mld
98-114
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: Consent
NO. t/t
ITEM: Authorization to Attend Out of Town
NO. Conference q'
ORIGINATING DEPARTMENT
POLICE
I
BY: Thomas M. Johnson
DATE: March 17, 1998 ---%
Mee~finl~,of: M~ch 2~3, 1978
CITY MANAGER
APPROVAL:
Background
Annually there is a national law 6nforcement Explorer conference sponsored by the Boy Scouts of America. The
Columbia Heights Police Explorers attended the national conference in 1988 in Boston, in 1990 in Boulder,
Colorado, in 1992 in Columbia, South Carolina, and in 1994 in Bloomington, Indiana. This event is the highlight
of the Explorers' year. All of the training that the Explorers have completed during the year will assist them in the
national competitions that take place at this event.
Analysis/Conclusion
The breakdown of the cost for this event is as follows:
Registration fee:
Four Explorers and two advisors @ $325/each, food and lodging $1,950
Ail'fare:
Four Explorers and two advisors @ $316/each
$1,896
$3,846
I am proposing that we use $1,500 from line 3105, training, and $500 from line 3320, out of town travel, from the
police budget to assist in covering these expenses. We have received a $1,000 donation from the Columbia Heights
VFW which will be placed toward these costs, giving us a total at this time of $3,000. We have contacted a couple
other civic organizations in an attempt to obtain other donations toward these costs to keep the drain on the police
budget to a minimum.
At this time we would like permission to proceed to reserve the six spots at the conference at a cost of $1,950. They
are already 1/4 full, and if for some unknown reason we are unable to secure the rest of the funds, we will be able
to get back all but $300 of the registration fees.
Recommended Motion: Move to authorize Officer Joe Sturdevant and CSt Judy Menth, as advisors to the
Columbia Heights Police 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 organizatiom
TMJ:mld
98-113
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of March 23, 1998
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
a~ CONSENT Fire APPROVAL
NO:
ITEM:
Rental License Revocation
NO: 4,/,, t~ ' ~ DATE: March 13, 1998 DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Richard Berg regarding rental property at 4233 3rd Street for failure to meet the requirements of the Housing
Maintenance Codes was previously scheduled to commence at the City Council meeting of April 13, 1998.
The public hearing on this property may now be closed in that the owner has complied with requirements of the
Housing Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by Richard Berg Regarding Rental Property at 4233 3rd Street in that the Provisions of the
Housing Maintenance Code Have Been Complied With.
COUNCIL ACTION:
Close Hearing Council Letter
CITY COUNCIL LETTER
Meeting of March 23, 1998
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
~ CONSENT Fire APPROVAL
NO:
Rental License Revocation
af'l.. ~a~ .. b DATE: March 13, 1998 DATE:
NO:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Mariella Corbett regarding rental property at 4601-03 Taylor Street for failure to meet the requirements of the
Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of March 23,
1998.
The public hearing on this property may now be closed in that the owner has complied with requirements of the
Housing Maintenance Code.
RECOMMENDED MOTION: Move to Close 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.
COUNCIL ACTION:
Close Hearing Council Letter
CITY COUNCIL LETTER
Meeting of March 23, 1998
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: 4 Fire APPROVAL
ITEM: Close Hearing BY: Charlie Kewatt BY: ~'/.~~
Rental License Revocation
NO: 4 ' t~ -- ~ DATE: March 13, 1998 DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Billy Teat regarding rental property at 1081-83 Polk Circle for failure to meet the requirements of the Housing
Maintenance Codes was previously scheduled to commence at the City Council meeting of March 23, 1998.
The public hearing on this property may now be closed in that the owner has complied with requirements of the
Housing Maintenance Code.
RECOMMENDED MOTION: Move to Close 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.
COUNCIL ACTION:
Close Hearing Council Letter
CITY COUNCIL LETTER
Meeting o£: 3/23/98
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: q PUBLIC WORKS
ITEM: REMOVALOF 1,000 GALLONPROPANE BY: K. Hanscn~' By:~//~
STORAGE TANK FROM MSC YARD ~. t~" ~l~ DATE: 3/18/98,~S~~ DATE:
Background:
In the early 1970's, street maintenance operations were such that a large volume of propane was required to
heat tack oil that was used for oiling down unpaved streets and alleys, seal coating, seal coat preparation, etc.
It was a good management decision at the time to have a storage tank on site that smaller 100-lb. and 20-lb.
tanks could be refilled from.
Discussion:
The situation as it exists today is as follows:
A. The 1000 gallon propane tank is owned by the City.
B. The 1000 gallon tank pumping system needs about $700 in repairs to meet operational and safety
requirements.
C. The scale shed that sits near the propane tank is constructed of wood. The fire marshall states that by
code it should be constructed of metal and moved away from the tank area. Replacement estimate is
$300.
D. 100-lb. and 20-lb. cylinders that are refilled have not received regular safety checks and most of them
are over 30 years old.
E. Employees are not properly trained to refill tanks. Refilling operations arise several times per year and
employees neglect or have forgotten safety training.
F. In the last 3 years it is estimated that only 300 to 500 gallons of propane have been used per year.
This amount includes amounts that may have been used by the Police and Fire Departments.
G. The small tanks (100's and 20's) could be refilled at local suppliers by trained personnel Safety checks
would be included in each refill.
H. Maintenance operations have changed over the years and staff feels that the area where the propane
tank is located could be utilized more effectively if it were converted to a material's storage area for
the Park Department.
I. Five (5) old 100-lb. tanks should be disposed of. They are in excess of 30 years old.
RECOMMENDED MOTION: Move to approve the disposal of 1,000 gallon propane tank and disposal
of five (5) 100-lb. propane cylinders.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: March 23, 1998
AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY FLANAGER' S
NO. 4 Admini s t rat ion APPROVAL
ITEM: Proposed April Work Sessions~ ~ ~ BY: J. Student BY: .~/~/~
.... · ~ DATE: March 18, 1998 DATE:
Currently there are sufficient issues to have a Council work session. Also, there has been
a request to hold a joint work session with the City Council and the EDA staff.
MOTION: Move to establish Monday, April 6, 1998 at 8:00 p.m. as the date and time for a
Council work session and Monday, April 20, 1998 at 7:00 p.m. as the date and time for a
Council and EDA joint work session.
COUNCIL ACTION:
CITY COUlqCIL LETTER
Meeting of: March 23, 1998
AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER' S
NO. 4 Administration APPROVAL
No. 98-38 Being a Resolution BY: J. Student
ITEM:
Resolution
Designating Election Judges for the Special DATE: March 18, 1998 DATE:
Election
Attached is a list of election judges for the Special Election scheduled for Tuesday,
April 21, 1998 and Resolution No. 98-38 designating those judges and their hourly
compensation.
MOTION: Move to waive the reading of the resolution there being ample copies available for
the public.
MOTION: Move to adopt Resolution No. 98-38 being a resolution designating election judges
for the April 21, 1998 Special Election.
COUNCIL ACTION:
1998 SPECIAL ELECTION
April 21, 1998
Precinct 1 - Murzyn Hall, 530 Mill Street
HJ Faye Cleasby
Ruth Hillestad
Mona Lundholm
Fran Jensen
Marge Rosen
Eleanor Olsen
4346 Seventh Street
965 40th Avenue
4134 Seventh Street
3907 Jackson Street
1000 41st Avenue
4229 Main Street
789-7889
788-7583
788-2727
788-0924
781-1849
Precinct 2 - NEI Colleqe of Technoloqy, 825 41st Avenue
HJ Clara Shattuck
Rose Wasut
Jan Peterson
Lauri McGee
Marsha Stroik
Pauline Pafko
3971 Quincy Street
4208 Seventh Street
4113 Quincy Street
4233 Jefferson Street
3938 Polk Street
4449 Jackson Street
788 4292
788-5974
788-6734
788-0494
Precinct 3 - Parkview Villa, 965 40th Avenue
HJ Muriel Nichols
Laura Lindahl
Betty Spratt
Gladys Zemke
Gloria Tarman
3812 Johnson Street
3723 Johnson Street
1709 40th Avenue
3970 Tyler Street
4709 Upland Crest
788-8528
788-0246
788-3118
788-5737
571-8540
Precinct 4 - Hiqhland Elementary School, 1500 49th Avenue
HJ Mary Jensen
Averille Lestina
Mavis Sibell
Lud Pafko
Martin Heining
Gladys Luitjens
1332 Buchanan Place
4831 W. Upland Crest
4049 Washington Street
4449 Jackson Street
4212 Fourth Street
4601 Johnson Street
571-0187
571-0925
788-4008
788-0494
788-6605
574-0561
Precinct 5 - First Lutheran Church, 1555 40th Avenue
HJ Edna Miracle
May Lyons
Lorrie Nalezny
Joan Kinde
JoAnn Kewatt
Barb Karol
4449 Reservoir Blvd.
4354 Arthur Street
609 37th Avenue
3952 Arthur Street
636 48th Avenue
1400 46th Avenue
788-0716
788-0240
788-3719
788-5391
572-1766
574-0466
Precinct 6 - Hiqhland Elementary School, 1500 49th Avenue
HG Betty Jenkins
Judy Lee
Vonnie Seim
Barbara Elrod
Delores Marquette
Kay Mayer
4700 Heights Drive
1705 Innsbruck Pkwy.
1425 Molan Terrace
1610 Innsbruck Pkwy. W
1029 44 1/2 Avenue
2115 Highland Place
571-7052
574-0480
571-4294
788-2577
574-1017
Precinct 7 - Valley View Elementary School, 800 49th Avenue
HJ Kay Handley
Karin Mattson
Lillian Holtzlider
Ann Kronstedt
Frances Fleisher
Rose Corbett
809 50 1/2 Avenue
5030 Monroe Street
4445 Jackson Street
5240 Washington Street
4223 Second Street
5152 Fifth Street
574-0658
572-1822
788-0694
572-9044
788-6331
572-2161
Precinct 8 - Valley View Elementary School, 800 49th Avenue
HJ Pat Jindra
Mary Dowdle
Noranda Anderson
Eileen Kraft
Ken Kronstedt
Bob Person
4753 Fourth Street
4904 Fifth Street
4751 University Avenue
5041 Fourth Street
5240 Washington St.
5258 6th Street
572-8447
572-1839
572-1916
572-8484
572-9044
571-9657
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 23ra day of March, 1998.
Offered by:
Seconded by:
Roll call:
Szu tek
peterson
A1 1 ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
BRC I::' Z NANC I AL.. ,c.';YS'/"E]~I
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70622 574.20
70623 25,000 ,, 00
70624 103.00
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70626 299.60
70627 42.1.. 98
70628 40.09
70629 40.53
70630 :1.2.9 . 72'.
BRC F'IIqANC~IAl.. SYS'I"EM
03/20/98 08: 5
C,~hecl.-.'. History
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,C3TA]"I.=.': CAF:']:T'OI... CF,:ED:[T UIq]:
UI',t ]: C)N:1. 2.1. 6
L.JI,I I O1,1 32.0
WYAI,I:0OTTIE COLJI-I]"Y COURT I--I
AL..L ,c31!:'F.~V I C:L=.: SCRE]F:t-t :[ fig
)BA K L=.']:;~ / J O~I,IN L::
BIEI..L.I.:.:O¥ BAF:,' ~LJF:'F:'L..Y
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CE],I'I"F;,'AI_ M'[ DD, LIE ,c3~HOOL..
CE:NTF:,'AL.. MIDDL..E: SCHOOL.. F:'T
COCA-COL_A )3OT]"L..:[fIG MIDWIE
CX]LL.IMI-:.: ]: A I.-Ili: ]: Ed--ITS
C:OLUM):.~]:A t='AF;,'K ML=:D]:CAL~
C[)MMt. JN]:TY I::~E:[~01.JI:~:C~E: PARTI,I
7063,1.
'70632
70633
70634
70635
70636
70637
70638
70639
70640
70642
70643
70644
70646
70647
70648
70649
70650
7065.1.
Y0652
70653
70654
Y0655
Y0656
Y065Y
Y0658
70659
Y0660
Y066.1.
706,.62
70663
Y0664
70665
Y066Y
70668
'706,69
706Y0
706Yl
70672'.
70673
Y0674
YO6Y5
7067cS
YO6YY
70678
C'I:TY OF' COL_UMB]:A I-IIE]:(31-J]",~3
GL. 540R"-V05.20 PAGE 2
AMOLJI,I"f'
'1.00.20
.1. , 007 .. 39
5,654.74
162'.. 09
2, Z~8.1.. 58
440 .. 00
'1.0,902., 00
9 .. 00
9.1... 85
289 ,. 64
5;7 ,. 00
.1. :, 174 .. 4.2.
358 ,, 00
.1., 209., 60
8.00
500 .. 00
6 '..::',. 00
,1., 4:.35 .. 00
4 ~., 770.00
15:, .1.32 ,, 96
8,5:l. 2.24
.1. 63.44
23,097 ,. 38
645 ,, 60
'1., 258 .. 00
:L :, 992.50
27, ::';98 ,. 47
23:,856.46
94.62
9 .1. 5 .. 38
50.00
.1., 370.00
80 ,. 00
<25 :L .. 00
:L 50 .. 00
7,2.::97 .. 65
:L 43 .. 46
:L 5 ,, 00
7:~ 01..1. 8
4,48:S ,. 3:1.
7:~0 .. 00
600 .. 00
'1. :, 000 ,. 00
.1..,, 698 .. 4:L
501.50
.t :, 6'1.4 .. 75
5,000.00
ORC I'" Z NANC.'I: Al._ ~Y('~'¥'I.~:M
:)3/20/98 08: 5
C he c: I< I--I i s't:o ry
5 / 23 / 98 [::: 0 U I"11::; :t: L
C:Z'I"Y OF' COI..1.JMBZA I--IIEI(3HT8
GL..5401:::-'V0~.:,. 20 F:'.A[:.~E :,~.~
0 A !',1K V E: I',1 ):) 0 R
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F:'ARTS 1::'1... U8
t':'tETTY (.')~'.:~t..I - GAI:::Y T..~IRAA"I"IE
F:'Iii:"t"TYCA,SH .... JOANI',IE: BAl.(E:
F:'IETTY C,'.:,SH - KAF:,'IF'Ig MOfELI...
I:'t..I:[I..t..:I:F:'8 W:I:NIE &
F' :1: t,INACI_Ii:' D :1: S TlR
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S"I" I::'A U L./"1" HI:i:
8 T 1.JIR DI.E VAI'-I"I"/J[3 SIi:'F'H 8
TAI::,'[.'.:iE:T STORIES-AC.F',T8 F:,'E:C
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W1Elii: KEY/JOY
WORL.]D CI...AS~,i.) I,,,1:1:
YOI..JN [..]/KAT'HY
A I"1 ~i.'..:E:!~"I' COPtF'AI',I¥
70679 T:~4 .. 56
70680 49,288 .. 29
70681 '1. 2'.~:~. 56
70682 70.35
70683 26.41
70684 50.00
70685 22 ,. O0
70686 ~'~90 .. 00
70687 189 .. 00
70688 ~,695.93
70689 769 ,, 4:1.
70690 40 ,, 00
7069:1. 27.69
70692 22 ,, 87
70693 150 ,, 00
70694 463 .. 50
70695 72 ,. :t. 4
70696 :t.'77 .. 00
706'77 3,775 .. 76
70698 190 .. 00
70699 8,012 .. 00
70700 50., 00
7070:1. 1:1. 5 .. 00
70702 850 ,, 00
70703 57:1. ,, 50
70704 9,2:~:~ .. 00
7070 5 720 .. 00
70706 2,74. :t... 4-3
70707 35 ,, 75
70708 45 ,, 50
70709 92.98
70710 71.96
70711 1,823.68
70712 2! ..00
707:1.3 7,920.46
707~4 28 ,. 00
70715 162..09
70716 3,00
70'717 21,776.25
70718 153 .. 71
70719 14.89
70720 :899 ,,
70721 2.0,660 ,. 00
70722 ~] 50 ,, 00
70723 961 ,, 90
70726 1, .I..:~ :~. 90
BI:;~C F= Z htAI-IC Z Al... SYS T!!--M
03/2.0/~8 08: 5
Chec:k History
3/23/98 COUNC:I:t...
B A N K VIE bi D O R
BAN I< CHIECI< :I:I-IG ACCOt.JI'.I'T'
ABLE: I-.IOSIE & F;:I..JBBE]:;,' ]:hi(:;
ABM IEQU ZPHE:I'-IT
A C C 0 UI"I"f'IE MI::'S
ACCTIECH I...I..C
AClii: H A F;,'D W A!:;,'E::
A C M E T Y P ti"' W R :1: 'f'tii:R
A :1: F;,' TOUCI~I C:E:L..L. UI._AI:;,'
AL..L.. I=ZFd.:.': TIES'f' :I:I'--IC
AME:RIC:AN AMt. J,~;EME:NT AI:;,'CA'f)
AMIEF;.: il: CAN )3:1: NDIEF.,"Y
AMI.:::I:;,'ir. CAhl I...:1: Nr..i],l ,c~;UPF:'[..Y CO
At'-ICHOF;,' F'AI-".'IZR
A I'I:O E:F;;,"ii; O N/B R ;1: A N
AI',IDON
ANOKA COUNTY L:i:BRARY
Al::':r. F:'UND F:'OR PAYF;:OLL E:DU
A"t" 4'::: T W:I: F;,'E:L..E:SS SIEF;,'V I CE:S
BAKIEF;: .'~ TAYL..OIR COl'lT, SE]R
BAKER 4-~: 'TAYL. OF;,' F.!]',ITIEF;,'TA I I"-I
BAF,'hlA GI..JZY & STli'TF'li':l'-t L..TD
:('.'~At. JE:F;,' BL.I:r.L/t" "f'IF;,'E: ,S-': BATTE
BE:RN :[ C K AI',I}:) L.:[ F:'SOI'-I
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.'(':~F;:CJCK WH]:"f'E: C;O,
):':{RYAI'.IROCK PF;,'ODI..JC:"I"S:,
CATCO F:AR'/"S SIEF;:V :r. C;FZ
C):)W COI'dI::'UTiEF( C;,IEN'T'E:IRS ]:hi(:::
CIEN"f'K'.AL_ AVENLJE: RA:OIATOR
CIEtqTRAL STO1RE:S
CHE:E:,%F.i::(':d..JF;,'[~E:F;,' :1: hi(:::
CHtEF;,'O KIFI.=.: F'OWEF;,' IEQU :1: F:'MENT
CH:I:SAGO L.A KE:S
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C :t:'¥'Y W :1: :OIE L. OC KSM
CI...AI:;~K F:'OOD,t'31i.:.F;,'VZCtE .'[I'-IC
CO[::A-COL..A BOTTI_. :r.
COI...UMB :1: A HE :1: GHTS CI'-I~MBIFIR
COMMIEI:;,"S COhlDI'T'IONr-.i::O WATE
COMI::' USA :l:hlC
COMF'U"f'EF;: SYS"f'IEM F:'RO.~)LJCTS
CI:;,'YSTIEIEI... I"I-:,'UCK tL'QU I F'MI.=.'NT
CSC CRIE:O:I:'¥' SE:RVICrES
DAI...C::O I.:.:I-ITtEIRF'R.'I:SE:S :(NC
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BA.,Y....T I MERS :, I NC.
CITY OF' COI.ZJM:(.'~:[A
[')I...540F",'-V05.20 PAGE 4
CHECK I'-IU MBI~: F;,' AM 0 LII'-I"I"
70727 9.00
70728 .1. :: 176 ,, 87
70729 448 ,, 80
70730 34 ,, L~8
70731 :1. :, 04-8.06
707:32 258 ,, 90
70733 42.75
70734 244,,93
70735 50 ,, 00
70736 359,,63
70737 62.92
70738 457.43
70739 90 ,, 00
70740 4.26
70741 75.60
70742 217 ,, 68
70743 I4 ,, 22
70744 !6. :1.4
70745 324 ,, 85
70746 :L 0,8 :~. 0.59
70747 65 ,, 39
70748 2 :, 36 :L. 23
70749 39 :L., 56
70750 .1.66 ,, 77
7075.1. 180.87
70752 .1., 787.05
70753 420 ,, 73
70754 1..,, 058.85
70755 46 ,, 86
70756 42 ,, 78
70757 50 ,, 00
70758 593 ,, 88
70759 3;, 908 ,, 48
70760 80.00
70761 1.1. 3.68
70762 99.62
70763 365.00
70764 50.00
70765 1.1.1.5.1.
70766 2 ;, 922 ,, 80
70767 383.74
70768 .1. 02 ,, 40
70769 62 ,. 50
70770 :1.22 ,, 26
7077 .1. 918 ,, 70
70772 :1. :1.7 ,, .1. :L
707'23 45.90
BRC F'];I~IANC;.'[AL. ,c'3Y,~TL:."M
03/20/98 OE",: 5
C; he c I,:. I-*It ~_~tory
3/2:.':~/98 COLJl,IC :1:1...
BANK V Ei:I,IDOF::
C;I..IE:E: K NO M BE:I::,'
BAN I( CHI::C K :I:I,IC-~ ACCOLJI,I'T'
D f':"l" E:X
ti:AC*)l...lii: W ]:I,I1.:.': CC)MI='AI,IY
I!i:L..V!N ~,i;AF:'E:TY SLIF:'F:'L_Y
lii:M)Bl...lii:M IFI,ITli:'I;:F'F;.::[ 8ES :I:I',tC;
F:'A C: :1: L.. :1: "f'Y
t::'ACT BOOK
F:'I...ANAGAN ~,i~AL_Ii:S :1] I,IC
F:'I...OW MFA,c.~UF:,'I'.".:ME:I,IT F'I. JBI..I.C.3H
G & I,I
GAV]:C; & 80N8 F:'L_UM)3]]NG
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GI...OC K ]:I,IC
GOCC0 MD/ DI::: GAF,'Y
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GOI::'HE:I:;,' STA"I"Iii: ONE>"CAL..L.
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GF:,' I (3C'),<ii;---C:OC:IF:'Iii:F;: & CO
HAI'INAY ' ,<i~ :I:I,IC
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Ir..A(]{iJ:i:R(;:~O :]] ST COF;.IJ::'.,
I...lii:lZF:' BROS,
LIBF;AP, Y
70774
70775
70776
70777
70778
70779
70780
7078:L
70782
70783
70784
70785
70786
70787
70788
70789
70790
7079.~.
70792
70793
70794
70795
70796
70797
70798
70799
70800
70801
70802
70803
70804
70805
70806
70807
70808
70809
708 :L 0
708 :L ~
70812
70814
70815
70816
70817
70818
70819
70~20
C ]:TY OF' COL.UMB ]:A I"IE::I:
GL..540{::,'-'V05.2:0 F'AGlii:
AM 0 Ut.I"I"
22;. 5:L
53., 86
49.60
41~8 .. :t 8
:t., 679. :L 5
103 .. 50
274. ':? !
36 ,. 00
1 :L :L ,, 51
1 ;, 0:,",~ :!;., 80
:L 79 .. 79
852. ,, 00
360 ,. O0
879 .. 06
50.75
:~. 80 ,, 00
'1.5,058,32
:L :1. 0 ,. 59
4,07 (.',. 60
:1. ::.:'.., 00
150 ,, 00
46,.69
3 :, :,'f;2. :L ,,25
;.::57.72
976 ,, :t 5
936.75
:L84 .. 45
580 .. 00
363 .. 00
65 ,. 00
:L :LB. 3:1.
159.93
33, I:'.49 .. 47
15.00
275.75
6,537.87
6.17
180..00
58 .. :L 2:'
654.50
76 .. 00
23 ~ 227 .. 50
255 ,, 00
:L, 545 .. 00
260., 47
99.50
.BI:::C F'ZI'-IAI',IC!AL SY,STEM
'}:'.'~/:E'0/98 08: 5
Cl"~e c: k H :i.-~-~'t o r y
3/25/98 COLJlqC:I:I...
8AN I,{ VENDOR
BAI',I I( CHI.:'-.]::: I(. :1: I',IG ACCf.]IJIq'T'
MASON/V l CTOR
MIE:D"I"OX I_ABOIRATOI.:.'.'[t~.:S,
MIE]',IAF~]D,~i; .F.;ASt..II,.JAY L..LIMBE:R--F'
I~tli..]T COI. JI'-IC]]:L.. Fi,'Ii.]C-)IOI'-IAI._ I')A"I"
MI!~:"FRCII::'C'IL..]:T~I,-I COt..,II-,IC]'.t... WAS
Ml!i:]"Fb'.]l::u]]l... ]: TAI'-I STATI.':' IJl'-I I VIE:
M :1: D-I',IORTHtii]:~I',I tii]...ECTF~ I C
I~I]:DWI'.-.':ST I...OCI< 8: SAF:T.-]
M ]: 1',11',l BI...UE: ]() I E:J ]: TAI...
M ]: I,!lqlii:AF:'Ot.. :[ S EQIJ :[ F'MIF_'NT CO
M ]: I'.-II',IE A F'O L..
M]:IqI',Ilii:SOTA DEF:'ARTMIZI'-IT OF'
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M ]: Iq tq I~[,S~ Ct ]" A ' [~-;
MI'-I C':H]:E]::'S OF:' F:'OI...]:CE ASSC'I
I~IOC)DY ' [.:; :[ I'-IVI~:S"f'(]F~S SIF.]:;:V I [.".:
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I,h':-]"f' :1: OI'-IAI... SE:M :[ IqAF.,',S~ IDF;:CIUF:'
I'.llii:l.,J HOt:;.' :1: ZOt'IS
Nli:'W YORK TZME:S/THE
I'IC)F~TH ME:'T'I::~O MAYORS A,S';SOC
NOFYT'Hlii]:::I'.I WATIFF:,' t,.,IORI<S ,~-31.,11::'
OF:'F:' ]: C:E: ][)E]::'O"f'
C)I::'F:'ICli[ OF:' I.,,IA'T'ER F:'I:~OGF:,'AMS
F:'AI::: 1',.' ,SI..,IF:'PI...Y ]:
I::'ATTC)N Z I'-ID.
F:'ET]"Y CASH -' MARY DLJGDAL.
t::'I-'I]:L.I..ZF',~ W]:l'-Ili'] & '.:BF:']:I::,'T,~
1::' :1: OFIEEF:,' lii:l"l(.";]: l',llii:E]:~ I Iq['; F:'A
F:' ]:"f't'tl!i:Y ]80WL:':,(i; - M.'[ NNE"¥.]F'OL.
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RAD:[C) SHAC
F;,'AF:' I TI::'1:;: :1: N'T' I I',IG -" F:'F~ Z DL_EY
ROAD
F,'C:ILIR I<lii: I::'UBt... ]: SH I I"IG GF~OLIF'
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SAF:'I:i:[31...tAF:,':I:) }}IL.IS ]: NE:SS SYSTE
,SAM 1:3 :l: ]Edi~Ol'.l SE:WEIR COMF:'AIqY
Slii:RC:C) LABS
S :1: MC'II'-I & SCHI. JS]"EF;,'
,S 0 I::'T W A R I:~: T A :t'. L.. 0 R S
[~;f.]IS OF:F' :[ (::iF.' F:'L,tF.,'N :1: 'TUt::,'Ii[
,:~'T ~d:~ "r I::., :[ ~'.',L}N E:
CITY 01:' COt_UMB:I:A I-IFZIGHT,~'3
(3L..[-'.40F:,'-.-V05.20 F:'AEilii:
CI--tP"C K i-,II..JMBE:R AMOL.II,I'T'
70821 575 .. 00
70822 85 ,, 50
70823 696.42
70824 57 .. 5:1.
70825 :L 2'2', 907.82
70826 50 .. 00
70827 4].2.6:1.
70828 13 :L .. 40
70829 2 ! 7., 66
70830 85 .. 20
70831 649., 41
70832 8,30 :L .. O0
70833 242. O0
70834 185.00
70835 ].7.98
70836 10 ,, O0
70837 45 :L ,, 83
70838 400 ,, 00
70839 50.00
70840 120 ,, 03
7084 :L 20 . 31
70842 99.00
70843 225 ,. 00
70844 208.00
70845 27.34
70846 311 ,, 04
70847 665.69
70848 1 :L 5.00
70849 203.30
70850 12:1. ,, 48
70851 100.00
70852 5.251 ,, 98
70853 2,280.00
70854 217.40
70855 1,733.08
70856 1 ,, 48
70857 44.19
70858 147 ,, 78
70859 228. ]. 5
70860 843.50
70861 17].. 34
70862 239.00
70863 16:L ,, 00
70864 104 ,, 76
70865 20.00
70866 770 ,, 18
70867 104 . 00
BI:bi I'" ZI'IANQ .'[ A.I.., SYS'¥EM
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70868 ! 51.66
.70869 191 ,, 66
70870 70.72
70871
70872 956 ,, 79
7087::'; 88 .. 74
70874 6,025.75
70875 700., 00
70876 195.00
70877 37,, 15
70878 3,040 ,. 58
70879 47 ,, 79
70880 151.26
70881 205 ,, 59
7088~; :S71 ,, 39
70884 46 ,, 56
70885 166.67
70886 84 ,, 14
70887 34 ,, 09
70889 22.
70890
70891 ]., 876.2 ].
70892. ! 37.48
861,510 ,, 86 .***
,,TO CITY COUNCIL MARCH 23, 1998
~'$i~n~'d Waiver Form Accompanied Application
1998 BUSINESS LICENSE AGENDA
APPROVED BY
CONTRACTORS
LOCATED AT
FEES
BUILDING OFFICIAL
Wenzel Heating
*Gene's Water & Sewer
*Gobeil Refrigeration
*John Henry Masonry
*R & N Roofing Const.
*Silvernail Enterprises
*Thermex Corporation
Cronstrom's Heating and Air Cond.
4131 Old Sibley Memorial Hwy.
3134 California St. N.E.
12921 Grandview Ct.
16904- 142"" St. S.E.
2555 Countryside Dr.
3645 Perry Ave. N.
3529 Raleigh Ave. S.
6437 Goodrich
40.00
40.00
40.00
40.00
40.00
4O.OO
40.00
40.00
TAXICAB DRIVERS
POLICE DEPARTMENT
*Gerald Russell Olson
230 Leighton Dr., Big Lake
20.00
TAXICAB VEHICLES
POLICE DEPARTMENT
*Town Taxi and Gerald R. Olson
*Suburban Taxi Corporation
1 taxicab #1 O0 within the City
1 taxicab #46 within the City
75.00
75.00
TEMPORARY ON'SALE CLUB LIQUOR
POLICE DEPARTMENT
*Immaculate Conception Church
By Mary Pat Zwack
4030 Jackson Street REQUEST FEES WAIVED
One day event, April 25, 1998
license.ag
The Church of the Immaculate Conception
March 18, 1998
City Council
City of Columbia Heights
Dear Council Members:
The Home & School Association of Immaculate Conception School is presenting its
second annual fund raising dinner/entertainment event on April 25. Last year several
hundred dollars was raised to support Home & School Association projects. This year's
net proceeds will be added to the school media and technology fund. This fund will be
used to improve the media and computer resources. In a society where technology is
advancing so rapidly, it is very important for students to be exposed to current versions of
computer software.
Our dinner event is fairly small and not expected to generate much profit. I am asking
that you please waive the city application fee for this year's event.
Thank you for your support, time and consideration.
Sincerely,
Mary Pat Zwack
Dinner Event Coordinator
School Board Chair
Immaculate Conception School
4030 Jackson Street Northeast, Columbia Heights, Minnesota 55421-2929
(612) 788-9062
' 'H'EiGH-i:¢
' C TY OF COLUMBI
, ' ' 65~'38TH AVENUE N. E.~ CO¢'UMBIA HEiGHTS~ MN 55421'3806 (612) 752-82~ TBD 782-2806 ' - '~ P~S
in 1872, d. Sterling_Morton proposed to the Nebraska Board of Agriculture that a spec/a/
day he set aside for the planting ~o! tree~,'~#d ~ ~
WHEREAS: This holiday, Ca/led Arb°r Day, was first o~servedW?tb the P/ant/ny of more t~an ami/lion
trees in ~ehraska, and
WEERE~ & ~rJor 8ay is now o~serye8 thr°~hout t~e nation and t~e' World
WHEEEAS: Trees can reduce the eros/On of ~ur pre~ioUS topsoil by wind and water, cut heating and
coolinE =~ts, moderate thetem~ratu[e; c(ea" the air, Produce=oxygen and provide hahitat
for Wildlife, and
~..~., :'~ ~' . ~': ~.
WHEEEAS: Trees are a renewable resour~ giving us paper, wood for our homes, fuel for Our fires and
count/ess or, or wood prodact~, ~nd
WHEREAS: Trees b our city bcrease Prope~y valueS, enhance ~he eCOnom/C vitality of business areas,
and ~eautifyOur community, and '
WEEBEA S: Trees are a source oI~oy ~ag spi~[ta~l re~l, ~ad
WHEHE~ & The City of ~iumNa Heights has been .... *
mmgn/zed as a Tree city USA hy Tho Nationai Arbor
Day FoundatiOn and desires to continue i~ tree Pi~ntin9 Ways, '
NO~ THEEEFOEE, i, Joseph gturdevaflt, Mayor of the City of Columbia Heights, do hereby proc/aim April
24, ~8, to ~
~ETHEJ: i urge all citizens to P/ant tiers t~ gladden.t~e hea~s and promote the weil'hei~g of present
and future generations. '
DATED: This 2~rd. dayof March:.
' ~' · .~.Mayor Joseph $~urdevant
THE CITY pF COLUMBIA H EIGHTS' DOES N~OT [~C~IMJ~NA~E ~)'1~ THeE ~'i~ o~;'bi~BIL~ CN EMPLO~EN't O~ THE PROVISION OF SERVICES
01 :l'rpm
From-KENNEDY & GRAVEN
61Z33?g310
T-491 P.OZ/OZ F-47:~ '~~
I~ D~ (612) 357-9270
March 23, 1998
To;
Re:
Water Fehst and the Merabers of the CiD' CouaciI of the City of Columbia Heights,
Minnesota
City of Columbia Heights, Minnesota, Mutt{family and Health Care Faci/Jties Revenue
Bonds {Crest View Corporation Proj~t), Series 1998
Enclosed for yoar review is a final draft of the bond resolution (~e "Resolution") with
respect to the above-referenced bonds (the "Bonds"). The Resolution authorizes the issuance of
the Bonds, the execution und dehvery of various documents in conjunction with the issuance of
the Bonds, and the execution and delivery of certain closing iasn-um~nts, certificates, and other
documents. The only changes to the Resolution are a sligl~t change in r~c principal amount of
the Bonds to be issued, the addition of references to certain bond documents, and technical
corrections.
Upon adoption of the Resolution, a closing dar~ will be scheduled for the issuance of the
Bonds. k is currently expected that the Bonds will be issued on March 31, 1998.
Please contact me if you have any questions with regard to the foregoing.
John Ufley
RESOLUTION NO. 98- 35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ISSUANCE,
SALE, AND DELIVER 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
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 1991A (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 $10,105,000, to provide funds to the Corporation to
defease the Series 1987 Bonds, the Series 1991A Bonds, and the Series 1991B Bonds, to redeem
certain other outstanding indebtedness of the Corporation, to finance certain improvements to the
existing facilities of the Corporation (the "Facility"), 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
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 Leases and Rents will be assigned to the Trustee under the terms of an
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 Issuer 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 $10,105,000. 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.
Ail 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
2
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.
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 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 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 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 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 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 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 do 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.
3
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 Assignment of Mortgage, and the other
sources set forth in the Indenture.
o
Bonds.
The Trustee is hereby appointed as Paying Agent and Bond Registrar for the
7. The Mayor and 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 and 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 hereby consents to the distribution and the use by the
Underwriter in connection with the sale of the 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 the 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. 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 such 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 personally on the Bonds or be subject to any
I3crsoual liability or accountability by reason of the issuance thereof.
4
No provision, 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 charge 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.
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..
6
Adopted by the City Council of the City of Columbia Heights this twenty-third day of
March, 1998.
Offered by:
Seconded by:
Roll call:
Mayor
Council Secretary
CERTIFICATION
I hereby certify that the foregoing resolution is a tree 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.
City Clerk-Treasurer
JCU138961
CL162-14
CITY COITNCIL LETTER
Meeting of: March 23, 1998
AGENDA SECTION: Public Hearing - Resolution ORIGINATING DEPARTMENT: CITY MANAGER' S
No. 98 - 39 Administration APPROVAL
NO. 6 W. Fehst
ITEM: Resolution Regarding Final Resolution BY: J. Student BY: j~/~
with Respect to Housing Bonds for Crest View DATE: March 19, 1998 DATE:
Corporation &, ~
Attached is a letter from John Utley, bond counsel from Kennedy & Graven which addresses
the resolution regarding housing bonds for Crest View Corporation.
Mr. Utley has met the requirement for publication of the public hearing notice.
MOTION: Move to close the public hearing and waive the reading of the resolution there
being ample copies available for the public.
MOTION: Move to adopt Resolution No. 98-39 being a resolution regarding final resolution
with respect to housing bonds for Crest View Corporation.
COUNCIL ACTION:
C H A R
TERED
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
e-mail: attys@kennedy-graven.com
JOHN UTLEY
Attomey at Law
Direct Dial (612) 337-9270
March 19, 1998
To: Walter Fehst
Re:
City of Columbia Heights, Minnesota, Multifamily and Health Care Facilities Revenue
Bonds (Crest View Corporation Project), Series 1998
Enclosed is the bond resolution (the "Resolution'') with respect to the above-referenced
obligations (the "Bonds"). The Resolution provides final authorization for the issuance and
delivery of the Bonds and execution and delivery of the Indenture, Loan Agreement, Mortgage,
Assignment of Leases and Rents, Assignment of Mortgage, and the certificates and other
documents to be prepared in conjunction with the issuance of the Bonds. It is currently proposed
that the preclosing and closing take place in the offices of Kennedy & Graven on Monday, March
30, and Tuesday, March 31. I will call you to make arrangements for the execution of the
documents by you, the Mayor, and the City Clerk-Treasurer.
The consideration of the Resolution by the City Council is scheduled for the next regular
meeting of the City Council on Monday, March 23. The consideration of the Resolution must
be preceded by a public hearing to be held on or after 7:00 p.m. before the City Council. The
public notice for the public hearing was published in the Minneapolis StarTribune on Friday,
March 6, 1998. I will bring an affidavit of publication to the public hearing for your records.
Please contact me if you have any questions with regard to the foregoing.
John Utley
JCU138217
CL162-14 1
RESOLUTION NO. 98- 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ISSUANCE,
SALE, AND DELIVER 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
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 1991A (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; 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 $10,075,000, to provide funds to the Corporation to
defease the Series 1987 Bonds, the Series 1991A Bonds, and the Series 1991B Bonds, to redeem
certain other outstanding indebtedness of the Corporation, to finance certain improvements to the
existing facilities of the Corporation (the "Facility"), 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
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 Leases and Rents will be assigned to the Trustee under the terms of an
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 Issuer 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 $10,075,000. 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 forms now on file with the Issuer.
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
2
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, and the manual or facsimile
execution of the Bonds by the Mayor and the Manager and the delivery of the Bonds by the
Issuer shall be conclusive evidence of such determination.
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 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 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 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 Manager are hereby authorized and directed to execute and deliver
the Loan Agreement, the Assignment of Mortgage, 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, Assignment of Mortgage, 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 Loan
Agreement, Assignment of Mortgage, 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
do 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.
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 Assignment of Mortgage, and the other
sources set forth in the Indenture.
Bonds.
The Trustee is hereby appointed as Paying Agent and Bond Registrar for the
7. The Mayor and 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 and 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 stffficiency, 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 the Bonds of the Preliminary Official Statement and
the Official Statement in the forms on file with Issuer. 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.
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. 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 such 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 personally on the Bonds 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 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 charge 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.
4
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.
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.
5
Adopted by the City Council of the City of Columbia Heights this twenty-third day of
March, 1998.
Offered by:
Seconded by:
Roll call:
Mayor
Council Secretary
CERTIFICATION
I hereby certify that the foregoing resolution is a tree 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.
City Clerk-Treasurer
JCU138961
CL162-14
RESOLUTION NO. 98- 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ISSUANCE,
SALE, AND DELIVER 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
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 1991A (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 Series 1987 Bonds, the Series 1991A Bonds, and the Series 1991B Bonds, to redeem
certain other outstanding indebtedness of the Corporation, to finance certain improvements to the
existing facilities of the Corporation (the "Facility"), 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 Agreemem 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 Rems, 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
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 Leases and Rents will be assigned to the Trustee under the terms of an
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 IsSUer 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 amendmems 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
2
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.
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 therein.
Ail of the provisions of the Indenture, when executed as authorized herein, shah 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 Manager, in their discre~tion, shall
determine, and the execution thereof by the Mayor and the Manager shall be conclusive evidence
of such determination.
4. The Mayor and 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 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 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 do 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.
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 Assignment of Mortgage, and the other
sources set forth in the Indenture.
Bonds.
The Trustee is hereby appointed as Paying Agent and Bond Registrar for the
7. The Mayor and 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 and 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 hereby consents to the distribution and the ~use by the
Underwriter in connection with the sale of the 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 the 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. 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 such 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 personally on the Bonds or be subject to any
personal liability or accountability by reason of the issuance thereof.
4
No provision, 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 charge 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.
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.
Adopted by the City Council of the City of Columbia Heights this twenty-third day of
March, 1998.
Offered by: s z u r e k
Seconded by: Sturdevant
Roll call: All ayes
Mayor
Council Secretary
CERTIFICATION
I hereby certify that the foregoing resolution is a tree 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.
City Clerk-Treasurer
JCU138961
CL162-14
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ISSUANCE,
SALE, AND DELIVER 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
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 1991A (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 Series 1987 Bonds, the Series 1991A Bonds, and the Series 1991B Bonds, to redeem
certain other outstanding indebtedness of the Corporation, to finance certain improvements to the
existing facilities of the Corporation (the "Facility"), 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
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 Leases and Rents will be assigned to the Trustee under the terms of an
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 IsSUer 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 execnted as authorized herein, shall be deemed
to be a part of this resolntion 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
2
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.
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 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 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 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 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 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 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 do 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.
3
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 Assignment of Mortgage, and the other
sources set forth in the Indenture.
o
Bonds.
The Trustee is hereby appointed as Paying Agent and Bond Registrar for the
7. The Mayor and 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 and 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 hereby consents to the distribution and the use by the
Underwriter in connection with the sale of the 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 the 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. 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 such 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 personally on the Bonds or be subject to any
9ersonat liability or accountability by reason of the issuance thereof.
4
No provision, 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 charge 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 resolutions 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.
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.
6
Adopted by the City Council of the City of Columbia Heights this twenty-third day of
March, 1998.
Offered by:
Seconded by:
Roll call:
Council Secretary
Mayor
CERTIFICATION
I hereby certify that the foregoing resolution is a tree 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.
City Clerk-Treasurer
JCU138961
CL162-14
CITY COUNCIL LETTER
Meeting of: 3/23/98
AGENDA SECTION: ITEMS FOR CO~I~ I DERATI ON ORIGINATING DEPARTMENT: CITY MANAGER
NO: q PUBLIC WORKS
ITEM: AWARD OF CONTRACT FOR ZONE 3 BY: K. Hanse~. BY:J~//~
STREET AND UTILITY IMPROVEMENTS q ,. ~ .- t DATE: 3/19/9~~'~ DATE:
Background:
On January 27, 1998, City Council ordered the street and utility improvements in Zone 3. Plans and specifications were
advertised for bids February 20, 1998. Twenty-two contractors or suppliers requested copies of the bidding documents. Four
bids were received and publically read aloud at the March 17, 1998 bid opening. A copy of the complete bid tabulation is
attached.
Analysis/Conclusions:
The low base bid was submitted by Midwest Asphalt Corporation in the mount of $1,097,439.56. Alternate bids were received
for substituting PVC for DIP watermain pipe material and for substituting HDPE for RCP storm sewer pipe material. The low
bid was 1.97% over the engineer's estimate of $1,076.250.75. Staff is not recommending the PVC watermain alternate but is
recommending the HDPE storm sewer alternate for a revised base bid, accepting alternate B, of $1,095,419.56.
Based upon the low bid from Midwest Asphalt, staff is recommending the following funding sources:
Street Construction
Infrastructure Fund:
Capital Improvements Projects Fund: (Assessments)
$216,679.46
$530,092.00
Utili .ty Construction
Water Construction Fund: $261,878.50
Sewer Fund
Sanitary Sewer: $ 8,948.35
Storm Sewer: $ 77,807.04
In previous years, inter-fund loans were made to the PIR to pay for the construction. Currently, cash available to fund the
construction is limited as the City has in excess of $2.5 million in internal loans. For this reason, there is the potential for
bonding for the 1998 Street Rehabilitation Program. Combining this with the fact that bonding rates are close to a 25-year low
makes bonding a very viable financing option.
To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. X
copy of a memo dated 3/19/98 from Finance Director Elrite is attached further explaining the bonding option. It should be noted
that the resolution does not commit the City to bonding or the dollar amounts stated, but keeps the option for bonding open in the
future, up to the dollar amount specified.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 3/23/98
AGENDA SECTION: RESOLUTION ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: AWARD OF CONTRACT FOR ZONE 3 BY: K. Hansen BY:
STREET AND UTILITY IMPROVEMENTS DATE: 3/19/98 DATE:
Continued - Page 2
RECOMMENDED MOTION: Move to award the contract for Municipal Projects #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
I-IDPE 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.
RECOMMENDED MOTION: Move to approve the declaration for the official intent of the City of Columbia Heights to
Bond for Street Rehabilitation work.
KH~b
98-100
Attachment:
Memo dated 3/19/98
Resolution
COUNCIL ACTION:
RESOLUTION No. 98-
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:
The City reasonably intends to make expenditures for a project 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 in the maximum principal amount of $1,150,000.
This resolution is intended to constitute a declaration of official intent for purpsoes
of Tres. Reg. 1.150-2 and any successor law, regulation, or ruling.
Dated this 23rd Day of March , 1998
Offered by: Ruett imann
Seconded by: Sturdevant
Roll Call: A11 ayes
CITY OF COLUMBIA HEIGHTS
By:
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
CERT~ICATION
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.
(Seal)
Jo-Anne Student
Deputy City Clerk
DATE:
CITY OF COLUMBIA HEIGHTS
MARCH 19,1998
RECEIVED
MAR 1 9 1998
PUBLIO WORKS
TO:
FROM:
KEVIN HANSEN
PUBLIC WORKS DItLECTORJCITY ENGINEER
WILLIAM ELRITE ~ ~
FINANCE DIRECTOR
CITY BONDING
This is a follow-up to our discussion on City bOnding for infrastructure improvements. I have
attached a letter dated December 19, 1997, from Stephanie Galey along with a sample resolution
format. This resolution should be filled out and adopted at the same time the City Council
approves the project, and definitely before any expenditures are made. As indicated in
Stephanie's letter, we should use a generous estimate for the amount of bonding. I recommend
using the total amount of the project costs. I have also discussed this with Walt, and he would
like your Council letter amended to include the resolution and the potential bonding alternative.
If I can be of any assistance in this endeavor or in the preparation of the Council letter, please let
me know. It should be noted that the alternative to bonding is internal borrowing from other
funds. However, cash available in other funds is limited since currently we have well in excess of
$2.5 million in internal loans. This, combined with the fact that bonding rates are close to a 25-
year low, makes it very appealing to do bonding at this time.
WE:dn
9803192
cc: Walt Fehst, City Manager
Attachment
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0
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o ~'o
CITY COUNCIL LETTER
Meeting of: March 23, 1998
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY:
Pool/Billiard Halls
NO: DATE: March 11, 1998
BACKROUND
This office has received a request from the owners of Jimmy's Pro Billiards of 4040 Central Avenue for an amendment to Section 5.402(7)
of the License Ordinance Section pertaining to the licensing of Pool/Billard Halls. A copy of that request is attached.
The section pertaining to the licensing of pool/billiard halls was amended by Ordinance #1286 on May 9, 1994 under the recommendation
of former City Manager, Pat Hentges.
The License Review Committee has also reviewed this section and recommend some minor changes which would include moving the verbage
of Section 5.402(8) forward in the ordinance and renumbered it as Section 5.402(2). In that section, we also recommend eliminating the
reference to the specific Chapter 9.105(5) and change it to read the Zoning Ordinance. It is the possibility that the chapter numbers of
items in the Zoning Ordinance will be changing once it is rewritten and reworked this year.
The change previously explained will alter the sequence of the numbers of the sections.
Section 5.402(7) has also been reworked in format and a new section created for item 5.402(7)(ii) which is proposed Section 5.402(9) and
includes the proposed new language explained further in this letter and as addressed in the Draft #1 of Ordinance No. 1370.
ANALYSIS/CONCLUSION
The License Ordinance Review Committee has reviewed and discussed the request for the ordinance amendment. Rather than changing
the current Ordinance to allow those under eighteen (18) on the premises without a parent or legal guardian, the Committee proposes adding
an exception to the current 5.402(7)(ii), (Proposed Draft #1 of Ordinance No. 1370 (New) Section 5.402(9)) which would read: "Any
pool hall or billiards hall operating pursuant to Section 5.402(8)(b) shall prohibit any person not at least 18 years of age from entering the
establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or
other recreational activity sponsored and/or supervised by a public entity or civic organization".
The Committee offers a second option as addressed in Draft #2 of Ordinance No. 1370 that would be to allow juveniles in the facility, but
to limit the hours of operation to coincide with the curfew ordinance: Sundays through Thursdays, 5:00 a.m. to 10:00 p.m. and Friday
and Saturday from 5:00 a.m. to 11:00 p.m.
COUNCILACTION:
CITY COUNCIL LETTER
Meeting of: March 23, 1998
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: ITEHS FOP, CONS I DERATI ON License Department APPROVAL
Pool/Billiard Halls
DATE: March 11, 1998
RECOMMENDED MOTION
Move to waive the reading of Draft #1 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Pool/Billiard Halls as ample copies are available to the public.
Move to adopt Draft #1 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls
implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance No. 1370 on April
13, 1998.
ALTERNATE MOTION
Move to waive the reading of Draft #2 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Pool/Billiard Halls as ample copies are available to the public.
Move to adopt Draft #2 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls
implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance No. 1370 on April
13, 1998.
COUNCIL ACTION:
ccag398
FEB E?'SS 1E:~? FR SEAGATE
~1~ 8~ 5708 TO ~78~801
P.OI×OE
To: Kathryn R Pepin
Kathy could you please put th~s ott thc agenda for the m~rch cotm,~l meeting.
Cai1 m~ with arty qucstion or concerns, thanks ag'tin.
David L Waga~r
Ol~ce: 806-2516
Home: 5z~6-8193
1~:~7 FR SER6RTE ~1~ 844 5788 TO 978~801
To the counsel members of the City of Columbia Heights,
We at $/mmy's Pro Bi~li/~rds would like to r~qucst a charge tu ~he ordinance r trictin
un~ccompani~l minors from enm'in~ our business. We ~e, to the best of our knowledge,
the only business w/thout alcohol or offensive mata'ial that has a restricted li~en~. We
would like to make this change for the following masons:
1. We offer a dean well managed business that is safe and fun for all age
2. We offer structured league play that consists of three person teams.
3. We offer tournament play for ali skill levels including beginners.
4 We offer pool, video games, soft drinks and finger food.
$. We offer employmellt opporpmities to the comml]n~t~,
If this change were/fan.d:
1, We would honor the curfew rules of Anoka County.
2. We would use the PA system to ~-uounce curfew restrictions.
3. We would seek the advice of the Columbia Heights police dept.
4. We would hire additional staff if necessary to maintain a safe dean environment.
5. We would mentor and be positive role models for mfuor$ and the commtt~ty,
Wc look forward to discussing this further and thank you for your continued support,
Your friends ~ Jimmy's Pro Bifliards
** TOTAL PAGE.002 **
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD
HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads
as follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.402(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a
business;
whether the licensee or operator of the pool hall or pool tables would have
operational control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or
billiards hall, within two hundred (200) feet of
any school building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of
age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section
5.402, a conditional use permit shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
2
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City received five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall:
fencing of stolen goods, possession andlor distribution of controlled substances, public intoxication, disorderly conduct
or assault.
Shall hereafter be amended to read as follows:
SECTION 2 POOLIBILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person:
(a)
(b)
Possesses a license issued pursuant to the provisions of this
chapter; and
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this
chapter.
5.402(2)
5.402(3)
5.4O2(4)
For any person operating a pool hall or billiards hall pursuant to this
section, a Conditional Use Permit shall be required and issued pursuant to
and in accordance with the provisions of ~ the Zoning
Ordinance.
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games
5.411 (2)(b-e).
or devices as defined by
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
i~dicating;
5.402(5)
5.402(6)
5.402(7)
5.402(8)
{-ii) 5.402(0)
5.402(1 O)
(a)
(b)
(c)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant
for such a business;
Whether the licensee or operator of the pool hall or pool tables
would have operational control over both business activities;
Whether the operation of pool tables would be an incident of
said other licensed business, or would be an independent
business sharing the same premises.
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section ~ shall be located:
(a)
Within three hundred (300) feet of any school building or church,
or
(b)
If no alcohol is served at the pool hall or billiards hall, within
two hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any
person not at least 18 years of age from entering the establishment as a patron
unless accompanied by a parent or legal guardian except when involved in an
official school, religious, or other recreational activity sponsered and/or
supervised by a public entity or civic organization.
The license may be revoked or suspended in accordance with this chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
(a)
Fraud, deception or misrepresentation in connection with the
securing of a license;
(b)
Conduct inimical to the interests of public health, safety and
welfare;
(c) Conduct involvin9 moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court
of competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an
initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be 9rounds for
revocation of the license if the Police Department for the City receives five or more complaints within one month's
time of any of the following activities occurrin9 within, upon or around the premises operating the licensed
pool/billiard hall: fencing of stolen 9oods, possession and/or distribution of controlled substances, public intoxication,
disorderly conduct or assault.
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD
HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which cur'rently reads
as follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.4O2(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
Shocker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a
business;
whether the licensee or operator of the pool hall or pool tables would have
operational control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications
utilized, and
utilized, the
shall contain a statement of the number of gaming tables to be
whether the tables are coin operated, and if arcade games are to be
number of said games.
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall'be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or
billiards hall, within two hundred (200) feet of
any school building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of
age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section
5.402, a conditional use permit shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
2
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City received five or more complaints within one mon;~h's
time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall:
fencing of stolen 9gods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct
or assault.
Shall hereafter be amended to read as follows:
SECTION 2
POOL/BILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person:
(a)
Possesses a license issued pursuant to the provisions of this
chapter; and
(b)
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this
chapter.
5,402(2)
For any person operating a pool hall or billiards hall pursuant to this
section, a Conditional Use Permit shall be required and issued pursuant to
and in accordance with the provisions of ~:~:~'~:~
~::~:~::~i~ the Zoning
Ordinance.
5.402(3)
For the purpose of this section, the terms "pool hall" a~d "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing, of any of the following.or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by
5.411(2)(b-e).
5.402(4)
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.4O2(9)
5.402(10)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant
for such a business;
Whether the licensee or operator of the pool hall or pool tables
would have operational control over both business activities;
Whether the operation of' pool tables would be an incident of
said other licensed business, or would be an independent
business sharing the same premises.
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section ~ shall be located:
(a)
Within three hundred (300) feet of any school building or church,
or
(b)
If no alcohol is served at the pool hall or billiards hall, within
two hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any
person not at least 18 years of age from entering the establishment as a patron
unless accompanied by a parent or legal guardian.
Hours of operation Sunday through Thursdays shall be between the hours
of 5:00 a.m. and I0:00 p,m. and on Friday and Saturday between the hours
of 5:00 a.m, and 11:00 p.m.
5.402(11)
The license may be revoked or suspended in accordance with this chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
(a)
Fraud, deception or misrepresentation in connection with the
securing of a license;
(b)
Conduct inimical to the interests of public health, safety and
welfare;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court
of competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an
initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City receives five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed
pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication,
disorderly conduct or assault.
poolord
CITY COUNCIL LETTER
Meeting of: March 23, 1998
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: I TEHS FOR CONS i DERAT I ON License Department APPROVAL
ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY: ~'
Pool/Billiard Halls
DATE: March 11, 1998
r o:
RECOMMENDED MOTION
Move to waive the reading of Draft #1 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Pool/Billiard Halls as ample copies are available to the public.
Move to adopt Draft #1of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls
implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance No. 1370 on April
13, 1998.
ALTERNATE MOTION
Move to waive the reading of Draft #2 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Pool/Billiard Halls as ample copies are available to the public.
Move to adopt Draft #2 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls
implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance No. 1370 on April
13, 1998.
COUNCIL ACTION:
ccag398
FEB Z?'SB 1Z:Z? FR SEAGATE
~1~ 8dd 5708 TO B78~801
P.01×0~
To: Kathryn R Pepin
Kathy could you pl~e put th/s on ~he agenda for the march counsel meet/ng.
CalI me with any question or concerns, thanks again.
David L Wagner
Off, ce: 806-2516
Home: 5~,6-8 Ig3
FEB ~7'B8 1~:~? FR SEAGATE 61~ 84a 5788 TO 978~801 P.0~×08
To the counsel members of the City of Columbia Height,s,
We at $immy's Pro Billiards would like to r~lUCSt a chan~e in thc ordinance rr~tricting
unaccompanied minors from cntcI4.n$ our business. We are, to the best of our knowledge,
the only business without alcohol or offensive material that has - restricted license. We
would like to make this change for the following reasons:
1. We offer a clean well nmnaged b-~ness that is safe and fun for aH age groups.
2. We offer structured league play that consists of three person teams,
3. We offer tournament play for aH skill levels including beginners,
4 We offer pool, video games, soft drinks and ffn.oer food.
$. We offer employment opportamlties to the commttnity.
If this change were granu:ch
1. We would honor the curfew rules of Anoka County.
2. We would use the PA system to announce curfew restrictions.
~ We would seek the advice of the Columbia Heights police dept.
4. We would hire additional staff if necessary to maintain a safe cle~n environment.
S. We would mentor and be positive role models for m;-ors and the community,
We look forward to discussing this further and thank you for your continued support,
Your friends ~ Jimmy's Pro Billiards
** TOTRL PR6E.00~ **
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD
HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Cede of 1977, which currently reads
as follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.402(2)
For the purpose of this section, the terms "pool ball" and "billiards ball" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a
business;
whether the licensee or operator of the pool hall or pool tables would have
operational control over beth business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of ~aid games,
5.4O2(5)
5.402(6)
5.4O2(7)
5.402(8)
5.4O2(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or
billiards hall, within two hundred (200) feet of
any school building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of
age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section
5.402, a conditional use permit shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
2
in addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City received five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall:
fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct
or assault.
Shall hereafter be amended to read as follows:
SECTION 2 POOLIBILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person:
(a)
(b)
Possesses a license issued pursuant to the provisions of this
chapter; and
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this
chapter.
5.402(2)
5.402(3)
5.402(4)
For any person operating a pool hall or billiards hall pursuant to this
section, a Conditional Use Permit shall be required and issued pursuant to
and in accordance with the provisions of ~ the Zoning
Ordinance.
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games
5.411 (2)(b-e).
or devices as defined by
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
5.4O2(5)
5.402(6)
5.402(7)
5.4O2(8)
5.402(9)
5.402{10)
(a)
(b)
(C)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant
for such a business;
Whether the licensee or operator of the pool hall or pool tables
would have operational control over both business activities;
Whether the operation of pool tables would be an incident of
said other licensed business, or would be an independent
business sharing the same premises.
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section ~) shall be located:
(a)
Within three hundred (300) feet of any school building or church,
or
(b)
If no alcohol is served at the pool hall or billiards hall, within
two hundred (200) feet of any school building or church.
Any pool hall or billiards halt operating pursuant to 5.402(8)(b) shall prohibit any
person not at least 18 years of age from entering the establishment as a patron
unless accompanied by a parent or legal guardian except when involved in an
official school, religious, or other recreational activity sponsered and/or
supervised by a public entity or civic organization.
The license may be revoked or suspended in accordance with this chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
(a)
Fraud, deception or misrepresentation in connection with the
securing of a license;
(b)
Conduct inimical to the interests of public health, safety and
welfare;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court
of competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an
initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City receives five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed
pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication,
disorderly conduct or assault.
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD
HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads
as follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.402(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.4O2(3)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a
business;
whether the licensee or operator of the pool hall or pool tables would have
operational control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
5.4O2(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement Whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall'be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or
billiards hall, within two hundred (200) feet of
any school building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of
age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section
5.402, a conditional use permit shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City received five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall:
fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct
or assault.
Shall hereafter be amended to read as follows:
SECTION 2
POOL/BILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person:
(a)
Possesses a license issued pursuant to the provisions of this
chapter; and
(b)
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this
chapter.
5.402(2)
For any person operating a pool hall or billiards hall pursuant to this
section, a Conditional Use Permit shall be required and issued pursuant to
and in accordance with the provisions of ~ the Zoning
Ordinance.
5.4O2(3)
For the purpose of this section, the terms "pool hall" a~d "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing, of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
Shocker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by
5.411(2)(b-e).
5.402(4)
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
5.402(1 O)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant
for such a business;
Whether the licensee or operator of the pool hall or pool tables
would have operational control over both business activities;
Whether the operation of pool tables would be an incident of
said other licensed business, or would be an independent
business sharing the same premises.
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section (-i-) shall be located:
(a)
Within three hundred (300) feet of any school building or church,
or
(b)
If no alcohol is served at the pool hall or billiards hall, within
two hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any
person not at least 18 years of age from entering the establishment as a patron
unless accompanied by a parent or legal guardian.
Hours of operation Sunday through Thursdays shall be between the hours
of 5:00 a.m, and 10:00 p.m. and on Friday and Saturday between the hours
of 5:00 a.m. and 11:00 p.m.
5.402(11)
The license may be revoked or suspended in accordance with this chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
(a)
Fraud, deception or misrepresentation in connection with the
securing of a license;
(b)
Conduct inimical to the interests of public health, safety and
welfare;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court
of competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an
initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City receives five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed
pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication,
disorderly conduct or assault.
poolord
CITY COUNCIL LETTER
Meeting of: March 23, 1998
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY:
Pool/Billiard Halls
NO: DATE: March 11, 1998
BACKROUND
This office has received a request from the owners of Jimmy's Pro Billiards of 4040 Central Avenue for an amendment to Section 5.402(7)
of the License Ordinance Section pertaining to the licensing of Pool/Billard Halls. A copy of that request is attached.
The section pertaining to the licensing of pool/billiard halls was amended by Ordinance #1286 on May 9, 1994 under the recommendation
of former City Manager, Pat Hentges.
The License Review Committee has also reviewed this section and recommend some minor changes which would include moving the verbage
of Section 5.402(8) forward in the ordinance and renumbered it as Section 5.402(2). In that section, we also recommend eliminating the
reference to the specific Chapter 9.105(5) and change it to read the Zoning Ordinance. It is the possibility that the chapter numbers of
items in the Zoning Ordinance will be changing once it is rewritten and reworked this year.
The change previously explained will alter the sequence of the numbers of the sections.
Section 5.402(7) has also been reworked in format and a new section created for item 5.402(7)(ii) which is proposed Section 5.402(9) and
includes the proposed new language explained further in this letter and as addressed in the Draft #1 of Ordinance No. 1370.
ANALYSIS/CONCLUSION
The License Ordinance Review Committee has reviewed and discussed the request for the ordinance amendment. Rather than changing
the current Ordinance to allow those under eighteen (18) on the premises without a parent or legal guardian, the Committee proposes adding
an exception to the current 5.402(7)(ii), (Proposed Draft #1 of Ordinance No. 1370 (New) Section 5.402(9)) which would read: "Any
pool hall or billiards hall operating pursuant to Section 5.402(8)(b) shall prohibit any person not at least 18 years of age from entering the
establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or
other recreational activity sponsored and/or supervised by a public entity or civic organization".
The Committee offers a second option as addressed in Draft #2 of Ordinance No. 1370 that would be to allow juveniles in the facility, but
to limit the hours of operation to coincide with the curfew ordinance: Sundays through Thursdays, 5:00 a.m. to 10:00 p.m. and Friday
and Saturday from 5:00 a.m. to 11:00 p.m.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of March 23, 1998
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
I TEHS FOR CONS I DERAT I ON Fire APPROVAL
NO: t~
ITEM: Close Heating BY: Charlie Kewatt BY:
Rental License Revocation
~,, aa JO ' ~ DATE: March 23, 1998 DATE:
NO:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
James Egge regarding rental property at 943 42~a Avenue for failure to meet the requirements of the Housing
Maintenance Codes was previously scheduled to commence at the City Council meeting of March 23, 1998.
The public hearing on this property may now be closed in that the owner has complied with requirements of the
Housing Maintenance Code.
RECOMMENDED MOTION: Move 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.
COUNCIL ACTION:
Close Heating Council Letter
I TEHS FOR
AGENDA SECTION:
NO. ~ CONSIDERATION
ITEM: Authorization to Contract With PDI
NO. For Sergeant/Corporal Promotional
Process q' ~ ' t
CITY COUNCIL LETTER
Meedn~: of: March 23, 1998
ORIGINATING DEPARTMENT
BY: Thomas M. Johnson
DATE: March 19,
CITY MANAGER
APPROVAL: · ,,
DATE:
Background
On March 5, 1998, the Police and Fire Civil Service Commission met in order to review the three promotional processes that staff had
received information on. This review included processes from Labor Services, Inc., IPMA, and Personnel Derisions Inc. (PDI). After
reviewing the processes available, the Commission determined that PDI was the best process available. During the discussion, the
Commission raised questions about the necessity for the promotability index and simulation role play. Without these components of
the test, the cost would be under $3,000. Therefore, it was not taken before the Council at this point for recommended action. After
going through the process in depth, it was determined that there were some questions the Commission wanted answered about the
process, and the Chief of Police invited Harry Brule of PDI to meet with the Commission on March 18, 1998. During this meeting Mr.
Brule explained the process in detail and answered all of questions the Commission and staff had for him. The costs for this process
are as follows:
1. Orientation: Ail officers who are going to take the promotional process would be invited to attend. The officers would be informed
what the process will consist of, what if anything they should study, and how the process will be graded. This part of the process
would cost $350.
2. Written exam: Harry Brule did not recommend developing a test based on our policies and procedures. He states that he has test
instruments that will measure the ability of the applicants to supervise and direct individuals without going through all of the work
or cost of developing a new written test instrument. This part of the testing would cost $40/candidate for the first five candidates
and $25/candidate over five. Therefore, if all 14 eligible candidates were to take the test, this portion would cost us $425.
3. Promotability Index: This is a process where each candidate would evaluate each of the other candidates and rank order them as
to how they feel the other candidates would perform as a supervisor. This would also be done by each supervisor, including the
Chief of Police. The cost for this is $850.
The candidates with the top seven scores will move on from this point.
4. Oral interview: PDI will develop valid interview questions for our interview panel. Each candidate would answer the same questions
and would be graded according to their answer. This would cost $850.
5. Simulation Role Play: This would give the candidates a situational exercise where the candidate would have to explain what they
would do in a given supervisory situation. The cost for this would be $250 plus $85/candidate, or a total of $845.
6. Feedback: After the testing is completed, PDI personnel come in and meet with the candidates, go over their scores, and the process
used, and advise them on their individual results. The cost for this is $500.
Based on the proposed schedule and time frame for filling the positions, we are bringing it before the City Council now and requesting
that action be taken.
Analysis/Conclusion:
With the recommendation from Civil Service to use all six steps of the PDI process, the estimated cost would be $3,820. The Police
Department has budgeted $4,100 for this process under line 3050 in the Police Department budget and has tmexpended funds from
personnel openings that have yet to be filled this year.
Recommended Motion: Authorize the City Manager and 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.
TMJ:mld
98-117
COUNCIL ACTION:
COLUMBIA HEIGHTS CItARTER COMMISSION
JANUARY 15, 1998, MINUTES
7 P.M.
JOItN P. MURZYN HALL-GAUVITTE ROOM
CALL TO ORDER
The meeting was called to order by newly elected President, Nan Tilkens, at 7:08 p.m.
ROLL CALL
Members present: Bill Antzaras, Ted Landwehr, John Murzyn, Bruce Nawrocki, Gary Olson, Brian
Peterson, Teresa Synowczynski, Nan Tilkens, Jamie Verbrugge
Members absent and excused: Janis Larson
Members absent and unexcused: Joel Cason, Carol Crema-Klein, Dick Schmidt
Also present: Citizen Greg; Councilmember Don Jolly, Carole Blowers, Recording Secretary
There have been two members appointed this past week: Bruce Magnuson will replace Gary Olson and
Charles Christopherson will replace Dick Schmidt. Both new members were unable to attend tonight, due
to the short notice and other conflicts. The judge will be appointing a new member to replace Bruce
Nawrocki, plus there are still two other vacancies at this time. The Chief Judge encourages more
applications.
APPROVAL OF MINUTES
Motion by Bruce Nawrocki, seconded by Gary Olson to approve the minutes of October 16, 1997, as
presented. Motion passed unanimously.
CORRESPONDENCE
President Tilkens announced that she had received verbal communication from the City Manager, Walt Fehst,
on November 25th and December 1 st regarding commission dinners. There was not a city-wide commission
recognition dinner this year. Commissions were going on their own individual dinners. This information was
not learned until after our regular meeting in October. President Tilkens stated that she will put this item on
our July agenda this year, so it can be discussed in advance instead of after the fact.
President Tilkens passed out brochures regarding the Minnesota Design Team coming to Columbia Heights.
Ideas, help, and money (about $4,000 - $5,000) are needed for the project. Bruce Magnuson is the chair for
this committee.
OLD BUSINESS
New Pages for the Charter
New pages for Chapter 3, Section 17, along with the summary of all amendments were passed out at
tonight's meeting. New pages for Chapter 5, Sections 35 through 45, along with the summary of all
amendments were sent out with the agenda packet for tonight's meeting.
Continued Discussion of Certain Sections of the Charter
CHAPTER 2, SECTION 7, ELECTIVE OFFICES
The Mayor's term length was discussed. The City Attorney and Recording Secretary had prepared a draft
which was included h~ the packet regarding this section. The proposed wording would only change the
second to last sentence in Chapter 2, Section 7 to:
The mayor shall serve for a term of two four years and until a successor is elected and qualified~,
After brief discussion, a motion was made by Jamie Verbrugge, seconded by Teresa Synowczynski to
approve this draft of Chapter 2, Section 7, as presented, and consider this the first reading of the same.
Motion passed unanimously.
REPORT OF SUB-COMMITTEE ON WARD SYSTEM
A copy of the sub-committee meeting minutes of November 25, 1997, was sent with the agenda packet.
There was more discussion on how the lines would be drawn, the transition of doing this, and getting
assistance from staff. It was the consensus of the commission members to have this sub-committee continue
to meet and come up with ideas and a transition plan and possibly hold some public hearings to discuss the
pros and cons, and come back to the full commission at our April meeting. It was suggested that perhaps
we could have some of the councilmembers (possibly Steve Billings or Bob Barnett) from Fridley speak to
our commission members about the pros and cons. (They have a ward system in Fridley.) Members also
want to know what the opinions of the current councilmembers are on this subject. Perhaps they could be
invited to attend a future sub-committee meeting on this subject or to attend our April full Charter
Commission meeting. It was also suggested that perhaps a special meeting could be held in March.
Commissioner Landwehr arrived at 7:40 p.m.
Motion by Bruce Nawrocki, seconded by Brian Peterson that the sub-committee pursue the discussions on
this subject and ask if possible to have a recommendation to the full Charter Commission by a special
meeting called by the Chair, if and when there is such a recommendation forthcoming. The sub-committee
should continue to invite all Charter Commission members and City Council members to their meetings.
Motion passed unanimously.
CHAPTER 3, SECTION 16, COUNCIL MEETINGS
The reason this chapter is being discussed is whether twelve (12) hours of meeting notice is sufficient for
special meetings. Seventy-two (72) hours notice for regular meetings is required. It was questioned what
would constitute an emergency meeting be, i.e., litigation, personnel issues, natural disasters. It was noted
that in the statutory vs. Charter comparison (which members have), the City Attorney stated it was twenty-
four (24) hours notice for special meetings. The members would like the City Attorney to verify what is the
correct number of hours of notice for a special meeting, and what kind of item would constitute calling for
a special emergency meeting.
Page 2
1-15-98
C~IAPTER 2, SECTION 13, SALARIES
The current charter language states that the Mayor should receive a salary of $25.00 a month,
Councilmembers should receive a salary of $15.00 a month.
and
State statutes override in this section and the Mayor and Councilmembers can set their own salaries and
increases/decreases. Currently, the Mayor receives a salary of $9,000 plus benefits; councilmembers receive
a salary of $7,280 plus benefits.
Some commissioners felt that we should take out the present wording and put in "per state statutes" and refer
to those statutes. Some felt that wording should be put in the charter that the council would review salaries
every four years, and others felt the charter should state the salaries for the Mayor and councilmembers are
per the language in the charter, whatever new language we come up with. That way, the decision is taken
out of the hands of the council, and it would not be as much ora political issue.
There was discussion on how the salaries of our Mayor and Councilmembers compare with other
metropolitan cities salaries for Mayor and Councilmembers. That information is available through the
Association of Metropolitan Municipalities (AMM). Several Charter Commission members expressed that
they would like to see those figures for the last three years. The Recording Secretary will check with Linda
Magee, Assistant to the City Manager, to see if she has or can obtain these figures. Commissioners also want
to see the language in the state statutes regarding this section.
The Charter Commission will continue discussions on this issue at their next meeting after receiving the state
statutes wording and metropolitan salary information on the mayors and councilmembers.
Discussion on Councilmembers Voting on Various City_ Commissions
Discussion on this item stemmed from the current situation on the Planning and Zoning Commission, where
at the present time there are two councilmembers also serving on this commission as voting members. Bruce
Nawrocki stated that this is allowed by the administrative code, which originally set up the individual
commissions. At'ret some discussion on this subject, it was decided to have that part of the administrative
code brought or sent out to all commissioners.
Discussion on Emergency Ordinance Recently Passed by The City Council
Bruce Nawrocki questioned the legality and reasoning for a recently passed emergency ordinance pertaining
to who is in charge in the absence of the Mayor. Chapter 2, Section 10 of the City Charter states that a
president pro tempore shall be chosen who shall serve as President in the mayor' absence. It was questioned
why a president pro tempore was not elected in January, when a new member of the council was now on
board. Perhaps stronger language in the charter should be inserted as far as what the functions of the
president pro tempore would then be.
The Recording Secretary was directed to get the City Attorney's opinion on this emergency ordinance as
soon as possible.
Discussion of the Draft of the 1997 Annual Report
There will be a correction made to the annual report under "Membership". It will be corrected to read that
Page 3
1-15-98
Bruce Nawrocki, Gary Olson, and Dick Schmidt will continue to serve until new members are appointed,
even though their terms expired in September of 1997.
Motion by Jamie Verbrugge, seconded by John Murzyn, to approve the annual report with the above
correction and forward it on to the Chief Judge and City Clerk. Motion passed unanimously.
NEW BUSINESS
New membership lists were passed out to members present. This list shows the two new members names
listed, with their respective appointment dates.
ITEMS FOR NEXT REGULAR MEETING DATE
President Tilkens reiterated what items will be on the agenda for the next regular meeting of April 16, 1998,
at 7 p.m.:
* Second reading of Chapter 2, Section 7, regarding term of office for Mayor
* Sub-committee reports on ward system
* City Attorney's comments on Chapter 3, Section 16, regarding notice of upcoming council meetings
* Further discussion on Chapter 2, Section 13, regarding Mayor and Councilmembers salaries after
receiving comparable information on mayor and councilmembers' salaries in the metro area, and a copy of
the state statutes regarding this item
* City Attorney's opinion on emergency ordinance recently passed by the council regarding who is in
charge in the absence of the Mayor
* Further discussion on councilmember's voting membership on city boards and commissions after
receiving a copy of the administrative code which pertains to this issue.
There is the possibility there will be a special meeting held between January and April.
Charter Commission members felt at this time that the City Attorney would not need to be present at the next
regular meeting.
ADJOURNMENT
Motion by Ted Landwehr, seconded by Bruce Nawrocki, to adjourn the meeting at 9:33 p.m. Motion passed
unanimously.
Respectfully submitted,
-Carole J. Blow/r-/
Recording Secretary
Page 4
1-15-98
March 9, 1998
The meeting was called to Order by Chair, Barbara Miller at 7:15 p.m.. Those present were: Barbara
Miller, Richard Hubbard, Nancy Hoium, and Becky Loader.
It was moved seconded and passed to approve the minutes of the February 3rd meeting as mailed.
There is only one bill list, so please delete the second bill list from the agenda.
The February 23ra bill list was reviewed. It was moved, seconded, and passed that they be paid.
The accounting was reviewed.
Old Business:
1. An update on Minnesota Design Team effort was presented. Marsha has been representing the library on the
publfcity comm4.'ttee. Plans are..moving along and.the committee members have been very busy making
prel~arations and trying to promote community involvement. Marsha and Becky will participate in a video
production for this pu~ose. A schedule of events and volunte.er registration form was distributed to the Board
members. Barbara M~ller said that she would be available tlmt weekend, Richard Hubbard will try to make
arrangements with his employer to be free, and Nancy Hoium will be out of town and unavailable. Barbara
Miller reque, st. ed that the following statement be included in the official minutes of the meeting: She would like
to commend the staff for stePping in and responding extremely ,well to the extended absence of Becky due to
a family crisis. ,.
2. There h. as,been...no report from the Building Inspector about 'the possibility of a pitched roof at this time.
currently mree tzity owned buildings are experiencing roof leaks: C~ty Hall, Murzyn Hall, and the Library. A
local architect has offered to give his opinion, at no charge, about the feasibility of a pitched roof, including the
problems and concerns because of current roof top units for heating and air conditioning.
3. The City Council will be meeting with a consultant on 3/}0/98 t° discuss some issues that will impact the
proposed Long Range/Strategic Planning meetingscheduled for March 21. Due to the absence of two Board
mefnbers it was decided to table the Long RangePlanning portion of the meeting to a future date. The Board
members present made three date suggestmns: April 14, Ap/il 16, or April 28. Don and Pat will be polled and
then all Board members will be notffied of the chosen date. .
4. Page applications were extended until March 6 to fill the vacant page r)osition Anr)lications will be scored and
interviews set up. The Library will be doing their regular recruiting~for pages ifi~April.
5. Three candidates for the Clerk position were interviewed on March 3, and tested on March 5. Shari Brile7. has
been extended a conditional offer, and once all necessary forms and tests are completed a final offer will be
made, and the 30 hours per week can be scheduled.
New Business:
1. It was requested, due to many circumstances, that the money that had been budgeted for a National Conference
be re-allocated for training. It remains in the same line item, so no official Board action needs to be taken.
$1,500 would be used for advanced computer classes, and some budgeting seminars for staff.
2. Crossover statistics were reviewed.
3. The City version of the Annual Report was reviewed.
4. An update on the "bugging" of library materials was presented. The adult collection is complete. The first pass
of juvenile non-fiction has been completed. It appears that the "bugging" project will be t'inished well ahead
of schedule.
There being no further business the meeting was adjourned at 8:10 p.m.
Respectfully submitted, ~
Je~nine M. Schmidt Secretary to the Library Board of Trustees.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment
or employ_ment in, its services, programs, or activities. Upon request, a, ccommodation will be provided to allow
indiviituals with disabilities to participate in ali City of Columbia Heights services, programs, and activities.
CITY OF COLUMBIA HEIGHTS
Meeting el March 23, 1998
-'AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER
Relief Association Fire APPROVAL
NO:
ITEM: John A. Fearon BY: Charles Kewatt e~f'-~ BY
Leave of Absence
DATE: March 17, 1998 DATE:
NO: , ' .....
Columbia Heights Fire Department Volunteer Relief Association
Board of Trustees
Please be advised that John A. Fearon has been granted an extension to his six-month medical leave of
absence from the Volunteer Division of the Fire Department. The extension is for an additional six
months. The effective dates of this leave are March 1, 1998 to September 1, 1998.
RECOMMENDED MOTION: Moved to record an extension to the medical leave-of-absence status
for John A. Fearon, Volunteer Division, effective March 1, 1998 to September 1, 1998.
98-39
cc: Volumeer Relief Association Secretary
COUNCIL ACTION:
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS FIRE DEPARTMENT
BOARD OF TRUSTEES VOLUNTEER FIRE RELIEF ASSN.
JANUARY 12, 1998
o
CALL TO ORDER/ROLL CALL
The meeting was called to order at 11:52 p.m. by Mayor Pro-Tem
Peterson. Present were Mayor Pro-Tem Peterson and
Councilmembers Szurek, Jolly and Ruettimann.
APPROVAL OF MINUTES - DECEMBER 8, 1997
Motion by Ruettimann, second by Szurek to approve the minutes
of the December 8, 1997 Board of Trustees Meeting as
presented. Roll call: All ayes
RETIREMENT OF VOLUNTEER FIREFIGHTER
Motion by Ruettimann, second by Jolly to accept the
resignation, due to retirement, of Kenneth P. Stumpf from the
Columbia Heights Fire Department effective February 11, 1998;
and furthermore, to schedule pension payments through the
Volunteer Division Relief Association, per Article VI,
Schedule A. Roll call: All ayes
ADJOURNMENT
Motion by Ruettimann, second by Szurek to adjourn the Board of
Trustees Meeting at 11:53 p.m. Roll call: All ayes
Gary Peterson, Mayor Pro-Tem
Jo-Anne Student, Council Secretary