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HomeMy WebLinkAboutDecember 12, 2005 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING DECEMBER 12, 2005 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, December 12, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Peter Law - United Methodist Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson indicated that after the Truth in Taxation meeting the Council adjourned to an Executive Session for the purpose oflabor negations. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Fire Prevention Poster Contest Winner - Fire Chief Gary Gonnan stated the annual fire prevention poster contest is for 4th and 5th grade classes. Jesse McConnick was the local winner. She was presented with her trophy at the school. The winning poster goes on to the regional contest, to which Jesse was invited, but was unable to attend. Chief Gonnan instead presented her regional plaque and check at this meeting. Her poster will be hung at our Library. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items. 1) Approve the minutes of the November 28,2005 regular City Council meeting Motion to approve the minutes ofthe November 28,2005 regular City Council meeting as presented. 2) Approve the minutes ofthe December 5, 2005 City Council Truth in Taxation meeting Motion to approve the minutes ofthe December 5,2005 City Council Truth in Taxation meeting as presented. Nawrocki requested the minutes reflect that he stated he researched the Anoka County web site regarding cunent year taxes. The average value home in Columbia Heights is $149,000 and an average metro home $222,000, and on his home. He compared Andover, Columbia Heights, Coon Rapids, and Fridley and they pay were slightly less than us in property taxes. 3) Accept Boards and COlmnissions Meeting Minutes a) Motion to accept the minutes ofthe November 2, 2005 Economic Development Authority meeting. b) Motion to accept the minutes of the December 6, 2005 Planning & Zoning COlmnission meeting. 4) Adopt the 2007 Murzyn Hall rental rates, as outlined by the Park and Recreation Commission -Removed 5) Approve agreement with Rapid Graphics & Mailing for printing, publishing, and distributing City Council Minutes December 12, 2005 Page 2 of 16 the City newsletter at $18,620 for four publications in 2006 Motion to enter into an agreement with Rapid Graphics & Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yearly cost of $18,620 for four publications in 2006; and furthennore to authorize the Mayor and City Manager to enter into an for the same. 6) Adopt Resolution 2005-100 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. Nawrocki questioned the meaning of ACH payment and why the Infonnation Systems Director and Technician have authorization for the safety deposit boxes. Fehst indicated that the Finance Director would answer these questions. Motion to waive the reading of Resolution No. 2005-100, there being ample copies available to the public. Motion to adopt Resolution 2005-100 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. RESOLUTION NO. 2005-100 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 nanles 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 facsinlile signature or signatures resemble the facsinlile specimens duly certifIed to or ftled 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 tlle same hereby are, in all things ratifIed, approved and confmned. 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 City Council Minutes December 12,2005 Page 3 of 16 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 anyone of the following named City employees are required for access to safe deposit boxes: 7) Approve designation ofthe Sun Focus News as official City newspaper for 2006 -removed 8) Establish a Public Hearing to consider alley lighting Motion to establish January 9, 2006, at approximately 7:00 p.m. as a Public Hearing for consideration of alley lighting between ih Street and Washington Street, fi'om 45th Avenue to 46th Avenue. 9) Adopt Resolution No. 2005-99, being a Resolution accepting the Assistance to Firefighters Grant award in the amount of$55,225 for the purchase of an air compressor system, gear racks and portable generators with accessories. Nawrocki questioned what the rest of the funds would be used for. Gonnan stated that all the items would equal the total of the grant. Motion to waive the reading of Resolution No. 2005-99, there being ample copies available to the public. Motion to adopt Resolution No. 2005-99, being a Resolution accepting the Assistance to Firefighters Grant award in the amount of $55,225 for the purchase of an air compressor system, gear racks and portable generators with accessories. RESOLUTION NO. 2005-99 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2005 ASSISTANCE TO FIREFIGHTERS GRANT AWARD WHEREAS, the Federal Fire Protection Act of 1974 authorizes the Department of Homeland Security's OffIce of Domestic Preparedness to carry out the activities of the Assistance to FirefIghters Grant (AFG) Program; and WHEREAS, the purpose of the AFG program is to award one-year grants directly to fIre departments to enhance their abilities with respect to fIre and fIre related hazards; and WHEREAS, The Columbia Heights Fire Department applied for a $68,250.00 grant for the purchase of a new air compressor system, gear racks, and portable generators with accessories; and WHEREAS, The Columbia Heights Fire Department was awarded $55,225 towards the purchase of the above mentioned items with tlle Grantee paying 95 percent and the City paying fIve percent of the cost. NOW, THEREFORE BE IT RESOLVED that the Columbia Heights Fire Department accepts tlle Assistance to FirefIghters Grant in the amount of $55,225 for the purchase of a high pressure air compressor system, gear racks, and portable generators Witll accessories. I certify that the above resolution was adopted by the City Council of the City of Columbia Heights on this 28th day of November 2005 10) Authorize the purchase of a new compressor system from Alex Air Apparatus, Inc. in the amount of $39,390 Motion to authorize the purchase of a new compressor system from Alex Air Apparatus, Inc. of Alexandria, MN based on their low, qualified, responsible bid in the amount of$39,390, with funds to be appropriated fi'om 439-42200-5180; and fulihennore, to authorize the Mayor and City Manager to enter into an agreement for the same. City Council Minutes December 12, 2005 Page 4 of 16 11) Approve easement agreement between the City of Columbia Heights and Gilbert and Kim Becker for pennanent and temporary easements to the City and an access easement to 3901 Jefferson St. -Removed 12) Approve the items listed for rental housing license applications for December 12,2005 Motion to approve the items listed for rental housing license applications for December 12, 2005 13) Approve Business License Applications Nawrocki questioned if the Police Department had approved the beer license for the 500 Club. Fehst stated they have given approval. Nawrocki asked ifthe letter in the Council packet would affect the license. Fehst stated it would not. Motion to approve the items as listed on the business license agenda for December 12, 2005 as presented. 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 115122 through 115328 in the amount of$3,667,917.55. Motion by Williams, second by Diehm, to approve the Consent Agenda, with the exception of items 4, 7, and 11. Upon vote: All ayes. Motion carried. Bill Elrite, Finance Director, stated that ACH is Automatic Clearing House, which covers direct deposit of employee checks. The Information System personnel have access to the safety deposit box as it only contains backups to our computer system. 4. Adopt the 2007 Murzvn Hall rental rates, as outlined by the Park and Recreation Commission Nawrocki indicated the minutes of this meeting were not available for review. He requested infonnation on competitive rates, the 2005 rates, resident discounts and who else is eligible for reduced rates. Keith Windschitl, Recreation Director, refen"ed to the Council infonnation sheet, which showed the various discounts and rate increases. He indicated that with the full level of rental, there being only two Saturdays still available between April 1 and December 1, 2006, the Park Board is recommending an increase in rental rates to increase revenue for Murzyn Hall to help off set the losses incurred. A new proposal this year is the Friday decorating fee, which would allow the Saturday rental group to come in on Friday to decorate for $150, ifthe hall is available. Nawrocki questioned if we are competitive with other halls? Windschitl explained the difficultly comparing halls because of catering and liquor sales. Nawrocki asked what the 2005 rental revenue was. Windschitl stated the estimated 2005 total to be $86,174, and the projected total was $66,000. The 2004 revenue was $69,966 and the 2003 revenue was $60,865. He indicated that additional advertising has increased rentals. Motion by Williams, second by Kelzenberg, to adopt the 2007 Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 22,2005. Upon vote: All ayes. Motion carried. 7. Approve designation ofthe Sun Focus News as the official City newspaper for 2006 Peterson stated disappointment that some of our community functions are not receiving press and he does not feel we are getting the cooperation we should fi:om our official newspaper. Our Recreation Department is also expressing tIns concem. Peterson indicated he would like this tabled to meet with the Sun Focus to discuss our concerns. It would also be beneficial to meet with the NOliheaster. City Council Minutes December 12, 2005 Page 5 of 16 Motion by Peterson, second by Williams, to table designation of the official City newspaper for 2006. Kelzenberg suggested getting a quote from the Northeaster. Elrite stated that the law has changed and a newspaper published biweekly is adequate. Bid proposals were sent to the Sun Focus, Northeaster, and the Star Tribune, with only the Sun Focus responding. Fehst stated that a biweekly newspaper would create difficulty publishing planning and zoning items. Upon vote: All ayes. Motion carried. 11. Approve easement agreement between Columbia Heights and Gilbert and Kim Becker for pennanent and temporary easements to the City and an access easement to 3901 Jefferson St. Kevin Hansen, Public Works Director, described the three components of the easements and showed an overlay of the area that the roundabout would cover. This easement would allow delivery access of 67 foot trailers to this business from 6 a.m. to 6 p.m. We requested a temporary construction easement and a small pennanent easement at the SW comer for a concrete sidewalk to match into the 3901 Jefferson property. Nawrocki questioned the cost ofthe extra work. Hansen stated $9,000, which was part of the original project cost estimate. Nawrocki questioned item 2.02 of the agreement. Hansen stated that in the initial condemnation the PIN was filed incorrectly with the County and included the wrong property. This would work toward clearing that error. Motion by Williams, second by Diehm, to approve the easement agreement between the City of Columbia Heights and Gilbert and Kim Becker for pennanent and temporary easements to the City and an access easement to 3901 Jefferson Street. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Close the public hearing regarding the revocation or suspension ofthe rental license at 4524 Monroe Street NE in that an extension of time has been granted. Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental license held by Julie Marsh regarding rental property at 4524 Monroe Street NE in that an extension of time has been granted. B) Approve reissue of rental housing license at 666-668 47Yz Avenue Motion by Williams, second by Kelzenberg, to issue a rental-housing license to David Decker to operate the rental property located at 666-668 4 7Yz Avenue in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. C) Approve reissue of rental housing license at 660-662 4ih Yz Avenue Motion by Williams, second Kelzenberg, to issue a rental-housing license to David Decker to operate the rental property located at 660-662 47Yz Avenue in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. D) Adopt Resolution No. 2005-101, being a Resolution for Rental Housing License Revocation at 3849 Central Avenue NE. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2005-101, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes December 12, 2005 Page 6 of 16 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-101 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) ofthe rental license held by F.C. Celtic, LLC regarding rental propeliy at 3849 Central Avenue NE. Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson closed the Public Hearing. Upon vote: All ayes. Motion carried. RESOLUTION 2005-101 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by F.e. Celtic (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3849-51 Central Avenue NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 17, 2005 of an public hearing to be held on December 12, 2005. 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 1. That on September 21, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 12, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on December 8,2005, inspectors for the City of Columbia Heights performed a [mal inspection and noted that seven violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Unit #202 ii. Shall provide unit with a working smoke detector....State Statute 299F.362 iii. Shall repair the living room ceiling that has been damaged by water. IV. Shall repair the roof leak causing the water damage in Unit #202 v. Unit #201 VI. Shall repair the water that is leaking around the electrical panel in the unit Vll. Shall repair the water leaking around the south side windows. V111. Shall repair the kitchen ceiling that is water stained ix. Shall repair the leaking roof on the building. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of tillS hearing according to tile provisions of tile City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to tile License Holder described herein and identified by license number F7214 is hereby revoked. 2. The City will post for tile purpose of preventing occupancy a copy of this order on tile buildings covered by the license held by License Holder. 3. 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. E) Adopt Resolution No. 2005-102, being a Resolution for Rental Housing License Revocation at 4534 Madison Street NE. City Council Minutes December 12,2005 Page 7 of 16 Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2005-102, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2005-102, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, A1iicle IV, Section 5AA08(A) ofthe rental license held by Luis Sinchi regarding rental property at 4534 Madison Street NE. Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson closed the Public Hearing. Upon vote: All ayes. Motion carried. RESOLUTION 2005-102 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Luis Sinchi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4534 Madison Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 10, 2005 of an public hearing to be held on December 12,2005. 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 1. That on October 3, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 10, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on December 5, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall have all fire extinguishers in the building serviced by an approved company. ii. Shall remove all/any storage in the hallways, bikes, lawn chairs, charcoal. NO STORAGE OF ANY KIND CAN BE IN THE HALLWAYS. 5. 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, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7005 is hereby revoked. 2. 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. 3. 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. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt Ordinance #1501- to amend the City Code 6.801 Violations regarding Exterior City Council Minutes December 12,2005 Page 8 of 16 Improvement Compliance Fehst stated this is the second reading ofthe Ordinance to speed up the process of building pennit compliance. Peterson stated compassion for the people trying to sell their home across the street from the house on Cleveland. Fehst stated that someone is now trying to purchase 4152 Cleveland with the intent to put in a basement and finish the home. Hoeft indicated that they have showed proof of financing. Nawrocki stated that we have waited three meetings for abatement of the property and now winter is here. Hoeft indicated that we now have the name of the owner and mortgage company, so if requested by Council the abatement can be scheduled for the first meeting in January. But, hopefully there will be a new owner working on the property and the new ordinance will be in place to speed up the work. Hoeft stated that abatement is a cumbersome process and a District COUli Judge would likely not confillli abatement if a new owner would indicated the intent to place a basement under the structure. Peterson indicated that ifthere is not a new owner by that time, abatement should proceed. Nawrocki questioned that "substantial completion" is required of smaller units but not included for larger projects. Hoeft stated that problems are essential with residential properties. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1501, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance 1501, being an Ordinance amending Ordinance No. 1490, City Code of2005 Exterior Improvement Compliance. Upon vote: All ayes. Motion carried. ORDINANCE 1501 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 EXTERIOR IMPROVEMENT COMPLIANCE The City of Columbia Heights does ordain: S 6.801 VIOLATIONS. (A) No person, fIrm, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city without having fIrst obtained a permit therefore pursuant to the provisions of this chapter. (B) No person, fIrm, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city except in conformance with the standards for work performed and materials contained in this chapter. (C) No person, fIrm, or corporation engaging in building or construction or having any superior possessory interest in or owning real estate which is the site of such building or construction within the city shall refuse to allow an inspection by the Building OffIcial or his agent or designated representative. (D) No person, fIml or corporation owning or having a superior possessory interest in real estate within the city shall maintain any building or condition not in confomlance with the provisions of this code. (E) No person, fIrm, or corporation engaging in any building or construction or owning or having a superior possessory interest in the site of such building or construction shall refuse to comply with a lawful order of the Building OffIcial or his agent or designated representative under this chapter. (F) No person, fIrm, or corporation shall construct, or cause to be constructed or erected within the city any fence or swimming pool without fIrst having secured a pemlit therefore from the Building OffIcial. (G) No person, fInn, or corporation owning or having a superior possessory interest in real estate on which a fence or swimming pool exists shall allow such fence or swimming pool to be other than in a condition of reasonable repair and shall not allow such fence or swinmling pool to become or remain in a condition of disrepair or danger. (H) All exterior improvements of a structure, or portion thereof, including fInal grading to single family dwellings, multiple family dwelling of twelve (12) units or less or any structure accessory to a residential use shall be completed in accordance with City-approved plans within one hundred eighty (180) days after the date the City issued the building pertnit. SignifIcant progress, as deemed by the Building OffIcial, shall be shown within the fIrst ninety (90) days. (I) All exterior improvements of a structure, or portion thereof, including fInal grading to multiple family City Council Minutes December 12, 2005 Page 9 of 16 dwellings of more than (12) units or any commercial, industrial, office, institutional or non-residential structure shall be completed in accordance with City-approved plans within one (1) year after the date the City issued the building permit. (J) In all cases, the compliance deadline for exterior inlprovements shall be upheld unless a written request for an extension is submitted and approved by the Building Official. An extension may only be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. Examples would include a flood, fire, tornado, loss of job, prolonged illness or accident. The decision of the Building Official may be appealed to the Planning Commission, who acts as the Board of Appeals. 2) First reading of Ordinance No. 1502, being an Ordinance amending R-2, One and Two Family Residential District Jeff Sargent, City Planner, indicated this Ordinance would address the CUlTent moratorium on duplex construction in single-family neighborhoods by rezoning Oliginally constructed duplexes in the R-2 distIict to R-2B and the remainder ofR-2 to R-2A. Duplexes would be pennitted as Conditional Uses. The minimum lot size for R-2A would be 12,000 square feet and R-2B would be 5,100 square feet existing on January 1,2005 or 12,000 square feet for lots established after January 1,2005. The Planning and Zoning Commission approved this proposal with a five ayes, one nay vote. Nawrocki asked to have this explained again, which Sargent did. Sargent indicated that duplexes are allowed in R3 and R4 zones, which have a higher density, and would not be affected by this ordinance. Sargent stated that this Ordinance is to keep large duplexes from oveliaking neighborhoods with single-family homes. Peterson questioned the twin home size. Sargent stated that twin homes are now 9,000 square feet and would be increased to 12,000 square feet. He indicated there are 354 duplexes throughout the city. Nawrocki stated that this Ordinance goes in the right direction, but it does not make sense to allow a duplex on a small lot in an R3 zone. Peterson indicated that could be addressed at another time. Hoeft stated it would be appropIiate address the overall zoning ofR3 and R4 areas and look to down zone to R2; however, you do not want to create non-confinning propeliies. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1502, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to establish the second reading of Ordinance No. 1502, amending the zoning text as it relates to the R-2, One and Two Family Residential District, for Monday, January 9,2006, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3) First reading of Ordinance No. 1503, being an Ordinance amending the GB, General Business DistIict Peterson indicated that following several discussions, he would like this tabled to discuss at a work session. Nawrocki questioned the existing ordinance for car lots. Sargent stated this was outlined in the packet. Nawrocki questioned the difference between the draft ordinance and the ordinance. Sergeant stated that the draft ordinance showed additions and deletions with bold and stIikeouts, making changes easier to see. Nawrocki asked how the Ordinance would impact the private sale of his car. Sargent stated this would only affect car sales in the General Business DistIict. City Council Minutes December 12,2005 Page 10 of 16 Motion by Nawrocki, second by Kelzenberg, to table the first reading of Ordinance No. 1503, being an Ordinance amending the text as it relates to the GB, General Business District. Upon vote: All ayes. Motion carried. Nawrocki asked when the moratorium expires. Sargent stated in February of2006. Hoeft stated it will only be six months in February, and can be extended six months. Other Business 1) Adopt Resolution No. 2005-97 being a Resolution reclassifying and designating fund balances for a community Center and Adopt Resolution 2005-98 being a resolution designating funds for Sheffield/ Heritage Heights Redevelopment and Community Development staffing. Fehst stated discussions have included fund balances and what should be done with them, and concerns to have funds available to make our payment dUling the first six months of the year, but yet address the continuing interest to build a community center. Council consensus directed preparation of resolutions to draw down excess fund balances, which he listed. Fehst stated that the second resolution addresses last year's the one time fund balance of $716,000, basically arrived at from freezing jobs in the city, designate the transfer of $180,000 from the General Fund and $700,000 for the redevelopment phasing needs of the Heritage Heights area and staffing in Community Development. Nawrocki debated that all ofthe funds were from the hiring freeze and that this action was now directed by the City Council. Nawrocki indicated this action is very premature. There are other capital items to discuss, such as $3 million for Huset Park, Sullivan Park, lighting of another ball field and other potential projects. As for a community center, the residents have voted this down twice. This should be discussed in a joint meeting with the School Board to work out a plan to take to the citizens tell them what is different now, get their input and then take a vote. Regarding the Heritage Heights area, we hired a consultant for $50,000 and assembled a citizens cOlmnittee to look at recOlmnendations. For us to do anything without that infonnation would be ludicrous. We still owe $400,000 on work that was done in that area and should discuss how to handle that debt. Nawrocki stated that extra Police time was authorized and we should see the impact of that. Other parts of town also have problems that should be looked at. This is premature. Kelzenberg agreed that there have been problems, and this is not premature but way overdue. Fehst stated that improvements would be easier ifthe funds are designated. It would take a four-fifths vote to change the budget. Diehm asked what would happen if we do not spend the money. Fehst stated that we have stmied the study and want to look at how developers could help us with a five to seven year plan. He indicated that it happens all the time that some funds do not get spent. Fehst described the possibility of building three gyms and working with the YMCA for additional facilities and operations on our site. Williams indicated that we are committed to improvements in the Heritage Heights area. We should wait on any gym discussions until we meet with the School Board. Fehst stated the Council and School Board would meet after the first of the year. Nawrocki asked for details on the YMCA meeting. Fehst stated he met with their regional City Council Minutes December ]2, 2005 Page]] of] 6 financial person and property management person. They were very interested because we suggested we might have a site and some money to contlibute. Nawrocki spoke of past experiences working with the YMCA. Peterson also stated concerns from past experiences of donating money and not having a facility placed here. Williams questioned the funding breakdown of Heritage Heights and the COlmnunity Development Specialist. Fehst refelTed to dedicated building permit fees to hire the COlmnunity Development Specialist bringing us into compliance with the excess fees generated fi'om building fees. Peterson referred to the possibilities in our cOlmnunity; we have land for a community center and a gentleman's agreement with the Heritage Heights neighborhood. Our City is showing good faith to keeping our city moving forward. Weare not spending money at this time. We should work with the School Board, and we do have land available that would tie into the downtown development area discussed in the past. We need to show everyone that we are serious. If an opportunity presents itself, the funds would be there. Peterson stated his thanks to Nedegaard and Shaffer/Richardson for developing in our city. This is not premature. We need to move forward and have something that draws families to our cOlmnunity. Diehm indicated she saw this as nothing other than a cOlmnitment, which we have talked about for a long time. We told the Heritage Heights neighborhood we would improve the area and with the gym space we are not nalTowing our options, but broadening them by inviting conversation with the School Board, YMCA, and other organizations to get the ball rolling. Williams questioned if allocating these funds would affect possible redevelopment at 49th and Central for a liquor store? Fehst indicated that would not be from the general fimd, but pay as you go tax increment financing. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2005-97, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to adopt Resolution No. 2005-97 being a Resolution reclassifying and designating fund balances for a cOlmnunity center. Nawrocki indicated that more taxes are levied than needed, as proven by the accumulated fund balances. These resolutions were not a request of Council. He agreed it is desirable, if we could afford it and have the support ofthe community. With or without a cOlmnunity center our City moves forward. This is a slap in the face to residents that voted twice against this and by passing this resolution residents will believe we will go ahead and build the building. We don't talk about a cooperative effort with the schools and we don't talk about the operating costs. Motion to amend by Nawrocki, second by Williams, that the City Council will not take any action to constmct a cOlmnunity center building unless the voters approve it. Upon vote: Kelzenberg, nay; Williams, aye; Diehm, nay; Nawrocki, aye; Peterson, nay. 2 ayes - 3 nays. Motion failed. Diehm asked to clmify and reassured residents that we are not spending money. It simply is a commitment on the part of the Council as a priOlity and something we would like to look at and a personnel commitment and that we will carefully consider all options with all organizations before making any decisions and there will be lots of cOlmnunity involvement in the process. City Council Minutes December 12,2005 Page 12 of 16 Peterson reiterated his pride in the cOlmnunity and the need to keep moving forward. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION RECLASSIFYING AND DESIGNATING FUND BALANCES FOR A COMMUNITY CENTER WHEREAS, the City of Columbia Heights has accumulated fund balances in the General Fund, special revenue funds, and capital funds for the purpose of funding future expenditures; and WHEREAS, the City Council has determined that there is a need for a community center in Columbia Heights; and WHEREAS, it is the intent of the City Council to provide funding for a community center: NOW, THEREFORE, BE IT RESOLVED that a Community Center Capital Building fund be established and funds be transferred from the following funds to the Community Center Capital Building fund effective January 1, 2006. From Capital Equipment TV Fund Liquor Fund Four-Cities Bond Fund Capital Improvement General Government Buildings Fund Capital Improvement Parks Fund Insurance Fund Flexible Benefit Trust Fund Amount 250,000 500,000 90,000 1,800,000 500,000 735,000 25.000 $3,900,000 NOW, THEREFORE, BE IT FURTHER RESOLVED that the fund balance in the newly established Community Center Capital Building fund be appropriated for expenses related to a community center. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2005-98, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2005-98 being a resolution designating funds for Sheffield/Heritage Heights Redevelopment and Community Development staffing. Nawrocki questioned where the money would come from to pay what is still owed. Fehst stated that would come from the tax increment. Nawrocki stated this is premature, as we have a citizens committee, hired a consultant, appropriated money for extra policing, and have past money yet to be paid off. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION DESIGNATING FUNDS FOR SHEFFIELD REDEVELOPMENT AND COMMUNITY DEVELOPMENT STAFFING WHEREAS, the City Council of the City of Columbia Heights encourages and supports redevelopment of the city; and WHEREAS, the City Council has determined a need for redevelopment in the Sheffield/Heritage Heights City Council Minutes December 12, 2005 Page 13 of16 neighborhood; and WHEREAS, the General Fund fund balance increased in 2004 by $716,878 due to increased revenue and under expending; and WHEREAS, it is projected that the General Fund fund balance will increase by over $200,000 in 2005; and WHEREAS, the City Council is committed to redevelopment in the Sheffield/Heritage Heights neighborhood and to providing staffIng for ongoing redevelopment: NOW, THEREFORE, BE IT RESOLVED that $180,000 be transferred from the General Fund undesignated fund balance to fund 420 Capital Improvements Community Development for the ongoing funding of the Community Development Specialist and $700,000 be transferred to fund 410 Sheffield/Heritage Heights Development for ongoing redevelopment in the Sheffield/Heritage Heights neighborhood. 4) Adopt Resolution No. 2005-96, being a resolution adopting a budget for 2006, setting the City, Library and EDA levY at $6,347,537 and ap?roving the HRA levy of$161,366. Fehst referred to a memo with statistics from the Minnesota Tax Payers League comparing property taxes and requested they be entered into the public record. Of the 168 cOlmnunities and school districts, Columbia Heights was 163rd (5th fi-om bottom) in tax increases prior to passage of the School District initiative. A December 4 Star Tribune article stated that in the projected tax increases of more than 112 metro area cities Columbia Heights has the lowest property tax on a home of average market value. Fehst asked that the City Council approve the $6,347,537 the budget, which includes add backs of $20,000 for the Library, $49,000 for the Fire Department, 25th Officer in the Police Department for the Drug Task Force, replacement of the Maintenance III position in the Public Works Department, and approval ofHRA levy in the amount of$161,366. Nawrocki asked to have in the record his research from the Anoka County web site that current year taxes on the average value home in Columbia Heights is $149,000 and average metropolitan home is $222,000. Andover, Anoka, Blaine, Coon Rapids, and Fridley taxes all were slightly less than Columbia Heights. He stated that you could play games with numbers and play games with the Citizen League Report. Nawrocki felt the budget process was not good. We did not received project accounting on Huset Park, on fund balances, and on all city finances. There were fancy power point presentations made to support the budget rather than to give detail. The services this city provides have been good, are good today, and will continue to be good. We have good employees and good resources for them to work with. We are not doing the best to find the most cost effective ways and resources. The City Manager has not done his job to find the most cost effective ways. Nawrocki stated that the City Manager had proposed a five and one-half percent increase and he indicated that three percent was enough; with a compromise reached at four percent, which he would support. He questioned the increase in the budget totals. Elrite stated the increase is the add backs recOlmnended by the City Manager, which do not affect the total levy. Elrite stated that this document is the four percent levy, which represents a five and one-half percent increase to the taxpayer because of fiscal disparities/homestead, based upon individual home value. Williams stated that as propeliy values increase, your taxes increase. It is wise, as a City Council to add the 25th Narcotics Officer on the streets. It was effective for our Officers to mix with the neighbors in Grid 8. Williams questioned the projection for next year. Fehst stated that the City's Auditor commended him for his three year reduction plan. Williams asked ifthis budget includes employee raises. Fehst stated yes. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2005-96, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes December 12, 2005 Page 14 of 16 Motion by Diehm, second by Williams, to adopt Resolution No. 2005-96, being a resolution adopting a budget for 2006, setting the City, Library and EDA levy at $6,347,537 and approving the HRA levy of$161,366. Upon vote: All ayes. Motion carried. RESOLUTION 2005-96 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2006, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. 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. Section A. The budget for the City of Columbia Heights for the year 2006 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastmcture Capital Improvement Capital Equipment Replacement Funds Constmction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,410,751 815,185 246,331 123,161 204,228 656,631 5,375 156,932 2,365,000 277,861 1,615,000 524,014 6,804,682 6,212,361 2,068,862 1,548,249 1,377,165 312,544 268,840 2,060,496 36,053,668 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2006: General Fund Community Development Fund Economic Development Fmld State Aid Cable Television Library DARE Project Infrastmcture Capital Improvements Capital Equipment Replacement Funds Constmction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Revenue 8,410,751 815,185 246,331 123,161 204,228 656,631 5,375 156,932 2,365,000 277,861 1,615,000 524,014 6,804,682 6,212,361 2,068,862 City Council Minutes December 12, 2005 Page 15 of 16 Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Revenue Including Interfund Transfers 1,548,249 1,377,165 312,544 268,840 2,060,496 36,053,668 Section C. The following sums of money are levied for the current year, collectable in 2006, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy Estimated Library Levy Estimated EDA Fund Levy Total 5,784,253 478,319 84,965 6,347,537 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2006 in the amount of$161,366. 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 2006 that is higher than the tax rate calculated for the city for taxes levied in 2004, collectable in 2005. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2006 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2006. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. ADMINISTRATIVE REPORTS Report of the City Manager . EDA tour on Saturday to view development projects with mixed use - similar to our downtown, from 10:00 a.m. to 2:00 p.m. . Will work with Mr. Hansen on our concerns with Xcel Energy and how they fall short of our agreement. . Discuss the possibility of a cOlmnunity center with the YMCA and with the our School District. Nawrocki . Requested a copy of the letter to Xcel Energy. . When will the rOlmdabout open? Fehst stated it would open when the signs are in place, which should be velY soon. . The caterers for the employees Christmas party should have been a local business. . Requested infonnation regarding the New Brighton building official. Fehst stated he spoke to their City Manager who indicated that lawsuit was dropped immediately. We made it clear we do not want that person to do inspections in our community. Report of the City Attorney - none CITIZENS FORUM - none COUNCIL CORNER Nawrocki . The City is a work in progress, which gets better each year and will continue to get better. City Council Minutes December 12, 2005 Page 16 of 16 Diehm . Encouraged residents to get out into the community. With the holidays, enjoy choir and band concerts, and attend the Library fundraiser on Sunday at the Heights Theater showing White Christmas. . SACCA is looking for volunteers and contIibutions. Make it a holiday project - contact them. . The December values are cating, compassion, and kindness - appropIiate for the holiday season. Williams . Three people not from our City donated $1,000 to the Holiday Kick Off dinner. . Met with the President of the United States, was very humbled and honored. . Hopeful for the health of us all, and the health of Councilmember Nawrocki's wife. . Pray for all of our citizens. . Wished everyone a wonderful Christmas and a prosperous New Year. . A new CERT training will begin soon. Call Officer Lee Okerstrom to get an application. Kelzenberg . Read from the Green Sheet of Office's actions on December 8th. Our Police Officers and Firemen do a heck of a good job. . Wished everyone a Merry Christmas and a Happy New Year. Peterson . Wished everyone, City Councilmembers and City Staff a Merry Christmas. . Sent out special prayers to fii.ends GeIi Nawrocki, Gail Clelmnens, and Rick Jackson who are having health issues for good health in 2006. . Spoke of his dream of a street clock on 40th and Central. Plans to do fund raisers like buy a bIick or your name on a plaque and will have the clock in place by July 4th. Will meet with manufacturer. Plans are to call it the "Peace Tower" clock. . Be kind to your neighbor. . Don't take life to seIiously. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjoumed the meeting at 9:40 p.m. atIicia Muscovitz, CMC \. Deputy City Clerk/Council Secretary