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HomeMy WebLinkAboutDecember 11, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING DECEMBER 11, 2006 The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, December 11,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Peter Law, Community 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 Mayor Peterson removed item 6B, as the property has come into compliance. Nawrocki requested discussion on a proposal to seek bids for city goods and services be brought to Council for items over $10,000. Peterson placed this under item 7A.5. Williams indicated he would abstain on the business licenses - consent agenda item 5A20 PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations - Traffic Safety Award, Office of Traffic Safety, State of Minnesota Police Chief Tom Johnson introduced Gordy Pehrson and Bob O'Brien, Office of Traffic Safety. He indicated that the Columbia Heights Police Department has received a $3,000 grant as one of the Safe and Sober Challenge winners, thanks to Corporal Paul Bonesteel. Bob O'Brien thanked the community for their effort to save lives. He indicated that the Columbia Heights Police Department has done an excellent job, including enforcement, bulletin boards, mock crashes, etc. Ifwe continue this month as we have been, we will have the lowest amount of traffic fatalities since Worid War II. He awarded the 2006 Safe and Sober Challenge First Place Award to Paul Bonesteel and the entire Police Department. Bonesteel indicated he has been the Coordinator since the program inception in 2002. He listed the duties that contribute to the award. He thanked Patty Muscovitz, Jean Kuehn, and Paul Gross for their help in advertising the campaign. He credited the Office of Traffic Safety for the program and thanked them on behalf of himself and our Police Department. Pehrson pointed out the number of people that are alive because of the work of this department. Chief Johnson stated the presentation will be on January 10th. He indicated that the funds will be used for overtime and stop-sticks. He thanked Paul Bonesteel for his effort with this program. Peterson asked the Police Chief to tell all our Officers that we appreciate the hard work they do. Introduction of New Employees - Raeann Grew, Secretary II-A, Records Technician Chief Johnson introduced Raeann Grew and stated her background with the Anoka County Sheriffs Department and indicated that she has served a tour in Iraq. Grew stated that she appreciated this opportunity. Peterson thanked her for her service overseas. Nawrocki questioned her about her service in Iraq. She stated the importance there of working with the basic citizens. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda. Nawrocki requested to remove items #4,5, 11, 18. Williams requested to remove item #20. 1) Approve City Council Meeting Minutes for November 27, 2006 regular City Council meeting and the December 4, 2006 Truth in Taxation meeting City Council Minutes December I 1, 2006 Page 2 of 23 a) Motion to approve the minutes of the November 27,2006 regular City Council meeting. b) Motion to approve the minutes of the December 4,2006 Truth in Taxation meeting. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the October 24,2006 Economic Development Authority meeting. b) Motion to accept the minutes of the November 21,2006 Park and Recreation Commission meeting. c) Motion to accept the minutes of the December 5,2006 Planning and Zoning Commission meeting. 3) Approve subordination Agreement for Parkview Homes LLC Motion to approve the Subordination Agreement between the City of Columbia Heights, Parkview Homes, LLC, and M & I Marshall & IISLEY Bank; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki questioned the dollar amount. Fehst stated agreement has remained the same. 4) Renewal of contracts for Public Library Services and Integrated Library System (ILS) Services with Anoka County Library - removed 5) Adopt Resolution No. 2006-254, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2007 - removed 6) Adopt Resolution No. 2006-253, being a Resolution authorizing acceptance of a Traffic Safety Award Motion to waive the reading of Resolution No. 2006-253, there being ample copies available to the public. Motion to adopt Resolution No. 2006-253, being a Resolution supporting the efforts of the Columbia Heights Police Department in receiving grant money in the amount of$3,000 from the State of Minnesota, Office of Traffic Safety. This grant is in recognition of the efforts ofthe Columbia Heights Police Department in the area of Traffic Safety during 2006 and will be used to improve traffic enforcement and safety on our City's streets from January 3, 2007 to June 30,2007. RESOLUTION NO. 2006-253 BEING A RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Whereas, the Columbia Heights Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Safe & Sober Challenge; and Whereas, under the provision of the Highway Safety Act (P.L. 89-563), the Mimlesota Department of Public Safety has federal funding to promote traffic safety; and Whereas, the Minnesota Department of Public Safety had judged the Columbia Heights Police Department efforts to decrease impaired driving and increase seat belt use to be exceptional, and wants to reward those efforts by providing additional funding for the department; Therefore, be it resolved that the Columbia Heights Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from January 3, 2007 to June 30, 2007. The Chief of the Columbia Heights Police Department is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Columbia Heights Police Department Be it further resolved that the Chief of the Columbia Heights Police Department I hereby authorized to be the fiscal agent and administer the grant on behalf of the City of Columbia Heights. City Council Minutes December II, 2006 Page 3 of 23 7) Approve transfer of funds from general fund to police department budget to reimburse overtime fund Motion to transfer $825 received from Unique Thrift Stores and $1,600 received from Columbia Heights School District, a total of$2,425, from the General Fund to the Police Department 2006 budget under line #1020, Police overtime. 8) Adopt Resolution No. 2006-252, being a Resolution establishing eligibility standards for senior citizen utility rates Motion to waive the reading of Resolution No. 2006-252, there being ample copies available to the public. Motion to adopt Resolution No. 2006-252, being a Resolution establishing eligibility standards for senior citizen utility rates. RESOLUTION NO. 2006-252 ESTABLISH ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water 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 $26,500 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1,2007. 9) Adopt Resolution No. 2006-256, being a Resolution designating Official Depositories and safe deposit access Motion to waive the reading of Resolution No. 2006-256, there being ample copies available to the public. Motion to adopt Resolution No. 2006-256, being a Resolution designating official depositories and safe deposit access for the City of Columbia Heights. RESOLUTION NO. 2006-256 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 afftxed 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 offtcer 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 City Council Minutes December] ] , 2006 Page 4 of 23 hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of anyone of the following named City employees are required for access to safe deposit boxes: Finance Director, City Manager, Assistant Finance Director, Information Systems Director, Information Systems Technician 10) Approve designation of the Sun Focus as the official newspaper for 2007 Motion to designate Sun Focus News as the official City newspaper for 2007 and to Motion to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. Nawrocki questioned if other bids were sought. Fehst stated that the Northeaster and Star Tribune were asked to bid. 11) Adopt the 2008 Murzyn Hall rental rates - removed 12) Establish a public hearing to consider mid-block street light Motion to establish Monday, January 8,2007 at 7:00 p.m. as a Public Hearing for consideration of a streetlight between 3938 and 3942 Van Buren Street. Nawrocki questioned if a petition was received. Fehst stated yes, by the names included in the t),lTArtrlt), nar-.lrAt l,..I.6""'.lu.....u.. J:'U,"".n........L. 13) Change Order No. 1 and final payment for Miscellaneous Concrete Project #0600 Motion to authorize Contract Change Order No.1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $8,450.40 with funding out ofthe appropriate funds. Motion to accept the work for 2006 Miscellaneous Concrete Repairs and Installations, City Project #0600 and authorize final payment of $15,290.61 to Ron Kassa Construction, Inc. of Elko, Minnesota 14) Adopt Resolution No. 2006-243, being a Resolution establishing senior citizens or retired and disabled person hardship special assessment deferral Motion to waive the reading of Resolution No. 2006-243, there being ample copies available to the public. Motion to adopt Resolution No. 2006-243 being a resolution establishing a new maximum income of $26,200 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. RESOLUTION NO. 2006-243 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL City Council Minutes December 11,2006 Page 5 of 23 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: I. 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 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. 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 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: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. 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 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 $26,200. II. 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. 15) Adopt Resolution No. 2006-248, being a resolution adopting the 2006-2007 Snow and Ice Control Policy Motion to wave the reading of Resolution No. 2006-248, there being ample copies available to the public. Motion to adopt Resolution No. 2006-248, being a Resolution adopting the 2006-2007 Snow and Ice Control Policy for the City of Columbia Heights. Fehst stated that the Huset Park trail has been included for snow removal. Kevin Hansen, Public Work Director, listed the specifICS ofthe new area to be cleared. RESOLUTION NO. 2006-248 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY City Council Minutes December 11, 2006 Page 6 of 23 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. 16) Establish a Public Hearing to consider Re-assessment for 42nd Avenue Motion to establish Monday, January 8, 2007, at 7:00 p.m. as a Public Hearing to consider a re- assessment for 233 42nd Avenue for mill and overlay on 42nd Avenue. Hansen stated that there must be an assessment hearing to correct this. 17) Change Order No.2 and final payment for MSC Building Renovation and Remodelin~, City Project #0503 Motion to authorize Contract Change Order No.2 for additional work items as detailed herein for the MSC Building Renovation, City Project 0503 to Ebert Construction in the amount of$17,038.57 to be funded by Fund 411, Capital Improvements Government Buildings, for a revised contract amount of$933,122.12. Motion to accept the work for the MSC Building Renovation Project and authorize final payment of $62,842.54 to Ebert Construction of Loretto, Minnesota. Nawrocki questioned what a CMU was. Hansen stated concrete maintenance unit, for replacement of bricks, which exceeded the bid amount. 18) Adopt Resolution No. 2006-265, being a Resolution approving a Conditional Use Permit for retail space in the LB District, located at 3900 Stinson Boulevard - removed 19) Approve the items listed for rental housing license applications for December 11, 2006 Motion to approve the items listed for rental housing license applications for December 11, 2006. 20) Approve Business License Apl'lications - removed 21) 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 119547 through 119706 in the amount of$8,212,672.77. Fehst stated that $6 million are funds received and paid to our bank. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, with the exception of items #4,5, 11, 18 and 20. Upon vote: All ayes. Motion carried. 4. Renewal of contracts for Public Library Services and Inte~rated Library System (ILS) Services with Anoka County Library Nawrocki asked if this is a yearly cost. Becky Loader, Library Director, stated it is a $5,900 increase and is in the budget. Motion by Nawrocki, second by Williams, to authorize the Mayor and City Manager to enter into a contract ("Agreement to Provide Public Library Services") with the Anoka County Library. Upon vote: All ayes. Motion carried. City Council Minutes December 11, 2006 Page 7 of 23 Motion by Nawrocki, second by Williams, to authorize the Mayor and City Manager to enter into a contract ("Agreement for Integrated Library System Services") with the Anoka County Library. Upon vote: All ayes. Motion carried. 5. Adopt Resolution No. 2006-254, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2007. Nawrocki asked what the present salaries are. Fehst stated the present rate is three percent less than the recommended rate. Nawrocki asked ifthe engineering aid is additional. Hansen stated that is a budgeted summer position for surveying. The position in the budget tonight is part time. Motion by Diehm, second by. Kelzenberg, to waive the reading of Resolution No. 2006-254, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-254, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2007. Upon vote: All ayes. Motion carried. RESOLUTION 2006-254 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, an indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and 'Q.T:' TT t:'TTDTUl:D 1>1:'<;;;I\T 'T~n thlJ.t clll.....1-.. c.....ha.rlll1-=-l.... ho a..ff"o.....t~,.,&:Io T.-:1T'\l1FJoY'"" 1 ')(\(\'7 JI.J............... ..l- ....................&...................... .I..~w......,....... 1'.......L.I' '-..1...1."1. 0.,)0'-'-""........ >.:t'-'........"'\"..I:.yJ........, v..... ""'.1..1.""''''''''1. \I v JU.lJ.uuJ.:J I., ~vv f. 11. Adopt the 2008 Murzyn Hall rental rates Nawrocki asked if this is a five percent increase. Fehst stated yes, with exceptions. Keith Windschitl, Recreation Director, stated the rate increase requested for the main hall was based on the heavy usage. Nawrocki stated the history of Murzyn Hall. He questioned the 50 percent discount exception and if this was in addition to the resident discount. Windschitl stated that discount would be on a room requested for two hours or less. Windschitl stated the Park and Recreation Commission recommended only one discount be allowed per usage. Windschitl explained the 25 percent resident discount policy. Nawrocki stated that we are not treating the residents fairly. Williams stated that not all residents use the hall, so all residents would pay through higher taxes. We must pay for operations and it should be paid for by the users. Nawrocki stated he would vote against a rate increase for residents. Windschitl stated that at this point there are only four Saturdays available in 2007 and that the increase is to offset operation costs. Nawrocki stated when he visited the facility on one evening there were six different groups using the facility. He stated that the building was not built to generate revenue, but for the public to recreate. Motion by Williams, second by Diehm, to adopt the 2008 Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 21,2006. Nawrocki questioned if the increase would reduce the Recreation Department budget. Windschitl stated this request is for 2008 rates. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 City Council Minutes December 11,2006 Page 8 of 23 nay. Motion carried. 18. Adopt Resolution No. 2006-265, being a Resolution approving a Conditional Use Permit forretail space in the LB District, located at 3900 Stinson Boulevard Jeff Sargent, City Planner, presented the request of Tim and Marian Richman, book company owners. They live 400 yards from this building and want a business next to their home. The primary use will be a design studio. The retail space is 600 square feet. Jeff Sargent stated that Mr. Richman is well within the requirements ofthe conditional use permit (CUP). The rest of the space will be a professional studio. Nawrocki questioned the lots tied to this property. Sargent stated there are two lots north of the property, which are used for parking, but zoned Residential. Mr. Richman would be allowed to continue that usage with the CUP. They hope to turn the area into green space. The request of the neighbors is that nothing be built on this space. Sargent stated that the applicant could develop those properties as single family residences. Nawrocki wished him good luck. Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2006-265, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-265, approving a Conditional Use Permit for retail space not exceeding 2,500 square feet in the LB, Limited Business District, located at 3900 Stinson Boulevard, subject to the conditions stated in the Resolution. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-265 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MARIANNE RICHMOND STUDIOS, INC. WITHIN THE CITY OF COLUMBIA HEIGHTS, WHEREAS, a proposal (Case #2006-1201) has been submitted by Marianne Richmond Studios, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3900 Stinson Boulevard, LEGAL DESCRIPTION: On file at City HalL THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D)(3)(r), to allow retail sales not exceeding 2,500 square feet in area, in the LB, Limited Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 5, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. City Council Minutes December 11, 2006 Page 9 of 23 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS A TT ACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The gravel driveway on the south end of the property shall be resurfaced with a hard-surface material as approved by the City Engineer. 20. Approve Business License Applications Motion by Diehm, second by Kelzenberg, to approve the items as listed on the business license agenda for December 11, 2006 as presented. Nawrocki stated that two ofthe licenses are for Savers and Unique Thrift. Savers is conducting part of their business on the tire lane. He asked if a second hand license allows business in the parking lot? Wellie Auto wanted to add service bays and were told it would be unsightly. Three days this week Savers had their goods in the fire lane. Fehst stated that is a loading zone. Nawrocki suggested more control or criteria in the licensing process. F ehst stated that we have restrictions on the locations. Diehm stated that in 2007, when we look at commercial property maintenance, that could be addressed. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-257, being a Resolution for Rental Housing License Revocation at 3911 Van Buren Street Fire Chief Gary Gorman stated that the owner failed to submit the license application and fees. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-257, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki stated there is a car parked on the grass of the property. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-257, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Svitlana Moore regarding rental property at 3911 Van Buren Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-257 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Svitlana Moore (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3911 Van Buren Street NE, Columbia Heights, Minnesota, City Council Minutes December II, 2006 Page 1001'23 Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 21, 2006 of an public hearing to be held on December 11,2006. 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 November 8, 2006, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 21, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. 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: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. 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 U3911 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. B) Adopt Resolution No. 2006-258, being a Resolution for Rental Housing License Revocation at 563 38th Avenue - removed C) Adopt Resolution No. 2006-259, being a Resolution for abatement of violations at 4625 Tyler Street Gorman stated that this is a four-plex that has been through the abatement process. The units are vacant and are being damaged. The units were winterized and boarded up. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-259, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-259, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-259 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 20, 2006. 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: City Council Minutes December II, 2006 Page II of23 FINDINGS OF FACT 1. That on November 8, 2006 the building was posted with unlawful to occupy notices due to the rental license being revoked. Inspectors found all units vacant with signs of interior vandalism and trespassing, due to no response from, and no known location of the legal owner of the building the Fire Chief ordered that the building be winterized and boarded up. 2. That on November 17, 2006 a contractor hired by the Fire Department winterized the building and boarded the building up. 3. That on November 20, 2006 notices were sent to the owner via regular mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access, and winterized the units to prevent any damage to the building due to cold weather. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4625 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4625 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. D) Adopt Resolution No. 2006-260, being a Resolution for abatement of violations at 4633 Tyler Street Gorman stated this was for the same reasons as the previous abatement. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-260, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-260, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-260 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4633 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 20, 2006. 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 November 8, 2006 the building was posted with unlawful to occupy notices due to the rental license being revoked. Inspectors found all units vacant with signs of interior vandalism and trespassing, due to no response from, and no known location of the legal owner of the building the Fire Chief ordered that the building be winterized and boarded up. City Council Minutes December I 1,2006 Page 12 of23 2. That on November 17,2006 a contractor hired by the Fire Department winterized and boarded the building up. 3. That on November 20, 2006 notices were sent to the owner via regular mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and winterized the units to prevent any damage to the building due to cold weather. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4633 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4633 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. E) Adopt Resolution No. 2006-261, being a Resolution for abatement of violations at 4752 5th Street Gorman stated there is a large list of outside storage items. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-261, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-261, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4752 5th Street N.E. a ____~______ ___..l__________~~__.Ll__ _l__L_______L _r__~_l_L~____~_____ Ll__ _________...L.____________._LL_ r-1~..L.__I'"""1_...1_ ___.L~___ UUl:SaUl.;t: aUU a!-'lJlVVIug tut: aUatt:lilt:lit VI VlUli1tlVU:S 11VUl tilt: !-,IU!-'t:llY !-'UI:SUalll tV LHY LVU\;; :st:l.;tlVll 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-261 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Michael Jaster (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4752 5th Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 27,2006. 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 November 6, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on November 27,2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on December 4,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. Items include, but not limited to; gas can, screen, City Council Minutes December II, 2006 Page 13 of23 couch, screen door, door, carpet, bicycle parts, shoes, appliances, window screens, downspouts, dry vac, boxes of clothes, tables, chairs, exercise equipment, fish net, CD rack, car seat, lamp, bicycle, mop bucket, step ladder, boxes of toys 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4752 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4752 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. F) Adopt Resolution No. 2006-262 being a Resolution for abatement of violations at 3935 Polk Street Gonnan stated that the property has a large item by the garage in the alley. Diehm asked if it would be removed by Allied. Gorman stated yes. Nawrocki asked if Allied left a note regarding pickup options when picking up refuse in the alley. Hansen stated that appliances are picked up on the street. Nawrocki asked if the hauler is leaving tags on the leafbags on curbs. Fehst stated that they should be. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-262, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-262, a resolution of the City Council of the City of Columbia Heights declaring the property at 3935 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-262 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Oscar Curtis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3935 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 9,2006. 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 19,2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on November 9, 2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on December 4,2006, inspectors reinspected the property and found that one violation remained uncorrected. City Council Minutes December 11,2006 Page 14 of23 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. Items include, BUT NOT LIMITED TO; DISHWASHER 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3935 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3935 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. G) Adopt Resolution No. 2006-263, being a Resolution for abatement of violations at 4329 Main Street Gonnan stated the property has a damaged garage, debris, damaged doors and roof, and is missing a section of chain link fence. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2006-263, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Nawrocki, to adopt Resolution No. 2006-263, a resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. lVIotion carried. RESOLUTION 2006-263 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bart W. Mady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 15,2006. 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 4, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 15,2006, inspectors reinspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on December 4, 2006, inspectors reinspected the property and found that six violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace all missing/damaged fascia on the garage, shall remove timbers in the back yard, shall remove the scrub growth around the following areas, house, fence and garage, shall repair the damaged rear screen door, shall City Council Minutes December 11,2006 Page 15 of23 repair the damaged roof and the damage soffit and the damaged fascia on the building, shall replace the missing section of chain link fence. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4329 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. H) Adopt Resolution No. 2006-264, being a Resolution for abatement of violations at 4942 ih Street Gorman stated the property is vacant. There are four items to repair. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-264, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-264, a resolution of the City Council of the City of Columbia Heights declaring the property at 4942 ih Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Williams stated that at one meeting a young man indicated that he learned how to take care of his home due to this process. Gorman indicated the desire to better educate the public. Fehst stated that the process of our administrative search warrants were questioned by the Judge that issues them. Jim Hoeft, City Attorney, stated that Judge Roith handles these warrants and that the volume of warrant requests has increased significantly. A packet has been put together for the Judge with the requested information and we would like to inform a few other judges to distribute the cases. Gorman indicated this put us behind about a month, which is all right this time of year. RESOLUTION 2006-264 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jan Blanchard (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4942 7th Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 9,2006. 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 City Council Minutes December 11, 2006 Page 16 of23 1. That on September 28, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 9,2006, inspectors reinspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on December 4,2006, inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair and paint the overhead garage doors, shall replace the missing siding on the southwest comer of the garage, shall repair the deteriorated driveway, shall replace the missing shingles on the house roof. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4942 ih Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4942 7th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Addition to the agenda Nawrocki requested to have a policy where proposals and bids for goods or services over $10,000 come before the Council, to give Councilmembers the opportunity to ask questions. Motion by Nawrocki that proposals to seek prices for good or services in excess of$10,000 come before the Council so they can ask questions. Fehst stated that the City Charter allows Council to set the amount for the Manager to approve, which is $15,000. Fehst indicated that we are voting on $35 million budget tonight. Nawrocki gave examples of items that he thought should have had discussion before the bid process. Diehm asked ifhis concern was for items below $15,000 or ifhis concern was receiving infonnation before the bid. Nawrocki stated his concern was for items below this amount and that the Council is responsible for spending taxpayer's money. Council members should be able to check equipment suggested for replacement to make up their own minds. Peterson stated members do that now. Diehm stated that she personally does not check equipment as she would not know if there was still a useful life for the piece. She stated her comfort that if an item is approved in the budget she trusts the process. She indicated that she does not want every budgeted item to come back for re-approval. Nawrocki stated this is for procurements over $10,000. Williams asked how long the $15,000 limit has been in place. Fehst stated four years. Williams stated this process has worked fine. The budget increase was only 2.4 percent. We are very conservative and frugal with our citizen's money. Fehst stated that we attempt to present equal amounts of information on the breakdown of the budget and equipment purchases. The equipment requests are in power point presentations. Fehst stated that we have a competent staff and that he trusts in what they do. Nawrocki stated he is not trying to stifle the staff, but just trying to get information. City Council Minutes December II, 2006 Page 17 of23 Diehm stated that in the budget proposal tonight, in the add backs, there is $26,000 for a generator at pump station #2. Staff should not have to come back to Council for approve to obtain bids on the generator. Diehm suggested contacting the City Manager for information on items over $10,000. Williams indicated that at the meeting of Mayors and City Managers, most Managers run their city through the Division Heads. One person can not know everything. Peterson stated that he does go to the Public Works Department and ask questions and get the employee's opinions. They are professionals in their fields, and they do their job. If they don't, the City Manager will get someone that can do the job. Williams indicated that when he checked equipment a few years ago, staff was trimming trees out of the back of a dump truck, which was very dangerous. Fehst commented on our good staff of supervisors, and Steve Synowczynski and the great job he does on maintenance. Nawrocki stated that he would not vote for the budget ifthere is no control on how the big expenditures are made. Peterson called for a second to the motion. Motion died for lack of a second. 1. Adopt Resolution No. 2006-255, being a Resolution adopting a budget for 2007, setting the City, Library and EDA levy at $6,500,613 and approving the HRA levy of$161,366. Fehst stated there were 13 public meetings on the budget including the Truth In Taxation meeting last Monday night. The General Fund budget increase would be a $153,000 increase to the budget of $8,711,000, of which 50 percent is the Police and Fire Departments. The EDA levy is up substantially for preparation of the Comprehensive Plan that is mandated every ten years. We have added back $103,000, based on Council input, a library conference attendance and library association fees, drug task force officer, overtime in Grid 8 for police presence including Circle Terrace, Public Works generator replacement at pump 2 and replacement of picnic shelter at Silver Lake beach. There was a $20,475 error that would come from the fund balance. At the last meeting there was a request on fund balance information, which the Finance Director has reported on. The most significant fund balance that pays the general freight is under-funded by $1,023,096, which we are trying to increase. We only receive funds from the State twice a year and we are still under- funded by a million dollars. Enterprise funds must be spent on that type of activity. We do have a big ticket item replacement fund which was set up a long time ago. We also put money in the capital improvements/general building fund. Fehst stated his belief that people should "pay as you go" for services rendered. Tax caps imposed on cities over the four to five years from cutbacks in the state, cause everyone to suffer, but inner ring suburbs suffered more with the shift of less tax to commercial and more to residential. Fehst recommended approval of the budget. Nawrocki stated that tax payers have been asked to pay more than needed, which result in fund balances. Community Development got an increase of $280,000 for contingencies and transfers, why is that? Fehst stated $66,000 is the EDA increase and $50,000 is for the Comprehensive Plan. Nawrocki questioned protective inspections. Fehst stated the Building Inspector has anticipated additional costs with a good portion to be off set by revenues. Nawrocki felt there was room for adjustment. He stated that regarding funds added for Grid 8, we do have a problem there, but crime is not just in Grid 8. He supports the additional patrols in the summer. He indicated that the Police Chief provided infonnation on the need for services and that Grid 8 includes the schools, which requires additional resources. Peterson stated that we should not just monitor the problems, but get the problems out of town. We need to be proactive and clean up our community. He asked Nawrocki ifhe had a motion to make it. Nawrocki questioned the value and need for the additional $45,000 request. City Council Minutes December 11, 2006 Page 18 of23 Motion by Nawrocki that the $45,000 add-on to the Police budget be removed. Peterson called for a second. Motion failed for lack of a second. Peterson stated that if we take care of crime in the Grid 8 area it will free up officers for other areas. Deb Johnson, 4626 Pierce Street, stated that as the schools are in Grid 8, we need the police there. Students walk in the middle of the street and are in trouble all of the time. We give them sidewalks and they don't use them. Nawrocki questioned the need to increase the Fire Department secretarial position from .62 to .87, adding $10,000 to the budget. Motion by Nawrocki to remove the increase of hours for the Fire Department part time secretary. Fehst stated community clean up activities are taking up more time with the abatement process. The Fire Chief is concerned that there is not enough time for training/fire duties and is asking for help. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki questioned the additional money for the inspection program. Fehst stated that a portion was encumbered, but not all was spent. Motion by Nawrocki that additional budget funds for the home inspection program be removed from the budget. Peterson called for a second. Motion died for lack of a second. l\,. T ~__ ~~~ ~ 1_': .: _ -1": ~ _L _....l L1- _L Ll_ _ C! __ _ _.: _ 1 T\___": _ _L ,,_ _ __ -'I": __ _ L _ __ _ _ ~.L~ _ __ _~_ _ _ __ _ L .c: 11 _...1 _ _ LL _ -C_ _~ _1 _ _ L _ __ 1 _1 1~aWIU~1\.1111Ul~alCU lllalll1C "VC~lal rlUJCl:l \..-UUIUIUatt; VU:SltlUU wa:s UUt lUlt;U, :SU lIlt; lUllU:S MIUUIU be removed from the budget. Fehst stated that we used to have three more people in the Administration Department than we have now. The status ofthe position has not been detennined. We might be able to get by with an intern, but some things do not get done or fall through the cracks. There have been cuts in the Finance Department. Staff has many hats and can not always do their jobs. This will be discussed again next year. Motion by Nawrocki to remove $39,971 for the Special Projects Coordinator position from the budget. Peterson called for a second. Motion died for lack of a second. Nawrocki stated he would not be surplised that all ofthat money would be spent. Fehst stated that if we do need to hire someone we would. Peterson stated that Councilmember Nawrocki's statement was accusatory and out of line. Diehm stated her feeling that we are here to hear Councilmember Nawrocki's opinions and she has not had a chance to response, but could give her comment in one minute. She requested that is Councilmember Nawrocki had a motion to make it, as we do not need a ten minute dissertation on each item. Nawrocki stated that there is no comment on the City Manager making his comments. Nawrocki stated that he would hold no one back from expressing his or her OpInIOn. City Council Minutes December II, 2006 Page 19 of23 Motion by Nawrocki that the $36,100 for an additional Clerk Typist II in Public Works be stricken from the budget. Fehst stated that is not a new position, but one that was not filled with budget cut backs. Peterson called for second. Motion died for a lack of a second. Nawrocki stated in the Public Works Expert and Profession Services general fund there is $13,400 and questioned what that is for. Bill Elrite, Finance Director, stated it is consulting fees for the full time position of the engineering technician that was not filled. Fehst stated it was for a person that left mid-year. Motion by Nawrocki that the $13,400 in Expert and Professional Services be removed from the budget. Elrite stated that in 2006 the Engineering Tec position was under personnel. In 2007 we deleted that position from personnel and put it in consultant services. There is a deduction on the personnel side of the budget. Nawrocki questioned the personnel percentage difference from last year. Fehst attempted to describe the position status. Nawrocki listed the various engineering technician positions in the budget. Peterson called for a second to the motion. Motion failed for lack of a second. Motion by Nawrocki to remove $9,029 from the Enterprise Fund Expert and Professional Service. Peterson called for a second. Motion failed for lack of a second. Motion by Nawrocki to remove Capital Equipment $36,005 from budget. Peterson called for a second. Motion failed for lack of a second. Nawrocki questioned the Public Works Capital Outlay Equipment increase from $178,000 to $458,000. Fehst stated it is in the budget. Diehm stated there is a difference in spending time on the budget and remembering what every amount is for. Nawrocki stated that the tax levy is increasing more than $153,000. The HRA levy is in addition to and is increasing by $14,464. Fehst stated that the EDA and HRA recommended these increases. Motion by Nawrocki to reduce the proposed property tax levy by $153,076 with fund balances sitting in reserves. Peterson called for a second. Motion failed for lack of a second. Nawrocki referred to water and sewer rate increases of 50 percent over five years. He referred to Resolution 2003-50 from the Council meeting of 12-15-03 regarding sewage disposal and water rate increases. He stated his presumption that at the beginning of the year the rates will be further increased. Fehst stated it was clear from the 2003 action that they would not increase rates that much without the garbage rate decrease. He indicated that if you pay as you go for the service rendered there would only be minor increases. However, there were no increases for many years and it catches up with you. For seniors the total increase is a little over one percent a year. There was discussion at that time ofthe reduction to solid waste rates. Nawrocki stated the meeting action was for water, City Council Minutes December 11,2006 Page 20 of 23 sewer and storm sewer rates. For the average household for a five year period the increase was 50 percent. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-255, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-255, being a Resolution adopting a budget for 2007, setting the City, Library and EDA levy at $6,500,613 and approving the HRA levy of$161,366. Diehm stated that as a Council we have spent a lot of time compared to other communities on this budget. Regarding the police issue, she discussed with the Chief keeping the Grid 8 funds and how that would better serve the city. It would be a mistake to cut those funds and let crime deteriorate further. Regarding housing maintenance inspection services, residents are pleased with the progress to clean up the community and holding our housing code to a standard this high. Some residents have seen their property values decrease. It is important to keep money in place to take care of issues that will keep our property values high. The Auditor warned us that we must have money in reserves to pay our bills as we only received funds twice a year and to keep our financial rating high to receive a reasonable rate on funds borrowed. Diehm indicated that each Councilmember offers a difference of opinion, but stated her wish to find a way to express our differences in a way that is not as controversial but more conversational and not just a back and forth with Mr. Nawrocki. Peterson stated that he has taken part in hundreds of meetings where everyone is open and honest and working to make the best deal for our citizens. He indicated that he is also a resident and pays for these things. Don't loose faith in government. No one is trying to hide anything. All meetings are open to the public. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION 2006-255 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2007, 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 2007 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 Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction 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 8,711,736 917,211 317,228 159,828 190,074 683,095 5,375 156,055 395,500 598,760 955,000 550,169 7,225,307 6,214,700 2,178,338 1,613,395 1,391,506 369,835 268,535 1,897,206 34, 798,853 City Council Minutes December II, 2006 Page 21 01'23 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 2007' General Fund Community Development Fund Economic Development Fund State Aid Cable Television Libra ry DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction 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 Revenue Including Interfund Transfers Revenue 8,711,736 917,211 317,228 159,828 190,074 683,095 5,375 156,055 395,500 598,760 955,000 550,169 7,225,307 6,214,700 2,178,338 1,613,395 1,391,506 369,835 268,535 1,897,206 34, 798,853 Section C. The following sums of money are levied for the current year, collectable in 2007, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 5,839,734 Estimated Library Levy 519,981 Estimated EDA Fund Levy Total 140,898 6,500,613 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2007 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 2007 that is higher than the tax rate calculated for the city for taxes levied in 2005, collectable in 2006. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2007 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2007. The City Clerk is hereby instructed to transm it a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 11th day of December 2006 2. Reschedule Second Reading of Ordinance 1519, pertaining to rezoning Peterson indicated this is for the theater site. He stated that Diehm would not be at the January 8 meeting. Jim Hoeft, City Attorney, indicated that down zoning requires a 3/5 vote for approval. Motion by Williams, second by Kelzenberg, to reschedule the second reading of Ordinance No. 1519 for Monday, January 8, 2007 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager . Members of the EDA spoke of coming to Council to recommend a Helping Homes initiative that would allow us to continue the 379 Tax Increment District to garner funds. We will request feedback from the Council in a one-half hour meeting next week. . Referred to states that now sell beer, wine and liquor in their grocery stores. Grocery stores in our state would like to sell them. Children already have too much access to liquor and drugs. It is not healthy to City Council Minutes December II, 2006 Page 22 of 23 make them more available by selling liquor in grocery stores. · Donations will be taken at our employee holiday luncheon for school supplies for children in Afghanistan. Nawrocki . The VFW is donating $500 to the School Supplies for Afghanistan project. · Setting of a special meeting was not on the agenda. Need more public information. Hope this is not additional money for what staff wants to do. There should be information to the public before going to the Legislature. Fehst stated we would schedule a public meeting to get the information to the public. . Requested address where 10 to 12 water heaters were picked up by our hauler. · Asked for compost regulations in the community and garbage can location requirements. . Number of dogs and cats allowed - no more than two or a kennel license is required. · 3808 Reservoir - they work on cars in the driveway. One car is without a current license plate. · Purchase of three properties on Central -no one talks about the taxes lost by taking over the property. Raised question about Welsh Companies representing us. Questioned the difference in the County's assessed market value versus the appraised value/purchase prices of properties. Fehst stated that private appraisers were hired and comparable property sales were given. He stated that Welch Companies did make a disclosure. They did not make a written disclosure. Diehm stated that as a public body we must pay a fair market value, and are stuck with appraisals as a minimum. It should be a negotiated process. Peterson referred to meeting guidelines that indicated once a decision is made to move on and not keep bringing up the issue. Move forward. Report of the City Attorney - none CITIZENS FORUM - none. COUNCIL CORNER Kelzenberg - . Had a good time singing holiday carols around the clock tower with the Mayor and the public. . Wished everyone a Merry Christmas and Happy New Year. Williams · Kindness and compassion are our values of the month. Two solid citizens passed away this month. Enjoy every day as a gift. · Thanked the citizens for working with us and supporting us - we do the best job we can. We watch the budget and watch our dollars, and show compassion for each other. . Have a great New Year. Peterson . People should reflect on life and put their priorities in order. We just lost Claudia Nedegaard and then Bruce Nedegaard. One reason the old Kmart site was dwindling was because of health issues of the principals. Our thoughts go out to their children. Confident they will continue and do a great job. Edith Wargo was also put to rest. She was the first female to graduate law school at the U ofM. . Received news that one of our employees just lost her mother on the east coast - help her through this. . Treat one another with respect. . Don't take ourselves too seriously and do a random act of kindness. City Council Minutes December 11,2006 Page 23 of 23 Diehm . Many local holiday events available - check out the school choir and band concerts. . Wished Happy Holidays to those in the community and staff, or whatever holiday you celebrate. Nawrocki · Attended DARE program. Officers Joe Sturdevant and Mike McGee do a great job with this program. . Tomorrow night is the DARE graduation at Valley View Elementary. . Immaculate Conception has a DARE Care run by McGee. . Spoke of the meaning of Christmas that transcends all faiths. Merry Christmas to all. Peterson stated that the only thing we can control is our attitude. When the City Council comes back in 2007 it is with the hope of a fresh attitude. He thanked our service men and women, no matter where they are serving and wished them the best. Nawrocki indicated he would appreciate the same type of respect that is expected of him. ADJOURNMENT Mayor Peterson wished everyone a Merry Christmas and a Happy New Year. He adjourned the meeting at 10:58 p.m. j cc,'t'tz,."e,.,~-~~ I J '~>,",.~,,.t ..,~">-'1 ~:t,~ Patricia Muscovitz, CMC : Deputy City Clerk/Council Secrdtary