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HomeMy WebLinkAboutFeb 21, 1984 (2)OFFICIAL PROCEEDINGS SPECIAL MEETING COLUMBIA HEIGHTS CITY COUNCIL FEBRUARY 21, 1984 iMayor Nawrocki called the Special Meeting to order at 9:00 P.M.. Roll Call Hovland, Petkoff, Carlson, Peterson, Nawrocki - present Purpose of the Special Meeting To consider a request from Crest View Lutheran Home for the City Council to waive the re- quirements of its parlcing agreement with the City for the "Boulevard" project as it ap- plies to a mortgagee in possession or the assigns of such mortgage. The Minnesota Housing Finance Agence (MHFA), which is being asked for funding for this project, has stated it will not fund the mortgage if it must comply with the City's agre- ement with Crest View requiring Crest View or its assigns to comply with the parking requirements of the zoning ordinance if the building is converted to market rate (rather than senior citizen) housing. Mayor Nawrocki requested the City Attorney to advise the Council what could transpire if this request were granted and there were a default situation. The City Attorney stated that if there were a default on the mortgage for the "Boulevard" project then MHFA or anyone to whom they might sell the mortgage would not be required to honor the parking requirements of this agreement whether the project were converted into multiple housing or maintained its posture of elderly housing. He also stated that if Crest View wished to build the covered parking, new owners would not be required to give permission to Crest View or the City to enter upon the land. Therefore, the City. would have no practical way to enforce the agreement as Crest View would be relieved )f its responsibility because of the impossibility of performance under the agreement. A representative of Crest View said he is prepared to offer a letter of credit to MHFA for costs involved with on-site blacktopped parking spaces, but could not afford a letter of credit to cover the costs for the blacktopped parking spaces as well as covered parking spaces that presently are required by the City's agreement with Crest View because of the high costs involved. A lengthy discussion ensued that addressed the alternatives that could be pursued in this matter by both the City and by Crest View Lutheran Home. Motion by Peterson to strike the language "covered parking requirements" (page #2) from the Declaration of Covenants and Easements with the Crest View Lutheran Home. Councilman Peterson withdrew his motion. Motion by Hovland, second by Carlson to table this matter until the next regular Council meeting on February 27, 1984. Roll call: All ayes Adjournment Motion by Peterson, second by Carlson to adjourn the Special call: All ayes J~ne Student, 'Counci l~Je--L'l~etary Roll Bruce G. Nawrocki, Mayor