HomeMy WebLinkAboutDecember 15, 2003OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
DECEMBER 15, 2003
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
December 15, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
Pastor Bob Lyndes, St. Timothy's Lutheran Church gave the Invocation.
CALL TO ORDER/ROLL CALL
Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson,
Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki stated the NEI loan item, which was officially tabled at the last meeting, shouM be on this agenda
to table and be discussed in January. Wyckoff placed this under Items for Consideration ~8.
Wyckoff added Executive Session, item ~15 to the Consent Agenda, and the reading of a proclamation.
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS - none
Wyckoff stated that the City Employee o/the Year was announced at the employee holiday luncheon.
Wyckoff read the information regarding the winning employee for 2003, Steve Leese, of Public Works'.
CONSENT AGENDA
1) Approve City Council Meeting Minutes for November 24, 2003 regular City Council meeting and
the December 1, 2003 Truth and Taxation Hearing
a) Motion to approve the minutes of the November 24, 2003, regular City Council meeting as
presented.
b) Motion to approve the minutes of the December 1, 2003 City Council Truth and Taxation
Hearing.
2)
Accept Boards and Commissions Meeting Minutes
a) Motion to accept the October 21, 2003 minutes of the Housing and Redevelopment Authority.
b) Motion to accept the November 3, 2003 minutes of the Traffic Commission.
c) Motion to accept the November 4, 2003 minutes of the Library Board of Trustees.
d) Motion to accept the November 25, 2003 minutes of the Park and Recreation Commission.
3)
Establish Work Session meeting date for Monday, January 5, 2004 beginning at 7:00 p.m. in
Conference Room 1.
Fehst asked to remove this item, as a work session is not necessary.
4)
Adopt Resolution No. 2003-57, being a Resolution establishing a new maximum income of $22,800
for Senior or Retired and Disabled Persons to be eligible for special assessment deferral.
Motion to waive the reading of Resolution No. 2003-57, there being ample copies available to the
public.
Motion to adopt Resolution 2003-57, being a resolution establishing a new maximum income of
$22,800 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral.
City Council Minutes
December 15, 2003
Page 2 of 20
Fehst stated that we act on these each year for those that qualify.
RESOLUTION NO. 2003-57
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some
persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability
for whom it would be a hardship to make payments, and
Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home nde charter city to pass a resolution establishing
standards and guidelines for determining the existence of a hardship and for determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COOLUMBIA HEIGHTS:
This deferral procedure shall apply only to assessments which are payable in five or more annual installments.
This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant.
Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes.
This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue
of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall
have the same definition for purposes of assessment deferral as is used for social security purposes.
This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and
unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a
nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants.
In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk.
In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of
interest, if any, to be charged on the deferred assessment.
The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus
applicable interest shall become due and payable upon the occurrence of any of the following events:
· the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder;
· the sale, transfer or subdivision of the property or any part thereof;
· of the property should for any reason lose its homestead status; or
· if for any reason the City shall determine that there would be no hardship to require immediate or partial payment.
No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of
the assessment by the Council.
The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance
of the annual installment along with all future installments shall become immediately due and payable.
No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $22,800.
No deferral may be continued from year to year unless the owner shall file a renewal application before September 15a~ of each
year.
No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is
to be assessed.
Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such
interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this
Resolution.
5)
Adopt Resolution No. 2003-54, being a resolution establishing Senior Citizen Eligibility Standards
for Refuse, Sewage Disposal and Water Supply Utility Rates.
Motion to waive the reading of Resolution No.2003-54, there being ample copies available to the
public.
City Council Minutes
December 15, 2003
Page 3 of 20
Motion to adopt Resolution No. 2003-54, being a resolution establishing Senior Citizen Eligibility
Standards for Refuse, Sewage Disposal and Water Supply Utility Rates.
Fehst stated that if the standards' were met, resident's rates would be reduced. Williams asked that
these items be explained following the Consent Agenda.
RESOLUTION NO. 2003 - 54
RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR
REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES
WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse Service,
Disposal, and Water Supply; and
WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows:
1. That anyone over 62 years of age with a maximum household income of $22,800 will be eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 2004.
6)
Adopt Resolution 2003-56 being a resolution designating official depositories and safe deposit
access for the City of Columbia Heights.
Motion to waive the reading of Resolution No. 2003-56, there being ample copies available to the
public.
Motion to adopt Resolution 2003-56 being a resolution designating official depositories and safe
deposit access for the City of Columbia Heights.
RESOLUTION NO. 2003- 56
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND
SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS
IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby
designated as depositories of the funds of this corporation.
IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on
deposit with said banks shall be signed by the following: Mayor
City Manager
Clerk-Treasurer
and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other
withdrawal orders.
BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated
depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for
the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons
whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of
the following:
Mayor
City Manager
Clerk-Treasurer
and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this
corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or
signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens
duly certified to or filed with the Banks by the City Clerk or other officer of his corporation.
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and
certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and
effect, except as the same may be supplemented or modified by the foregoing part of this resolution.
City Council Minutes
December 15, 2003
Page 4 of 20
BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or
on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things
ratified, approved and confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as
depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota
Statutes.
BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for
investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that the signatures of any one of the following named City employees are required for access
to safe deposit boxes:
Finance Director
City Manager
Assistant Finance Director
Accountant
Information Systems Director
Information Systems Technician
7)
Approve designation of the Sun Focus News as the official City newspaper for 2004 and to authorize
the Mayor and City Manager to enter into an agreement with Sun Focus News for required
publications. - Removed
8)
Authorize staff to obtain price quotes for printing and mailing the 2004 "Heights Happenings" City
newsletter.
Motion to authorize staffto obtain price quotes for printing and mailing the 2004 "Heights
Happenings" City newsletter.
Fehst stated that specifications were handed out at this meeting, which include the option of an
additional eight pages in case there is an agreement with the School District to do a joint newsletter.
9)
Approve the Joint Powers Agreement between the cities of Andover, Blaine, Brooklyn Center,
Columbia Heights, Coon Rapids, Fridley, and Spring Lake Park for the joint public bidding of
certain street maintenance activities and authorize the Mayor and City Manager to enter into an
agreement for the same.
Motion to approve the Joint Powers Agreement between the cities of Andover, Blaine, Brooklyn
Center, Columbia Heights, Coon Rapids, Fridley, and Spring Lake Park for the joint public bidding
of certain street maintenance activities and authorize the Mayor and City Manager to enter into an
agreement for the same.
Fehst this is an attempt to save money by cities joining together for purchases.
10) Establish a Hearing Date of January 12, 2004 for revocation or suspension of rental property license
at 4622 Tyler Street
Motion to Establish a Hearing Date of January 12, 2004 for Revocation or Suspension of a License
to Operate a Rental Property within the City of Columbia Heights against Peter Hwang at 4622 Tyler
Street NE.
11) Approve Class B premise permit for the Columbia Heights Athletic Boosters Club in conjunction
with activities at The Star Bar and Grill, 4005 Central Avenue NE and waive the sixty-day notice to
the governing body.
Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control
Board stating that the City of Columbia Heights has no objection to the issuance of a Class B
premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at
City Council Minutes
December 15, 2003
Page 5 of 20
The Star Bar and Grill, 4005 Central Avenue NE, Columbia Heights, Minnesota; and furthermore,
that the City Council hereby waives the remainder of the sixty-day notice to the local governing
body.
Nclwrocki stated that the new owners of the Star Bar can do as they see fit, but questioned
immediately removing Immaculate Conception Church (ICC), which has been therefor some time,
as this helps fund their school. He suggested allowing both organizations to sell pull-tabs at this
establishment. Nawrocki has spoken to the new owners, who wouM agree to allow both
organizations if lCC wouM take out their wheel game. He asked that something be worked out so
/CC couM remain until at least the end of the school year. Williams stated there is a Boosters
meeting on Wednesday night where this couM be suggested. Wyckoff indicated that/CC still has
sales at Mady's and the Boosters have no where to sell pull-tabs at this time. Williams stated he
wouM encourage the joint sale. Wyckoff stated she wouM not back the joint sale at this time.
12) Approve the items listed for rental housing license applications for December 15, 2003
Motion to approve the items listed for rental housing license applications for December 15, 2003.
13) Approve Business License Applications - Removed
14)
Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 106055 through 106371 in the amount of $4,048,331.84.
Nawrocki commented that end of the year spending is considered "honey dipping time" and as the
bills are more than double the normal amount, gives this credence. He indicated that earlier the
Finance Director stated there could be a $300,000 surplus remaining at the end of the year, but now
there would be no surplus. A classic example of this is the Park and Recreation Commission
spending $3, 700 on carpeting at the end of the year. Nawrocki quoted from the Commission's
minutes. Ericson asked how old the carpet was. Fehst stated that it was 18 years old. Nawrocki
stated the carpet had life left, and it was not a budgeted item. Williams stated Murzyn Hall looks
nice with the new carpet and assured Councilmember Nawrocki that the old carpet was really bad.
We want to keep this a first class facility. Wyckoff asked Elrite to explain the payment to the NE
State Bank. Elrite stated these are fund transfers; as we collect property taxes twice a year, we then
immediately withdraw them for investment purposes.
#15 Executive Session held Monday, December 8, 2003.
Wyckoff stated that an Executive Session was hem on Monday, December 8, 2003 in Conference
Room 1 at City Hall. This meeting was set by majority vote. Present were all Councilmembers, City
Manager Fehst and Assistant to the City Manager Magee. The purpose of the executive session was
to discuss labor negotiations. Nawrocki stated the executive session was not set at the last Council
meeting, as the Council only authorized a work session, dim Hoeft, City Attorney, stated the
executive session only needs to be announced at aprior Council meeting, and this obligation was
met.
Motion by Williams, second by Ericson, to approve the Consent Agenda items, except for items 3,
7, and 13. Upon vote: All ayes. Motion carried.
7)
Approve designation of the Sun Focus News as the official City newspaper for 2004 and to authorize
the Mayor and City Manager to enter into an agreement with Sun Focus News for required
publications.
Wyckoff indicated that she receives complaints of residents not regularly receiving this newspaper,
City Council Minutes
December 15, 2003
Page 6 of 20
and did not receive it herself last week. Wyckoff questioned designating the Northeaster as the
official newspaper. Fehst stated that the Northeaster is not a weekly paper, which it must be, and the
only other option would be the Minneapolis Star Tribune, which would be very costly. Nawrocki
suggested calling them regarding better community distribution.
Motion by Nawrocki, second by Williams, to designate the Sun Focus News as the official City
newspaper for 2004 and to authorize the Mayor and City Manager to enter into an agreement with
Sun Focus News for required publications. Upon vote, All ayes. Motion carried.
13) Approve Business License Applications
Nawrocki indicated that he would abstain from the vote as the FFW Post ~ 230 is on the list and he is
the signatory for this organization.
Motion by Kelzenberg, second by Williams, to approve the items as listed on the business license
agenda for December 15, 2003 as presented, regarding new licenses for 2004. Upon vote:
Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, abstain; Wyckoff, aye. 4 ayes-1
abstention. Motion carried.
#4 Establishing a new maximum income of $22,800 for Senior or Retired and Disabled Persons to be
#5
eligible for special assessment deferral.
Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply
Utility Rates
Bill Elrite, Finance Director, stated item/~5 sets the utility income level for seniors. If under the
approved income level, seniors get a reduced rate on their city water, sewer and refuse utilities. The
level this year is $22,800. Item/~4 is for seniors and disabled individuals to receive deferral on
special assessments. This deferral only sets aside the payments and interest does accrue, so the
amount will grow. 14Zilliams noted the discrepancy of ages 65 and 62 in the resolution. Elrite
indicated the amount or income is based on a 65 year old but eligibility is at age 62. 14Zilliams asked
how much the discount is. Nawrocki stated that the minimum charge for residents is $31.76for
water, and $16.22for seniors.
PUBLIC HEARINGS
Public Hearing called for Revocation/Suspension of Rental Housing License at 4927 & 4935 University
Avenue N.E.
Wyckoff closed the public hearing for Revocation or Suspension of the Rental License at 4927 & 4935
University Avenue N.E. in that the property now complies with the Residential Maintenance Code.
Second Reading of Ordinance No. 1464, pertaining to City Charter Chapter 5, Section 36, Expenditures by
Petitioner.
Mike Hartel, Acting President of the Charter Commission, reviewed each recommended change to the
City Charter. The first was a removal of specific dollar amount associated with referendum spending.
Ericson clarified the language change was suggested by the Attorney. She read the change and stated
that it would not restrict spending.
Motion by Williams, second by Kelzenberg to waive the reading of Ordinance No. 1464, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1464, being and Ordinance
amending Chapter 5, Section 36, Expenditures by Petitioner, of the City Charter.
Nawrocki indicated his assumption that there would be clarifying language following the last meeting.
City Council Minutes
December 15, 2003
Page 7 of 20
Ericson stated that the wording, as presented by the Charter Commission, couM not be changed without
going back before them.
Upon vote: All ayes. Motion carried.
ORDINANCE NO. 1464
BEING AN ORDINANCE AMENDING CHAPTER 5, SECTION 36,
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO EXPENDITURES BY PETITIONER
The City of Columbia Heights does ordain:
Chapter 5, Section 36, of the Charter of the City of Columbia Heights IS HEREWITH AMENDED TO READ AS
FOLLOWS:
CHAPTER 5
EXPENDITURES BY PETITIONER
SECTION 36. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no
signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services
rendered in connection with the circulation thereof. Any committee member, at their sole discretion and at no charge to
said committee member, may utilize the services of the city attorney so as to assure that the proposed ordinance is
consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the
provisions of this section shall constitute a misdemeanor.
Second Reading of Ordinance No. 1465, pertaining to City Charter Chapter 12, Section 108, Official
Publications
Hartel indicated that the current Charter requires ten posting sites, including streetcar stops. The
Charter Commission recommends bringing the wording up to date, and adding that notice be posted on
the City web site.
Motion by Ericson, second by Williams to waive the reading of Ordinance No. 1465, there being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Ericson, second by Williams to adopt Ordinance No. 1465, being and Ordinance amending
Chapter 12, Section 108, Official Publications, of the City Charter.
Nawrocki stated that the new language allows the City to get into the newspaper business. Hartel stated
that reference is current languageand is not recommended for change.
Upon vote: All ayes. Motion carried.
ORDINANCE NO. 1465
BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 108,
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO OFFICIAL PUBLICATIONS
The City of Columbia Heights does ordain:
Chapter 12, Section 108, of the Charter of the City of Columbia Heights IS HEREWITH AMENDED TO READ AS
FOLLOWS:
CHAPTER 12
OFFICIAL PUBLICATIONS
SECTION 108. The council shall regulate by ordinance the manner in which official publicity shall be given to the holding
of elections, to ordinances, resolutions, initiative, referendum, and recall petitions, to requests for bids upon contemplated
purchases and contracts, and to all other matters whatsoever which require publication either by the terms of this charter or by
the constitution and laws of Minnesota. It shall annually designate a newspaper of general circulation in the city as the
official paper in which shall be published such measures and matters as are by the constitution and laws of this state required
to be so published, and such other matters as the council may deem it wise to have published in this matter, or in lieu thereof
it may establish a mumcipal publication, which shall then be the official newspaper. The council may in its discretion
provide for the publication of the annual budget, ordinances, resolutions, initiative, referendum, and recall petitions, election
notices, and such other measures and matters as it may deem wise by the posting of typed copies at city hall and
City Council Minutes
December 15, 2003
Page 8 of 20
electronically displayed via the city's website and for such period of time as the council may direct in each case. If the latter
method of publication is adopted, the council may provide that it shall be in lieu of other methods of publication or in
addition thereto at its option. Wherever in this charter there is a requirement of the publication of any measure or matter, it
shall be understood that the city council may designate the manner of such publication, subject to the options permitted by
this section; but nothing herein contained shall be construed as authorizing or as attempting to authorize any violation of the
constitution or the statutes of the state in any matter which is of state concern or which is exclusively under state control.
Second Reading of Ordinance No. 1466, pertaining to City Charter Chapter 2, Section 7. Elective Offices
Hartel stated that in 1995 the Charter was updated to allow for Councilmember's terms to end on even
years, and is no longer applicable or necessary in the Charter.
Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1466, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, Move to adopt Ordinance No. 1466, being an Ordinance
amending Chapter 2, Section 7, Elective Offices, of the City Charter. Upon vote: All ayes. Motion
carried.
ORDINANCE NO. 1466
BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 7,
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO ELECTIVE OFFICES
The City of Columbia Heights does ordain:
Chapter 2, Section 7, of the Charter of the City of Columbia Heights IS HEREWITH AMENDED TO READ AS FOLLOWS:
CHAPTER 2
ELECTIVE OFFICES
SECTION 7. The council shall be composed of a mayor and four council members who shall be qualified electors, and who
shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years
and until their successors are elected and qualified. The Mayor shall serve for a term of two years and until a successor is
elected and qualified. The council shall be judge of the election of the mayor and council members.
Second Reading of Ordinance No. 1467, pertaining to City Charter Chapter 3, Section 16, Council Meetings
Hartel stated this change allows newly elected Councilmember's duties to begin on the first Monday of
January, per State Statutes.
Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1467, there being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Ericson, second by Williams, to adopt Ordinance No. 1467, being and Ordinance amending
Chapter 3, Section 16, Council Meetings, of the City Charter. Upon vote: All ayes. Motion carried.
ORDINANCE NO. 1467
BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16,
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO COUNCIL MEETINGS
The City of Columbia Heights does ordain:
Chapter 3, Section 16, of the Charter of the City of Columbia Heights IS HEREWITH AMENDED TO READ AS
FOLLOWS:
CHAPTER 3
COUNCIL MEETINGS
SECTION 16. At the time of the first regularly scheduled council meeting in January following a regular mumcipal election, the
council shall meet at the usual place and time for the holding of council meetings. The newly elected members shall assume the
duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall
meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month.
The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least three
City Council Minutes
December 15, 2003
Page 9 of 20
(3) days notice to each member of the council. Such notice shall be posted and shall be delivered personally to each member or
shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council,
or the city manager, may call special emergency meetings of the council. The Council shall make good faith efforts to provide
notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting
shall be defined as a special meeting called because of circumstances that, in the judgment of the mayor, any two council
members, or the city manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall
have access to the minutes and records thereof at all reasonable times.
Second Reading of Ordinance No. 1468, pertaining to City Charter Chapter 9, Section 89, Payment of
Award
Hartel stated that current wording is six percent per annum, but State Statute sets' this amount so it must
be removed and referenced to State Statute.
Motion by Williams, second by Ericson, to waive the reading of Ordinance No. 1468 there being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Ericson, to adopt Ordinance No. 1468, being an Ordinance amending
Chapter 9, Section 89, Payment of Award, of the City Charter. Upon vote: All ayes. Motion carried.
Hartel mentioned there are currently openings on the Charter Commission, and encouraged anyone
interested to contact City Hall. Hartel thanked Councilmembers for the Commission Hofiday Party.
ORDINANCE NO. 1468
BEING AN ORDINANCE AMENDING CHAPTER 9, SECTION 89,
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO PAYMENT OF AWARD
The City of Columbia Heights does ordain:
Chapter 9, Section 89, of the Charter of the City of Columbia Heights IS HEREWITH AMENDED TO READ AS
FOLLOWS:
CHAPTER 9
PAYMENT OF AWARD
SECTION 89. Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this
chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning
such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final
determination, pay the amount of the award with interest thereon at the current judgment rate set by State Statute from the
date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may
be had against the city.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions - none
Other Business
Adopt Resolution No. 2003-50, being a resolution establishing the rates for Water Service, Sanitary
Sewer Service and Storm Sewer for the years 2004 through 2008
Kevin Hansen, Public Works Director, referred to the Utility Rate Study completed by Short Elliott
Hendrickson (SEH) and distributed to the City Council on November 3, 2003. Hansen introduced
Dave Simons and Doug Klamerus of SEH who were present to give a power point presentation of
the Utifity Rate Study, which was a nine month process.
Dave Simons described the following items from the Utifity Rate Study: · Important goals of the study.
· Key factors affecting utility rates
o Bonding for CIP
o Governmental mandates
City Council Minutes
December 15, 2003
Page 10 of 20
·
·
·
Simons stated
years.
o
o
o Cost to purchase water will increase, as a new treatment plant is being built. If rates
were to remain the same, expenses would exceed revenue.
o Cost to treat sewage
Simons stated the guide was to keep annual increases to ten percent and comparable to other
communities.
· Recommendations for Rate Changes
o Replace minimum charge with a fixed service fee and begin charging at zero usage.
o Continue senior discount, water meter surcharge, and maximum charge for sewer,
except for commercial (which we already do).
o Increase water and storm water rates, decrease sewer rates initially
o Implement annual increases for water and sewer utilities
o Implement constant rate for storm water utility
Simons indicated that the total utility bill increase would be less than 10 percent. · Total utility bill - comparison of communities
· Proposed Water Rates and community comparison of water rates
· Proposed Sewer Rates and community comparison of sewer rates
Simons stated this would be recommended as a first year decrease. There is a maximum, similar to a
sprinkling credit.
Proposed Storm Water Rates and community comparison of storm water rates
Total utility bill comparisons to other communities
Recommendations
Implement new rates for five years
Monitor expenses and make adjustments if necessary.
that in 2008 the City shouM consider another review to project needs for the next five
Charge associated administrative time to utility funds.
Consider supplement to utility revenues with alternatives sources such as SAC/WAC
fees and special assessments.
Consider doing monthly billing to improve customer convenience.
Hansen reviewed staff's recommendation to increase utifity rates with numbers provided each year
beginning 2004, with the sewer rate remaining constant. Hansen stated that both water and sanitary
sewer rates are per dwelling unit, the same as the minimum rate we had in the past.
Wyckoff asked when the last utifity rate study was done. Hansen indicated he was not aware that
such a study was ever done; however the last rate adjustment was in 1999. Wyckoff indicated this
would mean an average increase of $18. 00. Hansen indicated the need for a water rate increase
because of the charge from Minneapolis and necessary replacements in our infrastructure. The
water fund has operated in a deficit for the last two years. Wyckoff stated she receives more and
more complaints about our water and sewage, which shows we have an aging system.
Nawrocki stated rates shouM be researched further and not acted upon tonight. The new water
contract with Minneapolis will be a cost reduction. Hansen stated that the water contract would be a
30 year contract with percentage increases after 10 years. Those proposed rates were included in
this study. Nawrocki commented that there is still a small water fund surplus and the last increase
was steep. Nawrocki felt the presentation was sugar coated showing a small increase by combining
services. Each service should be looked at separately. He gave personal examples of usage versus
the determined minimum usage, which showed usages for a single person was triple the minimum
usage. The increase to those on minimum water usage would be 54 percent. Nawrocki stated this is a
bargain for commercial customers. There should be no changes to storm sewer charges at this time.
City Council Minutes
December 15, 2003
Page 11 of 20
Simons listed water usage amounts for an average household Fehst asked for an explanation of the
sprinkling credit. Simons explained relative terms for the winter usage versus summer sprinkling
usage and how other communities charge for this.
Simons referred to commercial usage, which does not get a break for maximum amounts, as do
residential customers. Wyckoff asked why commercial is charged differently. Simons stated that we
couM raise commercial fees by a lot and not generate a lot of revenue, but we can raise residential
fees by a little and raise the amount necessary. This structure is similar to other communities.
Hansen indicated the need to increase our rates and the importance to consider implementation of
SAC/WAC fee to efiminate the deficit in our water fund Wyckoff stated that we must plan for the
future.
Ericson stated that we hired SEH to audit our system because they are professionals. They gain
nothing by increasing our rates. They are just trying to help us to plan for the future. Fehst stated
that the initial reduction in the sewer rate is so the water rate increase wouM be tolerable. Fehst
stated that typically rates are not reduced but in this case it wouM get the rates to the proper fund
where we need them. Fehst referred to complaints from 49th Avenue and 7th Street, and 3 7th Avenue
and Polk Street of poor water quality, the need to correct these types of complaints, and to not
operating in the red Fehst complimented SEH, as they were amenable to our concerns and found
ways to get things done.
Fehst referred to the next agenda item regarding the purchase of water from the City of
Minneapolis. The current contract is not favorable to our citizens. He stated that we were cheating
the system by not doing infrastructure repair. Repairs have been done during the last eight years of
street improvements.
Williams indicated that he did not want to defer increases tike in the instance of Parkview Filla
where $2,000,000 increased to $6,000,000 because the debt was deferred
Nawrocki gave the background of our initially water purchase from the City of Minneapofis because
of the degree of water softness and about the building of storm sewers. Over the years, when
building reserves, we did not reduce the rates. Nawrocki did not agree with reducing sewer rates to
make water increases look better, as these are separate funds. Wyckoff stated that the funds were
calculated separately and combined
Wyckoff asked if these rates wouM remain unchanged for five years. Hansen stated that these are the
necessary rates to maintain service and take care of debt services, but we must remember there are
other revenue sources to consider. Fehst stated that we shouM look at SAC/WAC fees prior to any
new construction.
Simons referred to the historic spend down of water utifity fund balances and referred again to what
would happen if the rates remained the same. In general, it is the same for the storm water utifity.
Simons stated there is a sense of urgency to upgrade rates, as more is being spent than is being
brought in.
Wyckoff stated there are copies of the rate study at City Hall, the Library and the Pubfic Works
building.
Motion by Kelzenberg, second by Ericson, to waive the reading of Resolution No. 2003-50, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
City Council Minutes
December 15, 2003
Page 12 of 20
Motion by Kelzenberg, second by Ericson, to approve and adopt Resolution No.2003-50, being a
Resolution establishing the rates for Water Service, Sanitary Sewer Service and Storm Sewer for the
years 2004 through 2008.
Nawrocki reiterated his point that this penafizes residents' and commercial users get a break. We
should look at other revenue and incorporate it into the change.
Motion by Nawrocki to table Resolution No. 2003-50 for further information. Second by Williams.
Upon vote: Kelzenberg, nay; Williams, aye; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 3 nays - 2
ayes. Motion failed.
Upon vote of the original motion: Kelzenberg, aye; Williams, nay; Ericson, aye; Nawrocki, nay;
Wyckoff, aye. 3 ayes - 2 nays. Motion carried.
Resolution 2003-50
BEING A RESOLUTION SETTING RATES ON SEWAGE DISPOSAL
AND WATER SUPPLY IN THE CITY OF COLUMBIA HEIGHTS
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that:
In accordance with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council
Environmental Services and the Minneapolis Water Department, the following rates shall be put into effect as of January 1, 2004 on
all billings rendered thereafter:
Water Supply Rates:
Customer Classification
Year
2004 2005 2006 2007 2008
Residential
Fixed Fee $12.00 $12.90 $13.87 $14.91 $15.66
Rate per 1000 Gallons $ 2.28 $ 2.46 $ 2.63 $ 2.83 $ 2.97
Water MeterSurcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00
Senior
Fixed Fee $ 6.90 $ 7.80 $ 8.77 $ 9.81 $10.56
Rate per 1000 Gallons $ 2.28 $ 2.46 $ 2.63 $ 2.83 $ 2.97
Water MeterSurcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00
Commercial/Industrial
Fixed Fee $12.00 $12.90 $13.87 $14.91 $15.66
Rate per 1000 Gallons $ 2.28 $ 2.46 $ 2.63 $ 2.83 $ 2.97
Water MeterSurcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00
Sewer Disposal Rates:
Residential
Fixed Fee
Rate per 1000 Gallons
Maximum charge for
24,000 gallons
Senior
Fixed Fee
Rate per 1000 Gallons
Maximum charge for
24,000 gallons
Commercial/Industrial Fixed Fee
Rate per 1000 Gallons
$12.00 $13.20 $14.52 $15.97 $16.45
$ 1.30 $ 1.43 $ 1.57 $ 1.73 $ 1.78
$43.20 $47.52 $52.27 $57.49 $59.22
$ 6.90 $ 8.10 $ 9.42 $10.87 $11.35
$ 1.30 $ 1.43 $ 1.57 $ 1.73 $ 1.78
$43.20 $47.52 $52.27 $57.49 $59.22
$12.00 $13.20 $14.52 $15.97 $16.45
$ 1.30 $ 1.43 $ 1.57 $ 1.73 $ 1.78
Storm Sewer Rates:
Land Use
R-1
R-2
Rates (2004-2008)
$ 2.46/umt
$ 2.46/umt
City Council Minutes
December 15, 2003
Page 13 of 20
R-3 $16.23/acre
R-4 $16.23/acre
RB $31.57/acre
LB $31.57/acre
GB $ 35.69/acre
CBD $35.69/acre
I $27.85/acre
I- 1 $31.57/acre
MWW $ 3.90/acre
BE IT FURTHER RESOLVED that all foregoing rates are made effective January 1, 2004 in order to meet the additional cost to the
City of Columbia Heights for these respective services.
Approve the contract for the purchase of water from the City of Minneapolis
Hansen stated that our drinking water is purchased from the City of Minneapolis. Our contract was
for thirty years to the year 1995. Since then we have been operating under the same conditions. As
their contracts for individual cities were coming due, they worked with a joint commission and with
us over the last 12 to 15 months on future rates. Our City Attorney has reviewed the contract and his
changes have been incorporated. This will change how we pay for water. Previously, we used a
declining rate, from which we never left level three. Staff recommends that rates for the next ten
years begin at $2.04 per 1, 000 units and increase 1.5 percent for the next ten years. Wyckoff stated
that water rates paid are going down and any increase in residential rates would be for future
improvements. Hansen stated this is the wholesale rate, but we will include costs to maintain our
distribution system, water tower, etc.
Nawrocki questioned when the contract would begin. Hansen stated danuary 1, 2004. Wyckoff fisted
the average rate in 2003. Hansen stated this is would be a unit decrease orS. 48. Nawrocki
questioned how many cents we would save on 15, 000 gallons. Hansen stated $. 80.
Williams questioned waiting to sign this contract. Kelzenberg stated he was in favor of signing the
contract, as this is a better rate than even Minneapolis residents will pay.
Motion by Ericson, second by Kelzenberg, to approve the contract for the purchase of water from
the City of Minneapolis and authorize the Mayor and City Manager to enter into an agreement for
the same. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 5
ayes - 0 nays. Motion carried.
Adopt Resolution No. 2003-55, being a resolution adopting a budget for 2004, setting the City, Library
and EDA levy at $5,447.260 and approving the HRA levy of $137,683
Elrite stated the budget process begins in March to prepare the draft budget; meetings with
Councilmembers begin in August and continue to the Truth and Taxation Hearing in December,
when the budget is presented to citizens in a summary format. This year we are in a "hold the line"
mode due to the reduction of State aid. The Governor and State are allowing us to make up sixty
percent of lost aid through property taxes. The remaining $419,000 had to be absorbed through
reductions, which staff has accomplished. Elrite stated that four out of five homes are currently
paying less property tax than they were in 1997. The average home in Columbia Heights has a
property tax value of $120, 000 and would have an average tax increase of $7 to $9 per month.
Wyckoff asked for an explanation of the statement in the Council letter indicating there would no
longer be reserves at the end of this year for a fund balance. Elrite stated that when meeting with
Councilmembers in November a surplus was anticipated but now appears that we will only make
the required reduction. Wyckoff dispelled the myth that staff spends extra funds at end of the year.
Elrite stated it is a blending, as staff sometimes waits until near the end of the year to use budgeted
City Council Minutes
December 15, 2003
Page 14 of 20
funds, holding back in case there are any emergencies and subsequent expenses incurred. There
were funds left under Murzyn Hall, as some expenses were not incurred so the Park and Recreation
Commission replaced some carpeting at Murzyn Hall.
Nawrocki felt that the Pubfic Work; budget was not properly reviewed and referred to last minute
funds spent by the Fire and Police Department,'. He stated that we have not done our jobs by not
making total budget reductions and by blaming the State, instead of downsizing our operations.
Comparing current taxes to 1997 is not a correct comparison, as that included county and school
district taxes. Nawrocki stated that in the property tax levy survey of 138 communities we are in the
upper 25 percent. He listed reductions he proposed earlier, such as using the anticipated $300,000
surplus to reduce proposed taxes, eliminate the Values First program participation, drop
membership in the North Metro Chamber and aH national organizations, eliminate all travel and
conferences outside of the metro area, continue reduction of the Fire Department position in the
second half of the year and next year, reduce Special Project Coordinator and City Planner to one-
half time, and eliminate the Public Work; Administrative Assistant and one IS position. The
Building Inspector position should be reinstated. Nawrocki referred to possible elimination of levy
limit,'. He spoke cfa book he read on the Enron scandal and the collapse of the Arthur Anderson
firm, and quoted Teddy Roosevelt saying "Americans only learn from catastrophe and not from
experience ".
Williams asked Bob Streetar, Community Development Director to discuss information he gave to
Council. Streetar gave a summary of the December 7th Star-Tribune article comparing taxing
district; and cities. The median home value in Columbia Height; was second lowest of the 165
listings, and the property tax on this home was the lowest of the listings. Streetar referred to the
City's goal; and the need to continue new construction. Fehst referred to the tax rate formula.
Williams restated that there wouM only be one city where you wouM pay lower taxes, and listed the
similar local taxes for 2001 and 2004. Williams indicated that we have a great tax value for a city of
our size. We couM cut a few more things, but our Police Department is critical and the Values First
program does a lot for us. Williams stated he wouM like to see the SAC/WAC fees initiated as we
have lost about $1,600,000 in State Aid in the last two years.
Wyckoff indicated that this community must fight to stay alive. She does not appreciate staff being
"put down" and referred to problems with rental properties requiring Police Chief Johnson to ask
for replacement officers.
Nawrocki stated that improvement; do continue in the city and that Mr. Streetar's report is not an
apples to apples comparison. Nawrocki asked if the County will issue an HRA levy. Fehst stated this
has been dropped.
Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution No. 2003-55, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Ericson, second by Kelzenberg, to adopt Resolution 2003-55 being a resolution adopting
a budget for 2004, setting the City, Library and EDA levy at $5,447,260 and approving the HRA
levy of $137,683. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay;
Wyckoff, aye. 4 ayes - 1 nay. Motion carried.
RESOLUTION 2003 - 55
RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2004, SETTING THE CITY LEVY,
APPROVING THE HRA LEVY, AND CANCELING THE SCHEDULED BOND LEVY
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA
City Council Minutes
December 15, 2003
Page 15 of 20
HEIGHTS, MINNESOTA:
that the following is hereby adopted by the City of Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2004 is hereby approved and adopted with
appropriations for each of the funds listed below.
General Fund
Community Development Fund
Economic Development Fund
Parkview Villa North
Parkview Villa South
Anoka County CDBG
State Aid
Cable Television
Library
DARE Project
Infrastructure
Capital Improvement
Capital Equipment Replacement Funds
Central Garage Fund
Liquor Operating
Liquor Capital Improvement
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Data Processing
Debt Service Fund
Total Expense Including Interfund Transfers
Expense
8,232,617
472,230
222,648
373,900
197,477
1,016
166,431
233,427
631,271
5,375
159,871
64,000
1,026,692
488,271
6,836,166
6,000,000
1,756,214
1,361,319
1,537,967
307,164
271,745
2,326,713
32,672,514
Section
general
B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including
ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2004:
General Fund
Community Development Fund
Economic Development Fund
Parkview Villa North
Parkview Villa South
Rental Housing
State Aid
Cable Television
Library
DARE Project
Infrastructure
Capital Improvement
Capital Equipment Replacement Funds
Central Garage Fund
Liquor Operating
Liquor Capital Improvement
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Data Processing
Debt Service Fund
Total Revenue Including Interfund Transfers
Revenue
8,232,617
472 230
222 648
373 900
197 477
1 016
166 431
233 427
631 271
5 375
159 871
64 000
1,026,692
488,271
6,836,166
6,000,000
1,756,214
1,361,319
1,537,967
307,164
271,745
2,326,713
32,672,514
City Council Minutes
December 15, 2003
Page 16 of 20
Section C. The following sums of money are levied for the current year, collectable in 2004, upon the taxable
property in said City of Columbia Heights, for the following purposes:
General Levy Estimated Area-Wide
Total Levy
Estimated General Fund Levy
3,891,670 1,037,040 4,928,710
Estimated Library Levy
433,585 433,585
Estimated EDA Fund Levy
84,965 84,965
Total Levy 4,410,220 1,037,040 5,447,260
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment
Authority Tax Levy for the fiscal year 2004 in the amount of $137,683.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF
ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year
2004 that is higher than the tax rate calculated for the city for taxes levied in 2002, collectable in 2003.
BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2004 bond principal and
interest payments and the county auditor is authorized to cancel all bond levies for taxes payable in 2004.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County,
Minnesota.
Adopt Resolution No. 2003-58, being a resolution authorizing application for 2004 Anoka County
Community Development Block Grant (CDBG) Funding, for the purpose of removing slum and blight
in the amount of $300,000 for clearance and demolition of the NEI building at 825 41 st Avenue NE
Streetar stated this application would be for anticipated demolition of the NEI building. The EDA
has a purchase agreement with NEI. If we do not buy the building and we receive this money, there
would be no loss. Estimated demolition is $400,000 and we are applying for $300,000. The rest of
the cost would come from the sale of the property on Tyler Street. Wyckoff questioned when the
building would be removed. Streetar stated possibly in April.
Williams stated that the Community Development Department has brought in about $800,000 in
competitive grant dollar; compared to the $80,000 we have spent. We received $230, O00 for cleanup
in the industrial area.
Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2003-58, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adopt Resolution No. 2003-58, being a resolution of
the City Council of the City of Columbia Heights, Minnesota authorizing application for 2004
Anoka County Community Development Block Grant (CDBG) Funding, for the purpose of
removing slum and blight in the amount of $300,000 for clearance and demolition of the NEI
building at 825 41st Avenue NE; and furthermore, to submit said application to Anoka County.
Upon vote: All ayes. Motion carried.
RESOLUTION 2003 - 58
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA AUTHORIZING APPLICATION FOR 2004 COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING THROUGH ANOKA COUNTY
City Council Minutes
December 15, 2003
Page 17 of 20
WHEREAS, the City has entered into an agreement to purchase the NEI property, with the
redevelopment and enhancing economic development activities; and
end result of achieving
WHEREAS, the City has determined that the NEI building is distressed and meets slum and blight standards; and
WHEREAS, the City of Columbia Height has aggressively solicited redevelopment interests for the NEI property, with no
positive response for reuse of the building and its facilities; and
WHEREAS, the City has found that building systems maintenance of the current NEI building is cost prohibitive; and
NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2004
Commumty Development Block Grant Program to be submitted on January 9, 2004; and
BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and
the institutional, managerial, and financial capability to ensure adequate project administration; and
BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining
to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and
BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to
implement the project(s) on behalf of the applicant; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized
staffto submit an application for clearance/demolition of the NEI building at 825 41s* Avenue NE.
Streetcar stated that bids for demofition and asbestos removal will come before the EDA on January
20, 2004 and authorization of the loan will come before the City Council on danuary 29' 2004. The
closing on the property would be February 6th. Nawrocki stated that this was tabled at a previous
meeting to be discussed tonight. It should have been brought up and tabled again.
Motion by Nawrocki, second by Williams, to table consideration of the loan to the EDA. Upon vote:
All ayes. Motion carried.
Approve police service contract with the City of Hilltop through December 31, 2006 at the following
rates: 2004--$154,960/year, 2005--$161,158/year, and 2006--$168,154/year.
Chief Johnson stated the goal was to provide both medical and fire services. Money was as issue, as
the City of Hilltop also faces budget cuts, so the initial charge was reduced by four percent with a
gradual yearly increase to achieve the amount requested and would include the fire contract. Both
City Attorneys reviewed the contract, with slight wording changes made regarding indemnification.
Jim Hoeft, City Attorney, explained concerns corrected in the contract were Hilltop's
indemnification of the pofice department and indemnification regarding certain acts outside of
pofice department services provided i.e. pofice sexual assault.
Motion by Nawrocki, second by Williams, to approve the police service contract with the City of
Hilltop through December 31, 2006 at the following rates: 2004--$154,960/year, 2005--
$161,158/year, and 2006--$168,154/year. Upon vote: All ayes. Motion carried.
Authorize contract with the City of Hilltop for Fire/Medical and Inspection services from January 1,
2004 through January 1, 2006.
Fire Chief Charlie Thompson indicated this allows fire, medical, and housing inspection services for
the City of Hilltop. Thompson explained the process to determine the contract amount. There may be
additional fees for licensing of rental property. Wyckoff stated that she does not want to remove the
trailer home park, but wants to see that the people living there are safe.
City Council Minutes
December 15, 2003
Page 18 of 20
Fehst compfimented the cooperation of the two department; to achieve this goal. Fehst stated that
we have also offered services for implementing improvements on Central Avenue. Wyckoff stated
that the Star Light Motel is interested in selling their business.
Nawrocki questioned the Fire Department budget and vehicle replacement cost,'. Thompson stated
that the amount indicated did not include capital budget items. Nawrocki stated that the increase
over four years might not be reafistic.
Ericson indicted that we are already taking the Hilltop fire call; without reimbursement. Fehst
stated this falls under mutual aid.
Motion by Ericson, second by Williams, to authorize the Mayor and City Manager to enter into a
contract with the City of Hilltop for Fire/Medical and Inspection services from January 1, 2004
through January 1, 2006. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay;
Wyckoff, aye. 4 ayes - 1 nay. Motion carried
Adopt the 2004-2005 Murzyn Hall rental rates and to make John P. Murzyn Hall a non-smoking facility
effective 2005, as outlined by the Park and Recreation Commission at their meeting of November 25,
2003.
Keith Windschitl, Recreation Director referred to rental rates for 2004 and 2005 recommended by
the Park and Recreation Commission. The only changes wouM be a reduction in cost for Friday
night rental; to increase the number of rentals, and increase the cost of premix in 2005 by $1. The
Commission is also recommending that the Murzyn Hall bar area be designated as non-smoking
beginning danuary 1, 2005. Windschitl indicated that his survey of other cities with community
centers showed that they do not allow smoking inside their facilities.
Wyckoff suggested giving the reserving party the option of non-smoking. Windschitl stated renters
are given that option.
Ericson questioned why the Commission is recommending this. Windschitl referred to the new
carpeting. The request is to begin in 2005, as bookings for 2004 were as a smoking facility. Williams
asked if the Commission passed this unanimously and if we wouM lose business. Windschitl stated it
was a unanimous vote, but couM not predict if there wouM be a loss of rentals.
Nawrocki stated that it wouM not bother him to ban smoking, but it is still a fact of life, so he wouM
be reluctant to do so.
Wyckoff stated that she despises cigarettes, but wouM tike the option of non-smoking made available
to renters. Windschitl stated that with non-smoking inside, drink; would be taken outside and
additional clean up would be necessary.
Ericson stated that people become accustomed to the routine of where smoking is available. She
stated she would support the recommendation, as it is a City owned property.
Williams stated that the poficy couM be reviewed if rentals are affected Windschitl referred to
comments from potential renters of smoke smell in the building.
Williams asked Jerry Foss, Park and Recreation Commissioner, for his opinion. Foss stated there is
always a smell in the building; and since his recent heart attack he would not even attend the
Commission appreciation dinner at Murzyn Hall because of the smell. Foss stated that we try to
City Council Minutes
December 15, 2003
Page 19 of 20
make this facility a nice place for weddings.
Nawrocki questioned rental rates for the LaBelle lounge on this rate structure and stated that
resident; should received the reduced rate and the 25 percent resident discount. Windschitl stated
that would be a 75 percent discount and would not cover staffing the facifity.
Motion by Ericson, second by Kelzenberg, to approve the 2004-2005 Murzyn Hall rental rates and
to make John P. Murzyn Hall a non-smoking facility effective 2005, as outlined by the Park and
Recreation Commission at their meeting of November 25, 2003.
Amendment to the Motion by Nawrocki to call for the residents 25 percent discount on any of
these indicated fees. As no second was received, amendment failed.
Amendment to the Motion by Nawrocki to allow smoking in the LaBelle lounge only. Second by
Kelzenberg, for discussion.
Kelzenberg stated that he was at the Park and Recreation Commission meeting and agreed it is time
we sent a good example and make the facifity non-smoking.
Upon vote of the amendment: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki, aye;
Wyckoff, nay. 1 aye - 4 nays. Amendment failed.
Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay;
Wyckoff, aye. 4 ayes - 1 nay. Motion carried.
Bid Considerations - none
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst wished everyone "Happy Holiday,'" and commended staff that worked on the Employee and
Board and Commission dinners. He thanked Board and Commissioner members for attending the event
and stated that he wouM like to repeat this gathering next year. Nawrocki suggested that we consider
local caterers.
Report of the City Attorney
Hoeft gave information on the State Attorney General's interpretation of Administrative Tag; not being
used for traffic violations. Hoeft has advised the Police Department to suspend the practice of
Administrative Tags for traffic violations. The will be debated by larger communities. Wyckoff referred
to the expense ora speeding ticket. Chief Johnson stated that the Chief'; Association is active in its
belief that administrative tag; shouM be used for traffic violations and will address this through the
Legislature.
CITIZENS FORUM - none
COUNCIL CORNER
Ericson
· The Commission appreciation dinner was wonderful. The time residents put into these boards and
commissions is very appreciated.
· Reminded everyone of the December Values First values. We have a diverse community and
celebrate may types of holidays. Wished everyone Happy Holidays.
City Council Minutes
December 15, 2003
Page 20 of 20
Wyckoff
· "First Wednesdays with the Mayor" will begin January 7th at 6:30 p.m. at the Library with a
presenter to give a civil lesson. Bob Streetar, Community Development Director, will give the first
presentation. Residents may speak to the Mayor before and after the presentation.
· Showed a Christmas card received from and designed by Andy and Jan Soskosky of the deer at the
Minneapolis Water Works facility.
· Wished everyone a Merry Christmas.
Williams · Reminded everyone of the DARE graduations tomorrow and Wednesday at Valley View Elementary
and Immaculate Conception Schools.
· Commented on a letter received regarding the budget that took offense to the comparison of
necessary city services and family spending.
· The reason for the season is Christ.
· Referred to finding Saddam Hussein in a hole.
· Pray for the peace, prosperity, and health of our citizens.
Kelzenberg
· Congratulated his son, Joe for placing second at their basketball tournament. He was approached by
the Fridley Assistant Coach regarding their desire to build a community center because they also
lack gym space.
· Wished everyone a Merry Christmas and a Happy New Year.
Nawrocki
· At 3808 Reservoir there are junk cars by the house.
· House on Tyler and 37th or 39th, junk in backyard. Fehst stated this is in court.
· Have not made a meaningful decision regarding helping residents clean up after sewer backups
· Waiting for written statement that city employees are not prohibited from talking with members of the
Council
· Have we come up with a way to take care of the drainage problem in Cheery Heights? Fehst stated that
we have contacted residents and they have not set up a date to meet.
· Have not heard a response to Mr. Mady alleviating his concerns for rumors of development, which are
restricting bowling league sign ups. Fehst asked for suggestions, as we have no options there.
· Wished everyone Season Greetings, including his colleagues on the Council, Staff and the City
Manager.
ADJOURNMENT
Mayor Wyckoff adjourned the meeting at 11:05 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary