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HomeMy WebLinkAboutDecember 8, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBLA HEIGHTS CITY COUNCIL MEETING DECEMBER 8, 2008 The following are the minutes for the regular meeting of the City Council held at 7:08 p.m. on Monday, December 08, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERJROLL CALL/INVOCATION Lorraine Mell, Immaculate Conception Pastoral Minister 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 added scheduling a City Council work session for January 5, 2009 and the reissue of a rental license for 1731-1733 37th Avenue. Mayor Peterson removed Resolution No. 2008-308 for 950-952 44 %2 Avenue and Resolution No. 2008-310 for 4506-4508 Fillmore Street, in that the properties have been brought into compliance. Nawrocki requested to add discussion of the Comprehensive Plan costs and Tyler Street Special Assessments. Fehst suggested addressing these items after the consent agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Nawrocki presented a brochure on flag etiquette to the City Clerk. He indicated that fringe on a flag is acceptable for us to display. Nawrocki spoke of the passing this week of Don Murphy, Columbia Heights High School teacher from 1946 to 1986. Nawrocki requested to remove items A2, E, F, G, and H from the consent agenda. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. _Approve minutes of the November 24 2008 City Council meeting and the December 1, 2008 Truth in Taxation meeting. Motion to approve the minutes of the November 24, 2008 City Council meeting. Motion to approve the minutes of the December 1, 2008 Truth in Taxation meeting. -Removed B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the December 2, 2008 minutes of the Planning and Zoning Commission. C. Adopt Resolution 2008=303 Adopt~n~ ?004 Seasonal and Temporary' Wage Adjustments Motion to waive t he reading of tl~,e resolution, there being atr~ple copies available to the p'ablic. Motion to adopt Resolution 2008-303, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2009. City Council Minutes Monday, LZecember 08, 2008 Page 2 of 22 D. Approve the Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund re: Detox transports Motion to transfer $180 received from Anoka County for partial reimbursement of costs associated with Detox Transports from the General Fund to the Police Department 2008 Budget under line item 1020, Police Overtime. E. Adopt Resolution 2008 305 being a Resolution approving acquisition of property located at 4636 Polk Street and Resolution 2008-313 being a Resolution approving terms of interfund loan in connection with K-mart/Central Avenue TIF District -removed F. Approve Demolition Contract for 4631/33 Pierce Street -removed G. Adopt Resolution No 2008-306 being a Resolution adopting the 2008-2009 Snow and Ice Control Policy. -removed H. Approve Change Order No 1 for the Park Improvement Projects: Sullivan Park and Silver Lake Beach Park - Proiect 0805-0806. -removed I. Approval of the attached list of rental housing license applications in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for December 8, 2008. J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for December 8, 2008 as presented regarding the licenses for 2009. K. Approve payment of the bills Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 128293 through Check Number 128468 in the amount of $4,810,785.35. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda with the exception of items A2, E, F, G, H. A2. Approve minutes of the December 1 2008 Truth in Taxation meeting.. Nawrocki wished to add the comment, regarding his dissatisfaction with the Truth in Taxation meeting, that he did his homework and read the materials before the meeting. Motion by Diehm, second by Kelzenberg, approve the minutes of the December 1, 2008 Truth in Taxation meeting. E. Adopt Resolution 2008-305 being_a Resolution approving acquisition of property located at 4636 Polk Street and Resolution 2008-313 being a Resolution approving terms of interfund loan in connection with K-mart/Central Avenue TIF District Nawrocki opposed this as a premature action. The property from tl'.e outside is not undesirable. iWe do not have an inspection report on the inside of the borne and nothing on the assessed value of the property. We are using money from the K-mart TIF District prematurely, as we do not know the remaining needs for that project. It is committing future tax dollars. When this was originally proposed and adopted, citizens were told the funds would relieve the tax burden. We don't have a plan. There should be a selection criteria prior to considering these properties. City Council Minutes Monday, December 08, 2008 Page 3 of 22 Diehm stated that residents will see the benefit of these tax dollars. It may not be $20 in tax relief, but four years ago we made a commitment to residents to improve that area. It is difFcult to raise tax dollars for this. We need to proceed carefully, and obtain appraisals. Kelzenberg stated this is not premature, it is long overdue. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-305, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2008-305, being a Resolution approving acquisition of property located at 4636 Polk Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Williams agreed that on the outside the home looks O.K., but on the inside there is mold, broken fixtures, the ceiling is coming down, etc. Fehst indicated the assessed value is $259,000 and we would pay $98,000. Nawrocki stated that the Anoka County value is not what the property would sell for at this time. We do not have a fix up cost estimate, versus just purchasing it and tearing it down. Deb Johnson, 4626 Pierce, stated that a city lot is about $67,000, so this would cost about $30,000. Nawrocki stated it will be another $10,000 to 15,000 to tear it down and we lose the tax value while it is off of the tax roles. In the past, we spent about $1 million to tear down houses on one block. We still have those costs to make up. Johnson stated that those replacement homes are paying a lot more in taxes. Nawrocki stated that we do not have a comprehensive plan for this. There are over 450 foreclosed homes and we can't make a dent in that. Johnson stated she is one of the few that are still living in that area. Even though slow, good changes are coming. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Motion by Diehm, second by Williams, to waive the Reading of Resolution 2008-313, there being. an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2008-313, being a Resolution approving terms of interfund loan in connection with K-mart/Central Avenue TIF District. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. F. _Approve Demolition Contract for 4631/33 Pierce Street Nawrocki questioned where the money would come from. Sheila Cartney, Assistant Community Development Director, stated that funds would come from the Sheffield fund, number 410, which was established 15 years ago; and has a $389,000 balance. Scott Clark, Community Development Director, explained the two separate funds. Motion by Williams, second by Kelzenberg, to approve the Demolition Contract for 4631/33 Pierce Street per bid specifications in the amount of $13,985 between the City of Columbia Heights and Kevitt Excavating, LLC. Upon vote: All ayes. Motion carried. City Council Minutes Monday, December 08, 2008 Page 4 of 22 G. Adopt Resolution No 2008-306 being a Resolution adoptingithe 2008-2009 Snow and Ice Control Policy. Kevin Hanson, Public Works Director, stated this policy is based on the League of Minnesota Cities policy and indicates the who, what, when, and where of snow and ice control. Changes this year include sand barrels will only be available at the Public Works building, and we now have a center box dump to improve performance in alleyways. We added liquor store parking lots for snow removal and the public safety facility for next year. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2008-306, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2008-306, adopting the 2008-2009 Snow and Ice Control Policy for the City of Columbia Heights. Upon vote: All ayes. Motion carried. Donna Schmitt, 4260 Tyler Street, questioned why we plow 5215 University. Fehst stated that lot allows parking for our liquor store. Nawrocki stated that they allow liquor store parking and we plow their lot. H. Approve Change Order No 1 for the Park Improvement Projects: Sullivan Park and Silver Lake Beach Park -Project 0805-0806. Nawrocki questioned why the storm sewer fund is paying for this project when there is a park reserve fund. Hansen stated there are four items on the change order pertaining to the storm sewer fund: relocate a catch basin, an additional catch basin at Sullivan, the Rice Creek Watershed permit process required underdrains, and soil contamination found when placing the storm water pond. Nawrocki questioned the beach improvements. Hansen stated that the Park Dedication fund paid 65 percent and the rest came from grants. Motion by Kelzenberg, second by Williams, to authorize Change Order No. 1 for Environmental Remediation (Soils), Utility work or relocations for the Silver Lake Beach Improvements, City Project 0805 to American Liberty in the amount of $37.165, to be funded out of the storm sewer fund 604-49650-5185. Motion to amend by Nawrocki, that the funds for project 0805-0806 come from the Capital Improvement Parks Fund. Peterson called for a second to the amendment. No second was received. Motion to amend failed. Nawrocki indicated his reluctance to vote in favor of this motion. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. Miscellaneous Nawrocki questioned the Comprehensive Plan update cost. He was told at tl}e 1_ast meeting it was $45,000 and it is $49,30C, of which we have spent $47,031.46. There is roughly $2,000 left. Where will the additional money come from? Clark stated his understanding that the contract is to complete the project for that amount. There will be an open house in January and a meeting to work with the City Council and the Planning and Zoning Commission. Establish a City Council Work Session for Monday January 5, 2009 City Council Minutes Monday, December 08, 2008 Page 5 of 22 Fehst listed items for discussion at the proposed work session: Ramsdell Park Master Plan, City Pedestrian Mobility Plan, Hilltop Trailer Sales lot acquisition, Feasibility Report -Zone 4 Street Rehab., Audit clean-up, City Council meeting calendar, and Board & Commission liaison positions. Motion by Diehm, second by Williams, to establish a City Council Work Session for Monday, January 5, 2009 at 7:00 p.m. in Conference Room 1. Upon vote: All ayes. Motion carried. Nawrocki indicated that considering funding issues for next year, the Ramsdell Park project should be put off for a while. Reissue of rental license for 1731-1733 37th Avenue. Motion by Kelzenberg, second by Williams, to issue a rental housing license to Jackrabbit Properties to operate the rental property Located at 1731-33 37th Avenue NE in that the provisions of the residential maintenance code have been complied with. Nawrocki stated that he looks at each property and should have been allowed time to inspect this property. Fire Chief Gorman stated the property is in the process of being sold. Staff checked and all items have been corrected and the fees have been paid. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2008-312 being_a Resolution approving a 2-foot side yard variance for an addition to 4826 W. Upland Crest. Jeff Sargent, City Planner, stated this variance request is for a two foot set back. There was a fenced area used for storage that had a roof put on it to direct water runoff to the back of the property. With the roof, it does not comply with the five foot setback requirement. The Planning and Zoning Commission voted 4-1 to approve this. There was a 1964 survey of the property to the north, but compared to the site plan, there may be discrepancies. Sargent stated that it may be best to require the owner to obtain a survey, as a condition to their building permit to show there are three feet available. If the survey comes back as less that this, the request would have to go back before the Planning and Zoning Commission and the City Council. Sargent recommended approval of the variance with two conditions: 1. the applicant submit a survey to obtain a building permit 2. obtain a building permit by June or remove the structure by that time. Nawrocki stated that a survey may be expensive. Hansen indicated the cost could be between $500 and $1000 for a survey. Nawrocki questioned the need for that cost. Diehm clarified that if the survey is correct, we could be approving something that is on the neighbor's property. Sargent indicated that the fence with the roof is probably right on the property line. Peterson stated that he walked the property and highly suggested that the applicants find the property stakes or have the property surveyed. This would protect the applicant. l~/fary Zahorsky and Mark Hiel, 4846 Upla~ad Crest, indicated their feeling that a survey was not necessary, as the neighbors have agreed to this and the pins should be in place. Jim Hoeft, City Attorney, stated that a full survey may not be necessary. Something less can be requested. He indicated that it is not the city's obligation to find the stakes. The property owner can locate them and request staff verifies it. Diehm stated the importance for the owners to be sure the structure is on their property. Hiel stated City Council Minutes Monday, December 08, 2008 Page 6 of 22 that the roof is necessary to keep his house from falling down from water runoff. The fence was there when they bought the house. Peterson stated this would be for their protection. Diehm asked for clarification of the compliance date. Sargent stated June 2009. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-312, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to adopt Resolution No. 2008-312, approving a 2-foot side yard setback variance for the construction of an addition to the house located at 4826 W. Upland Crest, subject to the conditions outlined in Resolution No. 2008-312. Upon vote: All ayes. Motion carried. B. 2nd ReadingLof Ordinance No 1560 authorizin cg onveyance of certain real estate located at 950 40th Avenue and Adopting Resolution 2008-304 Business Subsidy Agreement with Stadium Village. Clark stated the process began in August to transfer the City's plaza property in exchange for exterior improvements. This is a subsidy and requires a subsidy requirement of exterior facade completion and to remain an office building for five years. This is a formal public hearing. Williams asked if the Park Dedication of $1,500 is new. Clark stated that was added. Naw~rocki stated that this is a give away of $240,000 to the owner of the building. Staff can not define the increased tax value. He reminded the Council that part of the overall project was to purchase 961 Gould to use for a snow dump site. That property had paid $1,000 in property taxes and therefore is a loss of tax dollars. Williams requested that Clark describe the agreement. Clark stated that Stadium Village Properties will use the property and we will retain ownership. We purchased the property for $30,000 and they will demolish the building and landscape the land. They will obtain the ramp, by agreement, in 2022 and the Gould property will become part of the parking ramp at that time in exchange for the improvements they have made to the property over the last 40 years. Cartney stated that they will also maintain the Gould property and have paid the cost in improvements by 2022. They will then pay taxes on that property. The subsidy is for the parking ramp and not the property on Gould. Nawrocki stated this is just more of a dent in property taxes received. Nawrocki restated his argument. Clark stated that there is no liquid asset to the plaza property. Williams questioned if the $240,000 value would be added to the building tax value. Clark stated that there would be some increase in value. The new skin adds value in marketability and perspective. Clark stated that the Gould property was purchased for drainage purposes. The home was blighted and had diseased trees on it. The building owners took over the demolition costs. The exchange was for them to put $40,000 of skirl on the building exterior and $ i ir~iilion into the building interior and parking ramp. Nawrocki stated that the City paid $30,000 for the Gould property and loses the property tax dollars. If another home was built, there would be additional tax dollars. The increased value in the building is an advantage to the owner for the amount of rent he can charge. They are currently negotiating a City Council Minutes Monday, December 08, 2008 Page 7 of 22 new lease with Northeast Bank. We did not offer the Credit Union any funds for improvements of their facade. Peterson stated that this is a unique situation and we are glad the building will look better, and improve rents. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1560, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to approve Ordinance No. 1560, authorizing conveyance of certain real estate located at 950 40th Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. Motion by Kelzenberg, second by Williams, to waive the Reading of Resolution 2008-304, there being an ample amount of copies available to the public. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2008-304, a Resolution approving a Business Subsidy Agreement between the City and Stadium Village Properties, LLC; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. C. Adopt Resolution 2008-311 3937 Main Street N E being a declaration of nuisance and abatement of violations within the City of Columbia Hei~;hts• Fire Chief Gorman listed the reason for request of abatement: 3937 Main Street N.E. -missing metal fascia on front of the house. Motion by Kelzenberg, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2008-311 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution Number 2008-311 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. D. Adopt Resolutions 2008-307 943 42nd Avenue N E 2008-308 950-52 44-1/2 Avenue N.E., 2008- 309 1200-02 Circle Terrace Blvd N E and 2008-310 4506-08 Fillmore Street N.E. beinP Resolutions of the City Council of the City of Columbia Hei hgti is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gorman listed reasons for request of license revocation: 943 42nd Avenue N.E. and 1200-02 Circle Terrace Blvd. N.E. - No application submitted, fees not paid, and no scheduled inspection. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution TvTurnbcrs 2008-307 and 309, tr~ere being ample copies available to the public. L1Tpon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2008-307, and 309, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All City Council Minutes Monday, December 08, 2008 Page 8 of 22 ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions- none B. Bid Considerations Accept the bid and award the contract for Columbia Heights Public Safetv Center Bid Package 3 and accept the bid and award the contract for Columbia Heights Public Safetv Center Phase 1 Alternate 1 bid. Fehst stated that Doc Smith, Construction Manager, and Dave Olds and Randy Engle of Buetow and Associates, Architects were present. Smith stated there were 157 bids opened. Fehst indicated it is the Construction Manager's job to recommend the sub-contractors. He has done a great job to move this project along. We have the pre-stressed concrete in. Smith stated that on the east side the pre-stressed concrete is in, the apparatus area is backfilled, and the last wall was poured. Tomorrow the last precast area will be set. He complimented everyone that helped with the sequencing to get this complete. The backfill was also difficult to get because construction was slow. Material was obtained from a five county area. Smith stated this bid portion is about $6 million of the project, including 17 different areas. The bids were about four percent higher than anticipated, but with alternates we are back on budget. Smith read the list of recommended bid awards and what portion of the project they would complete. Eliminated were the generator and concrete pad, to be looked at again next spring, along with the furniture and equipment, gun range, phones, etc. Alternate #10 -wanes coating will be reduced to bring the the up only five feet high in restrooms and locker rooms, Alternate #11 eliminate sky lights. Smith stated that we are at $11.5 million for the total project. At this point, $8,800,000 has been awarded in contracts. This does not include the RFP's and construction contingency. Peterson asked who the roofer is. Smith stated Delco, which changed when the sky lights were removed. Motion by Diehm, second by Kelzenberg, to accept the bid and award the contract for Columbia Heights Public Safety Center Bid Package 3 with alternates as presented. Upon vote: All ayes. Motion carried. C. Other Business Beim a Resolution Adopting a Budget for the Year 2009 Setting the City General Levy and Bond Levy Motion by Diehm, second by Williams, to waive the reading of Resolution 2008-314 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2008-314 being a resolution adopting a budget for 2009, setting the City General Levy at $7,214,117, and reaffirming the previously approved bond levies of $488,246. Nawrocki stated that the only thing that has changed since the Truth and Taxation meeting is the State deficit affecting possible loss of LGA. The newspaper showed we have the highest percentage tax increase of cities reported in Anoka County and the highest increase in the City Council Minutes Monday, December 08, 2008 Page 9 of 22 median value of a home. Stories continue about loss of jobs. When you take into account the County and City HRA levy and the amount we asked Anoka County to levy under "other" we are into a double digit tax increase for Columbia Heights tax payers. We are not keeping in mind the situation for the average tax payers in the city and we are not looking at future budget problems, and are using reserve funds. The operating costs for the new public safety building and gym are taken from the general levy next year. Nawrocki stated that the Police have done quite a good job under the new Chief, with changing the shift alignment to save funds, etc. He looks forward to improvements because of the new facility. Motion to amend by Nawrocki to remove $63,655 for a Crime Prevention Specialist. Second by Diehm, for discussion, with her intent to vote against this motion. Police Chief Scott Nadeau indicated that our crime prevention action is underdeveloped. Officers are asked to do these duties and have not had the time and capacity to bring groups together and knock on doors to get out our message. We have high expectations on what this can do for our community, as anon-sworn officer position. Williams asked the amount saved with anon-sworn position versus another officer. Nadeau stated it would be about $15,000 to $20,000 a year. Nawrocki stated it would be about $6,500 next year. They have done a good job, as we have seen in the statistic reports. There is a 27`h officer being added. Kelzenberg questioned if we will save overtime funds by going to the 12 hour shifts. Nadeau stated that it should do so and it will give us more consistency. Diehm called the question. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 1 aye - 4 nays. Motion failed. Nawrocki questioned overtime expenditures, which Nadeau clarified. Motion to amend by Nawrocki to reduce General Government Buildings proposed security improvements of $40,000 and reduce the tax Levy accordingly. Peterson called for a second. Motion failed for lack of a second Motion to amend by Nawrocki to reduce the budget by the proposed IS intern position. Seconded by Kelzenberg, for discussion. Kelzenberg stated that the intern will save us $7,000 over combining with the Anoka County Library system for IS services. They were going to charge us an extra $20,000, so we are actually saving money. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 1 aye - 4 nays. Motion failed. Motion to amend by Nawrocki to transfer debt service for the 1vlurzyn Hali improvements to a draw from the Park Dedication fund. Second by Williams, for discussion. Williams questioned the status of the Park Dedication fund. Elrite stated that those funds will be used for Ramsdell Park improvements next year. A large portion of the Park Dedication fund was used for the Silver Lake beach improvement, Sullivan Park structure, and Huset Park City Council Minutes Monday, December 08, 2008 Page 10 of 22 structure. Kevin Hansen, Public Works Director, indicated the Park Dedication fund allowed us to make improvements to these two parks and will be used for the Huset Park shelter. Hansen stated that expenditure of the remaining funds are anticipated for Ramsdell Park improvements. Nawrocki stated that the Ramsdell Park improvements have not been approved and funds can be used for Murzyn Hall. He proposed putting off Ramsdell Park improvements because of the cost and because of resident concerns. Elrite indicated that the Murzyn Hall payment is proposed to come from the Community Center Capital Improvement Fund. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 1 aye - 4 nays. Motion failed. Nawrocki stated that there was a $71,000 increase in the HRA levy under "Other". The Community Development Director had indicated they expect less income from building permits and rather than making adjustments to personnel, they asked to make up the money from the levy. Since that time we have added a new $250 permit fee for deteriorated/foreclosed properties to pay for costs incurred. They estimate 100 units in the coming year, which would be $25,000. Motion to amend by Nawrocki that the proposed HRA levy be reduced by $25,000 because of the unanticipated income, at the time of the budget preparation. Fehst stated that we will probably receive less revenue than anticipated previously, due to financial difficulties. There may be over 100 homes with certificates of occupancy removed next year, but they may not be reissued for the next several years. We have tried contracting building inspectors and tried sharing building inspectors, which did not work. Fehst stated that work by the building official and fire department will probably increase in these difficult times. Nawrocki stated that we need to find more cost effective methods. Diehm stated that we were given information from the Citizens League, which compares various types of information on different cities. Comparing the property tax on an average valued home, in 2007 Columbia Heights ranked 79'" out of 117 communities in the metro area. In 2008 we dropped to 80`". That is encouraging. She stated her understanding that any increase is a burden and hardship, and we are sensitive to that. It is somewhat disappointing that we were always second to the bottom behind Brooklyn Center and now may have fallen behind even them. We have a challenge to take care of citizens investments in their home and bring home values back up to that of other communities. Fehst stated that of 117 there are only three communities that only pay less on an average dollar amount than us. Nawrocki referred to a chart in the Minneapolis Sunday newspaper; by county they listed the percentage change by tax of 15 cities in Anoka County, many of which had decreases. At a 7.8% increase, we were the highest. Fehst stated that the article explains the School District increase with the new gym and sprinkling system and the levy increase of 5.60 percent for the public safety building, without which our increase was 3.04 percent. Peterson called for a second. Motion faiYed for lack of a second Motion to amend by Nawrocki to remove the Special Projects Coordinator funding of $28,448 and reduce the property tax levy accordingly. Second by Williams, for discussion. Fehst stated that it is anticipated the funds would be used for personnel and cable costs. Elrite City Council Minutes Monday, December 08, 2008 Page 11 of 22 indicated that we have had some discussion to fill this to keep up cable and web site activities that have trailed behind, Fehst reminded everyone that the Administration office is down three personnel. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 1 aye - 4 nays. Motion failed. Motion to amend by Nawrocki to reduce the City newsletter budget by $5,000 for the next two years and eliminate the person that puts it together and reduce the property tax levy accordingly. Fehst suggested saving even more money by placing the newsletter only on our web site and having some copies available at the library. Diehm indicated this has already been discussed and voted upon. It is possible to explore this further, but this is not the time or place. Nawrocki disagreed, we do too many changes after the fact and that is not the proper way. Peterson called for a second. Motion failed for lack of a second Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated -Merry Christmas and happy holidays. Report of the City Attorney Happy holidays CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, commented that even with budget cuts, the Police and Library will be able to work under this budget and hire those they need. People are concerned for their safety. She questioned why we keep the University Avenue liquor store open, as we have two new ones. Consider closing and selling the property. Reevaluate sending three people to the same convention and make sure different people get the chance to go. Remember you do not have to use all of the money that is budgeted. Regarding the state projection budget shortfall, spend wisely, union contracts are binding. Reevaluate who is given increases. Dwayne Morrell, 4212 Reservoir Boulevard, stated disappointment that a lot of funds were not included in the budget meeting pie charts. He asked for a copy of the fund list and totals. Morrell asked the anticipated life of the public safety building. Fehst stated that the building could have a second floor added. Keri Ericson, 5125 St. Moritz Drive, a 7t" grade student, invited everyone to their musical "Seussical Musical Jr." based on Dr. Horton Hears a Who at the High School. She gave the performance dates and time. Mona Anderson, 4132 Stinson, thanked Council members for all they do. She indicated that one employee received a pay raise of $20,000, which she felt was out of line. Remember that revenues are falling and unemployment is rising. Jeff Diehm, 5125 St. Moritz Drive, stated that the value of a home or property is not based on the City Council Minutes Monday, December 08, 2008 Page 12 of 22 footprint or size, it is based on the value of an arms length transaction; therefore, based on the desirability to live in Columbia Heights, the community offerings, police and fire services, etc. It is not the age of the housing stock, but really about where people want to live. J. Diehm implored Council members to continue to make Columbia Heights a better place to live. Keep up the good work. Mona Anderson stated that we should focus on safe gun ownership - we need to protect ourselves. COUNCIL CORNER Kelzenberg • Reminded everyone that there is no street parking allowed from 2:00 a.m. to 6:00 a.m. Fehst described a complaint that was addressed. We try to put notices on cars, but can not reach everyone. 3 inches or more of snow requires no street parking. • Have a nice holiday season. Williams • This year there will not be a holiday kick off party. Next year he will host the party on the second Saturday of November. • Only one city has a lower tax rate than us, out of 171 cities. We also usually come in under budget. There will be tough times in the next year. Tough times never last -tough people do. The Federal government is bailing out a lot of people and may bail out the State. There already is some funding for housing. We have a great city. Be happy with what we have. Hopes everyone has peace and remembers the reason for the season. • Applauded the Police Chief for changing the attitude of the department and the city. • Merry Christmas and Happy New Year. Diehm Reiterated the Mayor's comments at the Truth in Taxation meeting regarding the benefit of local tax dollars. Encouraged people, if able, to contribute to our local food shelf. Help our neighbors. Nawrocki • Tyler assessments -brought up at the last meeting, property at the dead end street was assessed both an avenue and street charge. Spoke to Hansen and Young at the last meeting regarding administrative policies. Questioned when the policy was it adopted by the city. • No parking notification process -talked to our Police Chief -one other notice has gone out. We leaflet cars that are on the street as a courtesy. The goal is to get cars off the street for the purpose of plowing snow. We also used the newsletter, but it was late this year. The No Parking reminder should be on the front page. Added his holiday greetings to the good citizens of our city, and council, and staff. Peterson • =w islied cvcrj%oile a T ieiT`y Christmas • There wiii be no more City Council meetings in December • SACA is a good organization -support them • If possible, support local businesses and spend your money locally • Don't forget our service men and women -honor them • From a newspaper article -happiness is contagious -like Councilmember Williams City Council Minutes Monday, December 08, 2008 Page 13 of 22 • Don't take ourselves too seriously and do a random act of kindness. 11. ADJOURNMENT ,~-Mayor Peterson adjourned the meeting at 10:03 p.m. { .~4 ' fi r s t ~~ ~ ~~ ~_.~ Patricia Muscovitz CMC ~ City Clerk RESOLUTION 200&303 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and interns, as indicated on Schedule I, II, III, and IV, which are attached and on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 2009. 2009 PART TIlVIE TEMPORARY LIBRARY EMPLOYEES -SCHEDULE I PAGE Entry $9.70 6 months $10.27 12 months $10.84 24 months $11.41 LIBRARY AIDE Entry $9.92 6 months $10.54 12 months $11.16 24 months $11.78 36 months $12.40 LIBRARY SUPERVISORS Entry $ t 8.23 6 months $19.25 18 months $20.26 2009 PUBLIC WORKS SEASONALS Seasonal Laborer (Including Rink Maintenance) Warning House Attendant Warning House SCHEDULE II 3 4 5 6 Entry 1 Year 2 Years Years Years Years Years $9.95 $10.19 $10.42 $10.66 $11.01 $11.36 $1 L71 $9.95 $10.19 $10.42 $10.66 $11.01 $11.36 $11.71 $10.95 $11..21 $11.46 $11.72 $12.11 $12.49 $12.88 City Council Minutes Monday, December 08, 2008 Page 14 of 22 Lead Attendant Engineering Aide $12.24 $12.53 $12.82 $13.10 $ 13.54 $13.97 $14.40 2009 RECREATION 5EASONALS SCHEDULE III Movement through the wage schedul e is contingent upon satisfactory performanc e as adjudged by the Employer. POSITION ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS 4 YEAR5 Summer Playground $7.85 $8.03 $8.21 $8.48 $8.75 $9.02 Asst. After School Instructor $7.85 $8.03 $8.21 $8.48 $8.75 $9.02 Trip Chaperone $7.85 $8.03 $8.21 $8.48 $8.75 $9.02 Facility Supervisor $8.29 $8.48 $8.67 $8.96 $9.24 $9.53 Scorekeeper (per game} $8.29 $8.48 $8.67 $8.96 $9.24 $9.53 Baseball Umpire -House League $16/game (Youth) -Traveling (Plate) $30/game -Traveling (Base) $25/game Soccer Officials (Youth) $14/game So$ball Umpires (Youth) -Youth Slow Pitch $16/game -Youth Fast Pitch $25/game Basketball Officials (Youth} - House League $16/game - Traveling $20/game Football Officials $25/game (Youth) Adult Athletics $25/game Umpire/Officials (Softball, Basketball, Volleyball, & Football} Performing Arts $8.34 $9.73 $11.12 $12.51 $13.91 $15.45 Instructor (Gymnastics, Cheerleading, and Ballet) Summer Playground $8.59 $10.02 $11.46 $12.89 $14.32 $15.91 Supervisor Trip Supervisor $8.59 $10.02 $11.46 $12.89 $14.32 $15.91 Program Instructor (Market rate--contingent upon approval of the Recreation Director and the Assistant to the City Mana ger.) 2009 INTERNS SCHEDULE IV Rate 1 $ 11.40 Rate 2 $11.94 Rate 3 $12.48 Rate 4 $13.03 Rate 5 $13.57 RESOLUTION 2008-305 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 4636 POLK STREET City Council Minutes Monday, December 08, 2008 Page 15 of 22 WHEREAS, the City has found that there exists conditions of substantial deterioration which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area, and WHEREAS, they City is making a concentrated effort to acquire foreclosed properties in the Sheffield area, and WHEREAS, the city has the option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Citi Financial (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED 1. The City Council hereby approves the terms of the Purchase Agreement for 4636 Polk Street NE between the City of Columbia Heights and Citi Financial and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price up to $97,500 plus all ancillary costs associated with closing and to proceed with demolition bids. 2. The City Council hereby authorizes staff to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Sheffield Redevelopment funds (fund 410). RESOLUTION 200&313 RESOLUTION APPROVING TERMS OF INTERFUND LOAN IN CONNECTION WITH K-MART/CENTRAL AVENUE TIF DISTRICT RECITALS A. THE CITY OF COLUMBIA HEIGHTS. ("CITY") AND ITS ECONOMIC DEVELOPMENT AUTHORITY ("AUTHORITY") HAVE UNDERTAKEN A PROGRAM TO PROMOTE THE DEVELOPMENT AND REDEVELOPMENT OF LAND WHICH IS UNDERUTILIZED WITHIN THE CITY, AND IN THIS CONNECTION THE AUTHORITY ADMINISTERS THE DOWNTOWN CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT ("PROJECT"} PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.001 TO 469.047 AND SECTIONS 469.090 TO 469.1081 (THE "ACT"). B. Pursuant to the Act, the Authority or City is authorized to acquire real property for development and redevelopment by private enterprise or public use. C. The City proposes to acquire certain property in the Project located at 4636 Polk Street (the "Property"). D. The Authority and City intend to modify the boundaries of the K-Mart/Central Avenue Tax Increment Financing District ("TIF District") to include the Property in order to facilitate development of the property. E. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. F. The City has determined that it is in the best interests of the City to loan funds to the EDA in order to acquire the Property, which loan will be repaid from tax increments, all as further described in this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The City authorizes a loan in the maximum principal amount of $116,500 (the "Loan"), to be drawn from any unencumbered funds available to the City for such purposes. Such amount will be made available at or before the closing on acquisition of the Property by the City. 2, The outstanding principal balance of the Loan bears interest at the rate of 8.0 percent per annum for expenditures made in 2008. For expenditures made in 2009, the interest rate shall be reset to the greater of (a) the rate specified under Minnesota Statutes, Section 270C.40 or (b) the rate specified under Minnesota Statutes, Section 549.09 for 2009. Interest accrues from the date of disbursement from the identified funds in order to acquire the Property. 3. The Loan is payable from tax increments generated from the TIF District as described in the Authority's Resolution Approving the Terms of Internal Loan in Connection with K-Mart/Central Avenue TIF District, approved on the date hereof Principal and interest ("Payments") shall be paid semi-annually on each August 1 and February 1 ("Payment Dates"), commencing on the first Payment Date after the first advance of Qualified Costs and continuing through the earlier of (a) the date the principal and accrued interest of the TIF Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District. Payments will be credited to the respective fund from which the Loan was drawn. All payments shall be applied first to accrued interest, and then to unpaid principal of the Loan. 4. The principal sum and all accrued interest payable under the Loan are pre-payable in whole or in part at any time by the Authority without premium or penalty. City Council Minutes Monday, December O8, 2008 Page 16 of 22 5. The Loan is evidence of an interfund loan in accordance with Minnesota Statutes, Section 469.1'78, subd. 7 and is a limited obligation payable solely from the revenues pledged to the payment hereof under this resolution. This Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Loan or other costs incident hereto except out of the pledged revenues, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Loan or other costs incident hereto. 6. The Loan is subject to modification of the TIF Plan to include the TIF District area. 7. The City may amend the terms of this Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. 8. The City Council authorizes and directs staff to take all actions and execute any collateral documents necessary to carry out the intent of this resolution. RESOLUTION N0.2008-306 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. RESOLUTION NO.2008-312 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MARY ZAHORSKY WHEREAS, a proposal (Case # 2008-1201) has been submitted by Mary Zahorsky to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4826 W. Upland Crest LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot side yard setback variance for the construction of an addition per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 2, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in gr}rating this variance the city and the applicant agree that this variance 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. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The wall adjacent to the north property line shall be a solid wall with aone-hour fire-rated separation. 3. Proper frost footings, approved by the Building Official, shall be installed for the addition. 4. The applicant shall locate the property line and have the location of the proposed addition inspected and improved by the City Council Minutes Monday, December 08, 2008 Page 17 of 22 Building Official prior to submitting a building permit application. 5. The applicant shall obtain a building permit no later than June 1, 2009, or remove the nonconforming structure by that time. ORDINANCE NO. 1560 BEING AN ORDINANCE AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 950 40TH AVENUE The City of Columbia Heights does ordain: Section 1: The City is the owner of certain real property in the City of Columbia Heights, legally described as "Exhibit A" and attached as part of this Ordinance (the "Subject Property"). Said real estate is located at 950 40th Ave. Northeast, Columbia Heights, Minnesota. The Subject Property is referenced in an original agreement, dated July 20, 1982, between the Columbia Heights Housing and Redevelopment Authority and Terry Evenson, which has been amended and assigned from time to time, as the "Walkway Property". On August 25, 2008 the City Council agreed to accept a "Preliminary Development Agreement" by and between the City of Columbia Heights and Stadium Village Properties (the "Agreement"). This Agreement detailed the rationale for the City to transact an action that would deed title of the Walkway Property from the City to Stadium Village Properties, LLC (the "Developer") in exchange for the aforementioned entity to reinvest, at the Developer's owned office building located at 3989 Central Ave. N. E., in the complete reconstruction of the exterior facade. At the time of the passage of the Agreement, the cost for the reconstruction was estimated at $500,000. The actual cost of the project, based on information provided by the Developer is $ 456,900. In addition, the Developer also infused $994,405 into other improvements in the Walkway, City owned Parking Ramp and the office building. As of the date of this Ordinance, the subject exterior improvements have been substantially completed. As part of the Agreement, the City commissioned an appraisal of the property. This appraisal, dated October 7, 2008 and completed by Nagell Appraisal and Consulting, establishes three separate values for the Walkway Property. The "value in use", meaning a value of a specific property to a specific person or firm as opposed to the market in general is $245,000. The "value in exchange", meaning the value on the open market is $25,000. The third is a "lease fee value" of $13 based on the dollar a year provision in the 1982 Agreement. Section 2: The City Council, by the passage of this Ordinance, hereby agrees that the preliminary consideration of the Developer, i.e., the reconstruction of the facade at 3989 Central Ave. N.E., has been substantially completed, and that in turn, the Subject Property should be deeded to the Developer for $-1.00. Section 3: As part of this transaction the Developer agrees to pay to the City $1,500 for park dedication fees as part of the minor subdivision approval process. In addition, casualty insurance on the adjoining parking ramp, as described in the 1982 Agreement, will become the responsibility of the Developer and proof of the same should be submitted to the City's Finance Department upon request. Section 4: The Mayor and City Manager are herewith authorized and directed to execute all documents necessary to effect the terms of this conveyance. Section 5: This Ordinance shall be in full force and effect from and after thirty (30) days its passage. RESOLUTION N0.200&304 RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE CITY AND STADIUM VILLAGE PROPERTIES, LLC WHEREAS, the City of Columbia Heights ("City"} is authorized to grant a business subsidy in the City in order to increase or preserve tax base, encourage additional investment and job growth, and facilitate redevelopment, all pursuant to Minnesota Statutes, Sections 1161.993 to 1161.995 (the "Business Subsidy Act"); and WHEREAS, the City Council (the "Council") has reviewed a Business Subsidy Agreement ("Subsidy Agreement") between the City and Stadium Village Properties, LLC (the "Developer"), pursuant to which the City will convey certain property to the Developer for $1.00; and WHEREAS, the City's contribution of land constitutes a "business subsidy" exceeding $100,000 within the meaning of the Business Subsidy Act; and WHEREAS, the City has on this date conducted a duly noticed public hearing regarding the Subsidy Agreement at which all interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City as follows: City Council Minutes Monday, December 08, 2008 Page 18 of 22 1. The Subsidy Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager; provided that execution of the Subsidy Ageement by such officials shall be conclusive evidence of approval. 2. The Mayor and City Manager are hereby authorized to execute the Subsidy Agreement on behalf of the City and to carry out, on behalf of the City, the City's obligations there under, including without limitation execution of all documents referenced in the Subsidy Agreement or necessary to carry out the transactions described therein. RESOLiITION 2008-311 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 Elizabeth Al-Ghamdi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3937 Main Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lt, 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 19, 2008. 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 14, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. a compliance order was sent via regular mail to the owner at the address. 2. That on November 19, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. a compliance order and statement of cause was mailed via regular mail to the owner listed in the property records, 3. That on November 2S, 2008 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 replace the missing fascia on the front of the house S. 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(8). CONCLUSIONS OF COUNCIL 1. That the property located at 3937 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, ar tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3937 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. RESOLITTION 2008-307 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of that certain residential rental license held by Alfonso J. Carrillo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 943 42"d Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Counti.il action contained herein was given to the License Holder on November 13, 2008 of an public hearing to be held on December 8, 2008. 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 or about September 1 S, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the City Council Minutes Monday, December 08, 2008 Page 19 of 22 property records. 2. That on November I3, 2008 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 properly 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 renewal rental license application and fees and failure to schedule an annual rental relicensing 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE943 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 head by License Holder. RESOLUTION 2008-309 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michelle A. Kelly (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1200-02 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.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 13, 2008 of an public hearing to be held on December 8, 2008. 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 or about September 1 S, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 13, 2008 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 renewal rental license application and fees and failure to schedule an annual rental relicensing 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE1200-02 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. City Council Minutes Monday, December 08, 2008 Page 21 of 23 RESOLUTION 2008-314 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2009, 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 2009 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 9,793,340 Community Development Fund 625,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783,847 DARE Project 5,700 Infrastructure 279,017 Capital Improvement 595,068 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Non-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 283,985 Debt Service Fund 2,111,450 Total Expense Including Interfund Transfers 33,263,020 Section B. The estimated gross revenue to fund the expense 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 2009: Revenue General Fund 9,793,340 Community Development Fund 625,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783,847 DARE Project 5,700 Infrastructure 279,017 Capital Improvements 595,068 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Plon-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 283,985 111,450 2 Debt Service Fund Total Revenue Including Interfund Transfers , 33,263,020 City Council Minutes Monday, December 08, 2008 Page 22 of 23 RESOLUTION 2008-314 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2009, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. Estimated General Fund Levy 6,560,902 Estimated Library Levy 573,215 Estimated EDA Fund Levy 80,000 Total 7,214,117 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 2009 that is higher than the tax rate calculated for the city for taxes levied in 2007, collectable in 2008. BE IT FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2009 Bond principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series 2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2009. BE IT FURTHER RESOLVED: That the City shall levy for the General Obligation Bond Series 2007A (Infrastructure Fund) in the amount of $130,587, and 2008A (Public Safety Building) in the amount of $357,659, and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2009. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 8th day of December Offered By: Diehm Seconded By: Williams Roll Call: Ayes: Peterson, Williams, Diehm, Kelzenberg Nay: Nawrocki Mayor Gary Peterson Patricia Muscovitz, CMC City Clerk City Council Minutes Monday, December 08, 2008 Page 23 of 23 City of Columbia Heights Budget Cuts and Add Backs Prepared 11/3/08 Cit Council reductions to ro osed lev resolution #2008-210 Ado ted 09/08/2008 Resolution Detail General levy 6,675,262 Library 573,215 EDA 80,000 Sub total 7,328,477 Infrastructure Bond 130,587 Public Safety bond 357,659 Murzyn Hall bond 93,640 Total proposed levy City Manager's recommended levy 7,910,363 City Council reduction of $208,000 Maintenance & Utilities on New Gym (64,360) Maintenance & Utilities on New Public Safety Bldg (50,000) Murzyn Hall Improvements Bond (93,640) Adopted Proposed Levy 7,702,363 Included in Proposed Lew Adopted Seatember 8. 2008 Police Fund 101 27th Officer Crime Prevention S ecialist 70,000 63,655 Total Police 133,655 New Items Adds and (Deducts) Community Development Fund 201 Other Services and Charges - (RIBS Program) Revenue - (RIBS Program) (20,000) (30,000) General Government Buildings Fund 411 Capital Improvements Securit Im rovements - Cit Hall 40,000 Total General Government Buildings 40,000 IS Fund 720 Addition of Part-time Intern 13,634 Community Center Capital Building Fund 418 Appropriate funds for maintenance and utility expense for new: Gymnasium Building 75,000 Public Safety Building 50,000 Transfer to Debt Service Fund for Honev~n.~ell Improvements to Murz n Hall _. 93,640 640 218 Total Community Center Capital , Recognition/Special Events Fund 101 Increased a er, osta a and fuel costs for Cit newsletter 6,967 Total Recognition/Special Events 6,967