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HomeMy WebLinkAboutDecember 16, 2002OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING DECEMBER 16, 2002 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, December 16, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN Pastor Law, Community Methodist Church gave the invocation. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams, and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations-none B) Presentations Mayor Peterson stated that the holiday fund raising event on November 30, 2002 was very well received and that $3,000 was raised for the Wheel Chairs for Peace Foundation. This amount will be matched by the foundation for the purchase of wheel chairs. C) Introduction of New Employees Kevin Hansen, Public Works' Director, introduced dacqueline Baron, as the new maintenance worker in the Pubfic Works' Department, and indicated that she has served as a seasonal employee for the department, daci Baron thanked the City Council for the opportunity to work for the City of Columbia Heights'. D) Recognition-none CONSENT AGENDA Motion by Nawrocki, second by Wyckoff, to approve, with the exception of items #2, 13 and 23, the Consent Agenda items as follows: 1) Minutes for Approval a) Nov. 25, 2002 regular meeting Motion to approve the minutes of the November 25, 2002, regular City Council meeting as presented. b) Dec. 2. 2002 Truth in Taxation meeting Motion to approve the minutes of the December 2, 2002, Truth in Taxation meeting as presented. 2) Establish Work Session Meeting Dates for the 2003 City Council for Thursday, Dec. 19, 2002 at 8 p.m., Monday, Jan. 6, and Tuesday, Jan. 21, 2003 at 7 p.m. in Conference Room 1 - Removed. 3) Approve transfer of Funds ($2,190) from General Fund to Police Department Budget to Reimburse Overtime Fund. Motion transfer $2,190, the total amount received from Unique Thrift Store, Columbia Heights High School, and Central Middle School PTA for off duty security worked, from the General Fund to the Police Department 2002 budget under line 1020, Police Overtime. City Council Minutes December 16, 2002 Page 2 of 18 Nawrocki questioned if we shouM be charging schools for this service. Fehst indicated the desire to reach an agreement where the schools wouM not charge us for gym usage and we wouM not charge them for police services. 4) Adopt Resolution No. 2002-76, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary_ employees for calendar year 2003. Motion to waive the reading of Resolution No. 2002-76, there being ample copies available to the public. Motion adopt Resolution No. 2002-76, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2003. Nawrocki questioned that some part-time people in the Park Department will not received this increase. RESOLUTION 2002-76 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non- unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and interns, as indicated on Schedule I, II, III, and IV, which are attached and are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 2003. s) Adopt Resolution No. 2002-77, being a resolution establishing various compensation rates for the Columbia Heights Fire Department Volunteer (paid on call) Division regarding fire calls, station duty, and drills for 2003. Motion to waive the reading of Resolution 2002-77, there being ample copies available to the public. Motion to adopt Resolution 2002-77, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Volunteer (paid on call) division regarding fire calls, station duty, and drills for 2003. RESOLUTION NO. 2002-77 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT VOLUNTEER (PAID ON-CALL) D1VISION REGARDING FIRE CALLS, STATION DUTY, AND DRILLS STATION DUTY & DRILLS 2003 FIRE CALLS 2003 Entry (Date of Appt. to Paid on Call Division) Attainment of EMT License Attainment of Firefighter I Certification (Must have EMT License) Lieutenant Captain Fire Motor Operator Differential (FMO) 2003 Adjustments effective January 1, 2003 $ 6.53 $ 7.31 $ 7.18 $ 9.79 $ 9.14 $11.75 $12.66 $12.66 $13.05 $13.05 $ 1.00/hr. 6) Authorize Designation of an Official Newspaper for 2003 Motion to designate Sun Newspapers as the official City newspaper for 2003 and to authorize the Mayor and City Manager to enter into an agreement with Sun Newspapers for required publications. City Council Minutes December 16, 2002 Page 3 of 18 Nawrocki asked that staff emphasize to them that some residents do not get the Sun Newspaper and to ask if they can redouble efforts to make sure delivery is uniform. Fehst asked that if any residents are not regularly receiving this paper, to call him. 7) Adopt Resolution No. 2002-71, being a Resolution designating official depositories and safe deposit access for the City of Columbia Heights Motion to waive the reading of Resolution No.2002-71, there being ample copies available to the public. Motion to adopt Resolution 2002-71, being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. Nawrocki questioned if Community Credit Union couM handle the electronic payroll transfers. He gave their history in the City and that they should be given consideration as a businesses in the community. Bill Elrite, Finance Director, stated we have contacted the other two banks in town and have not received quotes. Wyckoff indicated she spoke to Community Credit twice and felt if they were interested they would have come forward. Elrite stated the current cost is less than $50 per pay period and that we received very refiable service. Williams pointed out that Northeast Bank transfers also goes through Wells Fargo. Elrite stated that all accounts, other than payroll, go through Northeast Bank. Szurek referred to the Council packet, which indicated there has never been a problem with Wells Fargo as we have had with other banks, and that we cannot risk problems with our payroll. RESOLUTION NO. 2002- 71 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. 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. City Council Minutes December 16, 2002 Page 4 of 18 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 8) Adopt Resolution No. 2002-81, 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.2002-81, there being ample copies available to the public. Motion to adopt Resolution 2002-81, being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. RESOLUTION NO. 2002 - 81 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 $21,700 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 2003. 9) Adopt Resolution No. 2002-69, being a Resolution establishing a new maximum income of $21,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. Motion to waive the reading of Resolution No. 2002-69, there being ample copies available to the public. Motion to adopt Resolution 2002-69, being a resolution establishing a new maximum income of $21,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. Fehst explained the process and stated that no one has taken advantage of it, but required by law. RESOLUTION NO. 2002 - 69 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 rule 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 COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. 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. City Council Minutes December 16, 2002 Page 5 of 18 4. 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. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City of Columbia Heights Assessment Clerk. 6. 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. 7. 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; if 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. 8. No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the assessment by the Council. 9. 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. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $21,700. 00. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. 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. 13. 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. 10) Authorize agreement with the League of Minnesota Cities Insurance trust for Workers' Compensation Insurance Motion to authorize the Mayor and City Manager to enter into an ongoing agreement with the League of Minnesota Cities Insurance Trust for workers' compensation coverage. 11) Authorize purchase of five CityView user licenses and one year maintenance ($17,475) from Municipal Software Corporation Motion to authorize the purchase of five CityView user licenses and one year maintenance at a cost of $17,475 from Municipal Software Corporation. Fehst stated this wouM allow ten users to view CityView at one time. 12) Adopt Resolution No. 2002-72, being a Resolution Appropriating and Designating Fund Balances Motion to waive the reading of Resolution No. 2002-72, there being ample copies available to the public. Motion to adopt Resolution No. 2002-72 being a resolution appropriating and designating fund balances. RESOLUTION NO. 2002-72 BEING A RESOLUTION APPROPRIATING AND DESIGNATING FUND BALANCES WHEREAS, the City of Columbia Heights has accumulated fund balances in the General Fund, Economic Development Authority Fund, Special Project Revenue Fund, and the Housing & Redevelopment Authority Fund for the purpose of funding future redevelopment projects within the City and, City Council Minutes December 16, 2002 Page 6 of 18 WHEREAS, these funds would be more appropriately accounted for in a separate fund designated for the purpose in which these funds were accumulated, and, WHEREAS, the City has established a high priority of redevelopment projects in Columbia Heights, and the Section 8 Housing program has been closed out and transferred to Metro Housing & Redevelopment Authority, and, WHEREAS, this transfer resulted in a non-funded deficit in the Section 8 program NOW, THEREFORE, BE IT RESOLVED that the following transfers be made and appropriated for future development costs and to cover the Section 8 fund deficits. Transfers from the following funds: 204 Economic Development Authority 226 Special Project Revenue 299 Housing & Redevelopment Authority Total Commumty Development Funds 100,000 280,000 130,877 510,877 101 2002 General Fund Tax Levy for Development Total transfers out: Transfers to the following funds: 205 Section 8 420 Capital Improvement Development 300,000 810,877 85,877 725,000 Total transfers in: 810,877 13) Establish John P. Murzyn Hall rental rates for 2004 - Removed Fehst stated this would result in a five percent increase in rental rates. 14) Authorization to obtain price quotes for printing and mailing of the 2003 City Newsletter Motion to authorize staff to obtain price quotes for printing and mailing the 2003 "Heights Happenings" City Newsletters. 15) Amendment to Central Avenue Design Guidelines contract Motion to approve the scope and fee amendment to the current contract for Design Guidelines for an additional $4,600.00 in fees, with funds to be appropriated from Parkview Villa South (PVVS) Capital Improvement Fund #414, and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated that this wouM extend the guidelines from 43ra to 53ra Streets on Central Avenue. 16) Authorize preparation of the 2003 CDBG program application to Anoka County Motion to authorize staff to prepare the 2003 CDBG program Application to remove slum and blight in the amount of $186,500 for the acquisition of the property at 322 40th Avenue NE; and furthermore, to submit said application to Anoka County. 17) Renewal of Professional Services for Continuation of Safety Management Program Support for Public Works Motion to accept the proposal dated December 9, 2002 from Integrated Loss Control, Inc. for Safety Management Program Support services for the Public Works Department in an amount not-to-exceed $3,672.00; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. City Council Minutes December 16, 2002 Page 7 of 18 18) Extension of GIS Range Rider Contract Motion to approve a one-year extension to the GIS Joint Powers Agreement in the amount of $17,897; and, authorize the Mayor and City Manager to enter into an agreement for the same. Fehst explained the advantages of this shared program. Kevin Hansen stated this project is in its fourth year of compiling a database for the City with a variety of mapping projects. Nawrocki asked when this would end Hansen stated it needs to be maintained like other electronic systems, but was originally to be a six to seven year project. Fehst referred to a presentation and demographics on 35W with GIS data, which was a world-class presentation. Nawrocki requested a report on what has been done, and when the project will be completed. 19) Change Order No. 1 and Final Payment for Miscellaneous Concrete Project #0200 Motion to authorize Contract Change Order No. 1 for additional work added to the contract by the City to O'Malley Construction, Inc. in the amount of $20,818.72 with funding out of the appropriate funds. Motion to accept the work for 2002 Miscellaneous Concrete Repairs and Installations, City Project #0200; and authorize final payment of $1,617.95 to O'Malley Construction, Inc. of Le Center, Minnesota. Nawrocki questioned the cost. Hansen stated that this includes items as they occur on sidewalks or curb and gutters. Some work is also done at the request of citizens. Szurek questioned the low level of the manholes on Central Avenue. Hansen stated they are punch fist items and will be lifted by the contractor next spring. 20) Adopt Resolution No. 2002-75, being a Resolution adopting the 2002-2003 Snow and Ice Control Policy Motion to waive the reading of Resolution No. 2002-75, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2002-75, adopting the 2002-2003 Snow and Ice Control Policy for the City of Columbia Heights. Szurek questioned if cul-de-sacs will continue to be plowed using a one-ton truck with a plow. Hansen stated that a grader would only be used in situations where the truck cannot do a sufficient job. RESOLUTION NO. 2002-75 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. 21) Adopt Resolution No. 2002-74, being a Resolution ordering preparation of feasibility reports for Zone 6B street rehabilitation program. Motion to waive the reading of Resolution 2002-74, there being ample copies available for the public. Motion to adopt Resolution No. 2002-74, being a Resolution ordering the preparation of a report for proposed Zone 6B Street Rehabilitation Program. City Council Minutes December 16, 2002 Page 8 of 18 RESOLUTION NO. 2002-74 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ON THE 2003 STREET REHABILITATION PROGRAM: ZONE 6B WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in the southeast quadrant of Zone 6. Rehabilitation strategies include complete reconstruction, partial reconstruction or mill and overlay. WHEREAS, the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2003-02 ZONE 6B STREET REHABILITATION NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 22) Authorize an RFP for a SCADA system for the water and sewer system Motion to authorize Staff to prepare an RFP for a Project Development Report for a SCADA system for the City utility system. Fehst indicated that this system is necessary to alert us of malfunctions at the pumpingfacifities. 23) Award of Bid for Huset Park Master Plan - Removed 24) Establish a Hearing Date of January 13. 2003 for revocation or suspension of rental property license at 1429 42nd Avenue NE Motion to Establish a Hearing Date of January 13, 2003 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Nancy Abbott at 1429 42nd Avenue NE. 25) Approve Business License Applications Motion to approve the items as listed on the business license agenda for December 16, 2002 as presented regarding new licenses for 2003. 26) 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 101169 through 101337 in the amount of $363,751.28. Upon vote: All ayes. Motion carried. Item #2 Establish Work Session Meeting Dates for the 2003 City Council for Thursday, Dec. 19, 2002 at 8 p.m., Monday, Jan. 6, and Tuesday, Jan. 21, 2003 at 7 p.m. in Conference Room 1 Nclwrocki stated that the open meeting/aw requires an agenda be supplied. Wyckoff stated the December 19, 2002 meeting wouM be organizational. Fehst indicated the January 6, 2003 meeting wouM be discussing organization and the bids for the city newsletter, and the agenda for the meeting of January 21, 2003 wouM be announced at the January 13 City Council meeting. Williams stated this wouM only setting a date so Councilmembers couM set their calendars. Wyckoff stated that the regular Economic Development Authority meeting for January wouM be changed to January 28, 2003. City Council Minutes December 16, 2002 Page 9 of 18 Motion by Nawrocki to establish work session meetings for the purposes indicated for Thursday, December 19, 2002 at 8 p.m. and Monday, January 6, 2003 at 7 p.m. in Conference Room 1. Second by Wyckoff. Wyckoff indicated that the January 21, 2003 work session couM be estabfished at the January 13, 2003 City Council meeting. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, abstain. 4 ayes - one abstention. Motion carried. Motion by Williams to set Tuesday, January 21, 2003 for a work session date. Second by Wyckoff. Nawrocki stated that without a specific agenda, we shouM not be setting a special meeting, and consideration should be given to the new Councilmembers. Jim Hoefi, City Attorney indicated the City Manager was correct in stating the agenda for this meeting could be announced at the Council meeting prior to this date. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, abstain. 3 ayes - 1 nay - 1 abstention. Motion carried. #13 Establish John P. Murzyn Hall rental rates for 2004 Nawrocki stated he checked the rates in other cities and we are not the lowest. Residents shouM be charged less than the recommended rate because we used resident's taxes to buiM the hall. Szurek stated that damage and maintenance costs of the hall have risen and unless Council is willing to give more money for running it, rates must increase. There is not enough money in the budget for this, so those who use the facility should pay for it. Fehst stated that $58,000 a year is generated in revenue and it costs $21 O, 000 a year to run the facifity. We are not close to covering our costs. Nawrocki felt that we do not take into account the tax dollars used to buiM the facifity. Last year the additional revenue rate increases did not generate more dollars because the number of rentals went down. Fehst stated there is elasticity in what can be charged but we are looking at extreme cutbacks from the State, and we still are not generating a third of the amount needed to run the facility. Peterson stated that the Park and Recreation Commission had all the statistics and they recommended these fees. They do not want to raise the fees, but are trying to recap some of our losses. The seven member Commission recommended we approve this and we should consider their recommendation. Motion by Szurek, second by Williams, to adopt the 2004 Murzyn Hall rental rates outlined by the Park and Recreation Commission at their meeting of December 10, 2002. Upon vote; Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #23 Award of Bid for Huset Park Master Plan Wyckoff indicated she couM not justify spending $19,467 on a park study at this time of budget concerns. This could be included in the industrial area study to be completed by Hoisington Koegler Group Inc. Nawrocki felt it is premature to spend money to find ways to make changes in the park, and not the best use of money. City Council Minutes December 16, 2002 Page 10 of 18 Williams indicated this is injunction with the industrial park redevelopment. Fehst asked if the original bids included Hoisington Koegler. Hansen stated they did not. Fehst stated that these bids have been hem open for 90 days and the need for ayes or no answer. Motion by Nawrocki to reject the bids. A second was not received. Szurek though the study was a good idea. United Properties is doing a study of the industrial area and plans there wouM result in park dedication funds to be used toward the park plan. This is the most highly visible park in the community and is starting to look shabby, and improvements wouM attract developers. Wyckoff felt this money couM do a lot of improvements in the park, and the park boundaries may have to change for the industrial development. Szurek indicated we need to move forward in the city. Peterson indicated the park and industrial area need to be considered at the same time. There have been no improvements for children in this community. We can cut other items, maybe our salaries, or travel around the county, but not at the expense of our kids. We must keep moving forward. Motion by Williams, second by Szurek, to accept the proposal from BRA for the Huset Park Master Plan based upon their proposal dated June 28th, 2002, in an amount not to exceed $19,467; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, nay; Peterson, aye. 3 ayes - 2 nays. Motion carried. PUBLIC HEARINGS Rental Housing Revocation for 4637-4639 Pierce Street NE. Motion by Wyckoff, second by Szurek, to waive the reading of Resolution No.2002-80, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Wyckoff, second by Szurek, to adopt Resolution No. 2002-80, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Russell Waletski regarding rental property at 4637-4639 Pierce Street NE. Deb Johnson, 4638 Pierce Street, indicated that this has been a long time problem and is glad to see this license revoked. Upon Vote: All ayes. Motion carried. RESOLUTION 2002-80 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A. 408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY RUSSELL WALETSKI (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4637-4639 PIERCE STREET NE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 30, 2002 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 16, 2002. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on July 23, 2002, Gary German and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted six violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. That on October 3, 2002, Gary German and John Larkin, inspectors for the City of Columbia Heights, reinspected the property City Council Minutes December 16, 2002 Page 11 of 18 and noted that four violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on October 30, 2002, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that four violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application and copies were mailed to the tenants. 4. That on November 20, 2002, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that four violations remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. 5. That on December 5, 2002, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that four violations remained uncorrected. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE i. Shall replace the missing outlet cover in the dining room. ii. Shall replace the upstairs smoke detector. No test button not an acceptable device ..... as of 10/3/2002 - new smoke detector up, is ok, please take down the old one or have it repaired. iii. Shall replace the front storm door that is missing....as of 10/3/2002....remove the old storm door frame. You do not need a storm door with a metal door. iv. Shall repair the rear storm door...as of 10/3/2002....remove the old storm door frame. You do not need a storm door with a metal door. B. FAILURE TO SUBMIT REINSPECTION FEES OF $800.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL That the building located at 4637-4639 Pierce Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F5221 is hereby revoked/suspended (cross out one); The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Public Hearing - Cable Rate Linda Magee, Assistant to the City Manager, introduced Steve Guzzetta, the City Telecommunications Attorney. She stated that City policy and procedures and State and Federal laws require this hearing. A T&TBroadband implemented these rates on July 1, 2002. A T&TBroadband is now known as Comcast. Nawrocki stated that he received notification from A TT& T ora rate increase in January. Guzzetta indicated those fees are the non-basic rates. Nawrocki indicated his discomfort in their ability to continually increase rates. Williams stated that competition from companies such as Direct Tg gives residents other options and may qf. fect cable rates. Nawrocki referred to the initial set up of the franchise. Peterson indicated the option to not subscribe and asked if there was a charge for universal access. Magee stated it is free with no installation fee. City Council Minutes December 16, 2002 Page 12 of 18 Fehst stated his disappointed in the 1996 dispersal of control. He referred to Direct TF and gave a comparison between the alternatives and cable. Guzzetta indicated that local access could not be received on Direct 7JA. Deb Johnson, 4638 Pierce Street, informed Council ora misleading phone call from A T&T, insinuating that in order to continue cable service they would need an additional box and wiring. She was not told that it was an option, at an additional $25-35 per month. She called them again after the installation and was told it was not required and had it removed. Guzzetta stated they are trying to convince subscribers to move to the digital service. He will talk to the AT&Trepresentative. Fehst stated that he was also contacted and also lead to misunderstand the option. Nawrocki asked that Guzzetta also pass along a resident complaint he received regarding a sales representative coming to their door at 9:30p. m. Fehst referred to the initial promise that cable would not have advertising, which is no longer true. Guzzetta stated the franchise expires in 2006 and this would be discussed at that time. Mayor Peterson closed the public hearing, as interested parties had an opportunity to express their views on the basic programming and equipment rates and installation charges AT&T Broadband calculated in its March 2002, rate filing and implemented in July, 2002. Motion by Williams, second by Szurek, to direct Creighton, Bradley and Guzzetta, LLC to prepare rate orders for adoption at a City Council meeting prior to March 1, 2003. Upon vote: All ayes. Motion carried. Peterson asked the students in the audience to come forward and introduce themselves. John Hunter, former City Councilmember, spoke his praise for Peterson and Szurek, for their commitment to pubfic service, and thanked them for the tough decisions they have made. First Reading of Ordinance No. 1450, being an Ordinance regarding the sale of 325 Summit Street. Motion by Williams, second by Szurek, to waive the reading of Ordinance No. 1450, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, to establish January 13, 2002, at approximately 7:00 p.m. as the second reading of Ordinance No. 1450, being an ordinance pertaining to the sale of City-owned property at 325 Summit. Nawrocki questioned access to the property for the proposed buyer and again requested more information on what the proposed changes would be and for a better drawing before the January 13, 2003 meeting. Fehst stated the alley would be realigned, and depending on the RFP for the land at dOth and University, it would need to include an easement so Mr. Gondack can get into the lower level of his building. The biggest concern regarding the sale of this property is a 3.5 by 1 foot area on the SW angle owned by his father and would require some recompense. Staff will work with Gondack for accessibility to his lower level. Hansen described the area from a maintenance prospective and stated his concern is plowing snow in the alley. Hansen stated he would not recommend a cul-de-sac in this area. Upon vote: All ayes. Motion carried. City Council Minutes December 16, 2002 Page 13 of 18 First Reading of Ordinance No. 1451, being an Ordinance amending Ordinance No. 1447 Designating certain land use of public properties (Lomianki North). Motion by Szurek, second by Williams, to waive the reading of Ordinance No. 1451, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, to establish January 13, 2003, at approximately 7:00 p.m. as the second reading of Ordinance No. 1451, being an ordinance amending Ordinance No. 1447, designating certain land use of public properties in Blocks 73, and 100, Columbia Heights Annex (Lomianki Park). Nawrocki questioned the map handout not showing this block as designated for park purposes. Dm Johnson, City Planner, referred to Ordinance 831 designating park properties, which designated the three Lomianki properties. Ordinance 831 was amended by Ordinance 1447. Nclwrocki gave the history of this area and how it lead to his interest in pubfic service. The land between 38th and 39th was to become a park, and the land south of 38th was for park and buffering. The area north of 39th was to be developed as industrial. His concern wouM be for buffering from the alley. He suggested the owner move the building closer to the raih'oad and put in more landscaping. He asked what the P&Z discussion was on screening. Szurek stated they felt the question was on allowing him to move forward with the development and that screening wouM be part of the land development discussion. Fehst stated that screening couM be a contingency in the agreement. Nawrocki stated that he had specifically asked that screening be discussed by the Park and Planning/Zoning Commissions. Fehst stated the property can be soM with conditions. dohnson stated that screening concerns can be addressed through the site plan process, and that screening is ah'eady required in the newly adopted Zoning Ordinance. Dave Peterson, 3950 Main Street, asked if the business owner runs one, two or three shifts (the owner in the audience stated one shift only). He suggested the owner stay where he is and add another shift. Carol Ford 3942 Main Street, stated this is a dead end alley and the current business already makes it impossible to get resident's vehicles out of the alley, and another business will only make it worse. This is a nice park that couM be better utilized or left as an open space as it is now. She suggestedputting this business in the industrial area. Dale Rustom, 3932 Main Street, stated he lived here when the railroad came in and the noise control from that does not work. Columbia Height; need; more parks, not more buildings. Deanne Bogangrief 3938 Main, stated this property was given to the resident; and to the city to take care of and resident; want it to be park property, not light industry. She asked for this to be tabled as the moratorium in industrial park shouM include any changes to light industrial in the city. Peterson closed the public hearing. Wyckoff stated that she spoke to the resident; in this area and she will make sure the current owner will not block the alley. Randy Schumacher, Communi(y Development Assistant, indicated the business causing the alley to be blocked was soM three week; ago, and we need to determine if this was the oM or new property owner and work with them on the problem. The Police Department will be made aware of the situation. Schumacher stated that the proposal by Glen Stauffacher does not require access to the alley. City Council Minutes December 16, 2002 Page 14 of 18 Nclwrocki asked that the City have something definite on paper as to the type of screening/buffering and how it would be maintained. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, abstain. 4 ayes - 1 abstain. Motion carried. First Reading of Ordinance No. 1452, being an Ordinance regarding the sale of 3929 California Street. Motion by Nawrocki, second by Szurek, to waive the reading of Ordinance No. 1452, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Nawrocki, to establish January 13, 2003, at approximately 7:00 p.m. as the second reading of Ordinance No. 1452, being an ordinance regarding the sale of City-owned property at 3929 California Street. Wyckoff questioned what happens if Stauffacher finds the property unbuildable. Schumacher stated that the purchase agreement indicates the property is buildable, and if not the agreement wouM be null and void Nclwrocki asked that the sale agreement include property screening, and that those property owners on Main Street be notified of the January ]3th meeting. Fehst asked if Council wanted a sale contingency regarding screening, but questioned including future maintenance. Hoefi stated this wouM not be included in the purchase agreement, but we couM have a development contract whereby any failed plantings be replaced within a year or two. This wouM not have perpetuity, and wouM be enforced as with any other business. Wyckoff stated that the Park and Recreation Commission asked that funds from this sale go back into the parks. Hoefi stated that proceeds from the sale wouM go to the General Fund. Nawrocki stated that if there was not an iron-clad screening guarantee for the residents along Main Street, he could not support the sale. Hoefi stated there would not be ongoing protection. A deposit or security could be required to replace plantings or fence, and we could draw on the credit. After that was depleted it would go through code enforcement. Peterson stated the residents are not concerned with the screening, but want to retain the open space. He indicated that 45feet to the east could be maintained as a mini park, allowing them some open space. 14zilliams stated that he has never seen anyone using the north or south property, and Council shouM represent citizens of the entire City. He felt both areas could be developed with nice residential homes. 14zilliams is not convinced this area should be industrial. Upon vote: Williams, abstain; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, abstain. 3 ayes - 2 abstentions. Motion carried. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution No. 2002-70, being a Resolution adopting a budget for 2003, setting the City, Library and EDA levy at $4,817,984, and approving the HRA levy of $111,648. Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2002-70 there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes December 16, 2002 Page 15 of 18 Motion by Szurek, second by Williams, to adopt Resolution No. 2002-70, being a Resolution adopting a budget for 2003, setting the City, Library and EDA levy at $4,817,984, and approving the HRA levy of $111,648. Nawrocki stated he couM support the action to set the levy, because it is not an increase from last year. He cannot support the budget, as it is not reality and does not cover cuts in State aids. We begin with a budget where revenues do not meet expenditures and is irresponsible to adopt such a budget. He referred to an article in the Sunday newspaper on State aid and our placement as compared to other cities. Nawrocki referred to State mandates, and the history of State aid He asked that the question be divided Wyckoff referred to an article in the St. Paul paper that she had copied for Council on State aid Williams stated that our City will be affected by State budget cuts, andpossible fund balance cuts. It is imperative that the new City Council encourages development in the City so we can be responsible for ourselves. The industrial area has not been paying their fair share of taxes. We will spend down some fund balances. We may have to make some cuts in Fire and Police Departments next year. Nawrocki agreed on the need to redevelop the industrial area. Recommendations for improvement in the industrial area will require City resources and expenditures. Szurek stated that she went through the department budgets and found that increases came primarily from the step program for employees, insurance, PERA, workers comp, deferred comp, Parkview Filla North, and capital outlay. She listed the departments that had personnel decreased She felt that if we did not have to patrol Hilltop or respond to their fire calls, our costs would not be as high. Insurance and bonding have gone up, the Fire Department needs to replace protective clothing, and the generator was replaced as was some fire equipment. The budget for our children at recreation is the smallest of the whole city. She apologized to our youth for not providing a community center. She stated there is no "fluff" in our budget. We have become dependent on State aid but now will have to raise taxes. We are only providing services, we are not providing anything to keep or bring in residents. Nawrocki called for the question to divide the motion. Motion did not receive a second Szurek called for the question. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION 2002-70 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2003, SETTING THE CITY LEVY, APPROVING THE HRA LEVY, AND APPROVING A TAX RATE INCREASE FOR PROPERTY TAXES PAYABLE IN 2003. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. City Council Minutes December 16, 2002 Page 16 of 18 Section A. The budget for the City of Columbia Heights for the year 2003 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 Rental Housing HRA Administration State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,899,512 363 003 140 569 360 507 213 764 17 309 111 648 171 235 166 974 679 700 8 825 155,120 275,992 1,037,558 497,330 13,301,048 1,667,231 1,319,470 1,537,520 193,272 274,562 2,412,822 33,804,971 Section C. The following sums of money are levied for the current year, collectable in 2003, upon the taxable property in said City of Columbia Heights, for the following purposes: General Levy Estimated Area-Wide Total Levy Estimated General 3,313,830 930,000 4,243,830 Estimated Library Levy 433,585 433,585 Estimated EDA Fund Levy 140,569 140,569 Total Levy 3,887,984 930,000 4,817,984 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2003 in the amount of $111,648. 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 2003 that is higher than the tax rate calculated pursuant to Minnesota Statutes '275.078 for the city for taxes levied in 2002, collectable in 2003. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Bid Considerations -none Other Business - none City Council Minutes December 16, 2002 Page 17 of 18 ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported on the farewell reception for Szurek and Peterson and gave his and staff'; appreciation for their service to the City. Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions · Meeting of the Planning and Zoning Commission of December 3, 2002 · Meeting of the Library Board of December 3, 2002 Peterson stated that Bob Ruettimann, EDA Commissioner, has moved out of the community and has verbally submitted his resignation. He recommended Marlaine Szurek as his replacement. Peterson asked Hoefi if he could appoint her at this meeting. Hoefi indicated the Mayor could make this appoint with Council approval. Wyckoff suggested giving other resident; a chance to apply. Nawrocki indicated that since we do not have an official vacancy, an appointment could not be made. Peterson indicated the importance of this commission, and highlighted Szurek ' s background He stated that Mr. Ruettimann recommended Szurek as his replacement. Hoefi questioned if there is a vacancy to fill, as the written resignation has not yet been received. The assignment should wait until the resignation is in place. CITIZENS FORUM Deb Johnson, 4638 Pierce Street, gave her encouragement for redevelopment, but stated that we have a sever enforcement problem, and should take care of what we already have. Don Jolly, St. Michael, past City Councilmember, paid his respect; to Peterson and Szurek. He referred to their community service, church service, etc. and referred to programs that were put into place and have stood the test of time. He welcomed the newly elected Councilmembers. HaroM Hoium thanked Peterson and Szurek for everything they have done. He stated that if all the vacant lot; in the City were developed our tax base would increase. COUNCIL CORNER Nawrocki · State aid were not gifts, mandates came first. · Attended National League of Cities meeting - o talked to exhibitors regarding skate board park o attended sessions on downtown development where consultants work on retail development and suggested we talk with the League of Cities and the City of Robbinsdale regarding development. He asked staff to follow up and bring the information back to Council. o referred to a discussion group of first ring suburbs · Expressed his appreciation to Peterson and Szurek for their service and commitment, and for their contribution to the ongoing progress in the community. City Council Minutes December 16, 2002 Page 18 of 18 Wyckoff · Referred to the good turn out at the library fund raiser at the Heights Theater. · Referred to the Columbia Heights historical calendar that is for sale. · Thanked Peterson and Szurek for all they have done. Thanked them for wanting to stay active in the community. Szurek · Gave a farewell comment on her five years of service, on Peterson' s hard work, on staff' s support, thanked her husband and children, spoke to the citizens of Columbia Heights, and indicated that she will continue to pray for the prosperity of this City. Williams · Referred to getting our State Representatives to stop giving mandates · Stated Peterson has been the greatest leader he has worked with, who had great patience. He respects him tremendously, and spoke of Szurek's accomplishments and his respect for her. · Everyone has talent, what is rare is the courage to follow that talent to the dark place it leads. · Read from the Bits and Pieces - "Keep our mouths shut and our pens dry, until we know the facts." · Pray for the peace and prosperity of our City. · Happy holidays, and the holiday fundraiser was a wonderful event. · There will be a tri-city hockey Valentines party, tickets will be $20. Don dolly referred to the passing of two long time Columbia Height; resident; and stated he would like to buy a calendar, dolly referred to what a pleasure it wouM have been to buiM a civic center like the one in Monticello. Peterson · Read from Bits and Pieces - regarding team work. · Thanked his family and his wife Jaci. · Stated he will miss Harold Hoium · Stated he will miss working with staff and consider them as friends · Readacard · The holiday party will continue and there will be a prayer breakfast in May. · Don't take ourselves too seriously, enjoy live, and love your neighbor. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:38 p.m. Patricia Muscovitz, Deputy City Clerk