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September 22, 1997 Regular
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, SEPTEMBER 22,_1997 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon major~ity vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Approve Minutes of the August 25th and September 8, 1997 if completed. 2) Dedication of Funds for Ramsdell Park Dedication Picnic 3) Res. No. 97-48 Regarding Police Overtime Grant 4) 1st Rdg. Ord. No. 1358 Tagging Process 5) 1st Rdg. Ord. No. 1357 Sale of Real Estate - 572 38th Avenue 6) 1st Rdg. Ord. No. 1355 Sale of Property - 4613-15 Pierce Street 7) Audit Engagement Letter 8) Joint Meeting - Council and Park and Recreation Commission 9) Joint Meeting - Council and Library Board 10) Purchase of Security System for Murzyn Hall 11) Approval of Classification & County Sale of Certain Forfeit Land 12) CDBG Applications 13) Joint Meeting - Council and Telecommunications Commission 14) Work Session Dates and Meeting with School Board and Other Cities 15) Res. No. 97-51 Public Hearing- Modification of CBD Redevelopment Project 16) Establish Hearing Date for License Revocation - 3935 Tyler Street 17) Close Revocation Hearing - 1206 and 1407 Circle Terrace 18) Establish Date for Public Special Assessment Levy Hearing 19) Approval of License Applications 20) Approval of Payment of Bills 21) Fireworks Display 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Introduction of Newly-Hired/Promoted Employees B. Proclamation C. Chase Presentation D. Women of Today Week - September 22-28, 1997 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) 1st Rdg. Ord. No. 1349 Amending City Charter 2) Res. No. 97-49 Authorizing Execution of Sub-Grant Agreement 3) Res. No. 97-50 Authorizing Agreement with Mn/DOT 4) Res. No. 97-52 Approving Adoption of Nexv By-Laws Relief Assn. B. Bid Considerations 1) A~vard of B_id for Storm Sewer Replacement _ C. Other Business 1) Appeal of Planning and Zoning Commission 2) Additional MIS Position 3) Change Order for 44th Avenue, Project 9412 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) Planning & Zoning Commission - September 2, 1997 2) EDA Meeting - August 4, 1997 3) EDA Meeting - August 19, 1997 4) Telecommunications Commission - August 21, 1997 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT Volunteer Relief Assn. - Board of Trustees 1) Roll call/Call to order 2) Approval of Minutes - August 11, 1997 3) Approval of Resolution No. 97-53 - By-La~vs 4) Adjournment ADMINISTRATiON SEPTEMBER 10, 1997 Mayor Josoph Sturdevant Councilmernbers DonaM G. Jolly Meg Jones Gar), L. Peterson Robert ~: Ruettimann City Manager g~alter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,_September__¢2, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. CrDD/7'82-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. MOTION: Move to Adopt the Consent Agenda as follows: 1) Adopt Council Minutes Minutes from the August 25, 1997 and September 8, 1997 Council Meetings are not completed. If they are completed by Monday, they will be distributed at the Council Meeting. 2) Dedication of Funds for the Ramsdell Park Dedication Picnic MOTION: Move to dedicate $300 to the Ramsdell Park dedication picnic to be held October 8, 1997, to cover cost of hamburgers, hot dogs, buns and miscellaneous picnic supplies; funding to come from Fund 45050, Recognition/Special Events. COUNCIL MEETING AGENDA gEPTEMBER 22, 1997 PAGE 2 3) Resolution No. 97-48 Regarding Police Overtime Grant MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-48 being a resolution accepting a $30,000 community oriented policing overtime grant from the State of Minnesota, Department of Public Safety. 4) First Reading of Ordinance No. 1358 MOTION: Move to waive the first reading of Ordinance No. 1358 there being ample copies available for the public. MOTION: Move to establish the second reading of Ordinance No. 1358 being an ordinance creating an administrative offenses and tagging process for the City of Columbia Heights for Monday, October 13, 1997 at approximately 7:00 p.m. 5) First Readin.q of Ordinance No. 1357 MOTION: Move to waive the reading of Ordinance No. 1357 there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1357 being an ordinance amending Ordinance No. 853, City Code of 1977, authorizing conveyance of certain real estate located at 572 38th Avenue Northeast for October 13, 1997 at approximately 7:00 p.m. 6) First Readinq of Ordinance No. 1355 MOTION: Move to waive the reading of Ordinance No. 1355 there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1355 to correct Ordinance No. 1354 regarding the sale of property at 4613-15 Pierce Street for October 13, 1997 at approximately 7:00 p.m. 7) Audit Engagement Letter MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Tautges, Redpath & Co., Ltd. to complete the City's audit for the years of 1997 through 2000, as outlined in their letter of July 24, 1997. COUNCIL MEETING AGENDA SEPTEMBER 22, 1997 PAGE 3 8) Joint Meeting - City Council/Park and Recreation Commission MOTION: Move to meet with the Park and Recreation Commission on Wednesday, October 22, 1997 at 7:00 p.m. in the Gauvitte Room in Murzyn Hall concerning the 1998 budget. 9) Joint Meeting - City Council/Library Board MOTION: Move to set Tuesday, October 7, 1997 at 8:00 p.m. as a joint City Council and Library Board meeting for purposes of discussing the proposed 1998 Library budget. 10) Purchase of Security System for Murzyn Hall MOTION: Move to authorize staff to purchase the security system from United States Security, Inc. and Varda Alarm for John P. Murzyn Hall for the price of $3,164.50. 11) Approval of Classification & County Sale of Certain Forfeit Land MOTION: Move to approve the classification and sale of 4501 Madison Street, PIN 26 30 24 43 0012 and to authorize the City Manager to return to the Anoka County Board the completed classification and sale approval forms along with a copy of this motion. 12) CDBG Applications MOTION: Move to request staff to forward all Public Service Agency proposals for the t998 CDBG Applications for review and recommendation by the Human Services Commission. 13) Establish Joint Meeting with the Telecommunications Commission MOTION: Move to establish a special meeting of the City Council and the Telecommunications Commission for Thursday, October 16, 1997 at 7:30 p.m. 14) Establish Dates for Work Sessions and Meetinq With School Board/Other Municipalities MOTION: Move to establish September 29, 1997 at 7:00 p.m. as a work session to interview consulting engineering firms regarding storm sewer improvements. COUNCIL MEETING AGENDA SEPTEMBER 22, 1997 PAGE 4 MOTION: Move to establish September 30, 1997 at 5:30 p.m. as a joint meeting with School District #13 School Board and other municipal representatives which will be held in the School District's Board Room. MOTION: Move to schedule Council work sessions for October 6, 1997 at 7:00 p.m. and October 20, 1997 at 7:00 p.m. 15) Resolution No. 97-51 Being a Resolution Callincl for a Public Hearinq to Consider the Modification of Central Business District Redevelopment Proiect MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve Resolution No. 97-51 being a resolution calling for a public hearing on October 27, 1997 to consider the modification of Central Business District Redevelopment Project and establishment of Housing Tax Increment Financing District No. __ (a housing district). 16) Establish Hearinq Date for License Revocation for a Rental Property MOTION: Move to establish a hearing date of October 27, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the property owner Anthony Wilczek for rental property located at 3935 Tyler Street Northeast. 17) Close Hearinq on Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Kurt Lowenthal regarding rental property at 1206 and 1407 Circle Terrace in .that the provisions of the Housing Maintenance Code have been complied with. 18) Establish Date for Public Special Assessment Levy Hearing MOTION: Move to establish Monday, November 17, 1997 at 7:00 p.m. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. 19. Approval of License Applications MOTION: Move to approve the license applications as listed. 20) Approval of Payment of Bills MOTION: Move to approve payment of the bills as listed. COUNCIL MEETING AGENDA 'SEPTEMBER 22, 1997 PAGE 5 21) Fireworks Display MOTION: Move to approve the expenditure of up to $3,500 for a fireworks display on Friday, October 3, 1997 from the Heights Pride/Council Contingency Fund; and furthermore, these fireworks will be held contingent upon agreement and approval by School District #13. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Introduction of Newly-Hired/Promoted Employees Dale Sorensen, Police Officer Jennifer Bergman, Housing Coordinator Julie Wesley, FSS Coordinator Mel Collova, Building Official B. Proclamation 1) Polish-American Heritage Month Proclamation C. Chase Presentation D. Women of Today Week - September 22 - 28, 1997 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Readin.q of Ordinance No. 1349 Amending Chapter 3, Section 17 of the City Charter MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1349 for Monday, October 13, 1997 at approximately 7:00 p.m. COUNCIL MEETING AGENDA 'SEPTEMBER 22, 1997 PAGE 6 2) Resolution No. 97-49 Authorizinq Execution of Sub-Grant Aqreement MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-49 being a resolution requesting FEMA reimbursement of disaster (emergency work) and mitigation (permanent work) expenses. 3) Resolution No. 97-50 Authorizing Agreement with Mn/DOT MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve and adopt Resolution No. 97-50 and authorize Agreement No. 76694 with Mn/DOT to install emergency vehicle pre-emption and red LED signal indications at traffic control signals on T.H. 47 from 37th Avenue to 49th Avenue and on T.H. 65 at 37th Avenue as presented; and furthermore, to authorize the Mayor and City Manager to enter into the agreement. 4) Resolution No. 97-52 Approvin.q the Adoption of the New By-Laws for the Columbia Hei.qhts Fire Department, Relief Association, Volunteer Division MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-52 being a resolution of the City Council of the City of Columbia Heights approving the adoption of the new by- laws for the Columbia Heights Fire Department Relief Association, Volunteer Division. B. Bid Considerations 1) Award of Bid for Storm Sewer Replacement MOTION: Move to award the storm sewer replacement at LaBelle Park, LaBelle Pond to 42nd Avenue Northeast, Municipal Project #9716, to Penn Contracting, Inc. of Blaine, Minnesota, based upon their Iow, qualified responsible bid in the amount of $23,177.00 with funds to be appropriated from Fund 652-49499-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL MEETING AGENDA 'SEPTEMBER 22, 1997 PAGE 7 C. Other Business 1) Appeal of Planning and Zoning Commission MOTION: Move to deny the appeal request as the property is non-conforming and no sanitary sewer water exists at the structure. Recommend to staff that the building be condemned and the condemnation process begin according to the Hazardous Building Statute. 2) Additional MIS Position MOTION: Move to authorize the creation of a second MIS Coordinator position and to authorize the filling of this position. 3) Chan.qe Order for 44th Avenue, Project 9412 MOTION: Move to authorize Change Order No. 4 in the amount of $1,570.00 to Ron Kassa Contruction. 4) Fireworks Display MOTION: Move to approve the expenditure of up to $3,500 for a fireworks display on Friday, October 3, 1997 from the Heights Pride/Council Contingency Fund; and furthermore, these fireworks will be held contingent upon agreement and approval by School District #13. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Planning and Zoning Commission - September 2, 1997 2) EDA Meeting - August 4, 1997 3) EDA Meeting - August 19, 1997 4) Telecommunications Commission Meeting - August 21, 1997 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) COUNCIL MEETING AGENDA 'SEPTEMBER 22, 1997 PAGE 8 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter R. Fehst, City Manager VOLUNTEER RELIEF ASSOCIATION BOARD OF TRUSTEES MEETING SEPTEMBER 22, 1997 1. CALL TO ORDER/ROLL CALL APPROVAL OF MINUTES OF AUGUST 11, 1997 MOTION: Move to approve the minutes of the August 11, 1997 Volunteer Relief Association meeting. APPROVAL OF RESOLUTION NO. 97-53 BEING A RESOLUTION APPROVING THE ADOPTION OF THE NEW BY-LAWS FOR THE COLUMBIA HEIGHTS FIRE WF/js DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-53 being a resolution adopting new by-laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. ADJOURNMENT MOTION: Move to adjourn the Board of Trustees Meeting. CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL CAROLE BLOWERS, SECRETARY TO THE CITY MANAGER SEPTEMBER 22, 1997 CITY COUNCIL MINUTES Attached are the minutes of the August 25~ meeting, which are not approved. It is entirely up to the council to decide if they wish to approve them tonight or wait until the next council meeting. A copy of the September 8th council minutes will be provided to you as soon as I have them completed. Thank you for your patience. COLUMBIA HEIGHTS CITY COUNCIL REGULAR MEETING OF AUGUST 25, 1997 7 P.M. CITY HALL COUNCIL CHAMBER CALL TO ORDER The meeting was called to order by Mayor Joseph Sturdevant at 7 p.m. Carole Blowers was appointed Secretary Pro Tern. Cablecasting of the regular meeting commenced at this time. ROLL CALL Members present: Mayor Sturdevant, Councilmembers Jolly, Jones, Peterson, Ruettimann. PLEDGE OF ALLEGIANCE CONSENT AGENDA Motion by Councilmember Ruettimann, seconded by Councilmember Jones, to accept the consent agenda items except items g4 (Project Safety Net), #10 (Establishing Work Session Dates), //14 (Approving Payment of Bills), and #16 (Approving City Manager's Request for Attendance at ICMA Conference). See pages 2 and 3 for further information/action on these items. Adopt Council Minutes Move to adopt the minutes of the August 11, 1997, regular council meeting. School Liaison Officer Contract Move to authorize the Mayor and City Manager to approve the Joint Powers Agreement with School District #13 for the provision of a police school liaison officer as stipulated in the Joint Powers Agreement herein for the period of August 25, 1997 through May 29, 1998. Authorization to Sell, Salvage, or Dispose of City Property_ on Thursday, September 4, 1997 19love to authorize the sale, salvage, or disposal of surplus city property as indicated on the attached listing of surplus property, to include municipal units #0403- 1987 Chev Caprice, #0206 - 1984 GMC 3500 Sierra Crew Cab, and PD #56 - 1989 Chev Corsica. Final Payment for 1997 Seal Coat Project - Zone 2. Municipal Project//9701 Motion to accept the work for 1997 Seal Coat Project - Zone 2, Municipal Project #9701 and to authorize final payment of $30,517.36 to Allied Blacktop Company of Maple Grove, Minnesota. Authorization to Seek Engineering Proposals for Sullivan Lake Park Sanitary_ Sewer Improvements Move to authorize staffto solicit proposals from consultants for the design, inspection, and contract management of the Sullivan Lake Park sanitary sewer improvement. Award of Sanitary Sewer Lining, Municipal Project #9717 Move to award the Sanitary Sewer Lining, Municipal Project #9717, to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin, based upon their low, qualified, responsible bid in the amount of $23,505.00 with funds to be appropriated from Fund 652-49499-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. City Council Meeting Minutes August 25, 1997 Page 2 Award Contract for Roof Repairs and Improvements for Gauvitte, Ramsdell, and Lomianki Park Buildings Move to award the contract for roof repairs and improvements for the park buildings at Gauvitte, Lomianki, and Ramsdell (Mathaire) Parks to Milton Johnson Company, based on their low, qualified quote of $22,280.00 for all options; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same, with funding to be from the Park Capital Improvement Fund, 412- 45200. Re-Issue Rental Housine License After Revocation Move to issue a Rental Housing License to Francis Job to operate the rental property located at 4017 6th Street in that the provisions of the Housing Maintenance Code have been complied with. Maintenance Agreement - Sharp_ Copier - Recreation Department Additional information from Finance Director, Bill Elrite, regarding maintenance contracts with the City. License Revocation - Rental Property at 943 42nd Avenue Move to dose the public hearing regarding the revocation or suspension of the rental license held by John Ansorge and James Egge for rental property at 943 42nd Avenue in that the provisions of the Housing Maintenance Code have been complied with. Kielbasa Da_vs Celebration ~ 500 Club Move to authorize the 500 Club to serve beer and have live music in their parking lot of September 5th, 6th, and 7th, 1997, from 3:00 p.m. - 8:00 p.m. each day, in conjunction with their Twelfth Annual Kielbasa Days Celebration at 500 40th Avenue N.E. Approval of License Applications Move to approve the license applications as listed. Items Removed from Consent: g4 Authorization to Pay for Project Safety Net Services Motion by Bob Ruettimann, seconded by Meg Jones to deny payment to Safety Net, as there are funds available through a grant. #10 Establish Council Work Sessions There will be a Thursday, September 4th budget work session meeting at 7 p.m. The first reading of levy limits should be a public hearing. There will be a regular work session meeting on Monday, September 15th at 7 p.m. #14 Approval of Pa_vment of Bills Question was raised on diesel payment for fire truck. After clarification from Mark Winson, motion by Don Jolly, seconded by Joe Sturdevant, to approve payment of bills. City Council Meeting Minutes August 25, 1997 Page 3 #16 Approval Attendance of City Manager Walt Fehst to the ICMA Conference, September 13-17, 1997 Motion by Mayor Sturdevant, seconded by Meg Jones to table discussion of this item to the September 4th work session. Roll Call: Sturdevant: yes; Jolly: no; Jones: yes; Peterson: yes; Ruettimann: yes. Motion carded. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS - None. PUBLIC HEARINGS - None. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1354, Being an Ordinance Selling Certain Real Estate at 4613-15 Pierce Street Northeast ORDINAiNCE NO. 1354 Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Authorizing to Convey Certain Real Estate Located at 4613-15 Pierce Street N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, the real property described as follow, to wit: That part of South 60 feet of North 180 feet of Lot 15, Block 1, Sheffield Subdivision, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the attached agreement labeled "Exhibit A." Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: City Council Meeting Minutes August 25, 1997 Page 4 Mayor Joseph Sturdevant Carole Blowers, Secretary Pro Tem Motion by Councilmember Peterson, seconded by Councilmember Ruettimann, to waive the reading of Ordinance No. 1354, there being ample copies available for the public. Motion by Councilmember Peterson, seconded by Councilmember Ruettimann, to schedule the second reading of Ordinance No. 1354 for September 8, 1997. Bid Considerations - None. Councilmember Peterson wished to express thanks to the Beautification Committee for all the plantings of flowers around the city. Co Other Business 1) Appeal of Planning and Zoning Decision - Herringer 2107 N.E 37th Avenue Kenneth Anderson, Community Development Director, gave a summary of the most recent request for a coffee shop. The building has no water or sewer; it does not meet energy codes; it is a nuisance because it's been vacant since 1993; the Building Official has declared the building to be hazardous and sub-standard and has ordered the building to be razed. The Planning and Zoning Commission recommends denial. Mr. Herringer spoke and stated that it was not a coffee shop proposal. The building was a PhotoMat drop offfor 13 years. He stated that there is another such building at 53rd and Minnehaha and one in Newport. After discussion and further consideration by the council, a motion was made by Bob Ruettimann, seconded by Meg Jones to table this item, and to direct staff to find out more about the structures at 53rd and Minnehaha, and determine whether anything could be done with the building or not. Motion passed. ADMINISTRATIVE REPORTS Report of the City Manager City Manager Walt Fehst stated there was a newspaper article in the Star Tribune Saturday Metro State Section regarding the federal case with the Sheffield tenants (Cook case). Report of the Cit_v Attorney - None. GENERAL COUNCIL COMMUNICATIONS City Council Meeting Minutes August 25, 1997 Page 5 Minutes of Boards and Commissions: The following minutes from the various commissions were provided to the council: 1) Traffic Commission Meeting of August 4, 1997 2) Planning & Zoning Commission Meeting of August 5, 1997 3) Library Board Meeting of August 4, 1997 4) Park & Recreation Commission Meeting of July 23, 1997 Other: Councilmember Jones asked if the sign on 37th and Central which states no mm on red could be larger. Councilmember Peterson stated that the snow on 37th must be plowed and removed this winter, as there was only one lane of traffic passable last winter. Councilmember Jolly stated that a facilitator for the District 13 Youth Initiative Committee may have been found. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Mr. And Mrs. Mike Teske, 1280 52nd Avenue N.E., approached the podium to discuss the water problem in their basement from summer storms on July 1st and July 11th. The City of Fridley has been assessing the problem, as the property is on the Fridley-Columbia Heights border. After reviewing the situation, they are suggesting a ten inch pipe through an easement on the property. The City of Fridley would like permission and assistance with funding to get this done. Councilmember Ruettimann stated that the previous owners had problems at this property as well; that the water drains that way naturally; and perhaps a berm and pipe are needed. The Teske's provided the City Engineer with a videotape of damage. Mr. Winson, City Engineer, stated that there is a thirty- six inch pipe there now. He will review the tape and the situation with the Teskes to come up with a plan of action. RECESS TO EXECUTIVE SESSION Motion by Mayor Sturdevant, seconded by Bob Ruettimann, to recess the regular council meeting at 8:07 p.m. to an Executive Session to discuss negotiations regarding litigation with Kraus-Anderson for the Top Valu Liquor Store, and to appoint Carole Blowers as Recording Secretary to keep a written report of the same; and to discuss wage proposals for volunteer (paid on call) firefighters, and to appoint Linda Magee as Recording Secretary to keep a written report of the same. Motion passed unanimously. RECONVENE REGULAR COUNCIL MEETING Motion by Mayor Sturdevant, seconded by Councilmember Ruettimann to reconvene the regular council meeting at 9:08 p.m. from the Executive Session which was called to discuss litigation with Top Store with a written kept by Carole Blowers. was with a written ~ort being kept by Linda Recordin Motion ~. City Council Meeting Minutes August 25, 1997 Page 6 ADJOURNMENT Motion by Mayor Smrdevant, seconded by Councilmember Ruettimann, to adjourn the regular council meeting at 9:08 p.m. Respectfully submitted, : I' Secretary Pro Tem No.AGENDA SE/~ON: Consent ITEM: Dedication of Funds for the Ramsdell NO. Park Dedication Picnic q, ~ -, a~ CITY CQUNCIL LETTER Meetin~ of September 22, 1997 ORIGINATING DEPARTMENT POLICE I CITY MANAGER APPROVAL: BY: Thomas M. Johnson (~ I BY: DATE: September 17, 1997 DATE: The new park sign is now complete and we have set the date for the Ramsdell Park dedication for October 8, 1997, at 5:30 P.M. We need the Council to dedicate some funds to this event in order to cover the cost of burgers, hot dogs, buns, condiments, paper plates, etc. From past experience with our neighborhood picnics, we feel about $300 should cover the costs. I was advised by the Finance Director that these dollars would be available from fund 45050, Recognition/Special Events. RECOMMENDED MOTION: To dedicate $300 to the Ramsdell Park dedication picnic to be held October 8, 1997, to cover the cost of hamburgers, hot dogs, buns, and miscellaneous picnic supplies; funding to come from fund 45050, Recognition/Special Events. TMJ:mld 97408 COUNCIL ACTION: AGENDA SECTION: NO. 4 ITEM: NO. Consent Resolution Accepting Community Oriented Policing Grant from State of Minnesota ~ -~-J CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson /~ DATE: September 17, 1997 Meetin, g of September 22, 1997 CITY MANAGER APPROVAL: For the second year the Police Department has been successful in securing a $30,000 overtime grant from the State of Minnesota. We have some excellent plans for this money, including traffic details, theft from auto and theft of auto details, curfew sweeps, etc. The attached resolution must be passed by the Council in order to move ahead with this grant. There is no local match for the grant. RECOMMENDED MOTION: Move to waive the reading of Resolution 9748, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 9748, being a resolution accepting a $30,000 community oriented policing overtime grant from the State of Minnesota, Department of Public Safety. TMJ:mld 97409 Attachment COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS RESOLUTION # 97-48 WHEREAS, the Columbia Heights Police Department made application to the State of Minnesota Department of Public Safety for a grant for community oriented policing activities in order to pay overtime to perform these activities, and; WHEREAS, the Columbia Heights Police Department has been successful in obtaining this grant for the period November 1, 1997, to November 1, 1998; THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing Grant for Overtime for the period from November 1, 1997, to November 1, 1998; and that the City Manager and Mayor are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Columbia Heights. Passedthis 22nd dayof Offered by: Peterson Seconded by: Jones RollCalh A11 ayes September ., 19 97. Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER [ AGENDA SECTION: Consent NO. q ITEM:Administrative Offenses~ ,, Or nanc mo. 3S8 ORIGINATINGPOLICE DEPARTMENT /" ! I September 17, 19~ BY: DATE: Meetin~ of September 22, 1997 APPROVAL: ~ e - DATE: At the September 15, 1997, Council work session, the City Council reviewed a draft of the attached ordinance creating an administrative tag system for our city. This is a system where we will issue a local tag for all code (ordinance) violations in the city. This system is being used by many communities in the metro area, including Coon Rapids and Spring Lake Park in our county. This allows a person tagged for offenses such as overtime parking, junk vehicles, animal at large, etc., to receive an administrative tag and to pay this tag at City Hall. If the person receiving the tag fails to respond to the tag within seven (7) days, then the code violation would be processed through the Anoka County court system. We will be setting up a meeting with the City Attorney, Community Development, Finance, Fire Department, and Public Works to determine what current city ordinances should be handled with an administrative tag and to establish a suggested f'me schedule for the Council to consider. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1358, Administrative Offenses, there being ample copies available for the public. RECOMMENDED MOTION: Move to establish the second reading of Ordinance No. 1358 being an ordinance creating an administrative offenses and tagging process for the City of Columbia Heights for Monday, October 13, 1997 at approximately 7:00 p.m. TMJ:mld 97-407 Attachment COUNCIL ACTION: ORDINANCE NO. 1358 BEING AN ORDINANCE CREATING A NEW SECTION 8, CHAPTER 3, OF THE COLUMBIA HEIGHTS CITY CODE WHICH CREATES THE LOCAL ENFORCEMENT OF ADMINISTRATIVE (CODE) OFFENSES. The City of Columbia Heights does ordain: ADMINISTRATIVE OFFENSES Subd. 1 DEFINITIONS: An administrative offense is a violation of any section of this code when one performs an act prohibited or £ai[s to act when such failure is thereby prohibited, and is subject to the penalties set forth irt this code and attached schedule. Any person violating a section of this code shall be subject to the scheduled penalty, not to exceed $100 for each offense. Subd. 2 NOTICE: Any member of the Police Department and/or any other person employed by the City with authority to enforce this code shall, upon determining that there has been a violation, notify the violator, or person responsible for the violation, or in the case of a vehicular violation by attaching to said vehicle notice of the violation, said notice setting forth the nature, date, time of the violation, the name of the official issuing the notice and the amount of the scheduled initial penalty, and where applicable, any charges relating thereto. Subd. 3 PAYMENT: Once such notice is given, the person responsible for the violation shall, within seven (7) days of the time of issuance of the notice, pay full satisfaction of the stated violation scheduled to the City Finance Department. The penalty may be paid in person or by mail and payment shall be admission of the violation. Subd. 4 FAILURE TO PAY: If a violator f0il~ to pay the penalty imposed by this section, the m~tter may be processed as a code violation through the Anoka County Court system. Subd. 5 DISPOSITION OF PENALTIES: All penalties collected shall be paid over to the City Finance Department. The Finance Director or his designee may receive negotiable instruments in payment of penalties as a conditional pa_wnent and shall not be held accountable therefor. Receipt shall be issued for cash payment. Subd. 6 POWERS AND DUTIES OF FINANCE DIRECTOR: In addition to all other duties set forth in the code, the Finance Director may delegate and supervise the work of City employees implementing and administering this chapter. The Finance Director shall make and have custody of all records necessary_ and shall keep proper accounts of the proceeds received. Subd. 7 SCHEDULED PENALTIES: Penalties shall be imposed for violation of the scheduled administrative offenses according to a schedule duly established and adopted from time to time by Resolution of the City Council. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary First Reading: Second Reading: Date of Passage: CITY OF COLUMBIA HEIGHTS Meeting of: September 22, 1997 ORIGINATING DEPT.: ~ CITY MANAGER AGENDA SE ON: CONSENT NO: . Comm. Devel. Dept. APPROVAL ITEM: 0RD,NANCE NO 1357 ~ ,~ BY: Tina Goodro~ BY.~/~//~~ NO: ~ ,~ DATE: Sept. 17, At the worksession meeting held September 15, 1997 City Council reviewed the proposal, from Quality Checked Construction, of $19,000 for the purchase of 572 38th Avenue N.E. This proposal amount is $400 less than assessed value. Quality Checked Construction, Inco plans to construct a 1,020 square foot home with a double attached garage. The floor area requirements appear to be met by this proposal. Included with this City Council letter is a copy of the Sale and Development agreement that will be used, proposal letter from Quality Checked Construction, and the Ordinance necessary to sell property. RECOMMENDED MOTION: Move to waive the first reading of Ordinance #1357 being an ordinance amending Ordinance #853, City Code of 1977, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance ~1357 for October 13, 1997. COUNCIL ACTION: \bt\letter\council Quality Checked Construction, Inc. '!6300 Makah Street NW Andover, Nin 55304 42'1-5221 To Ken Anderson, We propose to purchase the lot at 572 38th AV. NE for $19,000. This will be for an owner occupied client. We under-stand that the City of Columbia Heights will guarantee that the lot will be buildable for a five coarse basement. If the city requires a drive cut in the curb, they will be responsible for related fees. The city will guarantee the sewer and water connections will be to property line and not in the street. Taxes on the lot will be prorated and on the lot only. We understand the terms are $1000.00 down and the balance due at the closing to the third party. The plan is to start construction as soon as the city approves this and all necessary papers are filed. The house plan is to be a split foyer 1020 sq. f. home with double attached garage. Plan number 2BSE83222. We use 2x6 walls, all oak woodwork, and custom cabinets. The exterior will have vinyl siding and raised panel steel garage door. Thank-you for your consideration. Sincerely, /?_ Michael L. Vagle Cres. ORDINANCE NO. 1357 'Being an ordinance amending Ordinance No. 853, City Code of 1977, Authorizing to convey certain real estate located at 572 38e Avenue NE The City bf Columbia Heights does ordain: Section 1' The City of Columbia Heights may convey unto Quality Checked Construction, the real property described as follows, to wit: That part of Lot 10 lying West of the East 23.3 feet thereof, all of Lot 11, and the East 11.6 feet of Lot 12, all in Block 89, Columbia Heights Annex to Minneapolis, MN. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the attached agreement labeled "Exhibit A." Section 3' This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Smrdevant Jo-Anne Student, Council Secretary SALE AND DEVELOPMENT AGREEMENT RELATING TO 5?2 38th Avenue N.E. BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS ~D Quality Checked Construction, Inc. SALE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by and between the City of Columbia Heights (hereinafter called the "City"), and Quality Checked Construction, Inc. (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The Property. The City now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Project. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the City for review and approval prior to the issuance of any building permits on the property by the City of Columbia Heights. Section 2. Sale/Purchase of Property. 2.01. Sale. The City agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the city for the purchase price of $ 19,000 Developer shall begin construction of the home within eighteen (18) months of the date of execution of this Agreement and shall complete construction within thirty (30) months from said start date, at which time the City will convey fee title to the property by Quit Claim Deed to Developer. Section 3. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that: 3.01 Compliance. The Developer will comply with and duly and promptly perform ali. of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. Section 4. Developer's Undertakings. 4.01 New Constructiono Developer shall be solely responsi- ble for the construction, marketing and sale of the single family home on the Property. The minimum selling price (or estimated market value if homesteaded and not sold) of said home shall be $85,000.00. . 4.02 Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plan and front elevation of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03 Fees and Charges. The Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the city of Columbia Heights with respect to the Property. Upon conveyance of the Property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04 Existing Improvements. The Developer will be responsible for removing any existing structure, foundation and debris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the City. The Property is currently vacant of any structure(s). Section 5. City Undertakings. · Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may take one or more of the following actions: a. suspend performance under this Agreement; be terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; retain bidder guarantee submitted as cash, cashier's check, or money order in the amount of $1,000.00. Section 7. Notices. '"'All notices hereunder shall be in writing' and either delivered personally or mailed by~ certified mail, postage. prepaid, addressed to the parties at the following addresses: City City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 Developer IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Its: Mayor By: Its: City Manager By: Developer STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. On this day of , 1997, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, the Mayor of Columbia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his/her free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ss. On this day of , 199~, before me, a Notary Public within and for said County, appeared to me personally known, who, _being by me duly sworn, did say that he is named in the foregoing instrument, the City Manager of the City of Columbia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ss. On this ~day of , 1997, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instruments and that this instrument was signed as his/her free act and deed. Notary Public bt/tinag CITY OF COLUMBIA HEIGHTS Meeting of: September 22, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT. : CITY MANAGER NO: ~ Comm. Devel. Dept. /~ APPROVALr ~ ITEM: 1 st Rd g, 0rd, No. ] 355 BY: T ina Go odroa~_~ BY:/./~/~//~' NO: ' ~' ~'6 DATE: Sept. 17, 19~ At the Council Meeting on September 8, 1997 the second reading of Ordinance ~1354 regarding the sale of the 4613-15 Pierce Street N.E. to Quality Checked Construction was approved. Since that meeting staff has identified a mistake that was made in the language of the Ordinance. It appears that the full and complete legal description of 4613-15 Pierce Street N.E. was not included, only about half of the description. The revised Ordinance ~1355 corrects this error and the full legal description has been included. This correction does not change the intent of the ordinance. RECOMMENDED MOTION: Move to waive the first reading of Ordinance ~1355 being an ordinance amending Ordinance #853, city Code of 1997, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance ~1355 for October 13, 1997. COUNCIL ACTION: \bt\letter\council oRDINANCE NO 1354 Being an ordinance amendin~ Ordinance No. 853, City Code of 1977, Authorizing to convey certain real estate located at 4613-15 Pierce Street N.B. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Const- ruction, the rea]. property described as follow, to wit: That part of South 60 feet of North 180 feet of Lot 15, Block 1, Shef- field Subdivision, Anoka County, Minnesota. Section 2: Section 3: The Mayor and City Manager are here- with authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions spec- ified in the attached agreement labeled "Exhibit A." This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary SALE AND DEVELOPMENT AGREEMENT RELATING TO 4613 Pierce Street N.E. BY ~ND BETWEEN THE CITY OF COLUMBI]% HEIGHTS AND Quality Checked Construction, Inc. SALE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 15th day of September , 1997, by and between the City of Columbia Heights (hereinafter called the "City"), and Quality Checked Construction, Inc. (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The Property. The City now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Project. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the city for review and approval prior to the issuance of any building permits on the property by the City of Columbia Heights. Section 2. Sale,Purchase of Property. 2.01. Sale. The City agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the City for the purchase price of $ 18,200 . Developer shall begin construction of the home within eighteen (18) months of the date of execution of this Agreement and shall complete construction within thirty (30) months from said start date, at which time the City will convey fee title to the property by Quit Claim Deed to Developer. Section 3. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that: 3.01 Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. Section 4. Developer's Undertakings. 4.01 New Construction. Developer shall be solely responsi- ble for the construction, marketing and sale of the single family home on the Property. The minimum selling price (or estimated market value if homesteaded and not sold) of said home shall be $85,000.00. · 4.02 Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plan and front elevation of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03 Fees and Charges. The Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City of Columbia Heights with respect to the Property. Upon conveyance of the Property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04 Existing Improvements. The Developer will be responsible for removing any existing structure, foundation and debris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the City. The Property is currently vacant of any structure(s). Section 5. City Undertakings. · Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may take one or more of the following actions: a. suspend performance under this Agreement; bo terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; Co retain bidder guarantee submitted as cash, cashier's check, or money order in the amount of $1,000.00. sect&on 72 Not&ces. All notices hereunder shall be in ~iting .and either delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at the following addresses: City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 Developer IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Its: Mayor By: Its: City Manager By: Developer STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this day of , 1997, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, the Mayor of Columbia Heights, a body corpOrate and politic under the laws of the State of Minnesota, and that this instrument was signed as his/her free act and deed. Notary Public STATE OF MINNESOTA ) COUNTY OF ANOKA ) On this day of , 1997, before me, a Notary Public within and for said County,. appeared to me personally known, who, being by me duly sworn, did say that he is named in the foregoing instrument, the City Manager of the City of Columbia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary-Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ss. On this day of , 1997, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, and that this instrument was signed as his/her free act and deed. Notary Public bt/tinag ORDIN,4J~CE NO. '13~5 Being an ordinance amending Ordinance No..853, City Code of 1977, Authorizing to convey certain real estate located at 4613-15 Pierce Street N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, the real property described as follows, to wit: That part of the South 60 feet of the North 180 feet of Lot Fifteen (15), lying East ' of the West 95 feet thereof, also the South 60 feet of the North 180 feet of Lot Sixteen (16), all in Block One (1), Sheffield's Subdivision, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the attached agreement labeled "Exhibit A." Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: 9-22-97 10-13-97 10-13-97 Offered by: Jones Seconded by: Peterson Roll Call: A11 ayes viay0~os~ph Sturdev-ant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER MEETING OF: SEPTEMBER 22, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO.: 4,~ C0t,ISENT FINANCE APPROVAL NO.: ~-/~'/~ datE: 9/11/97 In 1992 staff prepared a request for proposals for auditing services for three-years with the option of extending it for an additional two years. The firm of Tautges, Redpath & Co. had the best proposal and was the best overall economic value for the City. They have performed the City's audit for the last five years, and their level of service has been very good; they are constantly available during the year to aid staff when assistance is needed, and provide quality update information at no additional charge. Based on this, it is staff's recommendation we accept their proposal to extend the current agreement for an additional four years. The attached letter from tautges, Redpath & Co. shows their costs for the three previous years, and their proposed costs for a four-year extension. As you can see from the three previous years, there was a reduction in costs for 1995. The proposed extension of the contract has a very minimal cost increase for the City audit: there is an increase from $22,800 for 1996 to $23,500 in 1997, or an increase of $800. The more significant increase is in the area of the EDA. Due to the notable increase in federal programs in the EDA, primarily in the area of Section 8 housing, the auditors are required to perform a more in-depth federal compliance audit, which results in a more significant cost increase from the 1996 audit. This, however, is offset by the additional administration revenue being received by the EDA. As was presented to the City Council by Ken Anderson when the Council agreed to undertake the additional administration of the metro Section 8 program, there was a significant increase in administrative costs. This increase is designed to cover the additional program administration, accounting and auditing fees. Subsequently, the increased audit costs do not have a negative effect on the City or EDA. Based on the service provided by Tautges, Redpath & Co. in previous years and on the minimal cost increase, it is staff's recommendation to extend their contract for an additional four years. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Tautges, Redpath & Co., Ltd. to complete the City's audit for the years of 1997 through 2000, as outlined in their letter of July 24, 1997. WE:dn 97O9113 Attachment:' Letter from Tautges, Redpath & Co., '//24/97 COUNCIL ACTION: ~/24, ]99'7 W'dliam FJrite, Fmm~ Director City of'Colunbh I-Ie/slm 590 40th Ave=2¢ ~ Columb~ ~ Mlq 55421 Dear Bill: These contracts are similar to the previous contr~=ts. Section I ofthe contract defines the scope of~ to be provided. Section III rehtm to fees for our ~'vices. The following ~hedule is ofprior year fee~: Coniract Amount Fees Unb21ed Year City ~DA To~al Incurred Fees 1994 1~21,04~ $$,9~0 1F26,995 ~37,852 $10,8~7 199.5 ~2,000 4,000 26,000 30,289 4,289 1996 :22,800 4,200 27,000 32,817 .5,817 staffeffog. Additionally, the majority ofthese additional unl~cd fees have been retated to EDA Year Cit,/ t/DA Total lYF7 ~23,500 $6,500 ~0,000 l!~28 24,200 6,800 31,000 1999 24,900 ?,100 32,000 2000 25,700 7,400 33,100 unexpected cL, cun~ces will not b~ ~. The above fees also amicipate ~he same level ofaclivity u in 1996. We ~re proposi~ a four :r~ar ea&asement. The proposed c~um..~e in the luly 24, 1997 our ~ whh Upon approval ofthis agrean~ by your council, p~ ~ one co~ to our office md retain the other copy for your files. If you have any quest/OhS, please do nat he~tate to call. TAUTGES, REDPATH & CO., LTD. David ~. Mol, CPA CITY COLrNCIL LETTER Meeting of: September 22, 1997 AGENDA SECTION: C 0 N S E N T ORIGINATING DEPT.: CITY MANAGER NO: ~ Recreation,. ~,. ~ APPROVAL NO: Park & Recreation Commission DATE:September 17, 1997 In the past, the Park and Recreation Commission has met with the City Council in September concerning the next year's budget. This month several people are unable to make the September meeting. I would ask the City Council if they could meet with the Park and Recreation Commission at their meeting of Wednesday, ,~,tmma-b~r 22, 1997 at 7:00 p.m. in the Ganvitte Room. RECOMMENDED MOTION: Move to meet with the Park and Recreation Commission on Wednesday, October 2L 1997 at 7:00 p.m. in the Gauvitte Room at Murzyn Hall concerning the 1998 budget. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 22, 1997 IAGENDA SECTION: I ORIGINATING DEPARTMENT: I CITY MANAGER I I NO.: I LIBRkR¥ I ~ CONSENT I APPROVAL I I ITE~: I BY: ~. Rebecca Loader ~ ,NO.:, request for joint meeting of CitYcouncil and Library Board ,.~-*'1DATE: Sept' 16' 1997 I ::;E:~A~/ I The Library Board of Trustees would like to request a joint meeting with the City Council on Tuesday, October 7,. 1997, at 8:00 p.m. at the Library for the purposes of discussing the proposed 1998 Library budget. RECOMMENDED MOTION: Move to set Tuesday, October 7, 1997, at 8:00 p.m. as joint City Council and Library Board meeting for purposes of discussing the proposed 1998 Library budget. COUNCIL ACTION: I I I CITy COUNCIL LETTER Meeting of: September 22, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: l~/ Recreation APPROVAL ITEM: PURCHASE OF SECURITY SYSTEM FOR BY: Keith Windschitl,~Reareation MURZYN HALL Director NO: ~" ~ '"~ DATE: 9/12/97 At the July 23, 1997 meeting of the Park and Recreation Commission, members recommended the purchase and installation of a security system at Murzyn Hall. This is a non-budgeted item, but is needed due to several burglaries of Murzyn Hall within the past year. At the July 28, 1997 meeting of the City Council, staff received authorization to seek bids for the purchase and installation of a security system at Murzyn Hall. The Recreation Department has received five quotes on different security systems for Murzyn Hall. At the August 27, 1997 meeting of the Park and Recreation Commission, members directed staff to examine the bids with input from the police department as to which would be the best system for our needs. Staff determined that three of the bids (Honeywell, ADT, and Floyd's Security) were proprietary systems which requires any future equipment purchases must have their exclusive label. The two other bids (United States Security and Capt. Leonard Olson's bid) are generic systems that are adaptable to future improvements. After City and Recreation staff reviewed all the quotes, we have selected the quote from United States Security, Inc. for a purchase price of $1,384.50. United States Security, Inc. is the same security company the City has purchased a security system from for one of the City liquor stores. This equipment will give us the capability to add more equipment in the future at the most reasonable price with competitive bidding. We also need to order the Varda monitoring system which connects the security system to the Columbia Heights Police squad cars. When the Varda alarm is tripped by an intruder, a pre-recorded voice message is broadcast directly to police squads. Its effect is to move police officers to the scene of the crime, while the crime is occurring, greatly increasing the odds of apprehending the criminal at the scene. This allows our police department to respond immediately to any break-in's without the delay of going through a dispatch center. The Varda system can only be purchased through a police department. This item would be ordered by Capt. Olson. The Varda system price is $1,780.00. The total cost of the entire system is $3,164.50. This purchase would come out of the Murzyn Hall general supply fund, 101-45129-2171. RECOMMENDED MOTION: Move to authorize staff to purchase the security system from United States Security, Inc. and Varda alarm for John P. Murzyn Hall for the price of $3,164.50. COUNCIL ACTION: ALARM UN1T D STATI[ S SECURITY INC. 100~.~ BROOKSIDE AVE. ,~:D. BLOOMINGTON MN 55437 TEL: {612) 881-1323 FAX: (612) 881-1309 9/~/97 czr~ o~ cour~.~ ~s. Recreation 530 Mill Stree~ Columbia Hgts. ALien: Mr. Kei.th Wlndshitl 1) FURNISMANDjINSTALL 8 I.R. detectors and one keypad per drawings 3) Material $785.00 Tax 31.85 Let~,r 468.00 ~F, TO ~ .LPHA KWfPAD ~DE TO 16 ZONE PANEL ADD INSIDE MORN Add $50.00 No monitoring Tk~n [,63 36.0O * Unable ~o v~ew.,Job VA/iDA COMPANY 2~OLIIIces: ~ 1 /??7 The NEW GEN-ERATION and a NEW STANDARD in radio stakeout alarms. Digital Voice A new solid state distal recorder is now available which will: Update old alarm technology to Lhe 90's and the standard of the future. A/low subzero operation. Provide solid state dependability. Mliminate all tape recorder problems. prOvide improved recorded voice quality. Allow.all old alarms to be upgraded to digital voice for $200.00 installed. Insure that the message always starts at the beginning just as recorded. Now for the fu'st tlme, Varda alarms will be equipped with a completely dependable solid state recorder. Now when a message is recorded, it is stated only one ~me. No need to repeat messages during recording. When the message is played back, it will always start at the beginning and will repeat automatically for 18 seconds and turn off automatically. Voice quality is improved and cold weathe:r operation is assured. The voice is your voice as you recorded it in the field. The messages are not "~nned". No separate external programmer is required. To make a recording, just push a button and say the message one iirne. That is ail. Its simple, sure and quick. Worried about the new recorder running down the battery? Forget it: The new solid state recorder consumes no current in the standby condition. Varda Company-272.9 Alta Vista Drive-Bakersfield, Ca. 93305 Phone 805 323-1703 - Fax 805 323-1761 · [t can cost S300,000.00 per year to hire men to do [he work of a single Varda portable stakeout machine. · When Varda is on [he job, officers can be released for other duty. ..~~ · Varda radio stakeout can save [he costs of investigations -~ '~' '- ~ by catching the criminal at [he scene of the crime. ~~ · Court costs are saved when a criminal is caught at the scene and must plead guilty on arraignment. VARDA RADIO STAKEOUT PROVIDES WORLD'S FASTEST RESPONSE Installed quickly in a stakeout area by an officer, this machine, when tripped by an intruder or victim, will broadcast a prerecorded voice message (andYor distal readout message) directly to police vehicles, beatrnen and station. Its effect is to move the police department to the scene of the crime, whi!e the crime is occurring, g'reatty increasing the odds of apprehending the criminal at the scene. Nothing can ever be faster. Messages are sent at the speed of light. A voice message is heard and understood by the officer who responds instantly. OTHER IMPORTANT FEATURES LYCLUDE: - R~A. NGE L"P TO 30 MILES · ,TI~NSM2TS ON POLICE FREQL?__NCIES - PORTABLE - INST,~LLS IN M!NL%TES - SELF CONTAINED - BATTERY OPS-R. AT=~D MAAqZ TRIP DEVICES A VAIL4BLE: Body heat sensor detects body heat to 60 feet and radios to 200 feet to trip main alarm. Bait money transmitter for cash drawer. Pocket panic transmitter or necklace transmitter for robbem/and rape cases. ~ Varda ' s Guarantee: NEWEST FEATURE - SOLID STATE DIGITAL VOICE RECORDER OPTIONAL DIGITAL RF-~-DOLrr R.ECEiVEP- OPTIONAL PRiVATE LI.Nq5 TON'ES OPTIONAL 10 CHeMNNrEL SELECTOR SWITCH ENWRY - EXIT DELAY SELECTOR Tilt transmitter tbr computer type [hefts.. General use transmitter used with mats, remote trip lines, magnetic contacts, airwave switches em. AC line carriers use AC wiring to trip from remote rooms or buildings. Midrange transmitters extend trip range up to a mile, 20 years since 1968, Verde Company has extended a one year parts and labor guarantee on all items except batteries which are limited to 60 days. Return warranty items prepaid to factory. You may try before you buy. Verde has always offered a 30 day free trial to most customers. The customer is held harmless if the free trial equipment is lost. Help is as near as your phone 24 hours a day. We help our customers[ FactoO' Service: Fast. economical, expert sen'ice providing latest modifications a.nd genuine factory, parts. VARDA COMPANY - 2729 Alta Vista Drive - Bakersfield. Ca. 93305 - Ph. 805 323-1703 ~31D SHEET PRICES MAY BE CIIANGED WITIIOUT NOTICE. gM KIT SETS: Include Alarm. Accessories and Trips. 8G ANT-1 Short Antenna ,zge Kit: Alarm & Trips $3060.00 8H ANT-2 Long Antenna Medium Kit: Alarm & Trips $2632.50 8I Kit M-ICh 1 Channel Kit .~ Robbery Kit: Alarm & Trips $2005,50 8J Kit M-4Ch 4 Channel Kit IC Burglary Kit: Alarm &Trips $1864.S0 ALARMS ONLY: Includes antenna, R~ tripli,.5~ 2 Alarm only: Specify frequenc~,,~g5 ALARA4 OPTIONS: TONES, CRYSTAL~SrC-~.ELS: PARTS: . 3 T-I Tone (Specify Frequency). (--~$_SilX) 3A T-5 Tone Encoder $125.00 3B 3C , 3D 3E 3F 3G 3H ... 3I T-B Tone Burst Encoder $ 85.00 T-D Digital Tone. Specify Code. $175.00 DE ANI Tone Encoder $ 290.00 DR ANI Readout $1130.00 ANI Zone Jacks (6 maximum) ea$ 30.00 Crystal or extra channel $ 20.00 OS-3 Extra channels-Sl50BE (3) $ 88.00 OS-12 Extra channels" (12) $176.00 ANTENNAS, BRACKETS, COAX CABLE, ANTENNA PARTS: 4 A-l/4antenna, 150 or 450 MHz $ 12.00 4A 4B 4C 4D _ 4E 4F 4G 4H A-I High Gain Antenna 150 $ 49.50 A-2 High Gain Antenna 450 $ ,19.50 A-lC Covert Auto Antenna $ i 17.00 Bracket Kit for A-1 or A-2 Ant. $ 10.(Y0 BSA-K: Base Station Kit No Ant. $ 40.00 MM Magnetic Mount - no Ant. $ 45.00 RA Right Angle Connector $ 3.50 RG58 Coax & bracket. No Ant. $ 28.50 ALARM OPTIONS AND ALARM PARTS: 5 B-I Battery-14v, 2 ah for alarms $ 50.00 5A AC External Power Supply $ 93.00 5B, DC__E_x,te_r_na RADIO TRIP DEVICES - MIDRANGE (I-2 MILES): 8 MRI00HT Pocket Tx $177.72 8A 8B 8C 8D 8E 8F MRI00TX Alarm Tx-ICh $158.72 MR400TX Alarm Tx-ICh $141.74 MR100RX Alarm Rx-lCh $168.02 MR400RX Alarm t:Lx-4Ch $16,4.04 90 Degree RF Connector $ 11.20 180 Degree RF Connector $ i 1.20 $ 16.60 $ 32.75 .. $382.34 $ 338.38 HARD WIRED TRIP DEVICE~ AND DETECTORS: 9 TD Thermal Detector _. 9A PD Proximity Detector 9B AW Airwave Switch & Tube 9C WB Window Bug Detector __ 9D MS Magnetic Switch 9E PB Pull Block (Remote tripline) 9F MMS Mini Magnedc Switch 9(3 SD Sound Discriminator $159.00 $ 295.00 $ 58.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 58.00 HARD WIRED TRIP DEVICES: MATS, TAPESWITCHES, ETC.: 10 PE-3O Mat (Rolls up to carry) $ 45.00 10A RM Small Rug Mat 24x36" $ 50.00 10B RM Large Rug Mat 30x36" $ 58.00 10C UC Under Carpet Mat $ 45.00 10D CVP 623 Stair Mat 6x23" $ 20.00 10E NC-3 Wafer Switch (Closed) $ 15.00 10F NO-1 Wafer Switch (Open) $ 15.tX) 10G BPI21 Tapeswitch (1 Foot) S 15.00 10H 111 Footswitch $ 15.00 MISCELLANEOUS ITEMS AND MANUALS: 11 TP-2 Double Sided Tape $ 3.5(1 ! IA Transformer 12V Wall $ 10.tX) ! ! B Trip Tabs for Tripline $ 0.15 I lC Trip Linc and Tab $ 2.00 1 ID Y Connector (for more jacks) $ 6.50 ! I E TM Training Manual $ 4.50 ! lF SMM Shop Maint. Manual $ 35.00 BY: .PH.: SHIP TO: STR F:-ET ADDRESS: CITY/STATE,,ZIP: VARDA'S GUARANTEE: 25 YEARS, SINCE 1968, Varda Company has extended to police agenci~ a one year parts and labor warranty against factory defects on all items sold except batteries which have a 60 day warranty. The same one year warranty applies today. For warranty service, ship alarms prepaid to: VARDA COMPANY, 2729 ALTA VISTA DR., BAKERSFIELD, CA. 9330~. Pit. 80S 323-1703. .CITY COUNCIL LETTER Meeting of' September 22, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER ~ CITY MANAGER APPROVAL NO: ITEM: APPROVAL OF CLASSIFICATION& BY: JANE GLEASON COUNTY SALE OF CERTAIN FORFEIT LAND DATE: 8/29/97 NO: Anoka County has classified the following parcel as forfeit land and are requesting a copy of the motion by the City Council to approve the classification and sale: 36 30 24 43 0012 4501 Madison Street - a parcel of vacant land with a driveway easement over the North 12 feet in favor of the adjacent property to the East. This is a corner lot and to meet all the set backs and the required square footage of a house, along with the easement over the north would be very difficult. The City has no interest in this parcel. RECOMMENDED MOTION: Move to approve the classification and sale of 4501 Madison Street, PIN 26 30 24-43-0012 and to authorize the City Manager to return to the Anoka County Board the completed classification and sale approval forms along with a copy of this motion. COUNCIL ACTION: RECOMMENDED MOTION UNANIMOUSLY APPROVED BY CITY COUNCIL AT THE SEPTEMBER 22, 1997 REGULAR COUNCIL MEETING CERTIFICATION: I hereby certify that the aforementioned motion is a true and correct copy of the motion approved by the Columbia Heights City Council on September 22, 1997. William Elrite, City Clerk County~for4501M COUNTY OF ANOKA Office of Governmental Services Division GOVERNMENT CENTER 2100 3rd Avenue. Anoka, Minnesota 55303-2489 (612) 323-5680 GENE RAFFERTY Land Commissioner Direct #323-5427 August 19, 1997 ~, Mr. Walter Fehst Manager, City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421 Dear Walter: Re: Approval of Classification and Sale of Forfeit Land - CL98 Exhibits X, Y & Z Enclosed you should find the following: A. Resolution #97-126 dated August 12, 1997, classifying certain forfeit lands in Anoka County. A classification and sale approval form listing the lands classified in Resolution 97-126 that lie within your jurisdiction, which is to be si,qned, sealed and returned to us alonq with a copy of the motion or resolution of your ,qoverninq body approvin,q the classification and sale. Co A form for the forfeit parcels shown on the list of forfeit lands in your jurisdiction to help us analyze and appraise the parcel. We ask that you complete and return these forms to us. Do A verification of special assessments form which is to be completed, signed, sealed and returned to us. Chapter 282.01, Subdivision 1, of the Minnesota Statutes requires that the Town Board or governing body of a municipality must approve the classification and sale of forfeit parcels that lie within their jurisdiction. If disapproval of any pamel is not made within 90 days from the date of this letter, it is deemed that the Town Board or governing body has approved the classification and sale. If the Town Board or governing body desires to acquire any parcel lying within the boundaries of the municipality, it shall, within 90 days of the request for classification and sale approval, file a written application with the County Board to withhold the parcel from sale. The County Board will then withhold the parcel from sale for one year. FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDD/'CI'Y: 323-5289 August 19, 1997 Page 2 All parcels on the list are still within the repurchase period. If you desire to acquire any parcels still within the repurchase period, you can file an application which can be acted upon at the appropriate time, assuming the County Board does not allow repurchase of the parcel. We would like to have all the forms and pape~vork returned to us by Friday, November 7, 1997. We appreciate your help and understanding in getting this project put together. If you have any questions, please do not hesitate to call me. Yours very truly, GR:si Enclosures CC: Gene Ra ' Anoka County Land Commissioner Commissioner Dennis Berg Jay McLinden, County Administrator Tom Durand, Division Manager, Governmental Services RF..~O~ ~-1~ P&ge 2 IRATE OF ~O~NTy o~r ANOKA ) I, John. 'Jay" McLinden, County Adm~le~m~-, Ar',olm ¢~-"W, M;nnee,:,~ hem~y Augu~ 4cLJNDEN COUNTY ADt41~STRATOR YES DISTt=IICI' #7 - El=~-~J=rr X NO REPORT= FORFTCRPT GENERATED= CLASSIFICATION 7 APR 97 15:36 RUN= SUBDIVISION SEC/LOT TWP/BLOCK RANGE APPRAISED VALUE OF LAND GILLETTES ANNEX TO COL HGT8 3. 26 30 24 43 0012 KEY 268285 THE W1/2 OF LOT 4 BLK 1 GILLETTES ANNEX TO COL HGTS, EX N 86 FT THEREOF, ALSO EX E 60 FT THEREOF, SUBJ TO EASE OF REC 4 Driveway easement over North 12 feet in favor of the East 60 feet of said Lot. State of Minnesota County of Anoka State of Minnesota The foregoing classification of land;s above described lying within the boundaries of the CITY OF COLUMBIA HEIGHTS in said Countw and State is hereby approved. Dated , 19.___ The CITY COUNCIL Attest= of the DITY OF COLUMBIA HEIGHT8 BY_ [CLERK] [MAYOR] PAGE ' ~ ~ REPDRT: FORFTCRPT GENERATED: 7 APR 97 lS:36 RUN~ PLATTED PARCEL INFOI~ATION TO OLAS$IFY ANO APPRAISE. TAX-FOEFEIT LAND CitW of COLUHBZA HEIGHTS Parcel PIN # 26 30 24 43 0012 Descr£ption: THE W1/2 OF LOT 4 BI.K 1 GILLETTES ANNEX TO COL HGTS, EX N 86 FT THEREOF, ALSO EX E 60 FT THEREOF, SUB3 TO EASE OF REC a 12' driveway easement over the North. Geograph£c Location= 4501 MADISON STREET 41.5' X 116.7' THIS APPROXIHATELY-$C' X llg' RECTANGULAR LOT IS LOCATED ON THE NE CORNER OF 45TH AVE AND HADISON ST. REPORT~ FORFTCRPT GENERATED: ? APR 97 1~36 RUN~ PARCEL PIN# 26 30 24 43 0012 Please Complete the follow£ng £nformat£on bu answer£ng a11 appl£cable questions. 1. Is this parcel buildable or unbuildabte? buildable Has uour cit~/township adopted a local ordinance governing min£mum area, shape, frontage or accesS? Yes (If ~es, answer tb~ if no, proceed to question 5.) Does this parcel compl~ with uour local ordinances regarding min£mum area, shape, frontage or access and, because of this, can be £mproved? Zf it does not comp~, please list reason(s) for non compliance. Yes, however, may not be able to comply with floor area'and side yard set backs. (a) (b) 2. Do Uou recommend combining this parcel with an abutting forfeit parcel (if there is one)? ' 3. If wour answer to #2 is wes, indicate which parcel on the list. 4. Do ~ou recommend selling this parcel to the abutting landowner? Yes with 661-45th Avenue because they have a 12' driveway easement over the parcel. 5. What is the current zoning of the forfeit parcel? R-2 6. Are there anW buildings on the parcel? If so, what t~pe, end what is their present condition? No buildings 7. Do Wou have an appraised value on the parcel? If so, what is it? None 8. Does the citw or township want an easement over the parcel? NO 9. Anw other information Wou feel would be helpful. 10. Name and title of person who completed this questionnaire. Walter R. Fehst, City Manager Thank Wou for providing the information. Please return to: Gene Raffertw, LandCommissioner Anoka CountW Government Center 2100 3rd Avenue Anoka, HN 55303 323-5427 REPORT: FORFTCRPT ~ENERATED~ 7 APR 97 15=36 VERIFICATION OF SPECIAL ASSESSHENTS CITY OF COLUMBIA HEIGHTS PARCEL PIN# 26 30 24 43 0012 Date of Forfeiturs~ 05/15/97 Before Forfeiture Amount After Forfe£ture Amount $8,482.60 Special Assessments Not Previously Certified -o- Watershed District We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. If you need to verify the amounts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the PROPERTY RECORDS AND TAXATION DIVISION, and enter them on the line, "Special Assessments Not Previously Certified". Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL PRINCIPAL AMOUNT. MS 282.01, Subd. 3 requires improvements made after forfeiture to be considered by the County Board in sel:tin9 the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. (Seal) Clerk of Township,. Municipality or Watershed District Date CITY OF COLUMBIA HEIGHTS Meeting of: September 22, 1997 AGENDA SECTION: Consent ORIGINATING DEPT.: /~ CITY MANAGER NO: .~ Comm. Devel. Dept. //9 ~ APPROVAL ITEM: CDBG Appl|cations BY: Tina Goodro~ NO: ~-~--~ DATE: Sept. 17, Staff is beginning to work on the 1998 Community Development Block Grant (CDBG) Application which will be due in January 1998. During this process staff and City Council will determine programs and agencies that will be funded. Over the past three years Columbia Heights has administered the same or very similar CDBG programs. These include Public Service Agencies, Housing Rehabilitation, Neighborhood Revitalization and Community Revitalization. If no program changes are made to CDBG we can expect to prepare a similar application. If changes are made, to turn the process into a competitive one, the application may be very different and the City may alter what has been done in the past. If Public Service Agencies submit proposals for funding staff will forward the proposals to the Human Services Commission for review and recommendation to the City Council as was done in past years. RECOMMENDED MOTION: Request staff to forward all Public Service Agency proposals for the 1998 CDBG Application for review and recommendation by Human Services Commission. COUNCIL ACTION: \bt\letter\council CITY COD-NCIL LETTER Meeting of : September 22, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: 4 CITY MANAGE~'S._/~/~~//~,//~ APPROVAL NO: TELECOMMD-NICATIONS COMM. DATE: September 16, 1997 As you are aware, the City received notification that a purchase and sale agreement was entered into to transfer ownership and control of North Central Cable Communications Corp (dba Meredith Cable) to Charter Communications. A review of the financial, legal, and technical qualifications of Charter Communications is being undertaken by the staff in order to determine whether or not there is a reasonable basis to withhold approval. At the Telecommunications Commission meeting of Thursday, October 16, 1997, staff and the cable attorney for the City will present information as to the legal, financial, and technical qualifications of Charter Communications. Representatives of Charter Communications are planning to be in attendance at that meeting to respond to questions. The Commission will make a recommendation to the council to approve or deny the transfer. Council action to approve or deny the transfer is tentatively scheduled to be placed on the October 27, 1997 Council meeting agenda. Staff is recommending that a special meeting of the City Council and Telecommunications Commission be held on Thursday, October 16, 1997 at 7:30 pm. RECOMMENDED MOTION: Move to establish a special meeting of the City Council and Telecommunications Commission for Thursday, October 16, 1997 at 7:30 COUNCIL ACTION: CiTY COUNCIL LETTER Meeting of: September 22, 1997 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 City Manager APPROVAL ITEM: Establish Times/Dates for Council BY: J. Student BY: Works Sessions 4-A-14 DATE September 19, DATE: 1997 MOTION: Move to schedule Council work sessions for October 6, 1997 at 7:00 p.m. and October 20, 1997 at 7:00 p.m. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/22/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ COl,IS El, IT PUBLIC WORKS ITEM: CONS~TING ENG~E~G F~S ~G~G DATE: 9/17/97- : srom 4 On August 11, 1997, City Council authorized staffto seek proposals to address the problem areas of the storm sewer system which resulted in flooding. Proposals were received from eight companies. The Public Works Director and Assistant City Engineer reviewed the proposals and selected four companies to make a presentation to the City Council. The presentations are scheduled for September 29, 1997, from 7:00 P.M. to approximately 8:30 P.M. and are as follows: Bonestroo, Rosene, Anderlik & Associates Orr-Schelen-Mayeron & Associates, Inc. Rieke Carroll Muller Associates, Inc. Short Elliott Hendrickson Inc. 7:00 P.M. 7:20 P.M. 7:40 P.M. 8:00 P.M. RECOMMENDED MOTION: Move to establish September 29, 1997, 7:00 P.M., as a work session to interview consulting engineering finns regarding storm sewer improvements. KKY:jb 97-552 COUNCIL ACTION: Columbia Heights Public Schools CONSENT Independent School District #13, 1400 49th Avenue N.E., Columbia Heights, Minnesota 55421 Telephone: (612) 586-4505, FAX: (612) 586-4508 David L. Behlow, Ph.D. Superintendent TO: FRO~I: DATE: RE: Columbia Heights School Board Columbia Heights City Council Columbia Heights City Manager Ruth Dunn Fridley City Council Fridley City Manager Hilltop City Council Jan OstazeSki, School Board Chair David Behlow, Superintendent September 8, 1997 Quarterly Joint Meeting of School Board/City Councils This is just a reminder that a joint meeting of the School Board and City Councils has been scheduled for Tuesday, September 30, 1997, 5:30 p.m. in the Columbia Heights School District Board Room, 2nd floor. Box lunches wilt be provided. Please call either of us by Wednesday, September 24 with item(s) you'd like included on the agenda (Jan- 571-3740 and David 586-4501). Also, a call indicating your attendance would assist us in the lunch count. JO/kb eev" An Equal Opportunity Employer CITY OF COLUMBIA HEIGHTS Meeting of: SeDtember 22, 1997 NoAGENDA: ~CTION: CONSENT ORIGINATINGEDA DE PARTM~ APPROvALEXECUTIVE DIRECTOR~ ITEM: St. Timothy's Lutheran Church - BY: Ken Anderson'S) BY: Proposed Financing of Senior DATE: Sept. 17, 19 ~/ Housing Project ~ ,~ BACKGROUND: The City Council took action on September 8, 1997 to approve the rezoning from R-2 to R-3, the site plan, and the conditional use permit to construct the proposed 70 unit, senior housing apartments on a 2.28 acre site at St. Timothy's Lutheran Church. The developer for the facility is Nedegaard Construction Company and the owner/manager will be the nonprofit Outreach Six Acres which is affiliated with Mary T., Inc. An essential component of the financing package is the use of tax increment financing (TIF). The TIF is proposed to be used to reduce the rent per unit by approximately $100 per unit per month as per the developer/manager. The market study supported the short term need for 258 affordable, independent living units in Columbia Heights and the surrounding study area. The TIF will be important to keep the rents more affordable to area seniors. As of September 12th, HUD has not confirmed or rejected the availability of the 40 year HUD guarantee as security for financing this project. An answer is expected by September 19, 1997. The guarantee has some relevance in the project will be more attractive to investors and may result in a lower interest for the financing. If HUD imposes certain conditions on providing the guarantee, the conditions may impose additional construction costs which will affect the pro forma. However, this is mostly conjecture at this time. In any event, Mary T., Inc. as Outreach six Acres and Nedegaard Construction are willing to proceed with the project and may access other sources of funds if the guarantee is not provided. Nonetheless, the TIF is being requested in either scenario. ANALYSIS: A review of the pro forma indicates that the assumptions are not particularly conservative, but may be accurate for todays conditions. Further dialogue is necessary with the developer to determine if the service road costs, storm sewer design and construction, sidewalk, lighting, and landscaping costs have been included in the pro forma. The design was modified slightly as the plans were revised during the Planning and Zoning review process. A maintenance and replacement reserve should also be incorporated within the pro forma. The pro forma also reflects a steadily increasing debt service coverage ratio. This indicates that if the assumptions hold true, the cash flow will become increasingly excessive to cover debt service requirements (debt payments). The HUD minimum requirement is 1.18 (see year one). It is possible that the TIF Agreement be written to periodically receive financial reports from the owner/manager. If the debt service coverage ratio exceeds a predetermined level, then the full amount of TIF need not be distributed to the owner in future years. Again, the underlying concern and variable will be how to best maintain "affordable," yet competitive rental rates. Also, it will be important to evaluate the impact on rents when TIF assistance is terminated. We have asked the owner/manager to provide a brief term sheet outlining the proposed financing authority for discussion on Tuesday night. Staff will attemDt to assemble project data from similar facilities to determine the amount of TIF assistance made available in the other communities. The EDA Board and City Council may also wish to require a certain percentage of pre- leases to be executed before such time as a building permit could be issue. However, the market study this immediate are demonstrates sufficient demand for this type of housing. The project also requires Church Council and Congregation approval to sell the land for the proposed use. The Church Council has asked the City to make the necessary approvals in order that the Church may have the opportunity to decide if it wishes to sell the property. Page 2 PROPOSED PROJECT TIMETABLE: Attached is a copy of the proposed project timetable as it relates to the TIF approval process. As you can see, this timetable will schedule the final public hearing for the City Council meeting of October 27, 1997. No building permits may be issued until after this public hearing and approval is granted by the city Council. As per Mr. Nedegaard, he would like to proceed with this schedule to allow construction to start in November before frost sets in and construction costs increase. He anticipates the construction schedule which will allow for occupancy of building in August of 1998. The market study notes that lease up is easier in the spring and summer months. OPTIONS: There are four basic options available to the Board: 1) Do nothing, 2) Deny the request to use TIF pay-as-you-go financing and finance the project exclusively with other tools, 3) Approve the request to use TIF pay-as-you-go financing and recommend the City Council set a public hearing date for October 27, 1997 in accordance with the proposed "Schedule of Events", or 4) Move to table the request subject to further study and analysis for consideration at a date certain or pending a decision of HUD and/or an interested investor. This option will allow for more time to discuss and revise the pro forma if that is necessary to meet the policy objectives of the Board and City Council. Only Options 3 and 4 will afford an opportunity for a construction start this year before frost sets in and issuance of a certificate of occupancy before next fall. The EDA moved to recommend the City Council call for a public hearing on October 27, 1997. RECOMMENDED MOTION: Move to waive the first reading of Resolution __ calling for a public hearing on October 27, 1997 to consider the Modification of Central Business District Redevelopment Project and Establishment of Housing Tax Increment Financing District No. (a housing district) as ample copies are available to the public. RECOMMENDED MOTION: Move to approve Resolution__ calling for a public hearing on October 27, 1997 to consider the Modification of Central Business District Redevelopment Project and Establishment of Housing Tax Increment Financing District No. __ (a housing district). IEDA ACTION: bt/edaltr CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION 9?- ~] RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE ADOPTION OF THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PROJECTt AND THE PROPOSED TAX INCREMENT FINANCING PLAN FOR HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2 THEREIN. BE IT RESOLVED by the City Council (the "Council") for the City of Columbia Heights, Minnesota (the "City") , as follows: Section 1. Public Hearing. This Council shall meet on Monday October 27, 1997, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of the Modification to the Redevelopment Plan for the Central Business District Redevelopment Project, the proposed establishment of Housing Tax Increment Financing District No. 2, (a housing district), and the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and accordance with Minnesota Statutes, Sections 469.090 through 469.1081, inclusive, as amended, and Minnesota Statutes, Sections 469.174 through 469.179, inclusive as amended in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the Modification to the Redevelopment Plan and the Tax Increment Financing Plan (the "Plans") and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 13. The City Clerk-Treasurer is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at lease once in the official newspaper of the City not later than 10, nor more than 30, days prior to October 27, 1997, and to place a copy of the Plans on file in the City Clerk- Treasurer's office at City Hall and to make such copy available for inspection by the public. Adopted by the City Council of Columbia Heights this 3LZnd DAY OF S~p~mh~r , 1997. MOTION BY: SECONDED BY: VOTING: AYES: NAYS: Peterson Jones Jones, Jolly, Ruett[mann~ Peterson~ Sturdevant None Adopted: Attest by: Mayor Jo-Anne Student, City Council Secretary SEP 17 ~97 DB:O5PM EHLERS & ASSOCIATES p. Ex3 Ehlers and Associates, lnc, LEAOERS IN PUBLIC FINANCE SCHEDULE OF EVENTS COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND THE COLUMBIA HEIGHTS CITY COUNCIL FOR THE MODIFICATION OF CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AND THE ESTABLISHMENT OF HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2 (a housing district) As of September 17, 1997 September 16, 1997 September 21, I997 EDA requests that the City Council call for a public hearing. Letter received by County Commissionvr giving notice of potential housing tax increment financing dis~ct [County Commissioner waives 30-day notification requirement]. September 22, 1997 City Council calls for pubhc hearing on the modification of Central Business District Redcvelopmen{ Project and the establishment of Housing Tax Increment Financing District No. 2. September ?.fo, 1997 Fiscal/economic implications rece!ved by School District and County Board (at least 30 clays prior to public heating). [Sent by September 24, 1997] October 7, 1997 Planning Commission finds Plans to be in compliance with City's comprehensive plan. October 16, 1997 Date of publlcation of hearing notico and map (at least 10 days but not more than 30 days prior to hearing). [Fridley, Cohtmbia Heights and St. Anthony Focus publication deadline October 19, 1997] October 21, 1997 EDA approves the Plans. Octobe~ 27, 1997 City Council holds public hearing at 7;00 pm on the modificat/on of Central Business District Redevelopment Project and the establishment of Housing Tax Increment Financing District No.2 and passes resolution approving the Plans. [Eouncil pucket information sent by October 20, 1997] November, 1997 Ehlem certifies Plans with county and state, OFFICES tN MINNEAPOLIS, MN AND BROOKFIELD, W! 2950 Norwest Center · 90 SOuth Seventh Street. M~nneapolis, MN 55402-~,100 Telephone 612-339.8291, FAX 612-339-0854 ~]AOqd~3A/.INfll~OddOq¥flO] ,,SS~NISfl8 ~0 SI~OIA~S,, CITY COUNCIL LETTER Meeting of: S~ptember 22, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire License Revocation, Rental Properties NO: q ,- ~ "/~ DATE: September 18, 1997 DATE: f//7/~7 Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Anthony Wilczek ............................ 3935 Tyler Street RECOMMENDED MOTION: Move to Establish a Hearing Date of October 27, 1997 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above- named Property Owners Regarding their Rental Property. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of September 22, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ~ CONSENT .... Fifo APPROVAL NO: ITEM: Rental License Revocation Thc matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Kurt Lowenthal regarding rental property at 1206 & 1407 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to. commence at the City Council meeting of September 22, 1997. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code by scheduling the annual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kurt Lowenthal Regarding Rental Property at 1206 & 1407 Circle Terrace in that the Provisions of the Housing Maintenance Code Have Been Complied With. COUNCIL ACTION: Close Hearing Council Letter CITY ~OUNCIL LETTER Meeting of : .SEPTEMBER 22, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER ASSESSING APPROVAL NO: ITEM: ESTABLISH DATE FOR PUBLIC SPECIAL BY: JANE GLEASON ASSESSMENT LEVY HEARING NO: .~'~'4~ DATE: 9-8-97 As you know, the City Council has. on an annual basis, conducted a special assessment levy hearing in the month of November. Staff is recommending Monday, November 17, 1997, at 7:00 P.M, for Council's consideration. RECOMMENDED MOTION: Move to establish Monday, November 17, 1997, at 7:00 P.M. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. calllevy.let COUNCIL ACTION: TO CITY COUNCIL SEPTEMBER 22, 1997 *Signed Waiver ~:~m Ac~m~e~ ~1~cat~ 1997 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *Aldrich Construction *Dalco Roofing and Sheet MetaJ, Inc. Flare Heating and Air *Gertman Mechanical *Kramer Mechanical, Plumbing & Heating *Plumb Right *H.O. Soderlin Plumbing & Heating LOCATED AT 2011 - 243rd Avenue, St. Francis 15525 - 32nd Avenue N. 9303 Plymouth Ave. N., #104 2310 Highway 10 5500 Stacy Tr. 1216 - 82nd Ave. N. 3612 Cedar Ave. S. FEES. $40.00 840.00 840.00 840.00 840.00 840.00 840.00 license.ag I.-':RC F'ZNAb[CIAL. SYS'T'L. ZM 09/18/97 J. 4::27:50 F:'tJIqD REX]AF:': F'UlqD DE~;CF:: I F:*T I ON .'1.01 20:t. 202 20~7 204 205 2J. 2 225 240 250 270 274 276 401 402 412 60.1. 602 605 609 651 652 70 .1. 7.1.0 720 -880 88.1. 884 885 887 £;OMMLII,I.I~TY DIZVE]._OF:'ME],IT' F:'LIND ANOI(A C:OUNTY CI)BG F'AF(KVIJEW V].'L.I...A I,lORTii EX;;ONOMI [; DEVE]...OF:'ME],IT S't"ATE Ail) igAtNTE],tANCIZ RE]qTAL. I)ARiE COF:'fS GRAI',IT -.- CtVE]TI"]:ME: CAF:' ][ T'AL. STATIE Ail) CON,'-~TF,'UCT]:OI',I CAF' Z '['Al... CAF:']:TAL IMF'RC/VE:M[::I,IT - P]:R WATE]:;,' SIE W IZ R U T ]: L_ I T Y CE]q TF/AI... DA'FA F:'RCiC)EXiif~) ]; t'IG PEF;"M]; T F'L.E]X B1EIqlZI::'];T TRUST I'-UI"II) TOTAl.,. ALI... F'UI,ID,q; BANK BAN t< NAMIE '¢'~ A t%11 ,~ .'-:. ,-., ~r.. CZ"IE;CI<IIqC~ ACCOL,II'-IT Check l.i:i..s tory D I SBUFISIZI'IIS. I,ITE.~ 65 :, 802 ,, 30 .1., 377 ,, :I. ' ?~' " :, .I .... t .... ~.0 "4 ;, 72'~0 ,, 54 ;I. :, 45;7., 25 23 :, 568.63 :~. :, 8:1. :l.. 17 2 :, 369 ,, 75 2 .,, :I. 68,49 56 ,, 89 304.57 60. 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MERCHANT,'(; ANOI(A COUNTY SCJCtAL. ~I::.]'",.:V Bli:ECI(EF~ C;CJLJNTY CH]]..iD ~;I..JF:'F:' F:'IF~:,ST COMMUIqI]"Y CRIEI)IT l..J GF;.:E:AT WEST L.]:F:'I.":: & Ahllql..J]:T' Hlii:AL.TH I::'A F:."I'IqE:RS ]: CMA I:;-:E:T 3: F:~IiEMIEI"I l TR US T' 4 5 ]:SANTt CCJUNTY FAM]iI_.Y SIER HIED:I:CA CHCJ M :l:tql',ltiixscrl"A MI.J]'UAL L I FIE MN S'I"ATE: RET']:F~E],'II.=:]qT' GYST' N O F::WIZ E:;'i" F:'E:RA F:'IiERA -- I)E]= I NEI) .C, ONTI::.:I BLJ'¥ F:'I=.EI.~A F:'OL. ]:C;IE REL. ]:EF:' OONS0 F'UBL.:[ C. MANA(3E]~S A.SSCIC I AT STATE C;AF:'.I:TOI... C;l:~lJ.":.][) ]: 'l" UNICJN :L 2:1.6 UN:[OI,I 2;20 ASF'EI'I FI]:I._L.S., I NC, BELL. BOY ]E',AR ~.:.~I..JF:'F:'L.Y BEL. LI':ccj¥ CCJF::F'ORA'I" I C.II,I BEF:XS;:'CJRD 'I"F::UC I< ]: I,IG C.'.I~:I't"I'F::At... F:'Ob,IIER I) I STIr41BLJ'I'CJ C :[ 'FY bJ ]: DIE ~.d :I:I,II)CJW .'i'~I:ZRV ]: CE CCJL. 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IEC K FIUMBE]":t AMOUNT BAhlI< CHECI< :I:NG ACCX]UI'--IT ROI) I)Y/WI LL:[AM U S WEST COMMUt,I]:CAT]:ON8 Ul,t :I: T ED El...tii:C T R ]: C [::0 ,, UlqI'l"E:I) I'IOM;.-Z [;ORP L,IhlIVI~i:R,~;:['I"Y OF MINt,tESOTA A & C ,'~;!'IAI...I... A T & T CON,~LIMER F'RODUCtT A T&]" ACE HARI)WARE ACT' I:'.-]...ECTF~OI'~I]:CS :, ]:NC ,, A I) ]: A ]:l:;t T'OUCH CE]...L.L~I...AR AI...L. AUTO GL.ASS AMER ]: C~AI,I FORE,'i;TS AME:R I CAN L :I: t',tElq SUF-'F'LY CO AME:F;.: ]:C.AI',I F'AYROI...I... ASSOC ]:A AFID['~]:~'.SON 'S NEW CARPET I)[< ARAMAR K BARD & BARI) INC'. BARNA GUZY & 8TEF']:'EI'I LTD BAUER BU]:I...T T]:I':,'tZ & BATTE: BERN.I:C K Al'ID B ]: I::'1::' ' S :, ]: NC'.. B]:TUM]:NOU,~i~ ROAD~,dAYS:, .I:NC~ B[)YE:R TRL.,'C]'{ I::'ART,S BR :[ GHTON ~ii:XCAVAT ]: BROCK WHITE C8,, BRYAI"I ROCK PROI)UCT~ CARL. SON E QU ]: l::'Mlii]'lT CDP ]:MAG:[I"IG ,SY,fi~TEM8 CI"tASKA CHE,~I]:CAL CO .T. NC C¥'IEROKE:E POWER EQU]:F'MENT C]:TY OF' Mt'ZI):[NA ),', L SU1..AN C]:TY I::'AGE8 CI...EMEN-F COMMLIN I CAT ]:ONS COCA "'C01...A BSTTL..I:I"IG M.l: COMM]:SS]:ONI~i:R OF' TRANSF'OR CONNE:LLY ]:I'II)USTR]:AI... Z]...EC CONSTRUCT ]: ON BULLET:[I'I CROWI'I F'EI'I(.':E & WIRE D J ' S MUI'I]:C]:F'AL. SUPF'L.:[ES D ROCI< CE::t,I]"Iii:R D^~I'~ ,, ~--~, .~.E,~; WATI.:i:I";t E':QU ]: I::' CO DAY-T]:MI~:RS, :l:l'tCt,, l} :1: AMONI) VUL'. ,::.L F'A I NTS I::.:AGI...E WI:NE COMI""'ANY 67250 I :[ ,, 94 6725.1. 262 ,, :I. 4 67252 228 ,, 80 67253 485 ,, 00 67254 40.00 67256 6 ,, 25 67257 47 ,. 82 67258 .I. 6 ,, 00 67259 93.4:1. 67260 75 ,, 00 6726:1. 3:1. 5 ,, 60 67262 292 ,, 7:!. 67263 2:1. I ,, 02 67264 30 ,, 00 67265 87 ,, 0 ! 67266 125 ,, 00 67267 2,522 .. 13 67268 133 ,, 66 67269 300 ,, 00 67270 14,764,69 6727:1. 732 ,, 09 67272 2,162 ,, 25 67273 895 ,. 04 67274 6. 227 ,, 78 67275 264 ,, 55 67276 28 .1. ,, .1. 6 67277 900 ,, 27 67278 I, 958 ,, 47 67279 422 ,, 20 67280 88 ,, O0 6728:1. 131 ,, 96 67282 .1.92 ,. 55 67283 20 ,, 00 67284 420 ,, 00 67285 156 . 28 67286 315 ,, 00 67287 95.00 67288 131 ,, 93 67289 418.60 67290 95 ,, 47 67291 180 ,, 15 67292 297 ,, 98 67293 3. 066 ,, 62 67294 63 ,, 85 67295 203.42 67296 600 ,, 00 67~t97 388 ,, 60 BRC F:ZI,IAI',ICZAI... SY:B'f'IEM 09/18/97 14: 2 Cl':ecl,.: H.tstory 9/22/97 COl...ll,ICZl... I_.ZST C:l:'f'¥ OF:' COI...LJMB.'I:-A I-IIE:I:GH'f'S Gl... 540F:~-V05 ,, 00 I::'AGli: 5 BAl',il( VIEI,IDOR CHI:-:.C; I( l,lt. Jl'IBli:l:'<AMOUI,I"I" BAN K CI..IIECK:I:I,IG ACCC)UI,IT ES~ DI~OTI--IIEI'"d~ & SONS :II'lC I::RE:IEt_.~I'ICE: 'FRAI'ISI'I Z SS ]: OI'IS F'LJEL. OIL SIER:[VCE: GOOD I'ID/ DR (3ARY GOFI[-IER STATE: OI'IIE-CAI...L. I1,1 GRIE~TER ~I,IOK~ Cl'l'f'Y.,Flt.Jl'l~l,l GF~ZGGS--'-COC)F:'IEF~ & CO H~F'F:"E:I... DB~ I-IARR:I:S B:I:LI...ZN(3 OOMF'ANY 1'4AYDE:I,I Mt. JRP[IY E:Qt.JZPM2:I,IT l"l:l: TE:S F'L. OR~I... 1'40FrF:IERS F'A ]:I'IT HOME: DE:POT HU(3H CFIUI:~CH['IZL.I... ~}EWE:R IKON OF'F:' ]: CE: SOLUTZ 01,1 :1: M S A ~. :-l-[ E. F~ o ~ A ~ 1::. DIE T R 0 Z T D :t: IE S IE Z'f'IEI,I CI"I2;MROL.ET J~CKS SM~LL. E:I,18ZI,ItE ZI,IC K MART KIEI...L.Y PROMOTZOI'I~} KE:WATT/CH~RI..IES I...AI'IO EQU]:F'ME:I,IT CO.. L.E:AC~UE: OF' MZI,INIESOT~ C:I:TZ 1...E:E:F: LOWIEL.I... ' S I...OWF(Y CENTRAL. M,A ASSOCZATE:S ZI,IC I:I~C QU[EE:N E:(;]t. JZF'ME:NT CO.. MART Z N-MCAL. L.Z STIER MA~3YS CORF' .. MCG Z NN :1: S/RUSSE:I._ IdlE~'f'OX I...~BOR~TORZES:, ZI,IC I'IIENARD~!} C~SI'ilW~Y I...LJMBIEF(--F MIETROPOI_ZT~I',I COUI,tC IdlEYIER/D~WI,I M:I: OROF':[ L.M OPT:I;C~I... STOR~6 M:I:DW~Y ZI,IDt. Jf~}TR]:~L. SUF'F'I...Y Id :I:I,IAR FORD : lz NNI::.AF'OL..I.,~ S~W Id ZNI,IE~F'OL. ]:~} SPOK2;SM~N M :1: NNE:GASCO M:I:NNE:SOTA I)IEF'AF4TMIEIqT OF 67298 :1. :, 948 I, 95 67299 .1. :: .1. ;':; 5 ,, 00 67300 206. 47 6730.1. 302,,00 67302 :1.26 ,, 00 67303 ~. :: 066 ,, 89 67304 :l.0 :: 086 ,, 24 67305 2 :: 945 ,, 00 67306 49.52 67307 57 ,, 02 67308 23.67 67;]09 286 ,, 75 673:1,0 252 ,, 92 67;5:1, .1. 90.00 673:1,2 689 ,, 96 673:1.3 400 ,, 00 673:1.4 482.32 673:1.5 34 ,, 14 673:1.6 :1., 596 ,, 44 67327 3,364 ,, 40 673.1.8 .1.58 ,, 79 673~.9 262 ,, 40 67320 48.50 67322 :1., 304 ,, 63 67322 3, :l. 37 ,, 00 6732;5 169 ,, I;:~ 67324 :1.48.24 67325 55.22 67326 29 ,, 82 67327 9:1..76 67328 6:1.2.00 67;:;29 .1. :, 040 ,, 78 67330 :1. 3 ,, 05 672.;31 57 ,, 00 67332 214 ,, 3;I. 67333 ~. 6 ,, 00 67334 57 ~, 407.00 67335 (~28 ,, 79 67336 .1. :1.9 ,, 53 67337 55 ,, 92 67338 280,445.75 67339 ~. 44 ,, 30 67340 :1.3 ,, 50 67342 44 ,, 96 67342 1. 694.62 67345 2 ~. 5 ,, 00 67344 8, :L 51 ,, 00 BRC F' ]~ NANC Z Al... ,SYSTI:T.M 09/18/97 14::2 BAN K V2]',IDOR C he c I-:. H i s to ry 9/'22/97 COLiNC~]:L.. L..IST C]iTY OF COI._UMBtA I-~IZI(3HT8 Gl... 540R-V05. O0 F:'AC')IE 6 CHEC;I< I'IUMBE:F~ AMOUNT BAI"tI< CHECI<]:NG ACCOUNT M ]: hlhlESOTA ,t~I"tRIEDD:[ NG I...LC I'1 :[ I',tI',IE:So'rA SUI*I F:'UBL.. ]; CAT ]: 8 Mt',I C;H]:E]::'E; OF F'Ot...]:CE: ASSO Mtq S'T'ATIE TR,'EAE; BU II...D ]:I"IG MTI I) tSTR]:BUTING N 8 F" NAT ]: C)NAL.. ARBOt;,' ]: SI' R,S,SCK:) I N C)I:;,' THE RI'-I NC)F;:Tt..IE:RN HYDRAUL..]:CS OF:T:' ]]C2: DE:POT F:'AM CI].'t... It,lC'. F:'H ]:L.L.. ]:PS l,.j ZI,IE: & F:' I ONEER IEt'-4G ]: tqlEIEF;,' ]; NG F:'A I::'R :[ CIR i.,.l.111,,llE F'F;.:O CD ]: NC R &. B 8UPF'L..Y CC)MPANY R ]: MIE A U C T ].' Ot',tlEtEF;,'/MA R 1< F~(]B :[ 1,1,q;ON I..AtqI),q;CAF' II',IG ]:I"IC RC)I',I KASSA COhtE;TF;,'UCT.T. ON S(]I"IE:t:;,'Ei]:~ BRC],'3 I...UMBE]:~ SCI:~AI',ITOht (3I L..t...IE'I'"f'IE COMM SCt:~Af::' Bt.ISTE:R8 ZI',IC ,t:;IE: Fk C'. C~ L..ABS SHE:RW ]: N ~,~J ]; L.t... ]: -AM,q~ S ]: L..L../B F;,'.A DL.. E; Y SO K K.I: A M2:ASUR ]:I',IC.; 8 YS TEM8 S{:;:OGA 'S AU"f'C)MOT STANI)ARI) "'"" '" '" '" ,~, ,,,.,.N(:, CO SUI-.'4URBAN SUE. iURBAhl 'rENT & SYNI) :r. S]"At:~ I I,IC T!ECHI',I ]: C;AL.. RE]::'RO D U C T' ]; Cd',IS :, TC}XA[..ERT:, ]:I',IC,, TRACY F'R.T. I',I T ]; I',IG ~ ~,,I~-.,S"t"ATE: BOBC';AT :, II',IC T R U C-) F;,'.IE L-ZI',I C;HI.-7;ML..A WI',I U S I,~IEST COMMUJ'-JI Ut"'I Z F:'ORM8 UI'-IL,..1: M Z I"E'.':D Z NC L.I~]~: J::' :[ J...'T'I~i]::.:/WATJ~.]:~ J::'RO USA--C. tt.JA'f'.I: C8 ,'[NC WOO][)L.A I'(,'E :];AI"I ]; TARY ,'i;~ERV ]; C 67345 69.00 67346 378 ,, 40 67347 17 ,, 98 67348 294 ,, 56 67349 220 ,. 75 67350 .1. 2 ..,'373; .. 86 6735:t. 30 ,, O0 67352 224 ,, 13 67353 45 ,, 98 67354 867 ,, 30 ,. -~ ...~ ,=, ,..:, o / ,.~ .... 73 ,. 95 67356 ]. :L :, 097 ,, 78 67357 75,,44 67358 2 :, 82.1. ,, 8:L 67359 78.95 67360 1.42. ,, 7I. 6736:L 700. O0 67362 44.73 67363 ].2 :, 957 ,, 24 67364 309.,79 67365 40 ,, 00 67366 :L 00., 00 67367 :L40 .. 00 67368 22 ,, 56 67369 320 ,, 00 67370 70.00 6737 :L 50.00 67372 327,,20 67373 :L 50 . 00 67374 852., 00 67375 535.00 67376 ;:19.69 67377 311.60 67378 .1. $~9. :t. 6 67379 :L 1.78 67380 38., 34 6738:L 2 :, 788.84 67382 87.1. ,, 43 67383 :L:,4 ..... ~.,39 67384 5,059,6.1. 67385 47 ,, 10 67386 .1.00 :, 524 ,, 84 90]., 457.71 *** CITY COUNCIL LETTER Meeting of: September 22, 1997 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 City Manager APPROVAL ITEM: Fireworks Display BY: J. Student BY: 4-A-21 DATE September 19, DATE: 1997 The fireworks display scheduled for the Jamboree was cancelled due to inclement weather. A suggestion made to the Council was to reschedu!e the fireworks for the ha!ftime of the Heights Hylander's Homecoming football game to be held on Friday, October 3, 1997. The Council agrees this would be an appropriate time for the fireworks. Independent School District %13 School Board representatives and staff will be contacted regarding their receptiveness to this suggestion. The display will be contingent upon agreement from the School Board. The total cost of the fireworks is $6,000. The 1997 budget included $2,000 for fireworks. To date, a donation of $500 has been received from the Boosters. It is recommended to appropriate up to $3,000 from unexpended Heights Pride funds line item 101-45040-4377 and up to $500 from the Mayor Council Contingency budget line item 101-41110-49200. MOTION: Move to approve the expenditure of up to $3,500 for a fireworks display on Friday, October 3, 1997 from the Heights Pride/Council Contingency Fund; and furthermore, these fireworks will be held contingent upon agreement and approval by School District %13. COUNCIL ACTION: C ,TY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 POLISH AMERICAN HERITAGE MONTH PROCLAMATION WHEREAS: October is Polish American Heritage Month, which is a national celebration of Polish heritage; and WHEREAS: This observance also recognizes the Polish culture and pride in cooperation with the Polish American Congress and Potonia across America; and WHEREAS: The Polish American Heritage Month Committee is celebrating the Sixteenth Anniversary of its founding since being recognized in Philadelphia, Pennsylvania; and WHEREAS: The purpose of the Committee is to bring attention to the contributions of Poles and Polish Americans to .the United States and world history; and WHEREAS: In 1997 the 206th Anniversary of Poland's Constitution is being observed; and WHEREAS: The City of Columbia Heights has many residents who take pride in their Polish heritage and ancestry. NOW, THEREFORE, BE IT RESOLVED, that I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby proclaim October as Polish American Heritage Month in Columbia Heights. Mayor Joseph Sturdevant October 1997 THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Memo To: From: Date: Subject: Walt Fehst, City Manager Julie Dehmer, Recreation Program Coord~.3,at~h~r~ CHASE Grant Manager ~_~'~'~ September 9, 1997 CHASE Presentation at the September 22, 1997 Council Meeting The CHASE Steering Committee and Collaborative members would like to give a presentation to the City Council at the September 22, 1997 Council meeting. This presentation will review the 1996-1997 grant, and update the Council on the status of the 1997-1998 grant. We would like to be placed in the presentation area on the agenda. Please contact me if there is a conflict in presenting at the Council Meeting at x867. CITY COUNCIL LETTER Meeting of: September 22 1997 AGENDA SECTIONbTHER 0RDINANC~7~SOLUTIONS ORIGINATING DEPAR%~4ENT: CITY MANAGER'S APPROVAL ITEM: FIRST READING OF ORDINANCE NO. 1349, BY: CHARTER COMMISSION AMENDINGcITY CHARTERCHAPTER 3, SECTION 17 OF THE DATE: 9-4-97 :4~'/~'7 NO: ~, At the June 9, 1997, City Council meeting, the following wording change to Chapter 3, Section 17, Rules of Procedure and Quorum was sent to the Council from the Charter Commission for a first reading: The council shall determine its own rules and order of business, and shall keep a journal of its proceedings. Detailed minutes of all discussions, motions, or other actions ~h~ll be kept for all public council meetings and for meetings of any commissions appointed bY the council. A majority of all members elected shall constitute a quorum to do business, but a less number may adjourn from time to time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. (NOTE: Underline wording indicates new wording added to this section.) The City Council considered that wording, and approved the following: The council shall determine its own rules and order of business, and shall keep a journal of its proceedings. Detailed minutes, taped recordings or video recordings with sound of all discussions, motions, or other actions shall be kept for all public council meetings and/or for meetings of any other commission appointed by the council or any other commissions which functions on behalf of the City Council. A majority of all members elected shall constitute a means by which a minority may compel the attendance of absent members. (NOTE: Bold indicates new wording the City Council inserted.) As the language sent to the Council from the Charter Commission was altered, procedurally this matter should come back to the Charter Commission for their discussion, approval, or denial. At the Charter Commission meeting of June 19, 1997, the Charter Commission passed a motion that the City Council suspend the second reading of the ordinance regarding Chapter 3, Section 17, and formally forward the Council's recommendations on this chapter back to the Charter Commission for their review and comments, and then hold the second reading when appropriate. At the City Council meeting of June 23, 1997, the City Council voted to postpone the second reading of this ordinance until the Charter Commission has had time to review and make comments on the last version of the wording, and then return it back to them for a second reading. As there was not a quorum present at the July 17, 1997, Charter Commission meeting, this item was only discussed and no formal action could be taken. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 22 1997 AGENDA SECTION~iHER ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ 0RD{NANCS$/RS$0LUI~0N$ CITY MANAGER'S APPROVAL ~ t / CITY CHARTER NO: q - -I Page 2 of 2 Pages At the August 21, 1997, Charter Commission meeting, the members discussed this item again in detail. Major concerns of the charter commission members were: · that the journal kept of proceedings give a flavor of the discussion on an issue (both pros and cons); · that audio tapes of all work sessions be kept (as is done for all regular council meetings); · that the work session tapes are available to the public (especially at the library); · that council minutes should be published in complete form (not condensed); and · that the Council should determine its own rules in order to keep such a journal. Thus, the Charter Commission voted to have the wording now read as follows, and that it should be forwarded to the City Council for their discussion and approval/denial: RULES AND PROCEDURE AND QUORUM. The council shall determine its own rules and order of business, and shall keep a legible written journal and audiotapes of its proceedings. Such Journal shall be kept of all public meetings of the Council and any body on which ~ majority of the members of the Council serve. A majority of all members elected shall constitute a quorum to do business, but a less number may adjourn from time to time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. Executive sessions of the Council shall keep such records as re_cuired bY state statute. Each board and commission appointed by the council shall also keep ~ Journal of its proceedincs. (NOTE: Underlining indicates new language being added to the city charter as it currently reads.) RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1349, an ordinance amending Chapter 3, Section 17, Rules and Procedure and Quorum of the City Charter, to Monday, September 22, 1997, at approximately 7:00 p.m. COUNCIL ACTION: ORDINANCE NO. 1349 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 17 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF PROCEDURE AND QUORUM The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 17, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: RUIJZ$ AND PROCEDURE AND QUORUM. The council shall determine its own rules and order of business, and shall keep a journal of its proceedings. A majority of all members elected shall constitute a quorum to do business, but a less number may adjourn from time to time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. IS HEREWITH AMENDED TO READ AS FOLLOWS: R~ AND PROCEDURE AND QUORUM. The council shall determine its own rules and order of business, and shall keep a ltgilz!tg~g~n journal ~ of its proceedings. Such journal shall be kept of all public meetings of the Council and any body on which a majority of the members of the Council serve. A majority of all members elected shall constitute a quorum to do business, but a less number may adjourn from time to time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. ~ sessions of the Council shall keep such records as required by state statute. Each board and commission appointed by the Council shall also keep a journal of its proceedings. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary Section 3: Upon receipt of the written intent to appeal, Ihe Board of Trustees shall hold a special meeting with. in 60 days of.receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. Tile member shall have tile reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The board reserves the right to engage tile services of a mediator, acceptable to both parties, at any time during the appeal. The mediator shall be selected from tile Rule 114 Supreme Court Roster. Tile cost of file mediator shall be split in hall' among both partles~.29' Article XVII .. Limits on benefit~3b '~ Section 1: Domestic Relations Order: A qualified domestic relations or domestic relations order shall be accepted by tile plan administrator if in compliance with state and f,ederal law. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C. 414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of, benefit, or any option, not otherwise provided under the Plan or under state law. Section 2: Garnishment, judgment or legal process: No service pension or ancillary benefits paid or payable from the special fund ora relief Volunteer Division to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution, or other legal process, except as provided in section 518.58, 518.581, or 518.611. Section 3: No person entitled to a service pension or ancillary benefits from the special f,und of,a relief'Volunteer Division may assign any service pension or ancillary benefit payments, nor shall the Volunteer Division have the authority to recognize any assignment or pay over any sum which has been assigned. Section 4: Limitations on Ancillary Benefits: Following the receipt of a lump sum death benefit neither a member's surviving spouse or estate is entitled to any other or further financial relief, or benefits from the Volunteer Division. Article XVill Amendments to the ~iaws Section 1. Procedure. The By-laws of the Volunteer D. iv_~ion may be amended at any regular or special meeting of the Board of Trustees by a ~.majority vote of the members present and voting, provided that a qu~,rum is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same a regular or special meeting not more than 31 days next preceding that upon which such amendment or amendments are acted upon, and that a notice be mailed to each Trustee at each not less than ~9 The mediation is certainly one possibility. Arbitration could be m~other. 00'Most of the lm~guage for these provisions is t~ken directly from statute. 24 Article XVi - Procedure for review28 Section 1: In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. Section 2: If an application is not approved, the board shall retum the application to the applic.qqt within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full board, on the question of whether the applicant meets all of the eligibility requirements. The member shall indicate that the member intends to appeal by fumishing the board with a written intent to appeal that is filed with the Secretary oflhe Volunteer Division within 30 days of receiving an adverse determination. The intent to appeal shall be certified by Ihe member. 28 Minn. StaL §356A, the public pension fiduciary r~sponsibility act requires public pension fm~ds to have a pro~ur~ in place for review of negative determh~ations for applic, atio~s for pensions or bc~cfits. 23 Arti_c.l..~ XIV - Early Vesting Provision In the event a member with f-we-years or more but less than twenty years of active service on the F/re Department resigns or otherwise becomes a nonmember, that person shall be entitled to the following benefits that represents the nonfor£eitable portion o12 Completed Years of Service 10 11 12 13 14 15 16 17 18 19 20 and thereafter Nonforfeitabie Percentage of Account Balance I per~nt ~.C)~ 27 /C)C) ~ Arlicle XV . Deferred Pension Status Section 1. Interest provided. If a member has attained the age of 50 years, and retires from the fire department and is otherwise eligible for the pension benefit, but has not taken a ltm~p start payment, the balance of that member's account will be credited with earned interest at the rate permitted by Minn. Stat. 424A.02, Subd. 7 which provides that: 1) Interest will be paid on the lump sum amount deferred. 2) During the period of deferral 3) At the rate actually earned by the Association on Special Fund asset invesunents, but not to exceed 5% per Minn. Stat. 356.215, SuM. 4d. 27 This language incorporates the old ten-year veSting sd~edule. This could be changed to incorporate the statutory schedule, which begins with 60 percent at year ten. Thc fired doesn't really take a loss anymore with a change in the vesting schedule. Whereas, under thc old monthly plan, thc fund would financial benefit with a lower pexcentage vestingschedul¢. Again, the Voltmtcer Division docs not have to allow this; I offer it only as an example. Currently, the plan offers ten-year vesting that is substantially reduced in comparison to state statute. I.e. ten year vesting sta.,'ts at 40%. 21 Article XIII- Timing and Modes of Distribution Section 1: ~Secause of the varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, insurance and/or estate planner, or an attorney. Alternate payment methods on lhe Application Form shall include: (1) A single Lump sum check pay~aent payable to the eligible retiree. (2) Lump Sum payment by the Volunteer Division to a recognized insurance carrier licensed to do business in this state and approved for this product by the Commerce Commissioner under Minn. Stat. § 60A.40. (3) Installment payments as governed by Article XIII (4) Reliever to an IRA account pursuant to Article XII.25 Section 2: Upon written request from the retiring member who has given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as mnended. Section 3: A member may elect installment payments as follows: (2) -(3) The election of installment payments shall be irrevocable and shall be made by the retired member in writing on a form supplied by and filed with file Secretary of the Relief Volunteer Division no later than thirty days prior to file commencement of payment of the service pension. The installments shall be paid in equal mmual installments, not to exceed three consecutive years. If the retired member who elected an installment plan dies before all instalhneuts are paid, then the remaining unpaid at the time of death shall be paid to the member's surviving spouse, if any, and if there is no surviving spouse, to the surviving child or children, if any, and ifno child or children survive, to the estate of such deceased member. The payment of each installment shall include interest actually earned by the Relief Volunteer Division but not to exceed 5%. The interest shall be compounded annually on the reserve supporting the remaining installments, computed from the date the previous installment was made to the date of payment for the current installment payment.20 25 The board and membership need to decide if it would like to offer am~uitics o1' hrstallment payments, as these are optional forms of payment. 26 This is required under statute. 2O The physician or chiropractor shall submit a written opinion concerning the diagnosis and prognosis of tile applicant's disability and its probable duration of permanence. Tile Board of Trustees has the discretion to request that another doctor, selected by the board, examine the applicant as a condition precedent to being considered for payment of disability. Final determination of disability will be based oil the reports ofat least one doctor and by a 2/3-majority vote ora quorum of the Board ofTrustees pres.ent at the subsequent Volunteer Division meeting. Proof of disability. An applicant shall not be considered under a disability unless the member furnishes adequate proof of tile existence thereof. An applicant's istatement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this section. In determining whether or not a firefighter is disabled, the Board of Trustees shall consider ~he Typical Duties Performed by a fire fighter as promulgated by the Fire Chief in the Rules and Regulations of the Fire Department handbook. Grievance Procedure. If the applicant for disability benefits feels the he/she has been aggrieved by any action of Board, the member shall, within sixty (60) days from notice of such action of the Board, file written objections and the reasons thereof with the Board and shall be allowed to appeal the d~termination pursuant to the review procedure in lhese bylaws.24 Payment. No benefits shall be paid under this section for rely disability prior to thirty days before the application for benefits is served upon tile City Manager. Payments of benefits under this section shall be made only during such time, as the volunteer is totally disabled. No benefits shall be paid under lhis 'section for any disability period during which the disabled member is actually performing services for file Columbia Heights Fire Department. 24 Relief Voluntrer Divisions have the authority to pay' temporary or permm~ent disability benefits to members. Minn. Stat. §424A.05, Subd. 3, (2). This statutory provision requires that a relief Volunteer Division speeifioally state that it provides disability benefits in the bylaws, in order for the Voltmteer Division to have the authority to pay such benefits. The statute is un;lent on the extent of the coverage of these types of benefits. Currently, some relief Volunteer Divisions do pay disability benefits for injuries or ilh~esses that do not arise out ofserviees performed in the line of duty. The bylaws of the F' .u;e Department Relief Volunteer Division currently · llow payment for disabilities incurred outside the line of duty. I have maintained the same definition. I have also added some language. The definition section is different but incorporates tile old definition, as well. 19 shall be eligible to collect a disability benefit in an amount equal to his or her account balance based on ~aluation of the account on December 31 of the year in which the debilitating injury occurs or the sickness is diagnosed. The. member shall be eligible to receive the disability benefit within 30 days of'the date of approval of'the Board o£Trustees. 1. Limitation. Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefit. 2. Benefit disqualification. No benefits shall be paid under this Section if the disability is directly or indirectly, wholly or partly as a result (a) self-inflicted injury or suicide, while stare'or insane; or (b) The commission or the attempted commission of an assault or crime by the individual. o Disability defined: Disability is defined as the inability to engage in performance of his/her duties as a firefighter by reason ora medically determinable physical or psychological impairment that is certified by a physician, surgeon or chiropractor acceptable to the board of trustees, which can be expected to last for a continuous period of not less than twelve months or can be expected to result in death.23 Reports Required. No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor of the member's choice. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of tile member. Each such report shall be filed with the Volunteer Division. .5. Procedure. Written application shall be made to the Board of Trustees setting out the nature and cause ofsuch disability. All applications for disability benefits shall be made within 30 days after such applicant has ceased to be an active member of the fire department. (a) The` application shall be under oath by the member or his or her immediate family. (b) The Board of Trustees shall attempt to meet within fifteen days after receipt of the application for disability benefits by the City Manager and shall act upon the application as soon as is expedienL The application shall be tabled until the next meeting so that a physician, surgeon or chiropractor of the member's choice may examine the applicant. 23 Thc old bylaws used 30 days as the Ntest~ for a disability. That may be a littlc short. 18 when the deceased volunteer would have reached file age of fifty years had the volunteer survived. 1.9 Only the vested portion of the Account shall be distributable. Subd. C. Notice. The surviving spouse, surviving children or estate, if there are no survivors eligible for survivors benefits under this section may, within sixty days after the date of the volunteer's death m the case of an active volunteer under Section IA ~i~ ............ .., __j ..... r City Manager, as ex officio member of the Board ofTrustees, a notice of election to receive the payment according to Article XIII - Timing and modes of distribution. =";' .... ,....: .... sum payrn~n~ er --'"~"J 7"."',- ',h~--~2C. The Board of Trustees shill within ten days of receiving notice of the volunteer's death, mail notice of the right to elect a payment method under Article XIII - Timing and modes of distribution. The notice shill be sent to the beneficiary at m~ address designated by the volunteer in writing and filed by file volunteer with file City Manager as ex officio member of the Board of Trustees. Subd. D. Payments due. Payments pursuant to Section 1 der shall be due within sixty day~ from the date the Board o£Trustees is notified of'the death. Pay,a~cr,~ i:ur~ua:t w,,,~.. ?-;'c........_~-~'~ ,~.~_._ %=.= _.~c ....n~y y;."__-c._ Notification shall include a certified copy o1' the deceased volunteer's death certificate. Subd. E. ,J~signated ~eficin~. :21 o,,-~' Sub& F. Limitations [move to new section on limitations on benefits.] Section 2. Total Disability. A member who is permanently disabled rrom bein~ m~ active in Fire Depndment may be eligible £or a disability benefit in lieu oF retirement. Upon approvil o£ the Board o£Truste~ pursuant to this section the disability benefits will apply: A member who is {1} permnnently disabled with a tot~ disability that arises out o1' or in the course o£hi$ duties as volunteer firefighter; .-.. {2} sustains a torsi disability which does not arise out o£or in the course orhi$ ~ n volunteer firefighter and hes served nt le~t ten years ns a vohmteer fireGghter in the service Columbia Heights, and is an active member in good standing at the commencement o£such disability22 191 am curious as to why you would wait until they would have tm'ned 507 I suppose it makes sense for purpose~ ora monthly plan, but with a de£med contribution plan, you may want to consider paying it out right away. :20 This seems harsh. 21 This section really isn't needed, as I don't see how the law allows a designated beneficiary other thm~ Ihose included in thc statute. 22 Rick: this is what I called you about. Your articles o£incorporation don't allow this so I suggest that you amend them to allow payment for these kind ofbenefits or remove then~ from fl~e bylaws. I am sending aloi~g m~ articles amendment form for you. 17 (d) Such other and further information the Board orTrustees may require Section 3. Notice of~ntent to retire. It shnli be the duty ofench member wh~o/intends to retire and reqUest a service pension from the Volunte~r,J~ivision, to file a notice of/intent to retire. Such notice shall be in writing and shall be filed-fffi~ Secretary not less than/t'~ prior to the date of retirement and submission orapplication for service pension. Upon receipt ora notice or intent to retire, the Secretary shall provide any notices to the applicant ns required by state or federal law with respect to pension or benefit payments. 17 Section 4. Approval of Applications. It shall be the duty of the board to approve applications for service pensions if'the applicant meets nil of the eligibility requirements set l'orth in these bylaws, lfshall also be the duty ofthe board not to approve the application il'any of the eligibility requirements are not met. Il'an application is not approved, the board shall return the application to the applicant within 30 days, noting thereon, with particulahty, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with file opportunity to appeal the decision pursuant to Article XVI - Procedure for Review. Article XII - Ancillary Benefits Section 1. Survivor's Benefits. Subd. A, Active Volunteers.. Upon receipt of the infornmtion in subdivision C, mid a copy of the death certificate of an active volunteer firefighter ns defined in Laws of Mirmesota, Chapter 374, State Statute 39, the surviving spouse and if there is no surviving spouse, the surviving child or children and if there are no surviving children, the estate, shall be eligible to receive payment of the entire account balance ofthe deceased member. The payment shall represent the account balance as of December 3 I, of the year in which the death occurred. The survivor benefit payment may be made according to Article XIII - Timing and modes of distribution. 18 .'~' Subd. B. Terminated vested volunteers. Ifa prior member orthe Volunteer Division is (I) inactive (no longer a volunteer fire fighter in good standing) at the time or the volunteer's death and (2) who has served ten or more years as a volunteer firefighter prior to tl~e volunteer's death, and (3) who dies before reaching the age orfifly year years, file surviving spouse, surviving children or the estate if there are no survivors, is eligible to receive a death benefit in lieu of the member's r!~tirement that shall be paid to the bel~eficiary en..e m_-'v.'& -..?.er '&: ~a'.~- /b,.-k..., -...l, l lt /,, ITFhis language can bo added to require that a member give thc board notice. 18 State law requires survivor benefits to be paid ~o survivhig spouses and il'none, to the surviving children. The law says nothing about payments to he estate. See Minn. Stat. 424A.05, Subd 3. Ftmcral b¢ll¢lits cal~, however, be paid to the estate il'there is no surviv/ng spouse. I have tried to craft somclhing that complies with the law, however, be aware that the current use or beneficiary forms was really not hi compliance. A fircfightcr cannot sign away a survivor's fight to the benefit. 16 Section 5. Continuing Education Plan. The board of trustees shall develop and periodically revise a plan for continuing education for all members and officers of the board of trustees in order to ensure that trustees keep abreast of their,fiduciary responsibilities. New trustees shall be require to complete twelve (12) hours of continuing education in the trustee's first year of off.ice. Thereafter, trustees shall comply with the board's plan for continuing education. 16 Article XI - Application for benefits Section 1. Form. Ali applications for benefits shall be made in writing on forms supplied by or satisfactorily to, the Columbia Heights City Manager. The City Manager shall forthwith deliver all applications to the Board of Trustees. The Board of Trustees shall convene a special meeting of the Board of Trustees to make a determination on all applications. Ail determinations of the Board of Trustees shall be made within thirty days after the application was submitted to file City Manager except when a longer period of time is necessary to receive medical evidence in disability cases. No benefits or pensions shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final. Section 2. Content. Applications shall be verified under oath by the applicant and shall state, in addition to any other information required by the City Manager, the following: (a) The age of the applicant, or member, or both; (b) The period of service and anticipated date of retirement from file fire department o£ the City of Columbia Heights, Minnesota; (c) The length of time the applicant or member, or both, has been a member of the Volunteer Division or its predecessors, including dates in membership of the Columbia Heights Fire Department Relief Associations; 16 This provision is optional. Note that the statute requires thc board to maintain a plan for continuing education. M~nbers who are not considered experts in achni~fistration of public pensiou plans are required to get continuing education. 15 Section 3. Investntent Committee. The Board o£Trustees may designate two or more Board of Examiner members and two or more Board of'Trustee members to sit on an investment committee. The treasurer, the president n~d an ex-officio member shall sit on the committee. The investment committee shall investigale and make recommendations to the board el'suitable investments for Volunteer Division funds among those permitted by Statute, the bylaws and the investment policy attached hereto. 14 Section 4. Broker*s Statement. The bom'd of trustees shall comply with Mitmesota Statutes §356A.06, Subd. 8b that requires the Volunteer Division to provide annually to any brokers, a written statement of investment restrictions pursuant to statute or the investment policy that apply to the special fund. Upon receipt of the writlen statement of investment restrictions, each broker handling investments of the Volunteer Division shall acknowledge, in writing annually the receipt of the investment restrictions. The acknowledgment shall contain a statement of the broker's agreement to handle the Volunteer Division's investments pursuant to the written restrictions. 15 14 This is an optional committee. However, I recommend it since the Voitmteer Division now needs to have a written investment policy in place under state statute. Such a committee can update the policy and keep informed about investments. 15 During the 1995 legislative session, the legislature passed a law requiring relief Volunteer Division trustees to ensure that brokers and investment managers be informed about the restrictious on investment of public pension funds. Althoul;h these are requirements regardless of inclusion in file bylaws, I find that trustees are assisted when these types of provisions are included in the bylaws because it reminds them of the requirements that must be complied with. Although not required I would include a provision in file bylaws noting this requirement to continuously remind file officers and any brokers or managers of' file requirement. 14 Article X- Investments Section 1. Prudent Person Standard. Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Section $. Invest~nent Duties of Board. It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Volunteer Division and whenever investments are made, to investigate and pass upon the securities offered and to attend to the draWing and execution o£necessary papers. The Board of Trustees shall order an audit of the books and accounts of the Secretary and the Treasurer annually, according to law, and shall submit a written report of the condition of the Volunteer Division to the members at the annual meeting. The investment of the funds ol'the Volunteer Division shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws, and the investment policy attached hereto. The Board of Trustees shall meet with the Investment Committee. The members of the Board shall act as Trustees with a fiduciary obligation to the State of Minnesota, to the City of Columbia Heights and the members o£ the Volunteer Division. hcl'C. (a) (b) (0 Annual Adjustments. As of each accounting date, the account of each member, former member and beneficiary shall be revalued. As ore, ach accounting date, the trustees shall value the assets of the special fund at their fair market value and determine the net investment gain or loss ofsuch assets since the preceding accounting date. in determining the net investment gain or loss (1) file accrual basis of accounting shall be used (t~ealized appreciation or depreciation shall be taken into accoun0, and (2) contributions to the special fund and payments or distributions fi.om the special fund to provide benefits for members, former members and beneficiaries shall not be considered as gains or losses of the special fund. After the close of the plan year, the net investment gain or loss for said Plan Year shall be credited or debited, as of the accounting date for such Plan Year, to tile respective accounts containing such assets and which are existing on said accounting date in proportion to the value of each such account on the preceding accounting date, but reduced by forfeitures or distributions from said account made during tile plan year. Accounts of former members, which are 0% vested, chall be disregarded in allocating net investment gain or loss. The value of each account, as adjusted by the preceding provisions of this section, increased by contributions and forfeitures allocated to such account and reduced by distributions or forfeitures from such account for that Plaq Year, shall be file value of said account on the accounting date for the plan year. Adjustment on direction. A valuation of the special fund shall be made as of any other date specified by the Trustees, and this date shall be considered an accotalting date. Forfeited individual account, lira member terminates membership with tile Volunteer Division and the fire, department prior to meeting tile service requirement for receipt ora 100% vested pension benefit, as described in Article XIV - Early Vesting, and has not returned to active service with the association within a period of five years, then that member's non-vested account shall be forfeited and reallocated pursuant to section $ as of the accounting date for the Plan Year in which the five- year period ends. 12 Article IX. B~nefit~, Volunt®er Retired Prior to February13, 1989 Resolution No. 96-~4~ daX(.ed Novembe,r 12, 1996.1:3 \ 12 Obviously, sectious 4-7 arc significant changes. Thc monthly pension benefit is deleted nqd the defined contribution pcasion applies to all active m~nnbcrs going forward. 13 Will there be a reason to insert an additional m~.icle related to any buyouts prior to the conversion? It could go 12 individuals who terminated membership with the Association and the Department prior to [date of enactme0t of the bylaws.] Section 5. Allocation of Contributions. (a) Allocation Rule. Contributions to be made to the special fund and forfeitures, if any, for a Plan Year shall be allocated among the individuals entitled to share in tile contributions for such Plan Year under section 4, in the ratio that the months ofservice credited dur/ng such Plan year for each such individual bears to the Months of Service credited during such Plan Year for all such individuals. (For the 1997 Plan Year, all months ofservice credited to eligible members who are active on or after [date of enactment of byla~vs] shall be counted, including those prior to [date of enactment of bylaws]. (b) Time of Making Allocations and Time of Fund/ag. Allocations under sub-section (a) shall be made as of each December 3 l; after each Account has been adjusted for gains or losses. The calculation of each Member's share of the Association's fiscal year and receipt by the Association of the audited l'mancial report prepared by file Secretary and the Treasurer for that year. The Treasurer shall submit to the Trustees for approval that amount to be credited to each member's account. (c) Make-up contributions for omitted members. If, after the contribution for a Plml Year has been made and allocated, it should appear that, through oversight or a mistake o£ fact of law, a Member (or individual who should have been a member) who was entitled to share in such contribution received no allocation or received an allocation which was less than he should have received, the Trustees may, at their election, and in lieu of reallocating the prior contribution, make a special make-up contribution out or unallocated earnings for the Account of such member in an amount adequate to provide for him the same contribution for each Month of Service as would have been allocated to his Account if such oversight or mistake had not been made. Unallocated earnings include any income of the Special Fund earned since the preceding accounting date that has not yet been credited to the Member's account pursuant to Section ? (a). Section 6. Establishing the Individual Member's Aecounts. (~) Transfer Accounts. The initial allOcation to the Accounts of Members identified/n Section 1 of this art/cie shall be determined by d/vid/nE the total value of the special fund as of December 31, 1997, (reduced by any reasonable expense reserve determined by the Trustees) by the months of service as of December 31, 1997, shall equal the Member's account pursuant to Section 7 (a) (b) Annual Reports. A member shall be entitled to inspect his or her account balance and transactions in the member's account by giving reasonable notice to tile Treasurer, ofthe request. At least annually, (no later than the First Monday in April), the Treasurer will provide each member with a written report of tile member's account balance and vesting level as of the most recent account/ng date and any account transactions (such as distributions), contributions and forfeitures) during the prior Plan Year. Section 7. Periodic Adjustment of Accouuts and Forfeitures 11 Section 3. Disbursemeuts and Approvals. All disbursements o£payments from the special fund for the payment of benefits hereunder shall be approved and authorized by majority vote o£ the Board of'Trustees at a regular or special meeting held for that purpose. Section 4. Deposils. All monies belonging to the Volunteer Division special fund shall be deposited to the credit of the Volunteer Division special fund in such banks, trust companies, or other deposits as the Board of Trustees of the Volunteer Division may designate. Article VIII- Defined Contribution Lump Sum Benefits, Section l. Type of Benefit. The exclusive pension provided by the Volunteer Division is a "de£med contribution lump sum service pension" as defined in Minnesota Statutes, Section 424A.02, subdivision 4. Section 2. Service Pensions. Any volunteer firefighter as defined in Laws ol'Mirmesota for 1977 Chapter 374, State Statute 39, who (1) has attained the age of fifty years, (2) has served ten or more years as a volunteer firefighter and (~ t.,.. ,,,,;.~., _..,_ ................... shall be eligible to receive a lump payment, at the time of his or her retirement. The pension payment shall be paid to the member pursuant to Article XIII - Timing and Modes oF Distribution. [Section 2: Move old section 2 to new ancillary benefits section.] Section 3. Applications and purposes of pension provisions. The provisions o£this article apply to individuals who are members of the Volunteer Division and members of the Fire Department on or after [insert date of enactment of bylaws]. An individual shall not be considered a member of the Volunteer Division after]( receiving a lump sum distribution of his de£med benefit pension benefits from the Volunteer Division, unless the individual returns to active firefighting and accrues an additional benefit under these provisions. Effective [insert date of enactment of bylaws], the pension benefits provided by the Volunteer Division are converted from a defined benefit form to a del'reed contribution form. The conversion is contingent upon the Vblunteer Division's continued eligibility to share in allocations or' fire state aid under Chapter 69 of Minnesota Statutes. If the State Department of Revenue or a court ot'competent jurisdiction determines that these amendments do not qualify for state aid, a service pension shall be provided for under the terms of the bylaws as they existed immediately prior to this amendment. [Move old'section 3 to new ancillary benefits Article.] Section 4. Eligibility to share in contributions. An individual shall be eligible to share in the contributions and forfeitures, if any, for the plan year only fi.the individual is credited with ~tleast one month ofservice during the Plan Year and either (a) is a member on December 31, 1997 o1' that Plan Year or (b) terminated membership during the Plan Year for reasons other than death or disability. (Contributions for the Plan Ye. ar 1997 shall not be allocated on behalf' of 11 These dates were irregular in the original set of bylaws. Is lifts correct? Or is Ibis supposed to apply to members who retire after August 28, 1989? 10 The treasu.rer shall furlher receive and collect all funds derived from private sources specifically for the benefit of*the Volunteer Division special fund. Such funds shall be transmitted to the Division's Board of*Trustees for investment. The City Treasurer shall prepare and sign, with [he approval of the Volunteer Division's Board of Trustees, all reports or other documents required by the City of Columbia Heights, or the State of Minnesota, or both, which are necessary to obtain and maintain all funds necessary to administer the benefits as provided hereunder. All money received by the City Treasurer from all sources shall be kept in the Volunteer Divisions Special Fund unless the monies are otherwise specifically designated. Otherwise proper sources of funds are to be deposited in the general fund, in which case the Treasurer shall take all steps necessary to deposit said funds in the general fund of the Columbia Heights Fire Department Volunteer Division. Section 7. Procedure. The Board of Trustees shall be governed by the procedural rules contained in the Charter of the City of Columbia Heights nnd the City Code of 1977, as mnended from time to time. Article VII- Funds Section 1. Special Fund. The Account in the special fund for the benefit or members of the Columbia Heights Fire Department Relief Association who are volunteers shall be continued and shall be designated the Columbia Heights 'Fire Department Relief Association Volunteer Division special fund. Monies and property shall be added to and disbursed from the special fund as provided by law. The special fund of the Volunteer Division shall be separate and distinct from the Columbia Heights Fire Department Relief Association Paid Division Special Fund. When every member of the Volunteer Division is deceased, the funds of such Division shall become a trust fund managed for the benefit of the beneficiaries of such fund. In the event the City Council shall abolish the volunteer branch o£its Fire Department, any surplus remaining in the account of the special fund of the Volunteer Division after discharging all obligations to all members a~d other beneficiaries of the Volunteer Division shall be paid into the general treasury of the City of Columbia Heights. Section 2. General Fund. Any and all money received from other sources m~d interest thereon, shall be deposited in the General Fund, and may be expended for any purpose deemed proper by both the Paid Division and the Volunteer Division. The Board of*Examiners of the Volunteer Division shall have the sole determination as to the vote or votes that all members of the Volunteer Division may have for any proposed expenditure of the funds in the General Fund. 10 This isn't thc way that state aid is calculated. It is.calculated based on population m~d market value of property. The full pot is comprised ora tax on fire insurance premiums, but it isn't "limited" to the prcmiums in - c' '. ~_ the city of Columbia Heights rather it is limited by the popqlation and market value of thc fire service re'ca of the ~e~,'r'~ v~ ~You could replace this sentcnce witlf"~,.,}collcct from the Stat~ ol'IViiimesota, ,ali statc, aid" ~') ' Cunds r~mived from thc tax on in~uran~ pr~niums C°llectexl pursuant to Mhm. Stat. §69.021, Subd. 52 j Article Vi- Board of Trustees Section 1. Members. The governing body of the Columbia Heights Fire Department Relief Azsociation, Volunteer Division shall consist of a Board of Trustees composed of the members of the Columbia Heights City Council. The City Manager, Cierkotreazurer, Chief of the Fire Department and the Public Safety Director of the City shall be ex officio members of thc Board of Trustees. The ex officio members shall not vote, nor shall they regulate the management or affairs of the Division except az provided herein. The Board of Trustees of the Volunteer Division shall have the exclusive control and management of all affairs, property, and funds of the Volunteer Division from whatever source received for the benefit of tile Volunteer Division special fund and shall have authority to carry out the objects and purposes of the Volcmteer Division az set forth. Section 2. Duties. In addition to all duties and powers herein above given to the Board of Trustees, said Board of Trustees shall have file following duties and powers: a. To designate a bank to act az a depository, drawer, and disbursement agent of and for the special funds of the Volunteer Division; To designate a Bank Trustee a~ provided in Article IV hereof; To designate an auditor or accountant, or both, to examine the books of accomlt of the Volunteer Division, including ali books relating to the special funds of the Volunteer Division, az said examinations are required by tile State of Minnesota, or City of Columbia Heights, to maintain or obtain all funds necessary to accomplish the goals of the Volunteer Division. Section 3. Investment Agent. The City Clerk-treazurer and City Finance Director :nay, in discretion of the Board of Trustees, be appointed the sole investment agent of the Voltmteer Division special fund or may be appointed agent or agents jointly with other individuals or corporations. Section 4. Investigation of Claims. The Board of Trustees of the Volunteer Division shall investigate and act upon all applications for disability and service pensions and ali oilier claims for relief ..by or on behalf of members of the Division or their beneficiaries. The Board of Trustees'of the Volunteer Division shall select a competent physician who shall advice the Board in its investigations. The physician shall not have a vote on the board. Section 5. President. The Mayor of the City of Columbia Heights shall be designated tile President of the Volunteer Division's Board of Trustees and shall preside at all meethlgs of thc Board, provided, that in the Mayors absence~ the members of the City Council who are present ~hall elect one council member az temporary presiding officer. The Mayor shall have general supervision over the Volunteer Division and its affairs. Section 6. Treasurer. The City Treasurer or Finance Director shall from time to time collect from the City of Columbia Heights and the County of Anoka all funds derived from taxes levied by the City for the Benefit of the Special Fund of the Division and the interest from the investment itself. The City Treasurer shall also collect from the State of Minnesota, all fm~ds m~d interest thereon derived from levies imposed and collected bt' two Board of Examiner meetings, or a combination of two of either meetings, in one year shall be cause for removal as a member oflhe Board o£Exarniners. Section 4. Special Meeling with the Board of Trustees of the Volunteer Division. Special meetings between the Board of Examiners and the Board ofTrnstees o£the Volunteer Division shall be held in the Columbia Heights City Council chan~bers and may be called at any time by the Board of Examiners, upon written request of at least thirty percent o£the members of such Division or upon written request o£the President of the Board ot'~:tus~,. A request shall be delivered to the Columbia Heights City Manager and shall include the agenda l'or the meeting and ~he time and date of the meeting. It shall be the duty of the City Manager to give ali active and~r'e*ti~d members of the Volunteer Division, members of the Board ol'Trustees and ex officio members of the Board of Trustees forty-eight hours written notice of the special meeting. Each active and retired member of the Volunteer Division shall have the duty to keep the City Manager informed in writing o£his current mailing address. The notice shall include the agenda for the meeting and the time and date of the meeting. No business shall be transacted at any special meeting except business stated in the notice. Notices mailed by U.S. mail to the last known address of each active and retired Volunteer Division member and to each member of the Volunteer Division Board of Trustees including ex officio members shall be sufficient to satis£y the requirements of tl~is section provided the notices are posted no later than the fifth day prior to the meeting, not including Sundays or holidays. A special meeting between the Board ol'Trustees and the Board o£Exmniners of the Volunteer Division shall be called no later than fifteen days subsequent to the date the City Manager receives written request for such meeting including the agenda for the n~eeting and the date and time of the meeting. ' Section $. Duties. The Board of Examiners shall be the representative ol' the Volunteer Division members at any meeting with the Volunteer Division Board o£Trustees. Members o1' the Board of'Examiners shall act as advisors to the Board ot'Trustees, but shall not have a vote in ~u~y matters coming before the Board. Section 6. Officers. The members of the Board of Examiners shall elect amongst their members a President, Vice President, Secretary and Treasurer. The President shall be thc presid~g officer at all meetings and shall be the ceremonial head of the Columbia Heights Fire Department Relief Association, Volunteer Division. The Vice President shall serve as president in the President's absence. The Secretary shall record the minutes ot'the annual and special meetings ofthe members of the Volunteer Division and the meetings o£ the Board o£ Exan~iners. The Treasurer shall be the official representative o£ the Board o£ Examiners in all matters involving the General Fund. Section 7. Vacancies. Vacancies in the Board the-Examiners may be filled for the unexpired terms by the remaining Examiners at any regular or special Examiners' meeting, or by a special meeting of the Volunteer Division duly called as provided herein. Section 8. Quorum. A quorum for the transaction orr business at any regular or special meeti~xg of the Examiners shall consist of a majority of the members of the Board. Section 3. Meetings. The annual meetings of the members of the volunteer division shall be o~ Section 4, Special Meetings. Special me, tings of the members ol'the Volunteer Division shall be called by the City of'Columbia Heights City Manager no later than fifteen days subsequent to the date the City Manager receives a written request for such meetings including the agenda for such meeting and setting the time, date and place for such meeting, signed by at least twenty percent of the membership of such division. Meetings of the Volunteer Division membership shall be held at the place designated in the written request for the meeting but in any case shall be held either at the Columbia Heights Fire Department or at the City Council Chmnbers. Section 5. Vote. At every meeting of the members of the Volunteer Division, each member shall be entitled to one vote for or against each proposal, which may properly come before tl~e members at such meeting. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in charge of Ibc vote shall ask for a show of hands.9 Section 6. Preside. The President of the Board of Examiners shall preside at all meetings. The Vice President shall preside in his absence. Section 7. Quorum. A quorum for the transaction of business at any regular or special meeting shall consist ora majority of the members of the Volunteer Division. Article V- Board of Examiners Section 1. Membership. The Board of Examiners shall be composed of 4in-members.V4five members shall be members of the Volunteer Division who shall be elected at the annual meeting of the Volunteer Division. g-. 2::~u-"--'7 ~,£: ~o'I-. '~-.,.,, '.?,-:: --,-.,~-~... ...... :--:-~ "-o ~ ',,~ ...... .......................... :,,, o~c,v.c ycz,-, ~,meaO, sr,'~e membership shall elect at the annual meeting, three members of the Board of Examiners in odd numbered calendar years and two members of the Board of Examiners in even numbered calendar years. e!!g!5!: ~ .~. vh-icio ..... " ~ --..m.:.-':: ~ £-::n =~x, gs;, :.5-: ..... ~'"'" ;" -""-' '"-' "-- ~ Itc ;' ..... wlih fh.. exni~';Cn. .... ,,,,,~'~-' vi'tim m=mb~, a~|~.;,~d ~2,' '.tlc --~ ....... ..... ,%,~ v,"",-,~- "-"'-'---, v,..,, ...... '-':-':--'- Section 2. Regular Meetings. Regular meetings of,he Board of Exanliners shall be held on the second Monday of April, July and October ~l'each year. o ,- o,-k,.-,- J-f ~, r/.,- SecLion ]. Spec. iai race,hags with membex~ of rise volunteer division. Tim members of the Board of Examiners shall attend all meetings of the Volunteer Division membership. Failure to attend any two properly noticed Volunteer Division general membership special meetings or any 9 You may want to add the last few sentences to clarify voting procedures at meetings of the mcmbcrship. 6 Section 8. Trustees. The individuals designated as such by Minn. Stat. §424A.04 and by virtue of elected office, those that qualify as the ex-officio trustee. Section 9. Domestic Relations Order. Any judgment, decree or order (including approval ora property settlement agreemen0 that complies with the provisions of Mitre. Stat. 518.58, 518.58 or$18.611. Section 10. Account. the record of the amounts credited to an individual under the plan, including amounts transferred from the defined benefit pension plan, plus contributions, forfeitures and investment income allocated under the plan. Section 11. Accounting date. December 31. , Section 12. Contribution. the additions to the special fund from fire state aid mid/or municipal contribution. Section 13. Former member, any firefighter who shall cease to meet the requirements o£active service as established by the fire department. Section 14. Member. any firefighter who meets the requirements for active service as established by the fire department and these bylaws. Section 1~. Plan Year. the twelve month period commencing on January I mid ending December31. -- . to .. ,4':,,,.~ ~*~ ,,,-k.-,- ~r,,...,'-,*- /~..-e ,~ lb,~2,.& ~q'"l~*~icle IV- Membership and Meetings ' Section 1. Membership. Members of the Volunteer Division shall be persons who are not regularly entered on the full time payroll of the fire department of the city, ~_ who regularly comply with such rules as may be prescribed bY the Public Safety Director pt Fire Chief of tile City upon delegation by the City Council to such Public Safety Director or Fire Chief o£ the rigl~t to prescribe rules for service by volunteers with the Fire Department of file City, mid who by reason of their status as such volunteers are engaged in hazards of fire fighting, blo person shall be a member of'the Volunteer Division who is not a "member in good standing" as defined by the City Council, which may in its discretion set written standards, upon recommendation ol' the Fire Chief, by which to determine whether a volunteer is a "member in good standing." Section 2. Leave of absentee. A member who is granted a leave of absence from the Fire Department shall automatically be granted a leave of absence from the Volunteer Division. The member shall not lose any service credit for thelyear in which the leave of absence occurred. However, upon a leave of absence of more than six months, the member shall not receive credit for a ftdl year of active service for that year and subsequent years of absence. Such member, upon returning to the performance of suppression duties, shall recommence membership in tile Volunteer Division and adjustments shall be made to the total service credit of the member for subsequent full years of'active service. 8 8 The six month~ is used as an option here. This provision works in conjunction with thc Break in Service Provision in [lie del'tuitions section. Section 3. Beneficiary. Any person or estate entitled under this plan to receive a benefit upon the death ora participant. Section 4. Board of Trustees. The Board of Trustees of the Volunteer Division as specified under Minn. Stat. §424A.04. There shall be flu'ee ex-officio members. The tlu'ee ex officio trustees shall be the mayor, the city administrator, and the chief of the municipal fire department. Section 5. Breaks in Service. A minimum period ofsix consecutive months in which a member does not meet the minimum service requirements as stated in the Fire Department rules and regulations. A member shall not receive a contribution to his or her account for any year in which a break in service occurs. A break in service does not include an approved leave of absence, pursuant to these bylaws or state law. Section 6. Forfeiture. shall be defined as follows: (1) A member who resigr~or retires from the Fire Depariment and has a vested service pension shall forfeit Iris or. her righl',~ny forfeitable, non vested share of the pension. On January I of the year after the member has retired, the member's forfeited share shall be distributed among the active members pursuant to Minn. Stat. §424A.02, Subd.4. If such member should rejoin the fire department, the member shall not have a right to the forfeited portion. (2) A member who retires from the Fire Depariment, who has not met the minimum active service requirements to receive a del'reed contribution lump sum service pension, shall forfeit his or her account balance, as long as the member does not rejoin the fire department within five years of the date on which the member retired. If the member rejoins witifin the above- mentioned period, the member's account shall be reinstated. If the member does not rejoin within the above-mentioned period, the member's forfeited share shall be distributed mnong the active members pursuant to Minn. Stat. §424A.04.6 Section 6. Service Year. For purposes of computing benefits or service pensions payable, a yeaz of service shall be de£med as a period of 12 complete months of active service, which need not be consecutive, on the Fire Department. No volunteer shall be given credit for a year of service unless that volunteer shall have completed an entire and complete year as an active volunteer member in good standing with the Fire Department. No volunteer shall be give credit for service during any periods of disability, medical leave, suspensions or approved leaves of absence. No portions or parts of years may be considered in determining the length of service for purposes of determining eligibility for benefits or amounts of benefits.7 Section 7. Active service. The active performance of fire suppression duties or the supervision of fire suppression duties. The performance of'suppression or supervision of fire suppression duties includes meeting the requirements established by and articulated in the rules and regulations of the Fire Department. 6 Most ofmy clients usually request this section, Ttfis is generally required by statute and gives some olarilication as to how to handle forfeiture. This allows you to limit a member rcceivh~g his or her forfeited interest if he or she returns after five years have past. 7 1 have taken Section 4 of Article VI and included it here in the definitions section. I rewrote it slightly. Note that the law now'allows you to take into account pro rated years of service based on monfl~s. The last sentence may not be necessary. 4 member at the time of the death of the active member or retired former member for at least one year prior to the date on which the member terminated active service and membership.4 Section 2. Fiduciary responsibilily. In the discharge of their respective duties, the officers and trustees shall be held to the standard ofcare enumerated in Minn. Stat. §1 IA.09. In addition, the trustees must act in accordance with Minn. Stat. § 356A. No trustee of the Volunteer Division shall cause the relief Volunteer Division to engage in a transaction, if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: (1) sale or exchange or leasing of any real property between the relief Volunteer Division and a board member; (2) lending of money or other extension of credit between the relief Volunteer Division and a board member or member of the relief Volunteer Division; (3) furnishing ofgoods, services, or facilities between the relief Volunteer Division and a board member; or (4) transfer to a board member, or use by or for the benefit ora board member, of any assets of the relief Volunteer Division. Transfer of assets does not mean the payment of relief Volunteer Division benefits or administrative expenses permitted by law.5 4 This definition is taken directly from state statutes. I find that reference to statutes h~ thc bylaws sometimes helps members, city councils members, attorneys or other members of the public understand statutory limitations much easier as fl~y are reading through your bylaws. Therefore, 1 recommend that you referenc~ the statute when you arc able to give the reader guidm~ce. 5 This language is taken directly from state statute. Article I- Name and Location Section 1. Name. The name of this organization shall be the Columbia Heights Fire Department Relief Volunteer Division, Volunteer Division. Section 2. Location. Its principal office shall be located at 555 Mill Street Northeast, Columbia Heights, Minnesota, 55421. Section 3. Alternative. Other offices for the transaction of business shall be designated at such places as the Board of Examiners may from time to time determine. Article !i- Purpose Section. l: Purpose. This instrument constitutes the Bylaws of the Columbia Heights Fire Department Relief Volunteer Division Volunteer Division, hereinafter referred to as "Voltmtcer Division". 1 adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the relief Volunteer Division. The "Volunteer Division" is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services offirefighting. The objectives of the plan shall be to provide service pensions and ancillary benefits to members and dependants of the Volunteer Division of the Columbia Heights Municipal Fire Department, hereinafter "Fire Department". These bylaws and federal and state laws shall govern all benefits issued by this Volunteer Division. 2 Article i!i- General Definitions3 Whenever used in these bylaws, the following terms shall have the respective meanings set forth below, unless the context clearly requires otherwise, and when the defined meaning is intended, the term is capitalized. Section 1: Surviving spouse. The term "surviving spouse" means any person who was tile dependent spouse ora deceased active member or retired former member living with the I The speeiat law refers to the 'Volunteer Divisic. n." 2 This language is adapted from state statute. The reference to reIiei, Voltmteer Divisions being governmental entities is necessary to ensure that ii'the IRS were to audit you, then it would be clear to the auditor that the relief Volunteer Division is operating as a govermnental plan for purposes of ERISA, the Employee Retirement Income Security Act. Govermnental plaias have fewer regulatory requireanenta; therefore, it is in the Voltmteer Division'a'interest to qualify as a governmental plan. 3 Add the following del'tuitions section to the bylaws. This section provides clarification as to how words are defined in the context of an article contained within a provision. Generally, if the bylaws give a definition to file word, then there is much more guidance to work with, as the board is interpreting the bylaws. However, be careful not to use definitions that are in co~fflict with state statutes. Columbia Heights Volunteer Fire Division Relie~ivision First Draft - Restate~l'~ylaws (Annotated) :.. [Insert da~bffective] RESOLUTION NO. 97- 53 BEING A RESOLUTION Ar)OPTING THE NEW BY-LAWS FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION WHEREAS, the City Council of the City of Columbia Heights established a committee of the Council to meet with the Board of Examiners of thE; Volunteer Fire Relief Association to review pension and by-law concerns and; WHEREAS, it was the joint recommendation of this group to adopt new by-laws which comply with State requirements and; WHEREAS, it was the joint recommendation of this group that the new by-laws provide for a defined contribution pension plan; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the City of Columbia Heights Volunteer Fire Relief Association that the attached by-laws be adopted covering the Columbia Heights Fire Department Relief Association, Volunteer Division. Passed this Offered By: Seconded By: Roll Call: day of ,1997 Joseph S. Sturdevant Jo-Anne Student, Council Secretary 9709111 CITY COUNCIL LETTER Meetinq of: SEPTEMBER 22, 1997 AGENDA SECTION: OTHER ORD I NANCES/RESOLUT101~ sORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION APPROVING THE BY: WILLIAM ELRITE BY: ADOPTION OF THE NEW BY-LAWS DATE: 9/11/97 DATE: FOR THE COLUMBIA HEIGHTS FIRE DEPT. RELIEF ASSOCIATION, VOLUNTEER DIVISION NO: in December of 1995, the Volunteer Fire Department Board of Examiners approached the City Manager requesting some changes in their pension plan, by-law changes, and that the Board of Trustees membership be comprised of members as defined in general Minnesota state statutes, which is the case for all other relief associations in the state of Minnesota. At the present time, there is special legislation whereby the Board of Trustees for Columbia Heights is comprised of the City Council. From this request, in January of 1997 the City Council/Board of Trustees approved a buy-out plan to buy out the current retirees; subsequently eliminating all monthly pensions. The next aspect of the plan was to convert the current defined benefit monthly pension/lump sum plan to a defined contribution. Under the current defined benefit plan, the City of Columbia Heights guarantees a certain benefit to retirees. Under a defined contribution plan, the City commits a certain dollar amount to the plan on an annual basis, and the benefits retirees receive at the time of retirement are based on the funds available in the plan. This type of plan is more comparable to other state pension plans and removes the City from the unknown liability of guaranteeing a specific benefit for the life of the retiree. At the present time, the current by-laws have been rewritten with the assistance of Krista Kay Boston, a private attorney who worked for several years in the pension division of the State Auditor's office. One of Ms. Boston's specialties at the present time under private employment is in the area of fire relief associations. Based on this and the recommendation of Brian Rice, the attorney who aided us previously, Ms. Boston was contacted to rewrite the by-laws. She currently has rewritten the by-laws to incorporate all of the requirements and changes in state statutes, and to place a provision in the by-laws for a defined contribution type pension plan. The way the proposed by-laws are written, the only funds going into the plan on an annual basis are the aid the City receives from the state of Minnesota that is collected on insurance premiums specifically for fire relief association pensions. The by-laws do not provide for any additional contribution on the part of the City. The current amount of aid that is received on an annual basis for this purpose is $54,482. The current proposed by-laws still designates the City Council as the Board of Trustees. On the attached by-laws there are some penned-in changes to the original version completed by Ms. Boston. These changes were proposed by the relief association. I have reviewed them' and do not see any problems with the changes. They at this time have gone back to the attorney for her review and input. Rick Lange did not have a clean copy of the by-laws available at the time of the distribution of this Council Letter. A clean copy should be available by Friday. If not, it is staff's recommendation that this item be tabled until the next Council meeting. City Council Motions: RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 97-52. Being a Resolution of the City Council of the City of Columbia Heights Approving the Adoption of the New By-Laws for the Columbia Heights Fire Department Relief Association, Volunteer Division. Board of Trustees Motions (to be approved when the Board of Trustees meeting is called to order): RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt the resolution adopting new by-laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. P,E$0LUTI ON N0, ~7-53 WE:dh/9709111 COUNCIL ACTION: OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION AUGUST 11, 1997 CALL TO ORDER/ROLL CALL The Mayor called the Board of Trustees Meeting to order at 9:46 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were pre~ent. o APPROVAL OF MINUTES of July 28, 1997 Motion by Peterson, second by Ruettimann to approve the minutes of the July 28, 1997 Volunteer Fire Relief Association. Roll call: All ayes o ACCEPTANCE OF NEW MEMBERS Motion by Peterson, second by Ruettimann to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Katie D. Maruska, Dustin L. Rogne, Randy R. Rogne and Lisa M. Hartwig as members of the Association effective August 1, 1997. Roll call: All ayes ADJOL/RAIMENT Motion by Peterson, second by Ruettimann to adjourn the meeting of the Volunteer Fire Relief Association at 9:48 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary VOLUNTEER RELIEF ASSOCIATION BOARD OF TRUSTEES MEETING SEPTEMBER 22, 1997 1. CALL TO ORDER/ROLL CALL APPROVAL OF MINUTES OF AUGUST 11, 1997 MOTION: Move to approve the minutes of the August 11, Volunteer Relief Association. 1997 3. APPROVAL OF RESOLUTION NO. 97-53 BEING A RESOLUTION APPROVING THE ADOPTION OF THE NEW BY-LAWS FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-53 being a resolution adopting new by-laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. AIDJOLIP_NMENT MOTION: Move to adjourn the Board of Trustees Meeting. WF/j s · 9/22/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: q OTHER ORDINANCES/RESOLUTIONS PUBLIC WORKS ITEM: AUTHORIZATION TO EXECUTE SUB-GRANT BY: K. Young ~ BY: AGREEMENT 7" ~" ~ DATE: 9-15-97 DATE: The attached resolution gives the City Manager authority to sign the necessary agreements and amendments with FEMA for reimbursement of disaster (emergency work) and mitigation (permanent work) expenses. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 97- 49, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 97- /49, being a Resolution requesting FEMA reimbursement of disaster (emergency work) and mitigation (permanent work) expenses. KKY:jb 97-550 COUNCIL ACTION: Resolution No. 97- 45 Resolution authorizing execution of Sub-Grant Agreement for Federal Assistance Under the Infrastructure Program WHEREAS, the City of Columbia Heights suffered damages due to the storms from June 28 to July 27, 1997, and WHEREAS, the City would like to participate in the Federal Assistance under the Infrastructure Program as provided by the Federal Emergency Management Act, NOW THEREFORE BE IT RESOLVED THAT, the City of Columbia Heights enter into a Sub- grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187-DR- MINNESOTA. BE IT FURTHER RESOLVED THAT Walter Fehst, City Manager, is hereby authorized to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of the City of Columbia Heights Datedt~s 22nd Day of September ,1997 Offered by: Ruettimann Seconded by: Jones Roll Call: All ayes CITY OF COLUMBIA HEIGHTS BY: Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22na day of September, 199~, as disclosed by the records of said City in my possession. Seal Jo.-Anne Student Deputy City Clerk CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUB J: DATE: WALTER FEHST, CITY MANAGER KATHY JEAN YOUNG, ACTING CITY ENGINEER WORK SESSION INFORMATION ITEM FEMA RESOLUTION SEPTEMBER 12, 1997 Bill Elrite, Lauren McClanahan, and I attended a meeting today at Anoka County concerning FEMA's Public Assistance (Infrastructure) Program. The meeting was conducted by State of Minnesota and FEMA Representatives. (An overview of the program is attached.) FEMA intends to complete all site visits in Anoka County and determine which "disaster" sites are eligible for funding by September 30, 1997. The site visit for Columbia Heights is scheduled on September 25 at 2:00 p.m. A resolution similar to the one attached will be presented to the City Council at their meeting on September 22. The resolution gives the City tVlanager authority to sign the necessary agreements and amendments with FEMA for reimbursement of disaster (Emergency work) and mitigation (Permanent work) expenses. FUNDING FORMULA 75% Federal Share 15 % State Sham* 10% Sub-grantees Share *State does not match on non-profit organizations ELIGIBLE APPLICANTS ,- State Agencies County, City, Township Governments ,- School Districts Certain Non-Profit Organizations ,- Indian Tribes ELIGIBLE DAI~/IAGES Result of disaster Within designated disaster area occurred within period of incident Responsibility of the applicant to restore/repair Not covered by another Federal Agency IEMERGENCY WORK: Eliminate or lessen immediate threats to, ~ life, public health or-safety, rot threats of significant additional ~ -" ~ ' Category A- Debris Removal Clearance of debris and wreckage from publicly and privately owned land and waters Clean-out of reservoirs, debris catch basins, streams, and opening channels or facilities Category B - Emergency Protective Measures Bracing or shoring to protect structures, boarding up windows Construction of emergency leVees, pumping, sandbagging, and patrolling Search and rescue, fire and Police services, EOC activities, and safety inspectiOns Emergency communication and transportation PERMANENT WORK: Restore eligible facilities to its pm-disaster condition conforming with current codes and standards. . Category C - Road Systems Restoration of damaged road systems such as: - washed out roads - culverts - bridges Category D - Water Control Fa,cilities Flood control, drainage, and irrigation works which are operated, controlled, or maintained by an eligible sub-grantee such as: dams, dikes and levees irrigation works drainage channels debds basins Category E - Public Buildings and Equipment Damaged buildings, building contents and equipment Category F - Public Utilities Repair, restoration, or replacement of water, power, or sewage systems in accordance with current codes, specifications, and standards Category G - Other Repair, restoration, or replacement of park facilities such as playgrounds, swimming pools, boat docks, tennis.courts, picnic tables, etc. Note: This category also used to report items that are not included in the other categories. APPLICANT'S RESPONSIBILITY PREPARING 'FOR THE INSPECTION TEAMS VISIT Identify damage sites prior to inspection teams arrival Compile documentation for all completed work Local representative be prepared to show ALL damage sites to team Local representative assist in developing estimates for work to be completed FEMA equipment rate schedule used for force account Information on insurance coverage Copies of codes or standards to be adhered to 4 SURVEY OF I)AMAGES COST ELIGIBILITY Necessary and reasonable Force Account Costs .-, EEIVIA Equipment Rates (Category A & B - Emergency Work Overtime for permanent employees) Contract Costs DAMAGE StJRVEY TEAM i Federal Inspector- FEMA State inspector - D EM/DOT/D N R/PSV Applicant's Representative DAMAGE SURVEY REPORT: Damage Site - $1,000 Minimum Pre-disaster condition Location, description of eligible work, cost to restore/repair Work already completed - actual costs Work not completed - estimated costs Applicant's concurrence REVIEWAL PROCESS Provided to the Disaster Field -Office Reviewed for accuracy of calculations Reviewed for eligibility criteria Any DSRs not concurred by applicant will be discussed with ali parties PROCESSING OF ASSISTANCE: Project Summary Form · Project Listing Form · Damage Survey Report · Sub-Grant Agreement · Letter of Explanation 6 RECOMMENDED RECORD KEEPING PROCEDURES NOTE: SPECIFIC RECORDS THAT MUST BE KEPT ARE DETERMINED B Y HOW THE WORK IS COMPLETED FILES A separate file folder should be established to coyer the cost to repair/restore a damage site to its pre-disaster condition. Once a DSR has been prepared, then the documentation for each site can be placed in its appropriate DSR file. Any documentation to cover work already completed and work yet to be completed on each §ite should be placed in each DSR's file folder. (labor, equipment, materials forms (~r contractor's invoices) DO NOT GIVE YOUR ONLY COPY OF' YOUR DOCUMENTATION TO THE INSPECTION TEAM FORCE ACCOUNT WORK Appoint someone to begin keeping a record of all disaster related costs. , An account identification system should be established t°-track all disaster related costs. Temporary workers or extra personnel or other jurisdictions resources used. CONTRACT WORK Preference to contractors within the disaster area Normal contracting practices 'should be followed Cost-plus percentage of cost,contracts are not approvable ADMINIST TIVE PROCEDUEE$ ELIGIBLE TIIVIE FRAMES All applicants identified within 30 days of disaster declaration date Additional damage site(s) identified within 60 days of inspection team Appeals submitted within 60 days of notification Emergency work completed within 6 months of disaster declaration date Permanent work completed Within 18 months of disaster declaration date SUB-GRANT AGREEMENT Agreement between State of Minnesota, Division of Emergency Management and sub-grantee (applicant) in order to accept the federal monies ., ;,. Signed resolution that identified the authorized representative MUST be signed by the individUal or individuals identified in the resolution Fully executed before federal mOnies can be disbursed ADVANCEOF FUNDS Small Projects- DSR under $46,000 - Federal monies prior to all work completed Large Projects- DSR over $46,000 - Federal monies advanced based on expenditures at the time of the inspection teams visit . . - Additional advances as documentation provided tO FUNDING OPTIONS: · Alternate Work Permanent Work Chosen when a sub-grantee determines that the public welfare would NOT be best served by restoring the pre-disaSter function of a damaged public facility. Identify alternatE; work and send to SCO for approval and forwarding to FEMA for approval Approved amout3t reduced by 10% Improved Project - Chosen when sub-grantee desires to make improvements, but still restore the pre-disaster function of a facility - Identify improvements and send request to SCO for approval. - Additional monies will not be provided TIME EXTENSION Prior to completion date Identify DSR Provide current status and' reason for delay Date when work will be completed QUARTERLY REPORTS Small Projects Status of Projects Suggest making extra copies of the Project Listing Form to submit on a quarterly basis identifying those projects that have been completed Large Projects Use the Large Project Status Form - Status on large projects are provided to FEMA !2 SUPPLEMENTS Small Projects May be provided if the applicant experiences a significant cost overrun after any underrun monies have been applied Large Projects Final eligible costs are based on actual expenditures 14 CLOSEOUT PROCEDURES Small Projects - Provide when ali wor, k completed: - Completed Project Listing Form (P.4 form) - Signed Certification page from Project Listing Form - Documentation to support remainder of costs to complete the work described on 'DSR: Invoices, contracts, bid documents, proof of payment Small Project Underrun Form indicating how the underrun monies were used Large Project Advise state Infrastructure Team Leader when all work has been completed - DO NOT NEED TO WAIT UNTIL ALL WORK HAS BEEN COMPLETED Final Inspection conduCted to review documentation and damage site(s) Final approved costs based on actual expenditures CITY COUNCIL LETTER Meeting of: 9/22/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: q OTHER ORDI~ANCES/RESOLUTIONS PUBLIC WORKS - ITEM: AUTHORIZE AGREEMENT WITH MN/DOT BY: K. Young~0~ BY: TO INSTALL EVP q" i~ '~ DATE: 9/15/97 DATE: The City Council previously authorized construction of Municipal Project #9505, Phase 1. This consists of the installation of emergency vehicle pre-emption and red LED signal indications at the traffic control signals on T.H.47 from 37th Avenue to 49th Avenue and on T.H. 65 at 37th Avenue. This agreement states Mn/DOT's requirements for the signal modifications. This agreement must be executed before the EVP can be made operational. This is a standard agreement for this type of work and does not change any current operational procedures. Mn/DOT requires a resolution be passed approving the agreement. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 97- qO . there being ample copies available to the Public. RECOMMENDED MOTION: Move to approve and adopt Resolution No. 97- g0 and authorize Agreement No. 76694 with Mn/DOT to install emergency vehicle pre-emption and red LED signal indications at traffic control signals on T.H. 47 from 37th Avenue to 494 Avenue and on T.H. 65 at 37t~ Avenue as presented; and furthermore, to authorize the Mayor and City Manager to enter into the agreement. KKY:jb 97-548 COUNCIL ACTION: RESOLUTION NO. 97- ~o AUTHORIZING AN AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL EMERGENCY VEHICLE PRE-EMPTION AND RED LED SIGNAL INDICATIONS AT TRAFFIC CONTROL SIGNALS ON T.H. 47 FROM 37TM AVENUE TO 49TM AVENUE AND ON T.H. 65 AT 37TM AVENUE WHEREAS, the City of Columbia Heights is installing emergency vehicle pre-emption and red LED signal indications at traffic control signals on T.H. 47 from 37~ Avenue to 49th Avenue and on T.H. 65 at 37a' Avenue, and WHEREAS, Minnesota Department of Transportation Agreement No. 76694 stipulates the requirements for said installation, NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install emergency vehicle pre-emption and red LED signal indications at the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at County State Aid Highway No. 4 (49* Avenue Northeast) - County Road 104 (49th Avenue Northeast), at 44th Avenue Northeast, at County State Aid Highway No. 2 (40th Avenue Northeast), and at 37th Avenue Northeast, and on Trunk Highway No. 65 (Central Avenue) at 37th Avenue Northeast - 37th Avenue Northeast/Rese~xroir Boulevard in accordance with the terms and conditions set forth and contained in Agreement No. 76694, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Dated this 22nd Day of September Off'ered by: Peterson Seconded by: Sturdevant Roll Call: A11 ayes ,1997. CITY OF COLUMBIA HEIGHTS By: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22nd day of September, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 76694 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLLYMBIA HEIGHTS TO Install Emergency Vehicle Pre-emption and Red LED signal indications at the existing Traffic Control Signals on Trunk Highway No. 47 (University Avenue) at County State Aid Highway No. 4 (49th Avenue Northeast) - County Road 104 (49th Avenue Northeast), at 44th Avenue Northeast, at County State Aid Highway No. 2 (40th Avenue Northeast), and at 37th Avenue Northeast, and on Trunk Highway No. 65 (Central Avenue) at 37th Avenue Northeast - 37th Avenue Northeast/Reservoir Boulevard in Columbia Heights, Anoka County, Minnesota. S.A.P. 113-010-07, 113-020-02 and 113-030-01 Prepared by Traffic Engineering ESTIMATED A/~OUNT RECEIVABLE City of Columbia Heiqhts $3~500.00 AMOUNT ENCUMBERED None Otherwise Covered THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Columbia Heights, hereinafter referred to as the "City", WITNESSETH: WHEREAS, Minnesota Statutes Section 161.20 (1994) authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system; and WHEREAS, it is justified and considered mutually desirable to install emergency vehicle pre-emption and Red LED signal indications at the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at County State Aid Highway No. 4 (49th Avenue Northeast) - County Road 104 (49th Avenue Northeast), at 44th Avenue Northeast, at County State Aid Highway No. 2 (40th Avenue Northeast), and at 37th Avenue Northeast, and on Trunk Highway No. 65 (Central Avenue) at 37th Avenue Northeast - 37th Avenue Northeast/Reservoir Boulevard; and WHEREAS, the City requests and the State agrees to provide Emergency Vehicle Pre-emption Systems, hereinafter referred to as the "EVP Systems", as a part of the existing traffic control signal installations in accordance with the terms and conditions hereinafter set forth; and WHEREAS, it is considered in the public's best interest to perform the EVP Systems cabinet modifications with State 76694 --1-- forces and equipment. Such work as described immediately above shall hereinafter be referred to as "State force account work"; and WHEREAS, the City and the State will share in the cost, operation, maintenance and removal of the EVP Systems as hereinafter set forth; NOW, THEREFORE, iT IS AGREED AS FOLLOWS: !. The City shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering". The City shall also perform the construction inspection required to complete the items of work hereinafter set forth, which shall constitute "Engineering and inspection". 2. The City with its own forces and equipment or by contract shall install EVP Systems and Red LED signal indications at the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at County State Aid Highway No. 4 (49th Avenue Northeast) - County Road 104 (49th Avenue Northeast) [System "A"], at 44th Avenue Northeast [System "B"], at County State Aid Highway No. 2 (40th kvenue Northeast) [System "C"], and at 37th Avenue Northeast [System "D"], and on Trunk Highway No. 65 (Central Avenue) at 37th Avenue Northeast - 37th Avenue Northeast/Reservoir Boulevard [System "E"] in accordance with the plan and specifications for State Aid Project No.'s 113-010-07, 113-020--02 and 113-030-01, all at the cost and expense of the City. 76694 --2-- 3. The State will perform the State force account work in conjunction with the City work provided in Paragraph 2. Estimated cost for the State force account work is $3,500.00. City's share is !00 percent. 4. Upon execution and approval of this agreement and a request in writing by the State, the City shall advance to the State an amount equal to its share of the costs as specified in Paragraph 3. The City's costs shall be based on the estimated costs for State force account work. 5. Upon compilation of the actual costs for State force account work, the amount of the funds advanced by the City in excess of the City's share will be returned to the City without interest and the City agrees to pay to the State that amount of its share which is in excess of the amount of the funds advanced by the City. 6. The EVP Systems provided for in Paragraph 2 hereof shall be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a. All maintenance of the EVP Systems shall be done by State Forces. b. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the State's Assistant Division Engineer or his duly appointed 76694 --3-- representative a list of all such vehicles with emitter units. c. Malfunction of the EVP Systems shall be reported to the State immediately. d. In the event said EVP Systems or components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the State, the State shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the City. e. All timing of said EVP Systems shall be determined by the State through its Commissioner of Transportation. 7. All maintenance and operation terms (including timing), and the power provisions of the existing traffic control signals provided for in Paragraph 2, shall remain as provided for in the existing agreements. 8. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State and any and all claims that may or might arise under 76694 --4-- the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the State. 9. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the City and any and all claims ~that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. 76694 --5-- CITY OF COLUMBIA HEIGHTS APPROVED AS TO FORM: City Attorney By Mayor (City Seal) By City Manager STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION Assistant Division Engineer By Assistant Commissioner Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION Assistant Attorney General State of Minnesota By Dated DEPARTMENT OF FINANCE By Dated 76694 --6-- CITY COUNCIL LETTER Meeting of: SEPTEMBER 22, 1997 AGENDA SECTION: OTHER 0RD I NANCES/RESOLUTION ~ORIGINATING DEPT.: CITY MANAGER NO: /"/ FINANCE APPROVAL ITEM: RESOLUTION APPROVING THE BY: WILLIAM ELRITE BY: ADOPTION OF THE NEW BY-LAWS DATE: 9/11/97 DATE:~/?,///?/,~ FOR THE COLUMBIA HEIGHTS FIRE . DEPT. RELIEF ASSOCIATION, VOLUNTEER DIVISION ¢-~i~ In December of 1995, the Volunteer Fire Department Board of Examiners approached the City Manager requesting some changes in their pension plan, by-law changes, and that the Board of Trustees membership be comprised of members as defined in general Minnesota state statutes, which is the case for all other relief associations in the state of Minnesota. At the present time, there is special legislation whereby the Board of Trustees for Columbia Heights is comprised of the City Council. From this request, in January of 1997 the City Council/Board of Trustees approved a buy-out plan to buy out the current retirees; subsequently eliminating all monthly pensions. The next aspect of the plan was to convert the current defined benefit monthly pension/lump sum plan to a defined contribution. Under the current defined benefit plan, the City of Columbia Heights guarantees a certain benefit to retirees. Under a defined contribution plan, the City commits a certain dollar amount to the plan on an annual basis, and the benefits retirees receive at the time of retirement are based on the funds available in the plan. This type of plan is more comparable to other state pension plans and removes the City from the unknown liability of guaranteeing a specific benefit for the life of the retiree. At the present time, the current by-laws have been rewritten with the assistance of Krista Kay Boston, a private attorney who worked for several years in the pension division of the State Auditor's office. One of Ms. Boston's specialties at the present time under private employment is in the area of fire relief associations. Based on this and the recommendation of Brian Rice, the attorney who aided us previously, Ms. Boston was contacted to rewrite the by-laws. She currently has rewritten the by-laws to incorporate all of the requirements and changes in state statutes, and to place a provision in the by-laws for a defined contribution type pension plan. The way the proposed by-laws are written, the only funds going into the plan on an annual basis are the aid the City receives from the state of Minnesota that is collected on insurance premiums specifically for fire relief association pensions. The by-laws do not provide for any additional contribution on the part of the City. The current amount of aid that is received on an annual basis for this purpose is $54,482. The current proposed by-laws still designates the City Council as the Board of Trustees. On the attached by-laws there are some penned-in changes to the original version completed by Ms. Boston. These changes were proposed by the relief association. ! have reviewed them and do not see any problems with the changes. They at this time have gone backto the attorney for her review and input. Rick Lange did not have a clean copy of the by-laws available at the time of the distribution of this Council Letter. A clean copy should be available by Friday. If not, it is staff's recommendation that this item be tabled until the next Council meeting. City Council Motions: RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 97-52.. Being a Resolution of the City Council of the City of Columbia Heights Approving the Adoption of the New By-Laws for the Columbia Heights Fire Department Relief Association, Volunteer Division. Board of Trustees Motions (to be approved when the Board of Trustees meeting is called to order): RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt the resolution adopting new by-laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. RESOLUTION N0, 97'-53 W E:dn/9709111 COUNCIL ACTION: RESOLUTION NO, 97-52 BEING A RESOLUTION APPROVING 'THE ADOPTION OF THE NEW BY-LAWS FOR THE COLUMBIA HEIGHI'S FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION WHEREAS, the City Council of the City of Columbia Heights established a committee of the Council to meet with the Board of Examiners of the Volunteer Fire Relief Association to review pension and by-law concerns and; WHEREAS, it was the joint recommendation of this group to adopt new by-laws which comply with State requirements and; WHEREAS, it was the joint recommendation of this group that the new by-laws provide for a defined contribution pension plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the attached by-laws be adopted covering the Columbia Heights Fire Department Relief Association, Volunteer Division. Passed this Offered By: Seconded By: Roll Call: day of ,1997 Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary 9709 t 11 CITY COUNCIL LETTER Meeting of.' 9/22/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AWARD BID FOR STORM SEWER BY: K. Youngl~L~ BY: REPLACEMENT, MUNICIPAL PROJECT_ _~#9716 DATE: 9/15/97 "" DATE: q//7/f7 On April 28, 1997, Council authorized staff to seek bids to replace the corrugated metal storm sewer pipe extending from LaBelle Pond to 42na Avenue N.E. Plans and specifications were requested by ten companies. Seven sealed bids were received for the bid opening on Friday, September 12, 1997. The bid tabulation is shown on the attached sheet. The low bid is less than the budget amount of $30,000. Staff recommends mvard of the project to Penn Contracting, Inc. RECOMMENDED MOTION: Move to award the Storm Sewer Replacement at LaBelle Park, LaBelle Pond to 42na Avenue N.E., Municipal Project #9716, to Penn Contracting, Inc. of Blaine, Minnesota, based upon their Iow, qualified, responsible bid in the amount of $23,177.00 with funds to be appropriated from Fund 65249499-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KKY:jb 97-546 COUNCIL ACTION: 15" I00' 43rd END PROJECT 520' 1/2 AVE 15" AVE IJJ 12" 12" 20' 42 1 nd 17' 25' (D 12' 12' CONTROL ELEV. S NORMAL - 215.0 HIGH - 216.0 BEGIN -- PROJECT 20' STRUCTURE · ' ~ '~ '~ ' - -~ - . - 18888888888888888 8~88888888888~88 8888888888888888 I ' '~ ' ' '~ '~ .... ~ ' 888~888888888888 8 8 8 8 ~.E dd~dddd~dd~ddd gggggggggggggggg gggggggggggggggoo gggg~ggggggggggg ~~dd~dd~d~d 000000000~000000 000000000~000000 0 oggggggggggggggg gggggggggggggggg gggggggggggggggg O0 0 0 0 C~ 0 O0 ~0 g g CITY OF COLUMBIA HEIGHTS Meeting of: September ~, 1997 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPT.: .~--. CITY MANAGER [i\ APPROVAL NO: q Comm. Devel. Dept. Goodro~J ITEM: APPEAL ~ BY: Tina NO: '~' t DATE: Sept. 3, 199~d Mr. Gerry Herringer is requesting an appeal of a Planning and Zoning Commission denial to allow the use of a vacant Foto-Mat building located at 2107 N.E. 37th Avenue. This structure is located on the same lot as the Apache Chief Movie Theaters. This item was tabled from last months meeting due to a request by City Council for staff to research the Health Department requirements and how a Minneapolis approval was made for a similar building used as a coffee express at Minnehaha and 53rd Avenue in Minneapolis. I spoke with a Zoning Official in Minneapolis and was told that this Foto-Mat in question (on Minnehaha) is a non-conforming use as far as lot size, building size, set-backs and parking. These are the same non- conformities in the Columbia Heights building that occur in the Minneapolis structure. A Special Council Permit was approved in Minneapolis for the use. The tenants of the structure who are currently operating a coffee express shop never received a license by the Health Department only this Special Council Permit back in 1994. Since that time staff changes have occurred at the State Department of Health who is aware of the use of the Foto-Mat building and they have requested that the City of Minneapolis not renew the permit as the City is not in compliance with state health regulations. These regulations include required permanent water and sewer, restroom facilities, warewashing facilities, etc. All counties and cities who operate a Health Department fall under these same regulations. In a letter from Spencer Pierce of the Anoka County Health Department the requirements for any food or beverage establishment are as follows: 1. Permanent plumbed water supply. 2. Permanently plumbed wastewater service. 3. Handwashing facilities connected to approved plumbing. 4. Warewashing facilities connected to approved plumbing. 5. Janitorial facilities connected to approved plumbing. COUNCIL ACTION: \bt\letter\council CITY OF COLUMBI~ HEIGHTS Meeting of: September~, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Comm. Devel. Dept. APPROVAL ITEM: APPEAL BY: Tina Goodroad BY: NO: DATE: Sept. 3, 1997 Page 2 e Adequate, approved storage for food, equipment and other items necessary for operation of the food and/or beverages establishment. e Adequate, approved facilities for handling potentially hazardous 8. Ail equipment must meet the applicable NSF Standards. A copy of this letter is enclosed for your review. Please remember that these requirements are for a food or beverage use only. The appeal case is simply for the use of the building and whether or not the City will allow the use of it. Now, by what the State and County Health Department have told us its clear that no beverage/food use could take place in this building. However, because Mr. Herringer is appealing the Planning and Zoning decision to not allow it for any use the City Council must also make a determination on this appeal. Mr. Herringer has received the most recent request as a coffee to go shop, however someone else may have a non-food/beverage use for the facility. We must keep in mind that this is a non-conforming use as the building is located on the same lot as the Apache Chief Movie Theaters. Section 9.104(4)(6) of the Zoning Ordinance states that there shall be no more than one (1) principle building on one lot. Thus, since this structure is not on its own lot, it is considered non-conforming. The structure has also been vacant since 1993. Section 9.104(3) (f) of the non-conforming section of the Zoning Ordinance states "whenever a non- conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of the ordinance." COUNCIL ACTION: \bt\letter\council CITY OF COLUMEIA HEIGHTS Meeting of: September ~, 1997 AGENDA SECTION: OTHER BUS I NESS ORIGINATING DEPT.: CITY MANAGER NO: ~ Comm. Devel. Dept. APPROVAL BY: Tins Goodroad BY: ~~/~ ITEM: APPEAL q '~ ' t ' NO: DATE: Sept. 3 1997 Page 3 Building official, Mel Collova, has also declared the structure hazardous and substandard as defined in State Statute 463.15 and ordered the building razed. A copy of this letter and the State Statute and sections of the Building Code are included for your review. Mr. Collova based his declaration on the following facts: The structure has remained vacant longer than six (6) months and shall be treated as a new building (UBC 3403.1 and 3403.2). The structure does not have sanitation facilities (sewer and water) (UBC 304.5). The structure does not meet current Energy Code requirements (MN Rules 7670). The structure constitutes a public nuisance know to common law or in equity jurisprudence (302.17 Uniform Code for the Abatement of Dangerous Buildings). Due to the length of time the building has been empty and in non- conformity status, staff recommends denial of this appeal. It has been shown by requirements of the State and County Health Departments that it could not be used for any food purpose. It would also be difficult to find a purpose for it as it is limited by its size. The Planning and Zoning Commission denied this appeal as the property is non-conforming and no sanitary sewer and water exists to the structure. RECOMMENDED MOTION: Move to deny the appeal request as the property is non-conforming and no sanitary sewer water exists at the structure. Recommend to staff that the building be condemned and the condemnation process begin according to the Hazardous Building Statute. COUNCIL ACTION: \bt\letter\council Application For= ~ezoning Variance Privacy Fence Conditional Use Permit SubdiVision Approval Site Plan Approval Other~/~/ 1. Street Address of Subject Property 2. Legal Descr':ption of Subject 3. Applicant: 4. / ! Ow'ne r Phone Zoning: Applicable City Ordinance Number Present Zoning ~~C~ - Present Use Section Proposed Zoning Proposed Use -Ac~c~[ed~ment' a~d S[~ature: ~e ~ders~ed hereby represents upon a~ o~ the penaZ~es o[ ~, ~or ~he pu~ose o~ ~duc~ the C~ty o~ Co~b%a Heights ~o ~ake ~he action here~n requested, that all statements here~ are t~e and 2ha= all work here~n mentioned will be done ~ accordance with =he Ordnances of =he C~ty of Colchis Heights ~d ~he laws .of the State Mister Walter Fehst, Manager City of Columbia Heights 590 40th Avenue North East Columbia Heights, Minnesota 55421 5150 Central Ave. N.E. Columbia Heights, Minn. 55421 July 9, 1997 ,JUL RE: Appeal of P & Z decision CITY OF COLUM,~t^ H, EIGHT~ Dear Mr. Fehst; After some deliberation, I have decided that it is appropriate to appeal to the City Council the denial of my request by the Planning and Zoning Commission at their July 1, 1997 meeting. At issue is the removal of bhe Photo-Mat kiosk at 2107 37th Ave. N.E. because it is deemed to have a "non-conforming" status. Since this letter is reaching you after the July 7 deadline for the July 14 agenda and I will be unavailable for the July 28 and August 11 meetings, it would be appre- ciated if this item could be included in the August 25 meeting agenda. Please advise if this is possible. Thank you for your consideration. Yours truly, RNOKR CO EN9 SER ID:612-$25-6150 SEP 02'97 9:56 No.O05 P.02 COUNTY OF ANOKA COMMUNITY HEALTH dc I~VlRONMENTAL SF~RVlCi~S (6! 2) 422-?063 Anoka County Government Center 2100 3rd Ave., Room 360 Anoka, MN 55303-2264 FAX (612) 323-6150 September 2, 1997 Mol Collova City of Columbia Heights 590 40th Avonue NE Columbia Heights, Minnesota Dear Mr. Collova= 55421 Reference is made to our ¢onverBation of August 25, 1997 concerning requirements for food and beverage establlshmenta. As we discussed, Anoka County Ordinance 80-7 adopts State of Minnesota Rules that apply to Food and Beverage Establishments. The proposed co££eo e~tabli~hm~nt would be governed by the aformentioned rules. Generally, the following requirements apply to all food and beverage establishments. 1. Permanently plumbed water supply. 2. Permanently plumbed wastewater services. 3. Handwashing facilities connected to approved plumbing. 4. Warewashing facilities connected to approved plumbing. 5. Janitorial facilities connected to approved plumbing. 6. Adequate, approved storage for food, equipment and other items necessary for operation of tho food and/or beverage establishment. 7. Adequate, approved facilities for handling potentially hazardous foods. 8. All equipment must meet the applicable NSF Standard. Specifically, and in addition to the above, any food and/or beverage establlshment wishing to operate in the existing former Photomat Building located in the parking lot in front of the movie theater at 2107 NE 37th Avenue in Columbia Heights, would need to provide restroom facilities for employees. I have enclosed a document sent to persons considering submittinq plans for a proposed food and/or b~verage establishment in Anoka County. Please refer to this document for specifications on the required equipment and facilities. Afflrm~tve Actio. 1 Equil Opportunity Employer HNUIKH CU tN¥ YhK IU:blZ-623-blbU 5t-F UE'~K W:b~' No.UU6 F.U6 Please note that Anoka County has a signed delegation of authority agreement with the Minnesota Department of Health. Any change or deviation from the rules and regulations would place Anoka County out of compliance with the terms of that agreement. If you have any questions concerning this matter, please =ontact me at 422-7064. Environmental Health Specialist RNOKR CO ENV 5ER ID:612-323-6150 SEP 02'9? 9:5? No,O05 P.04 ANOKA COUNTY COMMUNITY HEALTH AND SOCIAL SERVICES DEPARTMENT ENVIRONMENTAL SERVICES INSTRUCTIONS ON THE PREPARATION OF PLANS AND SPECIFICATION5 FOR WOOD, BEVERAGE AND LODGING ESTABLISHMENTS Complete pi=ns and specifications tor all new food, beverage and/or lodging establishments as well as expansions or remodelin8 to existing establishments must be submitted to, and approved by, the Anoka County Community Health and 5ociafl Services Department, before construction is begun. The plans must be drawn to scale and must be legible and complete in al! details. One set of plans and specifications must be submitted and must inciude, but not nece~riiy be limited to, the foilowin&: A. The appropriate plan review fee. copy of the menu. C. Food and Beverage Service Equipment: Ail food, bevera§e and hot water generatinB equipment must comply with the appropriate standards of the National Sanitation Foundation. A complete equipment layout and an equipment listing indicating the manufacturer's name and model number or any other information necessary to adequately Identify the equipment. Equipment provided must be adequate and consistent with the use to be conducted in the area. a. Adequate conveniently located handwashin§ lavatories must be provided. RNOKR CO ENV SER ID:612-$25-6150 SEP 02'97 9:58 No.O0$ P.05 A three compartment sink with integral drainboards at both ends must be provided :[or manual washin~ and sanitizing o[ dishes and utensils or a mechanlcaJ dishwasher may be provided. ]:~ el! pots and pans are sized to permit passa§e through dishmachine~ it would be possible to eliminate a three compartment pot and pan sink opera:ion by instaJllng a soak/pre- wesh sink in the soiled dralnboard o~ the dlshwashins fecilit7 with rlnsins and sanJtJzin~ done in the dishmachine. c, A preparstion/produce sink may be necessary. Glasswashin§ ~acillties must cons,~s~ o! at least a four compartment sink with integra[ dralnboards or a waste (dump) sink and a &lasswasher. All open storage of clean dishes and utensils must be et least 18 inches off the floo~' or else enclosed storage provided. All equipment must be installed on approved legs or castersl equipment, indudin~ cabinetry~ must not be [ns:ailed with enclosed bases. ~aste sinks in a bar may not be located in close proximity to a cocEtail station (ice bin) or drainboards for clean glasses. The interior finish o~ the bars, cabinetry, and sa[ad bars must have ~mooth~ easily cleanable~ and no~-absorbent sur[ace. All besting surfaces and exposed edges of shelving in cabinetry must be provided with at least a plastic laminate ~Jnish. RNOKR CO ENU SER ID:612-525-6150 SEP 02'97 9:58 No.O05 P.06 The dishmachine final rinse line must be provided with a pressure gauge installed in an easily-readable location between the pressure reducing valve and th- machine manifold. A petcock shut-.off valve must be installed between the pressure gnuS, and the final rinse line. The dishmachine or i~Iasswasher must be directly connected to the waste piping system. The installation of a floor drain, without a backwater check valve between the dishwasher/glasswasher connection and any other connect[on to the waste piping system must ~Iso be provided. drip trough must be provided for all mix and beverage dispensers. Room Finishes.- Adequate detail must be provided, setting forth the finishes for ali floors, walls and ceilings In food, beverage and lod&in§ establishments. These finishes should be consistent with the use to be conducted in the area and of such material to facilitate housekeeping, longllfe and re~istence to abuse and vandalism. The recommended floor finishes are quarry tile or terrazzo for food preparation and utensil cleansin§ areas, and ceramic tile Jot toilet rooms. The wall-floor juncture must be coved using the same material as the floor finish. 4. Consideration should be given to providln& abrasive quarry tile In traffic areas. Adequate information (elevation and finish detail) must be provided on all cabinetry and bars. k. Adeguate protection must be provided for foods in se[! service areas. D. Plumbin§: All piumbing must be installed in compliance wlth the Minnesota State Plumbing Code. Plans must be submitted showin§ the design of the piumbln8 System and fixtures and appurtenances to be installed. Provisions must be made for floor drains in crltlcaJ areas such as dlshwa~hln§ areas, toilet rooms, food ser¥ice areas, and other areas subject to ~[oodlng type floor cleaning activities. Provisions must be made for indirect waste or other suitable connecT[on from food service equipment. Care must be taken that floor drains are located at the front oc exposed ed§e of equipment to facilitate housekeepin& activities. Floor s[nk~ ma), not be usedl either standard floor drains or ~unne! type floor drains must be provided. Floor drains must be provided for condensate waste lines, draina§e lines, and pressure relie! conductor pipes for water heaters. I! conduit pipes are provided for beverase lines they must extend at least three to four inches above the finished floor elevation at both ends and the annular oper~ing between the beverage Jlnes and the conduit pipe sealed with a hard material and provided with a cleanable finish. RNOKR CO ENV SER ID:612-325-6150 SEP 02'9? 9:59 No.O03 P.O$ Consideration should be §ivan to providin~ floorless walk-in coolers, and using quarry tile as :he fIoor finish. If pre-fabricated met~ ~loors are used, they mus~ be of stainless steel. Walls must be finished to be smooth, easily cleanable and Ii§hr colored in food preparation~ utensil cleansln$~ storage and to[let rooms. Recommended wall ~[lnishes a~e S~azed block~ ceramic tile, concrete block with epoxy or enamel paint o~' fiberglass reinforced plastic panels, T/aL[s of "marlite" (vinyl covered fiberboard/"ma~onite") or dry wall do not maintain the smooth and easily cleanable finish In areas subject to abuse, moisture or heat. Ceilings in food preparation~ utensil cieansi~§ and storage areas must be smooth, light co[oced~ washable, and an unperfo~ated or unflssured surface~ accousticaI tile goes not meet this requirement. Housekeepln&.* Adequate housekeepin& and janitorial lacill:ies must be provided tn the plans, The janitorial iacility should be the floor mounted type. A tank rack of approved design must be provided for the soft drink tanks and the carbon dioxide cylinders must be properly secured, Hoses, etectrica! conduits~ plumbin§ and drain lines underneath equipment must be so installed ~s ~o be up off the floor to faclijtate houseEeepln8 activities. RNOKR CO ENV SER ID:612-323-6150 SEP 02'97 9:59 No.O03 P.O~ annular openings around pipes and other conduits where they pass th~ou§h the and fIoors must be sealed (caulked). Adequate dry storage area must be provided, 6. Information must be provided on the type of sheivin& in storage areas. 7. Information must be provided concernin& refuse storase and disposal. LIg~t[n~ Adequ&te plans and data!! must be submitted showing [i§htin& facilities. At leas: 20 foot candles of lI&ht must be provided on a~! working surfaces and i0 ~oot candles of Ii&hr on al! other surfaces. Enc_Josed fixtures (li§ht shields) must be provided in [ood preparation and utensil cleansing areas including; bevera§e service areas. Ventilation.' Adequate plans and detail concern!ns vent!lot!on and make-up facilities must be provided. The quantity o! air to be exhausted [rom the hood/hoods serving all cooking equipment must be specie!ed. Adequate tempered make-up air must be provided. ~nform~tion must be provided about the type o[ ventilation equJpmen~ to be provided in the kitchen area back draft or canopy type). [:[ the canopy ventilation is used~ then the unit must be of su:ticient size to encompass all area,~ of :he heat &enerat[n& appliances. Information must be provided on how you wi!i comply with the Minnesota Clean Indoor Air Act (see enclosure). HNUKH tU tNg bhK iU:blZ-~Z~-bl~U WEM UZ'WF 1U:UU NO.UUb M.1U V/~ter Supply: The water supply should be obtained from a municipal water supply available. I! a private water supply is necessary~ details of construction of the pump setting, type and capacity of pump, location and capacity of pressure tank and detail o! pump house or pump room must be provided. All old wefts must be property abandoned in accordance with the Mlnnesot~ Department of Health water well construction code. 2. {nformation must be provided on the sanitary quality of private water supplies. Wells must be installed in accordance with the Minnesota Stat~ Health Department Standards. Sewage Treatment and Dlsposal~ Municipal sanitary sewer service must be utilized tf available. If community sanltary sewer service is not available complete plans coverin8 ail aspects of the sewage treatment and disposal ~ystem must be provided. This would include~ but not necessarily be limited to: location~ percolation tests and soil borlnBs, septic tank manufacturer and capacities, soil treatment area size and Jayout~ and construction detail. Sewage treatment systems must be constructed in accordance with the MInnesot~ Pollution Control ^&ency rules. Equipment~ including compressors~ mus~ not be water cooled if an on-site sewase system is used for waste management. Lod~in~ Establishments: Layout of sleeping rooms, showing room size, maximum occupancy, exit to hallways or outdoors, fi~e escapes~ window location~ description of RNUKR CO ENV 5ER ID:612-525-6150 SEP 02'9? 10:00 No.O05 P.11 ventilation and heating equipments and floor and wall finishes must be prov.;ded. Adequate ventilation must be provided in ali bathrooms, Arrangements must be made for providing sanitary glass service. All ice making equipment in public access areas must be dispensing equipment (no open-lTpe [ce bins). The hot water temperature in any public area or guest room may not exceed 130° F. All plans must be submitted to the local community for review by the planning and zoning departments~ building department, and fire marshal!. Complete plans and specifications covering the project should be submitted far enough in advance o! anticipated construction date so that adequate review of the plans may be cart[ed out without delaying anticipated construction and equipment instailation schedules, April !7, 1997 Mr. Walter Fehst City Manager City of Columbia Heights 590 40th Avenue NE Columbia Heights. MN Richard Lord 3444 Benjamin St. NE Minneapolis. MN 55418 Dear Mr. Fehst. Recently I contacted by telephone one of the people in your Building Permit department regarding a vacant drive-through structure (tbrmer Fotomat). My interest in the structure, located at 371h and Benjamin Street. was to start a drive-through coffee hut. I was somewhat dismayed by the reaction of your grumpy empk)ycc. She was terse~ to put it mildly, and did not posses common courtesy. Aside from the apparently preposterous notion that a small business may function adequately in the structure, I was not dealt with on a human level and ~vent away feeling unsatisfied with her rationale, or at least with her manner (or lack thereof), in presenting why the City of Columbia Heights discouraged the productive use of that structure. Is this the philosophy of Columbia Heights. to discourage small/micro business ventures? [ thought this was known as a blue collar community? Several factors were presented to me xvhy the structure is considered "condemned" by the City (then why don't you just condemn it'?- you're needlessly teasing us entrepeneurs) In my conversations with the property owner, it seems that restroom availability to the attendant would be mitigated by use or' the nearby Apache 6 Theater's facilities. My plan calls for no on-site water use and would produce no waste water on-site. The grumpy employee said the structure ~vas not handicapped accessible. HELLO! It's a drive-through structure! I would assume that a challenged person of most any sort could work there, if necessary. I've seen successful drive-through coffee facilities, and this structure is ideal for that purpose. As I tried to explain to the grumpy employee, any int¥ingement on civil code, such as restroom requirements, could be mitigated. Initially, the hours of operation would be limited to morning to noon to take advantage of rush hour coffee needs. A trial period to determine the feasibility of this venture would seem prudent. Please indicate why this structure could not accommodate a thoughtfully-planned drive-through coffee facilitv. Respectfully submitted, Richard Lord PBOTO-MAT KIOSK 5150 Central Ave. N.E. Columbia Heights, Minn. 55421 JUNE 3, 1997 Positioned in front of 2101 37th Ave. Columbia Heights City Council approval granted 2/25/74. Photo-Mat opened in May 1974 and operated continuously thru March, 1987. Hours of operation were 10AM to 8PM M-F and 10AM to 6PM Sat. April 87 thru Sept.1992 Estimated 4 or 5 potential users were directed to the City Staff to discuss their ideas and the process needed for use approval all were rejected summarily by Staff. Included in this group; Sept. 87, a proposal for a parcel handling and mailing drop-off center for which a lease was already signed. OCT. 92 thru MAY 1993 WIPER EXPRESS Drive up windshield wiper service and replacement, washer fluid etc. K.C. Barghini, Owner This business was also initially rejected by Staff, but the City Manager worked with the O~ner-Operator to negotiate resolution of the City's concerns. June 93 to Present Proposal inquires made to the City Staff include: BOX LUNCHES MINI-DONUTS EXPRESSO, CAPPACCINO PERSONAL & HOME SAFETY PRODUCTS EXPRESSO not identified FLOWER SALES CCFFEE TO GO TOM NAGAN 789-6843 SAL DELEO CHAS. & VAL OLSON ROBT. BARNICK DEAN HANSON RICHARD LORD 789-7657 721-6170 788-4393 789-7820 781-9798 None of these inquires and/or proposals met with Staff approval. St~t: 4121 ~t~on. ]1~. :,~ Ci~ ~olubia' goings ~idence .~ S~t: ' City S~: ~ S~on ~lvA. Zip 55J~21 Major Tenantz: Market Variety Number of Satellites : Zip, -~:. ' · Coiv. mbi&' Hoi~stm Zip55421 ~u 17 ' Block ~ct ~ aha. ~a~ ~ At~ ~gal ~ptiom ............................... Other Zo~ng ~O~elal CONSTRUCTION NOTES: LOCATION Building Size 4' x 9' Preparod lly EXHIB IT A CiTY OF COLUMBIA HEIGHTS' (l"") " May 8, 1997 Chef M. and Vivian Herringer 412 t Sdnson Boulevard Columbia Heights, Mn. 5542 l Dear Mr. and Mrs. Her,ringer: An inspection of r. he former Foto Mat building located in the parking lot of the Apache Theaters was conducted on May 2, 1997 and photographs were taken. The results are as 'follows: 1. The structure has remained vacant longer than six months and shall be treated as a new building (UBC 3403.1 and 3403.2). 2. The structure does not have sanitation facilities (UBC 304.5). 3. The structure does not meet current Energy Code requirements .(Mn. Rules 7.670). 4. The sumcture constitutes a public nuisance known to common law or in equity jurisprudence (302(17) Uniform Code for the Abatement of Dangerous Buildings). The structure is declared a hazardous and substandard building as defined in State Statute 463. I5 and you are ordered to raze the structure including the foundation within 60 days of the dare of this notice (July 7, 1997). A demolition permit.will be required to be obtained from this office, by your contractor prior to the demolition. Please contact this office within thirty (30) days of receipt, of this letter to discuss options available to you. I may be-reached at 782-2818. ' " .Mel Collova ' ' · Building Official #1727 g.~ 463.09 to 463.13 Repealed 463.09 to 463.13. LOCAL GOVERNMENT POLICE POWERS Repealed by Laws 1976, c. 44, § 70, eft. March 13, 1976 I-Iistortcal and Statutory Notes These sections were omitted from Minn.St. 1969, by the revisor of statutes. Section 463.09 authorized cities of 20,000 to 50,000 to enact regulations pertaining to fire protection of buildings within the city. It was derived from: St.1927, § 1644. Gen. St. 1923, § 1644. Laws 1917, c. 190, § 1. Section 463.10 related to inspection of con- struction work within the city. tt was derived from: St.1927, § 1645. Gert.St. 1923, § 1645. Laws 1917, c. 190, § 2. Section 463.11 related to the appointment, powers and duties of building inspectors. It was derived from: St.1927, § 1646. Gcn.St. 1923, § 1646. Laws 1917, c. 190, § 3. Section 463.12 related to the scope of inspec- tions. It was derived from: St. 1927, § 1647. Gert. St. 1923, § 1647. Laws 1917, c. 190, § 4. Section 463.13 related to the powers of in- spectors. It was derived from: St.1927, § 1648. Gen. St. 1923, § 1648. Laws 1917, c. 190, § 5. Laws 1917, c. 190, coded as sections 463.09 to 463.13, was repealed by Laws 1976, c. 44, 470. Laws 1976, c. 44 contained a stated purpose indicating that the act would revise the munici- pal laws as an outgrowth of the adoption of Laws 1973, c. 123, as amended by Laws 1974, c. 337, converting all villages, boroughs, and cities operating under general and special laws into statutory cities operating under Minnesota Statutes, chapter 412. (See Historical Note un- der section 410.015 for complete statement of purpose.) HAZARDOUS AND SUBSTANDARD BUILDINGS 463.15. Definitions Subdivision 1. For purposes of sections 463.15 to 463.26 the terms defined in this section have the meanings given them. Subd. 2. Building. "Building" includes any structure or part of a struc- ture. ~ Subd. 3. Hazardous building or hazardous property. "Hazardous build- ing or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonmefit, constitutes a fire hazard or a hazard to public safety or health. Sub& 4. Owner, owner of record, and lien holder of record. "owner of record," and "lien holder of record" means a person having a or interest in property described in subdivision 3 and evidence of which filed and recorded in the office of the county recorder or registrar of tides the county in which the property is situated. Laws 1965, c. 393, § 1, eft. May 12, 1965. Amended by Laws 1967, ¢. 324, § May I1, 1967; Laws 1976, c. 181, § 2; Laws 1989, e. 328, art. 6, §§ 5, 6. Historical and Statutory Notes The 1967 amendment added subd. 4. The 1989 amendment inserted the The 1976 amendment changed the title ot~ to baTardous property in subd. 3; mad, registrar of deeds to county recorder. 494 cted in .'ks and n other tare the ommis- ~ define e of the on shall tall pass ~demna- he same .ce exist- chase or rS FOR ,N, PAY- all be the ~e, which :aken and t List duly $ the case rice of the f the park m full and ~e. As sooa mioners 0~ ty be, shall · which tl~ list for :Is of land,' ~je~t to be S6 c$ BUILDING LINE EA~EM~ BUILDING REGI. rLATION.~ A..ND I.{AZARDOU~ BUILDINGS 463.10 MS 1967 463.11 MS 1967 463.12 MS 1967 463.13 MS 1967 [Repealed, 1976 c 44 s 70] [Repealed, 1976 c 44 s 70] [Repealed, 1976 c 44 s 70] [Repealed, 1976 c 44 s 70] HAZARDOUS A. ND SUBSTANDARD BUILDINGS 463.15 DEFINITIONS. Subdivision 1. Coverage. For purposes of sections 463.15 to 463.26 the terms defined in this section have the meanings given them. Subd. 2. Building. "Building" includes any structure or part of a structure. Subd. 3. Haynxdous building or ha:,nrdous property. "Hazardous building or haz- ardous property" means any building or property, which bemuse of inadequate mainte- nance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to pu~c anxiety or health. - Subd. 4. Owner, owner of record, and lien holder of record. "Owner,' "owner of mc- ord." and "lien holder of record" means a person having a fight or interest in property described in subdivision 3 and evidence of which is filed and recorded in the office of the county recorder or registrar oftittes in the county in which the property is situated. History: 1965 c 393 s I; 1967c 324 s 1:1976 c 181 $ 2; I989 c $28 art 6 s 5,6 463.151 REMOVAL BY MUNICIPALITY; CONSENT; COST. The governing body of any city or town may remove or raze any hazardous build- ing o.r remove or correct any hazardous condition of real estate upon obtaining the con- sent tn writing of all owners of record, occupying tenants, and all lien holders of record; the cost shall be charged against the real estate as provided in section 463.21, except the governing body may prov/de that the cost so assessed may be paid in not to exceed five equal annual installments with interest thereon, at eight percent per annum. History: 1967 c $24 s 2; 1974 c 341 s 1 463.152 EXERCISE OF E~MINENT DOMAIN. Subdivision I. Purpose, public interest. In order to maintain a sufficient supply of adequate, safe, and sanitary housing and buildings used for living, commercial, indus- trial, or other purposes or any combination of purposes, it is found that the public inter- ~-t requires that municipalities be authorized to acqu/re buildings, 'real estate on which buildings are located, or vacant or undeveloped real estate which are found to be haz= ardous within the meaning of section 463.15, subdiv/sion 3, and the acquisition of such buildings and real estate is hereby declared to be a public purpose. Subd. 2. Acquisition; procedure. In furtherance of the public policy declared in sub- division 1, the governing body of any city or town may acquire any hazardous building, real estate on which any such building is located, or vacant or undeveloped real estate by eminent domain in the manner provided by chapter I 17. History:. 1974 c 341 s 3; 1976 c 2 s 140 OR REMOVAL OF ~US BUILDING; HAZARDOUS COlVOITIONS. governing body of any city or town may order the owner of any hazardous or property within the municipality to correct or remove ihe ha?ardous condi- or property or to raze or remove the building. l'Iiatory: 1965 c 393 s 2:1973 c 123 art 5 s 7; 1989 c $28 art 6 ~ 7 t' C C 1994 UNIFORM BUILDING CODE 3401-..'1403.2 Chapter 34 EXISTING STRUCTURES SECTION 3401 -- GENERAL Buildings in existence at the time of the adoption of this code may have their existing use or occu- pancy continued, if such use or occupancy was legal at the time of the adoption of this code, pro- vided such continued use is not dangerous to life. Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 109 and 3405 of this code. For existing buildings, see Appendix Chap[er 34. See also Section 101.3. For a comprehensive code and guidelines on the treatment of existing buildings, see Uniform Code for Building Conxervation. SECTION 3402 -- MAINTENANCE All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. Ail devices or safeguards which are required by this code shall be main- rained in conformance with the code edition under which installed. The owner orrhe owner's desig- nated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the building official may cause a structure to be reinspec[ed. SECTION 3403 -- ADDITIONS, ALTERATIONS OR REPAIRS 3403.1 General. Buildings and smuctures to which additions, alterations or repairs are made shall comply with all the requirements of this code for new facilities except as specifically provided in this section. See Section 310.9 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies. 3403.2 When Allowed. Additions. alterations or repairs may be made to any building or strucmre without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condi- tion shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egTess in com- pliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. ,~my building so altered, which involves a change in use or occupancy, shall not exceed the height, num- ber of stories and area permitted for new buildings. Any building plus new additions shall not ex- ceed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in flail compliance with the provisions of this code except when such addition or alteration will result in the existing building or structure being no more hazardous based on life safety, fi_resafety and sanitation, than before sUCh additions or alterations are undertaken. (See also Section 307.11.3 for Group H, Division 6 Occupancies.) IgXClgPTION-' Alterations of existing structural elements, or additions of new sn-uctu~ element, w~ch . are not required by Section 340 l and which are initiated for the purpose of increasing the lateral-t'orce-re~isfing strength or stiffness of aa existing structure need not be designed for forces conforming to these regulations provided that aa engineering analysis is submitted to show that: 1-385 f 3403.2-34a5 1994 UNIFORM BUll. DING CODE I. The capacity of existing structural eiements required to resist forces is not reduced~, and 2. The lateral loading to required existing su'uctural elements is not increased beyond their capacity, and 3. New structural elements are detailed and connected to the existing structural eiements as required by these regulations, and 4. New or relocated no'structural elements ar~ detailed and connected to existing or new structural ele- ments as required by these regulations, and 5. An unsafe condition as defined above is not created. 3403..3 Nonstructurat. Alterations or repairs to an existing building or smacture which are non- structural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or smac- rare is constructed. 3403.4 Glass Replacement. The installation or replacement of glass shall be as required for new installations. 3403.$ Historic Buildiugs. Repairs. alterations and additions necessary for the preservation, res- toration, rehabilitation or continued use of a building or structure may be made without confor- mance to ail the requirements of this code when authorized by the building official, provided: I. The building or structure has been designated by official action.of the legally constituted au- thority of this jurisdiction as having special historical or arohitectural-signiticance. 2. Any unsafe conditions as described in this code are corrected. 3. The restored building or structure will be no more hazardous based on life safety, Fn-es~ety and sanitation than the existing building. SECTION 3404 -- MOVED BUILDINGS Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. SECTION 3405 -- CHANGE IN USE No change shall be made in the character of occupancies or use of any building which would place the building in a different division of the same group of occupancy or in a different ~oup of occu- pancies, unless such building is made to comply with the requirements of this code for such division or g'roup of occupancy. EXCEPTION: The character of the occupancy of existing buildings may be changed subject to thc al>- proval of the building official, and the building may be occupied for purposes in other groups without con/orm- lng to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fir~ risk. than the existing use. No change in the character of occupancy of a building shall be made without a certificate of occu- pancy, as required in Section 109 of this code. The building official may issue a certificate of occu- pancy pursuant to the intent of the above exception without ce~if-ying that the building complies with all provisions of this code. 7 1--386 304.2.1-304.8 1994 UNIFORM BUILDING CODE Such occupancies shall not exceed, in area or height, the limits specified in Sections 504, 505 and, 506 and shall comply with the provisions of this section. 304.2.2 Special provisions. 304.2.2.1 Laboratories and vocational shops. Laboratories and vocational shops in buildings used for educational purposes, and similar areas containing hazardous materials, shall be separated from each other and other portions of the building by not less than a one-hour fire-resistive occupan- cy separation. When the quantities of hazardous materials in such uses do not exceed those listed in Table 3-D or 3-E, the requirements of Sections 307.5 and 307.8 shall apply. When the quantities of hazardous materials in such uses exceed those listed in Table 3-D or 3-E, the use shall be classified as the appropriate Group H Occupancy. Occupants in laboratories having an area in excess of 200 square feet (18.6 m2) shall have access to at least two exits from the room and all portions of the room shall be within 75 feet (22 860 mm) of an exit. 304.2.2.2* Amusement buildings. Amusement buildings with an occupant load of less than 50 shall comply with Section 408. 304.3 Location on Property. For fa'e-resistive protection of exterior walls and openings, as de- terrnined by location on property, see Section 503 and Chapter 6. 304.4 Access and Exit Facilities. Exits shall be provided as specified in Chapter 10. See also Sec. tion 304.2.2.1 for exits from laboratories. Access to, and egress from, buildings required to be accessible shall be provided as specified in Chapter 11. 304.5 Light, Ventilation and Sanitation. Light, ventilation and sanitation shall be in accordance with Chapters 12 and 29 and this section. 304.3.i Ventilation of flammable vapors. See Section 1202.2,2 for ventilation of flammable vapors. 304.3.2 Sanitation. The number ofptumbing fixtures shall not be less than specified in Section 2902.3. 304.6 Shaft and Exit Enclosures. Exits shall be enclosed as specified in Chapter 10. Elevator shafts, vent shafts and other openings through floors shall be enclosed, and the enclo- sure shall be as specified in Section 711. in buildings housing Group B Occupancies equipped with automatic sprinkler systems through- out, enclosures need not be provided for escalators where the top of the escalator opening at each story is provided with a draft curtain and automatic fire sprinklers am installed around the perimeter of the opening within 2 feet (610 mm) of the draft curtain. The draft curtain shall enclose the perim- eter of the unenclosed open/ng and extend from the ceiling downward at least 12 inches (305 mm) on all sides. The spacing between sprinklers shall not exceed 6 feet (1829 mm). 304.7 Sprinkler and Standpipe Systems. When requirod by Section g04.2.1 or other provisions of this code, automatic sprinkler systems and s _tandpipes shall be installed as specified in Chapter 9. 304.8 Special Ha:,ards. Chimneys and heating apparatus shall conform tothe requirements of Chapter 31 of this code and the Mechanical Code. 'Stomge and use of flammable and combustible liquids shall be in accordance with the Fu-e Code. · Devices generating a glow, spark or flame capable of igniting fla~nmable vapors shall be installed such that sources of ignition are at least I8 inches (457 mm) above the floor of any room in which Class I flammable liquids or flammable gases are used or stored. 1994 UNIFORM BUILDING CODE 2~01-2902.6 C Chapter 29 PLUMBING SYSTEMS C SECTION 2901 -- PLUMBING CODE Plumbing systems shall compiy with the Plumbing Code. SECTION 2902 -- NUMBER OF FIXTURES 2902.1 General. The number ofplumbing fixtures within a building shall not be less than set forth in Section 2902. 2902.2* Group Ax Occupancies, In Group A'Occupancies at least one lavatory fo? each two water closets for each sex shall be provided at an approved location. At least one drinking fountain shall be provided at each floor level in an approved location. EXCEPTION: A drinking fountain need not be provided in a drinking or dining establishment. For other requirements on water closets, see Sections 806 and 2903 and Chapter I 1 for access to water closets ~~unmins. · 2902.3 Groul:~ B/F, ~ ,M~hnd S Occupancies. La Groups B, F, H, M and S Occupancies. buLId- ings or portions }l'(ereof w'F/ere persons are employed shall be provided with at least one water closet. Separate facilities shall be provided for each sex when the number of employees exceeds foun Such toilet facilities shall be located either in such building or conveniently in a building adjacent thereto 'on the same property. Such water closet rooms in connection with food establishments where food is prepared, stored or served shall have a nonabsorbent interior finish as specified in Section 807.1, shall have hand- washing facilities therein or adjacent thereto, and shall be separated from food preparation or stor- age moms as specified in Section 302.6. For other requirements on water closets, see Section 2903. 2902.4 Group E Occupancies. Water closets shall be pmvided on the basis ofthe following ratio of water closets to the number of students: Boys Girls Elementary Schools ........................ 1:i00 1:35 Secondary Schools ......................... i: t00 1:45 La addition, urinals shall be provided for boys on the basis of 1:30 in elementary and secondary schools. There shall be provided at [east one lavatory for each two water closets or urinals, and at least one drinking fountain on each floor for elementary and secondary schools. (,..~ . For other requirements on water closets, see Sections 806 and 2903. 2902.5 Group I Occupancies. In Group [ Occupancies, sanitation facilities for employees shall .. "b~. provided as specified in Section 2902.3. Additional sanitation facilities shall be provided for : other occupants when the facilities for employees are not accessible to' such other occupants. For other requirements on water closets, see Sections 806 and 2903. · · -..- --' '2902.8 Group R Occupancies. Buildfiags classified as Group R OccuPancies sh~Ll be provided L:- with least closet. Hotels subdivisions thereof where both am accommodated at one water or sexes shall contain at least l:wo separate toilet facilities which are conspicuously identified for male or ' female use, each of which contains at least one water closet. 1'--3~ CITY COUNCIL LETTER Meetinq of: SEPTEMBER 22. 1997 AGENDA SECTION: OTHER BUS I NESS ORIGINATING DEPT.: CITY MANAGER NO: FINANCE A P P P.,O,¥A ~, .,~'~/ , ITEM: NO: ~. ~, ~ . DATE: 9/11/97 This subject was discussed at the work session on September 4tho The purpose of this Council letter is to provide some additional information and history to enable the City Council to make a final decision. The 1995 budget included the MIS department and the new MIS position. Ed O'Donnell was hired into this position in Mamh of 1995. When this position was established, it was established as a very entry level MIS Coordinator position. Currently, the maximum salary range for this position is $36,744 to $41,760. Competitive positions in other cities and private business are at a pay rate of close to $60,000 for this type of pos'rtion. When we established this position we were well aware that we were creating a very entry level position, and at this pay rate we could only expect to hire persons with entry level knowledge, and anticipate high turnover in the position. However, being highly conservative, it was felt that this would service the needs of the City, was a significant improvement over not having any MIS staff, and that the department and position could be reviewed in the future and adjusted as needed. The primary duties of the MIS Coordinator are in the area of system hardware and software maintenance, training of staff, and resolving staff computer problems. Currently, the City has Novell network file servers in all major functional areas, which include the Library, Public Works, Recreation, City Hail, Administration, and the Police Department. These network file servers are tied together primarily by fiber optic cabling running between the buildings, and attached to these file servers are approximately 60 personal computers (PCs). Maintaining these network file servers and PCs in itself is almost a full time job as there is a constant need for repairs, hardware updates, and software upgrades. With the rapidly changing technology in hardware and software, there are constant upgrades needed to keep the system operating at even a minimal level of efficiency. Along with the new upgrades to hardware and software, there is a significant amount of training that must be provided to staff. In addition to these basic functions, the major role in establishing and coordinating the City's optical imaging program has fallen on the MIS Coordinator, which includes organizing the system, training staff, and coordinating operations between departments. To help alleviate some of the backlog in the workload, Alex Edwards, the City receptionist who was hired in July of 1994, has been trained as a backup to fill in when Ed is absent, and to carry out some of the primary duties. In the last year, due to an injury, the Meter Reader was placed on light duty and has been able to pick up some of Alex's regular day to day duties, freeing up more of his time to work on MIS computer duties. With the assistance of Ed and Alex, we are gaining significant momentum in getting the optical imaging system up and running. By the end of September, all Council minutes going back to the inception of the City will be on the system. The system allows us to do a word search, phrase search, or basically any type of search we need to perform to obtain information. Having the Council minutes on the system will be of great, great benefit to staff and the Council in the fact that frequently questions come up as to when the Council discussed this, what happened, etc. We now will be able to search and pull up all references to a specific phrase, item, or transaction. For example, recently there was some question by the Council as to City copiers and maintenance contracts. I did a search through optical imaging on this subject and instantly found all references in the Council minutes as to when the Council had discussed copiers, approved purchasing copiers, and maintenance contracts. I was able to gather complete information in approximately 15 minutes, whereas had I or my staff had to search the minutes and the histories manually, there is no doubt it would have taken at least a day to come up with the same information that I was able to retrieve in 15 minutes. (CONTINUED) COUNCIL ACTION: CiTY COUNCIL LE'I-FER Meeting of: SEPTEMBER 22, 1997 MANAGER AGENDA SECTION: OTHER BUS i NE$$ ORIGINATING DEPT.: CITY PRO~/AL~' NO: ~.~ , FINANCE // NO: ~ o~,, ~ DATE: 9/11/97 DATE: All of this brings us to the current status of the MIS department. Ed has gained two years' experience in the MIS field, which makes him an excellent candidate for MIS positions paying $50,000 to $60,000 outside of the City. In addition, Alex, who we have trained as a backup to Ed, has taken several outside classes and received several certifications in different computer processes, making him a high level candidate for outside positions that pay $10,000 to $15,000 more than his current annual pay rate of $25,000. As both of these individuals have developed skills that qualify them for significantly higher paying jobs on the outside, and whereas these are the only two individuals the City has with skills and knowledge of our computer system, it is my recommendation to at a minimum create a second MIS Coordinator position for Alex (with the understanding that this position would be advertised in-house and we would hire the best applicant). This, hopefully, will provide us with additional benefits of improving and enhancing our current system and providing more training to our current users while we have the two individuals onboard, and will provide ongoing continuity should Ed (who has the higher skill level) leave the City for another position. if both of these individuals were to leave at the same time, the City would be left with hiring an outside consultant at a rate of approximately $90 per hour to maintain the City networks and hardware. In addition, we would see a significant reduction in productivity due to not having anyone in-house to provide training and resolve day to day software and hardware problems. Also, we would more than likely experience significant delays in implementing the optical imaging system. At the work session on September 4th, the concept and feasibility of promoting the Receptionist to an MIS Coordinator position and not refilling the Receptionist position until the end of the year was discussed. I have reviewed this in more detail with June Johnston, and it is our position that as long as we do not have other vacancies in the Finance Department and the meter reader continues in a 20 hour/week light duty capacity, we could fill the remaining 20 hour vacancy on the switchboard with current staff and a slight increase in hours for some of the current part-time employees. This, however, would only be feasible until the end of the year. For the beginning of 1998, with the exter~sive staff hours that are required for the audit, it would not be feasible, and would necessitate filling the Receptionist position, as would be the case when the meter reader finds other employment and we no longer have the light duty hours available. Based on the above, it is staff's recommendation to create a second MIS Coordinator position and fund this position from unused budget appropriations (fund balance) in the MIS Fund (720), and that the continuance of two MIS positions in the MIS Department be reviewed as part of the 1998 budget process. RECOMMENDED MOTION: Move to authorize the creation of a second MIS Coordinator position, and to authorize the filling of this position. WE:dn 9709112 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/22/97 AGENDA SECTION: OTHER BUS I NE S S ORIGINATING DEPARTMENT: CITY MANAGER ITEM: CHANGE ORDER FOR 44TM AVENUE. BY: I~ Young~ BY: PROJECT #9412 t~ ~.~ .~ DATE: 9/22/97~ DATE: ~//,' 7'/~ 7 Staff has prepared a Change Order for the project on 44th Avenue. The Change Order added tree removal at six locations to accommodate the sidewalk and retaining wall construction as well as provided for planting three additional trees. The additional costs will be available in State Aid Funds. RECOMMENDED MOTION: Move to authorize Change Order No. 4 in the amount of $1,570.00 to Ron Kassa Construction. KKY:jb 97-547 COUNCIL ACTION: STATF. I I"NF.$gTA DEPABTNIENT OF TRANSPOBTATION CHANGE OBDER ., 4 e~ Ron Kassa Construction Add,,,, 7438 Upton Ave., Richfield, Jol~ Locatlg-44th Ave. N.E., Columbia Heights, MN 113-104-10 $.PJ~,. Remove additional trees to accommodate sidewalk and retaining wall construction. Tree Dia.' Station & Offset 6" 16+42, 9.5'~Lt- 4" 23+19, 1.7' Lt. 4" 24+52, 2.5' Lt. 12" 25+85, 1.2' Rt. 12" 27+88, 0.8' Lt. 12" 28+22, 0.4' ~t. Plant three additional trees. ESTIMATED CHANGE IN COST CONTRACT! ITEM HO. ITEM HAME UNIT QUANTITY UNIT PRICEI AMOUNT '2101.502 Clearing Tree, 4" Dia. Tree 2 32.00 64.00 2101.502 Clearing Tree, 6" Dia. Tree 1 48.00 48.00 2101.502 C%earing Tree, 12" Dia. Tree 3 96.00 288.00 2101.507 Grubbing Tree, 4" Dia. Tree 2 8.00 16.00 2101.507 Grubbin~ Tree,~6'' Dia. Tree 1 · 12.00 12.00 2101.507 Grubbing Tree, 12" Dia. Tree 3 24.00 72.00 2571.502 Hackberry, Common 2.5" Cal B&B Tree '1 250.00 250.00 2571.502 Honeylocust, 2.5" Cal B&B Tree 1 250.00 250.00 2571.502 Linden, Redmond 4~5" Cal B&B Tree 1 570.00 570.00 TaTAr 1,570.00 CHANGE IN CONTRACT TIME Due lO t'~J$ change t~e Conlra¢! Time: a. is decreased ( } Calenda~ ( ) b. is not c~anged (X)- effected ~e controlling operalio. (). COpY to Contr. Admin. Engr. -- Salmon COPy lo ~atcrialsOffi~--Gol~ntod C1QT' S. Approved by' Dote CITY COUNCIL LETTER Meeting of: 9/22/97 AGENDA SECTION: q ~ ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ~ WATER MAIN CLEANING AND LINING DATE: 9/22/97 DATE: ~.. As part of the water main cleaning project, a valve was installed at the intersection of Stinson Boulevard and Chalet Drive. The condition of the water main at that location is good. At a later time, the 90' bend in the water main was removed at the intersection of Argonne Drive and Stinson Boulevard. The diameter of the pipe is essentially reduced in half at this location. The contractor is presently working on the project and should be completed by the end of the week. Staff recommends the section of water main on Stinson Boulevard from Argonne Drive to Chalet Drive be cleaned and lined as part of the Argonne Drive project. Staffis negotiating the cost with HERC. The maximum cost will be $27.95 per lineal foot or a total of $8,385. RECOMMENDED MOTION: Move to authorize Change Order #1 for Argonne Drive water main cleaning and lining to HERC Products Inc. for a total of $8,385 with funds to be appropriated from 65149449-5130. KKY :jb 97-559 COUNCIL ACTION: n GA38 NC)SN IJ_$ O9 © n '~ 3NINN2d CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Marlaine Szurelc, Chair James Fowler Russ Paulson Gary Peterson PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF SEPTEMBER 2, 1997 The Planning and Zoning Commission meeting of September 2, 1997 was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Paulson, Fowler, Peterson and Szurek. Aisc present were Tina Goodroad (Zoning Coordinator), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Paulson, seconded by Fowler, to approve the minutes from the Planning and Zoning Commission meeting of August 5, 1997 as presented in writing. Voice Vote: All Ayes. Motion Carried. NEW BUSINESS: Petitions, letters and requests. Public Hearing Variance Case #9709-31 Columbia Heights Mall 4001 Central Avenue N.E. Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Patrick Fisher, Manager of Columbia Heights Mall, for a request for a sign variance to add a second freestanding sign at the Columbia Heights Shopping Center at 4001 Central Avenue for a proposed new tenant, NAPA Auto Parts Store, who is currently looking at leasing space on the north side of the mall where Marshall's was located. She indicated that the site plan shows the proposed location of the second freestanding sign. The site plan also shows the area that would be leased by NAPA. This side of the mall (north side) does not face Central Avenue. She stated that this is also the reason Mr. Fisher is requesting the variance as he feels this space is "almost hidden from traffic". Mr. Fisher claims he has had difficulty with getting a tenant interested in this space due to the lack of visibility and that additional signage is the only way to resolve this problem. Ms. Goodroad stated that Mr. Fisher is also requesting letters on the building for this space. She directed the Commissioners attention to drawings with dimensions for the proposed pylon sign and wall signage. She informed the Commission that symbols and lettering are counted in the total signage, any decorative bans or neon lights are not included in the count. Ms. Goodroad stated that when considering a sign variance, the type of signage allowed by ordinance and amount of existing signage on site must be researched. She indicated that the Sign Ordinance is designed to permit certain signs based on the zoning district and type of building. This Ordinance also puts restrictions as far as total square footage allowed on these permitted signs. She informed the Commission that Section 9.117A(9)(iv) deals with shopping center signage specifically and allows "one area identification sign for each shopping center not to exceed one hundred (100) square feet per surface and limited to four surfaces; one wall sign for each primary use business, not to exceed one hundred (100) square feet per surface and limited to one surface". She stated that this section of the Sign Ordinance is the only language that deals with shopping centers. Specifically, this is the language used in determining this variance request. The Ordinance allows an identification sign for the shopping center, but does not mention using this sign to list each THE CITY OF COLUMBIA HEIGHTS E)OEB NOT DISCRIMINATE ON THE BASIB OF BISABILItY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOF~TUNiT¥ EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES SEPTEMBER 2, 1997 PAGE 2 and every tenant. An identification sign is defined in Section 9.117A(1)(z) as "a sign which is limited to the name, address and number of a building, structure, institution, or person in addition to the activity carried on in the building, structure or institution, or the occupation of the person". She stated that the intent of the identification sign is to identify the mall and its location. The wall signage allotment per tenant is to advertise the location of each business within the shopping center or mall. She felt a business located in the mall could use that as their address and location for their customers. Once customers see the identification sign, they would know the business is in this mall and the wall sign would guide them to the appropriate location. She stated that shopping centers and malls are not designed to have a separate pylon sign for each tenant. Ms. Goodroad stated that, with the understanding that one area identification sign is allowed along with one 100 square feet maximum wall sign for each tenant, we must review the restrictions to this request. First of all, the identification sign is limited to 100 square feet. She stated that the building permit records indicate that the size of the existing sign is 12'8" x 18' totaling 216 square feet. She informed the Commission that the identification sign was granted a nine (9) foot variance by the City Council for height on October 10, 1988. The owner requested this variance and a variance on the size of the sign from the Planning and Zoning Commission in October 1988 and was denied. She stated that the only variance approved was through an appeal and the height variance was granted, not a variance on the size. Ms. Goodroad stated that the wall signage is limited to 100 square feet maximum. Section 9.117A(9)(c)(i) states that "total sign area shall not exceed two (2) square feet for each front foot of building or structure. In the case of multiple occupancy, she indicated that the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner". She explained that if a tenant space is only 30 feet in width, the maximum amount of wall signage allowed would be 60 feet not 100 square feet. If a tenant space is 60 feet, two times this would be 120 square feet, however, the maximum amount of wall signage cannot exceed 100 square feet. She stated that she has checked each wall sign as far as what is recorded in the property records compared to the maximum allowed and found only one out of conformance. Minnesota Fabrics leases a tenant space 60 feet in width. Therefore, their maximum for wall signage is I00 square feet. She stated that the permit records show a wall sign of 3' x 37' for a total of 111 square feet, eleven feet over the maximum allowed. She explained that if signage was changed and a permit was not obtained, this information may not be accurate. Therefore, this site has two signs that are non-conforming, the identification sign and one wall sign. Ms. Goodroad informed the Commission that in researching this request, Staff did find evidence that in 1981 and t983 sign variances were approved for businesses at the north end location. A second freestanding sign, in addition to the permitted area identification sign, was granted on the basis of undue hardship due to the unique shape of the lot which limits visibility of the north end of the shopping center. The maximum size of the proposed freestanding NAPA sign Mr. Fisher is currently requesting is 72 square feet and would be located along Central Avenue north of the current identification sign. Ms. Goodroad stated that the Commission must determine if a hardship exists. She directed the Commission's attention to a copy of minutes from the September 1981 Planning and Zoning Commission meeting and subsequent approval by the City Council that are included in the agenda packet. She stated that this approval by both the Planning and Zoning Commission and the City Council does set a precedent for this current request regarding a second freestanding sign. Ms. Goodroad stated that the Commission PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES SEPTEMBER 2, 1997 PAGE 3 should require the removal of the current freestanding sign on the north end of the site if they would approve the Mr. Fisher's newest request for a freestanding sign along Central Avenue. Ms. Goodroad stated that the wall signage requested by NAPA has a maximum size of 109.76 square feet. She did inform the Commission that they may be willing to vary this amount. The width of their leased space will be 140 feet allowin9 this business to have up to 100 square feet of wall signage. She indicated that no variances would be needed for the wall signage if they install signage at or under 100 square feet. Ms. Goodroad stated that since a hardship has been identified in the past and a similar variance has already been approved, the request for a second freestanding sign could be considered. However, She stated that the variance should only be considered for a property where the existing signage is in conformance reminding the Commission that two signs on this property are currently non-conforming, the area identification sign and wall sign above Minnesota Fabrics. She reiterated that staff recommends consideration of the second freestanding sign only after the non-conforming signs are brought into conformance and provided the freestanding sign currently existing on the north end of the site be removed. Commissioner Szurek remembered the initial request for the second freestanding sign which she remembered was proposed along Central Avenue. She stated that the Commission felt that would be too many signs on Central and came to a compromise to have the second sign on the north end of the site. Patrick Fisher, property manager of Columbia Heights Mail, was present to state that NAPA or any proposed tenant for the northeast end of the mall would be set so far back off Central Avenue and at a lower elevation due to the unique construction of the mall. These tenant spaces are not able to be seen from Central Avenue and needs some identification on Central Avenue so customers know where they are. Anyone that has considered leasing space has had the same concern regarding signage. He stated that people driving on Central Avenue do not see the existing freestanding sign as it is so high. Commissioner Fowler asked Mr. Fisher what type of uses he is considering for the remaining space on this end of the mall. Mr. Fisher responded that he is looking for alternate uses that would not require additional signage. Commissioner Paulson stated that he would have difficulty in approving any additional signage along Central Avenue for this site as he felt that there was not a hardship. He also felt it unfair to the rest of the tenants in the mall to allow a second freestanding sign just for NAPA. He stated that he would not be in favor of a second freestanding sign along Central Avenue. Council Representative Peterson felt that if the Planning and Zoning Commission allowed the second freestanding sign along Central Av.enue, he would ask that it be stipulated that this is the only additional freestanding sign to be installed along Central Avenue and it would be up to the mall owner/manager to split up that signage for NAPA or any other tenant on the north end. He stated that he would hate to see NAPA or any other business move out of the city. lie would be in favor of an additional 75 square foot freestanding sign along Central Avenue only with the removal of the existing pylon sign on the north end. PLANNING AND ZONING COMMISSION' REGULAR MEETING - M~NLJTE$ PAGE 4 Ms. Goodroad informed the Commission that she had previously spoken to owners of NAPA when they inquired about purchasing and removing adjacent residential structures to their business at 37th and Central and constructing a new building. She added that she had no idea they were considering the Mall. She stated that she disagreed with allowing additional freestanding signs along Central Avenue for this site as it is a shopping center for multiple tenants and has an existing identification pylon sign to identify the mall and each tenant has wall signage to identify their location in the mall. She acknowledged that the Planning and Zoning Commission has the power to override the Sign Ordinance requirements by approval of a variance but she felt that would go against the intent of the Sign Ordinance. She informed the Commission that every tenant and sign company she deals with always expresses the need for more signage. It is her belief that it is not the additional signage that will make or break a business, but the business itself. The right tenant(s) in the mall is what is needed and the right anchor tenant will be what can make the shopping center work, not the amount of signage. She stated it is her job to provide information as outlined by the Code and to provide the Commission with the Code requirements. Mr. Fisher stated that people need to find NAPA fast, so they need the pylon sign on Central Avenue so they can be found as their wall signage is too far off Central to be visible to traffic. Commissioner Paulson did not feel an additional pylon sign on the same site would be a good idea even if the size would be restricted. Commissioner Szurek suggested wall signage for NAPA be placed on the portion of the mall visible to Central Avenue, on the west side. Council Representative Peterson stated that this is an extreme case and a tough building to lease. He stated that this portion of the mall is difficult to provide visibility due to it's unusual configuration on the lot. Motion by Peterson, seconded by Fowler, to recommend to the City Council the approval of a second freestanding sign along Central Avenue at 4001 Central Avenue due .to the hardship of the location of businesses on the north end of the mall and the lack of visibility and distance from Central Avenue provided the following contingencies are fulfilled: 1. The existing second freestanding sign on the north end of the site be removed prior to a permit being issued for any new signage. 2. A second freestanding sign along Central Avenue be a minimum of 150 feet from the freestanding identification sign and the second sign be limited to 75 square feet in size. 3. The height of the freestanding sign be limited to twenty (20) feet in height. 4. No other additional freestanding signs be approved along Central Avenue for this site and the property owner/manager to determine how to divide this signage for tenants on the north end of the mall. Roll Call: Paulson - No; Fowler - Yes; Peterson - Yes; Szurek - Yes. Motion carried. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES S~T~R 2, ~;~7 PAGE 5 **THIS ITEM TO APPEAR ON THE CITY COUNCIl. AGENDA FOR SEPTEMBER 8, 1997. STAFF REPORT: Ms. Goodroad informed the Commissioners that two applications had been received to fill the vacant position on the Planning and Zoning Commission. She had invited both applicants to attend this meeting to see how the meetings were conducted and to ask questions if they had any. However, one of the applicants has withdrawn her application as she just found out her husband was being transferred out of state. Ms. Goodroad introduced Tom Ramsdell to the Commission and invited an exchange of questions if anyone had any. Motion by Paulson, seconded by Fowler, to adjourn the meeting at 8:00 p.m. Voice Vote: All ayes. Motion carried. Secretary to the Planning and Zoning Commission kp COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING OF AUGUST 4~ 1997 CALL TO ORDER. The special meeting of the Columbia Heights Economic Development Authority (EDA) Board of Commissioners was called to order by President Peterson at 6:00 P.M. on Monday, August 4, 1997, in the Administration Conference Room, 590 40th Avenue N.E., Columbia Heights, Minnesota. ROLL CALL. Commissioners present: Joseph Sturdevant, Patricia Jindra, Meg Jones, Robert Ruettimann, and Gary Peterson. Not present: Richard Dustin and Donald Jolly. Staff present: Walter Fehst, Executive Director; and Kenneth Anderson, Deputy Executive Director. Others present: Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator; and Bill Gault, Parkview Villa Maintenance Engineer. ADDITIONS/DELETIONS TO MEETING AGENDA. MOTION by Ruettimann, second by Jindra, to appoint the Deputy Executive Director Kenneth R. Anderson as secretary pro tem. Ail voted aye. MOTION CARRIED. CONSENT AGENDA. None. REVIEW PARKVIEW VILLA FIRE PANEL EMERGENCY REPLACEMENT BIDS. President Peterson requested that Ms. Stoopes-Mokamba provide updated background information on the fire panel replacement work at Parkview Villa. Ms. Stoopes-Mokamba noted that proposals from Mastercraft Electronics in the amount of $118,198.72 and Safeway in the amount of $62,155.00 had been received. She noted that we had previously received a quote from Electric Fire and Security in the estimated amount of $39,980.00. She stated we expected a quote from Western on or about August 8, 1997. She stated in addition to the quotes received to upgrade and replace the fire panel equipment, she also contacted representatives of Thompson Lightning and Heights Electric which provided a quote of $6,450.00 to provide surge protection for the building. Also, in response to Commissioner Jolly's previous concerns she contacted NSP to have their officials look at the building this week. Mr. Fehst indicated to the Commissioners it was his desire to get this information to the Commissioners sooner, but that was not possible as the quotes were received late in the day on August 4, 1997. Mr. Gault further reported that Safeway stated they can use some of the equipment on the existing system. However, a new panel requires that all equipment be approved by Underwriters Laboratories which requires replacement of the 101 detectors in the units in the Parkview Villa North building. ED~ SPEC~J~ HEET~NG H~NUTES &UC~ZSt 4, L997 Page 2 of 2 Commissioner Ruettimann asked if a bid packet had been prepared. Ms. Stoopes-Mokamba indicated that one had not been prepared. Commissioner Ruettimann noted that we can't compare the proposals as submitted as it is not possible to compare "apples and oranges." He recited specific items in the proposals which were different including the number of heat detectors, smoke detectors, strobe flights, and speakers for the public address system. Anderson stated that Keith Flermoen of the Columbia Heights Fire Department had a conversation with Safeway representatives to look at State code requirements before their quote was submitted. Other discus- sion followed on the problem areas existing with the current temporary system in place at the facility. MOTION by Ruettimann, second by~Jindra, to authorize the President of the EDA, the Mayor, and the Executive Director to take whatever steps are necessary to make the Parkview Villa buildings safe for the current residents by modifying the existing temporary system to make all necessary improvements to bring it into compliance with minimum code standards. During discussion Ms. Stoopes-Mokamba further explained the surge protection bids. Commissioners also inquired if funding was available from HUD. The consensus was that HUD and electric or fire professional contracting firms should be contacted to prepare specifi- cations in order that proposals ini the form of bids/quotes will meet minimum code requirements and provide a basis for comparing proposals. It was further stated that Representative Bill Luther, who is the U.S. Representative for this area, could be contacted to determine if any federal funding is available for these type of emergency improvements. All voted aye. MOTION CARRIED ' MOTION by Ruettimann, second by Peterson, to adjourn at 6:34 p.m. voted aye. MOTION CARRIED Ail Respectfully submitted, Kenneth R. Anderson, Secretary Pro Tem edaagen\agpk MINUTES COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING OF AUGUST 19v 1997 C~LL TO ORDER. The regular meeting of the Columbia' Heights Economic Development Authority (EDA) Board of Commissioners was called to order by President Peterson at 7:00 P.M. on'Tuesday, August 19, 1997, in the Parkview Villa Community Room B, 965 40th Avenue N.E., Columbia Heights, Minnesota. ROLL CALL. Commissioners present: Richard Dustin, Patricia Jindra, Meg Jones, Donald Jolly, Robert Ruettimann, and Gary Peterson. Not present: Joseph Sturdevant. Staff present: Walter Fehst, Executive Director; Kenneth Anderson, Deputy Executive Director, Becky Townsley, Secretary. Others present: Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator; Shirley Barnes, CEO of Crest View Corporation; Steve Sawatsky, Menno Travel; Bruce Nedegaard, Nedgegaard Construction Company; Mary Tjosvold and Tom Torreson, Mary T., Inc.; and Donna Hams and Pat and Reuben Bush. PLEDGE OF ALLEGI~tNCE. ADDITIONS/DELETIONS TO MEETING AGENDA. deletions to the meeting agenda. There were no additions or CONSENT AGENDA. A. Move to adopt the consent agenda items as listed below: 1) Approval of Minutes. a. Regular Meeting of July 15, 1997. Motion: Move to adopt the minutes of the July 15, 1997 regular meeting as presented in writing. b. Special Meeting of July 28, 1997. Motion: Move to adopt the minutes of the July 28, 1997 special meeting as presented in writing. MOTION by Jindra, second by Dustin, to approve the consent agenda as presented in writing. All voted aye. MOTION CARRIED. FINANCIAL REPORT (to be provided at meetinq). A. Review Expense Titles and Codes. Mr. Anderson reported that supporting information for the Financial Report and Payment of the Bills was-provided in order to review the basic format and issues. At the last meeting the Board requested more detail about the type of expenditures which fell within the Other Ser- vices and Charges Category. A summary sheet of the expense titles and codes which fall within each of the four major categories or groupings for reporting EDA and City expenditures was provided to the Commissioners. In the past several months the financial reports have ED~ HEET~N~ H~NUTES ~ugus~ L9, L997 Page Z of 7 been presented with the costs shown for the major categories for each fund; however, they have not been shown for each line item. It is possible to present the expenditures by line item for each month if the Board wishes to see that level of detail. Mr. Anderson provided the costs for approval at the meeting with detail to demonstrate that particular style/format. Mr. Anderson inquired if the Commissioners wanted to see this level of detail at all the meetings or would it be sufficient to provide a summary of costs under each major category. Mr. Anderson stated that certain funds (such as CDBG) are more difficult to track because the EDA pays expenses up-front which are later reimbursed. Commissioner Ruettimann suggested having a detailed breakdown of income and expenses of properties that the EDA owns, in order to know the fund balance at any given time, but otherwise the information that is being provided is sufficient. Commissioner Jolly suggested incorporating a scheduling calendar. Mr. Anderson stated the EDA does have a departmental calendar that lists dates that required forms are to be submitted, payments that have to be made for reimbursement of tax increment payments, etc. MOTION by Ruettimann, second by Jolly, to receive the financial report as presented in writing. Ail voted aye. MOTION CARRIED. MOTION by Ruettimann, second by Dustin, to approve the payment of bills out of proper funds. Ail voted aye. MOTION CARRIED. ~pORT OF THE MANAGEMENT COMPANY. A. Jennifer Stoopes-Mokamba, Public Housing Administrator. 1) Parkview Villa Monthly Report. Jennifer Stoopes-Mokamba reported that staff has met with a consulting firm to prepare bids for the fire alarm panel that needs to be repaired at Parkview Villa and was asking for Board approval. MOTION by Ruettimann, second Jindra, to award the proposal to provide services to rework the existing fire alarm system in the Parkview Villa housing complex to MountainStar based upon their proposal dated August 12, 1997; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Ail voted aye. MOTION CARRIED. Ms. Stoopes-Mokamba reviewed the remainder of the Parkview Villa Monthly Report and answered Commissioners questions. Mr. Anderson noted that he had received a letter from the U. S. Department of Housing and Urban DeVelopment (HUD) stating the EDA had received a Certificate of Excellence in Management Operation because the Parkview Villa facility had a high,performer designation. The credit goes to Crest View Corporation, management company for the building, and Mr. Anderson wanted to publicly thank them for their fine work. ' ED~ MEETING MINUTES AUq~st 19, 1997 Page ~ oJ T 2) Section 8 Program Update. Ms. Stoopes-Mokamba indicated that the transfer of the Section 8 program from the Metro HRA to the City of Columbia Heights seems to be going smoothly. Mr. Anderson and Ms. Stoopes-Mokamba have met with executives from Metro HRA and laid out possible-options to successfully transfer the Section 8 Certificates/Vouchers. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS. 4150 Central Ave. N.E. Redevelopment Update. 1) Steve Sawatsky At last months meeting the Board authorized Menno Travel Service to have a 30 day exclusive negotiating agreement to purchase the site. If sufficient progress was made in that time, an additional 30 days would be granted. Mr. Sawatsky from Menno Travel Service reported that progress has been made in a development plan on what they would like to do with the building at 4150 Central Avenue. A letter was included in the agenda packet outlining the steps set up for the development of the property which Mr. Sawatsky reviewed with the Commissioners. Parking continues to be a primary concern. Mr. Sawatsky has been working with an engineer who proposes the possibility of using the first floor of the building for underground parking. They have also been meeting with Norwest Bank on several options concerning financing. There was a lengthy discussion with Mr. Sawatsky answering the Commis- sioners questions. MOTION by Ruettimann, second by Jones, to extend a 60 day Exclusive Negotiation Agreement between Menno Travel Service and the Columbia Heights EDA until October 21, 1997 at which time a redevelopment proposal should be submitted for consideration by the EDA Board of Commissioners. All voted aye. MOTION CARRIED. St. Timothy's Lutheran Church Proposed Senior Housing Project Update - Marketing Study. 1) Bruce Nedegaard, Nedegaard Construction Company. Z) Mary Tjosvold, Mary T. Inc. Bruce Nedegaard, President, Nedegaard Construction Co., Inc. and Mary Tjosvold, President, Mary T. Inc. were present to update the Commis- sioners on the proposed 70 unit Senior Housing Apartment Project to be located on property owned by St. Timothy's Lutheran Church. 1) They presented updated information on the proposed project and reviewed the draft marketing study done by Maxfield Research Group, a private consulting firm, and discussed relevant information as to the numbers of seniors which are in need of independent housing, their income levels, and ability to support the proposed rents. Mary Tjosvold stated they have reviewed the market study and have found discrepancies, therefore, they would like it corrected, as a precise market study is very important before it is submitted to HUD. When the final market study is completed it will be furnished to the Commissioners. EDA MEETING MINUTES August 19, 1997 Page 4 of 7 . 2) There was discussion on revisions that were agreed upon by the developer/manager and neighborhood citizens that were discussed at the meeting that was held on Monday, August 18, 1997. A couple of issues that were discussed and will be addressed is the parking and lighting at the project. 3) There was also discussion identifying a revised project timetable with the Board. The May proforma'reflected a shortfall of $20,000 in year one and $8,000 in year two. Mr. Tom Torreson, Mary T. Inc. Chief Financial Officer, reported that an option to eliminatethe shortfall was to increase rents on the one bedroom units from $1.00 per square foot to a $1.04 per square foot and leave the two bedroom units at the proposed $.97 per square foot which was supported in'the market study. In terms of TIF the forecast that they are relying on shows 15 years of TIF with the first three years at 100%. Mr. Nedegaard suggested that the City Council have a Public Hearing at their September 8th meeting where action could be taken on zoning. Then if we receive word back from HUD before that September 8th meeting, it may be possible to have some of the outstanding issues resolved and to have a special EDA meeting the same evening, after the city Council meeting, to see if we would want to proceed with setting up a tax increment district and schedule a Public Hearing, which has to be held at least 30 days after notification to the County Commissioner. PUBLIC HE~RINGS. None. ~TEMS FOR CONSIDERATION. A. Other Resolutions. Resolution 97-08, Being a Resolution of the Columbia Heights Economic Development Authority (EDA) Adopting a Budget and Recommending Setting the EDA and H~A Local Lev~. Mr. Anderson reviewed the proposed resolution and the attached pages which were included in the agenda packet. He explained the format with the various funds, i.e., 203 for Parkview Villa North, 204 for EDA, etc., and how each department has only one page of budget numbers and narrative for both revenue and expenditures, respectively. He explained that the preliminary Proposed'EDA Budget for fiscal year 1998 had been prepared for review and consideration by the EDA. It is necessary for the EDA to pass a resolution with a recommendation to the City Council about the proposed budget and levy for taxes payable in 1998. Mr. Anderson further explained that this year the budget format has been revised to include more narrative and less line item detail than in past years. Moreover, the overall budget is grouped into functional areas more than in past years. AU~S~ ~9; ~997 Page 5 of ? Mr. Anderson reviewed each fund and answered Commissioners questions. The recommended amount to be levied for the current year, collectable in 1998 upon the taxable property in the City is $99,000 for the EDA and $72,192 for the HRA making a total levy of $171,192. Mr. Anderson noted this levy is unchanged from the levy for taxes payable 1997. Commissioner Ruettimann asked how the.Parkview Villa North fund budget arrives at expenses higher than revenues without going into fund balances to cover the short-fall. Mr. Anderson explained that Parkview Villa North receives an operational subsidy from HUD to help with expenses. However, the budget does project a reduction in the fund balance. Commissioner Ruettimann feels that each building should stand on its own, however, we need to look at the fund and see if we can rectify it. It is possible there is no way to correct it, that may just be the way it is. Mr. Anderson reported the preliminary budget and levy must be certified to Anoka County on or before September 15, 1997. The final levy will not be adopted until after the truth in taxation public hearing(s) to be held by the City Council in November or December. This budget may not be increased, but may be decreased. It is anticipated further refine- ments will be necessary before final adoption. MOTION by Jindra, second by Jolly, to waive the reading of EDA Resolu- tion 97-08 as there were ample copies available to the public. All voted aye. MOTION CARRIED. MOTION by Jindra, second by Dustin, to adopt EDA Resolution 97-08, Being a Resolution of the Columbia Heights EDA adopting a Budget and Recom- mending Setting the EDA and HRA local levy. Roll Call: Ayes: Jindra, Dustin, Jolly, Peterson, Jones. Nays: Ruettimann. MOTION CARRIED. Bo Bid Considerations. None. C. Other Business. 1) Recommendation to City Councll to Provide Monies to the EDA to Fund the Business Revolving Loan Fund (BRLF). Mr. Anderson reported the former HRA established a Business Revolving Loan Fund (BRLF) to assist in business expansion and development. Since 1991/92 the HRA has issued aPproximately $117,500 in five BRLF loans made to local companies from its fund balance. Currently the balance is very low and few new funds are available for loan to a prospective business. The City Council had considered contributing Community Development Block Grant (CDB~ funds to initially capitalize the BRLF. However, because of the administrative requirements, no funds were contributed. As a result, the EDA was requested to make a recommenda- tion to the City Council to contribute some amount of funds-to have available to a prospective company(ies) that may enhance the tax base, increase jobs, and/or eliminate blighting conditions. Staff is requesting the EDA consider making a request for funds from the City Council to contribute to this cause. The Finance Department will be asked to make a suggestion as to possible sources of funds for this purpose as well as others related to the EDA and its fund balance(s). ED~ HEET~NG H~NUTES August 19, 1997 Page $ of 7 Much discussion followed on the need to provide funds from some other source to fund deficits created in 1996 and projected to carry over into 1997. The Commissioners discussed a transfer from the City to the departments listed with deficits in the 1996 Audit. Once the transfer is completed, the EDA must then maintain positive balances and manage its revenue and expenditures to avoid deficit spending. Mr. Anderson estimated the HRA, EDA, and Rental Property funds were those with negative fund balances totaling approximately $58,000 (estimated only). MOTION by Ruettimann, second by Jones, to recommend the City Council provide monies necessary to fund the deficits in the EDA and Community Development Departments in the 1997 budget (and 1996 year End). Ail voted aye. MOTION CARRIED. ADMINISTRATIVE REPORTS. A. Report of the Deputy ExecUtive Director. Mr. Anderson reviewed his written report which was included with the agenda packet. He pointed out a letter he had received from HUD, which was included in the agenda packet, stating they are processing our CIAP application. He also reported that an offer has been extended to a candidate for the Housing Coordinator position and we are awaiting an answer. Commissioner Ruettimann said that he had heard that NAPA had been looking for property to expand their business and had come to the Community Development Department for help. Mr. Anderson reported that he had visited with the company and recommended various locations. Commissioners recommended when such inquires are received that the Commissioners be informed. Mr. Anderson indicated he will honor a companies request for confidentiality. There was general'discussion concerning the proposed MCTO transit hub station. It was Commissioners consensus that we had expressed an interest in pursuing only the 39thAvenue site for the MCTO transit hub and are now waiting to hear back from Anoka County and the MCTO. B. Report of the Executive Director. No report. C. Committee/Other Reports. Mr. Dustin reported he had attended a landlord workshop in Coon Rapids and found it very informative. GENERAL,,EDA COMMUNICATIONS. Mr. Anderson reported the Minnesota NAHROAnnual Conference is scheduled for September 17 - 19, 1997 in Duluth. A copy of the brochure was attached to the agenda packet. COmmissioners who are interested in attending were asked to contact Mr. Anderson to make lodging and registration arrangements. Three staff members will be attending in addition to any Commissioners who may be interested in attending. ED~ MEETING MINUTES ~ugust 19, 199.7 Page 7 of 7 CITIZEN FORUM TO ~DDRESS ED~ ON M~TTERS NOT ON ~GEND~. None. MEETINGS= A. The next Regular ED& meeting will be 7:00 p.m., Tuesday, September 16, 1997 at Co--unity Room B at Parkview Villa. ADJOURNMENT. MOTION by Dustin, by second by Jindra, to adjourn the regular meeting of the EDA at 10:30 p.m. Ail voted aye. MOTION CARRIED. Respectfully submitted, Rebecca S. Townsley, Secr~cary edaagen\agpk THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION ME~TING OF THURSDAY, AUGUST 21, 1997 The meeting was called to order at 7:35 p.m. by Chairman, Dennis Stroik. Roll Call: Commission Members: City Representative: Cable TV Representative: Legal Counsel: Dennis Stroik, Reuben Ruen, Ruth Graham, & Ken Henke. Linda Magee and Jean Kuehn Kathi Donnelly-Cohen Bob Vose APPROVAL OF MINUTES Motion by Ruth, seconded by Reuben to approve the minutes from June 19, 1997. All ayes. OLD BUSINESS A. Channel Check Everything checked out fme during the channel check. Correspondence Log and Complaint Follow Up. There were no complaints or correspondence received since the last meeting. Meeting to Discuss the Report on Best Available Technology to Refurbish the Cable System Kathi Donnelly-Cohen reported that Roseville has approved the renewal of their Franchise. Upgrades in the technology of the distribution system were included in the renewal agreement. These upgrades will also be made to the other systems provided by Meredith Cable Company. The current 450 megahertz system will be updated to a 750 megahertz system. Kathi will be providing Columbia Heights with a written report detailing the technological improvements that will be made to the system. Status of Rights of Way Ordinance The City Attorney had reviewed the two ordinances that were presented at the last meeting (One from the League of MN Cities and one from Bernick and Lifson). The City Attorney concurred that the Ordinance prepared by Bernick and Lifson had superior features over the League's version. Linda will, therefore, submit the commissioWs recommendation to adopt this ordinance to the City Council. Telecommunications Commission Minutes Page 2 August 21, 1997 E. Status of Digital Light System in Council Chambers Jean reported that she has been in contact with Alpha Video and they are working on designing a system and preparing a quote for such. She will submit information as it becomes available. F. Other Old Business There was no other old business. NEW BUSINESS A. Sale of North Central Cable Communications COrp. (Dba Meredith Cable) to Charter Comm. Linda reported that we received FCC form 394 on July 16, 1997. We have 120 days from that date to review the legal, technical, and f'mancial qualifications of the company. The Conunission will have to make a recommendation to the City Council at their October meeting so action by the City Council can occur within 120 days of receipt of the FCC form 394 (on or around November 16, 1997). B. Recommendation to Withdraw or Dismiss the Pending Application for Review by the FCC Previously, our legal counsel reported that they were negotiating some type of resolution on the appeal filed with the FCC regarding the Transfer of Ownership from Continental to US West. US West has agreed to pay the costs related to the appeal and the costs of reviewing the transfer. Our Legal Counsel recommends accepting the company's proposal. Staff also recommends accepting the proposal. There was no opposition from the commission members. C. Notice of Performance Test to be Conducted A copy of this notice was enclosed in the cable packet. D. Franchise Fee Payment for 2nd Quarter A copy of the 2nd Quarter Franchise Fees were enclosed in the agenda packet. E. Channel 16 Programming Schedule (FYI) A copy of this month's schedule of tapes being run on channel 16 was enclosed for the commission members to review. This was an informational item only. TeJecommunications Minutes Page 3 August 21, 1997 F. MACTA Annual Conference A copy of the information we have received so far on the MACTA Annual Conference was enclosed in the agenda packets. If commission members are interested in attending this conference scheduled for October 30-31, 1997 at the Ramada Plaza in Minnctonka, please contact Shelley by September 18. 1997. G. MACTA Connections-Newsletter Videotape Available Jean reported that a Videotape of the MACTA Connections Newsletter was available if anyone wishes to view it. H. Other New Business *Reuben Ruen suggested establishing a Home Page on the Internet for the City. Linda stated that the City is looking into this for the future and has sent a Request for Information to Charter Communications regarding this issue. We should get a response from them shortly. *A Grant Request was received from Scott Lawrence who is producing a CD promoting an anti drug and anti gang theme. The commission members looked over the information presented and determined that his request does not meet the Grant Guidelines including, but not limited to: Residency requirement Project must be non-profit and lead to the production of programming of reasonable quality. The project is not a video that could be run on an access channel. There is a $1,000 maximum per grax:~t. Motion by Ken Henke, seconded by Reuben Ruen to reject the grant request based on the non- compliance of the grant guidelines established by the Telecommunications Commission. All ayes. * October 16 has been tentatively chosen as the date to hold a special joint meeting with the Telecommunications Commission and the City Council to review the information submitted on the legal, technical, and financial qualifications ,of Charter Communications. Representatives of Charter Communications are tentatively scheduled to be in attendance at that meeting.. A. Reports of the Commissioners There was nothing to report. B. Report of Meredith Cable Kathi reviewed the reports for June and July and answered any questions. Telecommunications Commission Minutes Page 4 August 21, 1997 C. Report of the Cable Attorney There was nothing further to report. D. Report of the Assistant to the City Manager There was nothing further to report. The meeting was adjourned at approximately 8:45 pm. Respectfully submitted, Shelley Hanson-Secretary (Who was not in attendance at this meeting, but who transcribed the minutes as taken by Linda and Jean) Columbia Heights Volunteer Fire Division Relief Volunteer Division First Draft- Restated Bylaws (Annotated) [Insert date effective] Article I - Name and Location Section l. Name. The name of this organization shall be the Columbia Heights Fire Department Relief Volunteer Division, Volunteer Division. Section 2. Location. Its principal office shall be located at 555 Mill Street Northeast, Columbia Heights, Minnesota, 55421. Section 3. Alternative. Other offices for the transaction of business shall be designated at such places as the Board of Examiners may from time to time determine. Article !1- Purpose Section 1. Purpose. This instrument constitutes the Bylaws of the Columbia Heights Fire Department Relief Volunteer Division Volunteer Division, hereinafter referred to as "Volunteer Division". 1 adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the relief Volunteer Division. The "Volunteer Division" is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of firefighting. The objectives of the plan shall be to provide service pensions and ancillary benefits to members and dependants of the Volunteer Division of the Columbia Heights Municipal Fire Department, hereinafter "Fire Department". These bylaws and federal and state laws shall govern all benefits issued by this Volunteer Division.2 Article Iii - General Definitions3 Whenever used in these bylaws, the following terms shall have the respective meanings set forth below, unless the context clearly requires otherxvise, and when the defined meaning is intended, the term is capitalized. Section 1. Surviving spouse. The term "surviving spouse" means any person who was the dependent spouse ora deceased active member or retired former member living with the member at the time of 1 The special law refers to the "Volunteer Division." 2 This language is adapted from state statute. The reference to relief Volunteer Divisions being governmental entities is necessary to ensure that if the IRS were to audit you, then it would be clear to the auditor that the relief Volunteer Division is operating as a governmental plan for purposes of ERISA, the Employee Retirement Income Security Act. Governmental plans have fewer regulatory requirements; therefore, it is in the Volunteer Division's interest to qualify as a governmental plan. 3 Add the following definitions section to the bylaws. This section provides clarification as to how words are defined in the context of an article contained within a provision. Generally, if the bylaws give a definition to the word, then there is much more guidance to work with, as the board is interpreting the bylaws. However, be careful not to use definitions that are in conflict with state statutes. the death of the active member or retired former member for at least one year prior to the date on which the member terminated active service and membership.4 Section 2. Fiduciary responsibility. In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. § 1 lA.09. In addition, the trustees must act in accordance with Minn. Stat. § 356A. No trustee of the Volunteer Division shall cause the relief Volunteer Division to engage in a transaction, if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: (1) sale or exchange or leasing of any real property between the relief Volunteer Division and a board member; (2) lending of money or other extension of credit between the relief Volunteer Division and a board member or member of the relief Volunteer Division; (3) furnishing of goods, services, or facilities between the relief Volunteer Division and a board member; or (4) transfer to a board member, or use by or for the benefit of a board member, of any assets of the relief Volunteer Division. Transfer of assets does not mean the payment of relief Volunteer Division benefits or administrative expenses permitted by law'.5 Section 3. Beneficiary. Any person or estate entitled under this plan to receive a benefit upon the death of a participant. Section 4. Board of Trustees. The Board of Trustees of the Volunteer Division as specified under Minn. Stat. §424A.04. There shall be three ex-officio members. The three ex officio trustees shall be the mayor, the city administrator, and the chief of the municipal fire department. Section 5. Breaks in Service. A minimum period of six consecutive months in which a member does not meet the minimum service requirements as stated in the Fire Department rules and regulations. A member shall not receive a contribution to his or her account for any year in which a break in service occurs. A break in service does not include an approved leave of absence, pursuant to these bylaws or state law. Section 6. Forfeiture. Shall be defined as follows: (1) A member who resigns or retires from the Fire Department and has a vested service pension shall forfeit his or her right to any forfeitable, non vested share of the pension. On January I of the year after the member has retired, the member's forfeited share shall be distributed among the active members pursuant to Minn. Stat. §424A.02, Subd.4. If 4 This definition is taken directly from state statutes. I find that reference to statutes in the bylaws sometimes helps members, city councils members, attorneys or other members of the public understand statutory limitations much easier as they are reading through your bylaws. Therefore, 1 recommend that you reference the statute when you are able to give the reader guidance. 5 This language is taken directly from state statute. such member should rejoin the fire department, the member shall not have a right to the forfeited portion. (2) A member who retires from the Fire Department, who has not met the minimum active service requirements to receive a deemed contribution lump sum service pension, shall forfeit his or her account balance, as long as the member does not rejoin the fire department within five years of the date on which the member retired. If the member rejoins within the above-mentioned period, the member's account shall be reinstated. If the member does not rejoin within the above-mentioned period, the member's forfeited share shall be distributed among the active members pursuant to Minn. Stat. §424A.04.6 Section 6. Service Year. For purposes of computing benefits or service pensions payable, a year of service shall be deemed as a period of 12 complete months of active service, which need not be consecutive, on the Fire Department. No volunteer shall be given credit for a year of service unless that volunteer shall have completed an entire and complete year as an active volunteer member in good standing with the Fire Department. No volunteer shall be give credit for service during any periods of disability, medical leave, suspensions or approved reaves of absence. No portions or parts of years may be considered in determining the length of service for purposes of determining eligibility for benefits or amounts of benefits.7 Section 7. Active service. The active performance of fire suppression duties or the supervision of fire suppression duties. The performance of suppression or supervision of Eire suppression duties includes meeting the requirements established by and articulated in the rules and regulations of the Fire Department. Section 8. Trustees. The individuals designated as such by Minn. Stat. §424A.04 and by virtue of elected office, those that qualify as the ex-officio trustee. Section 9. Domestic Relations Order. Any judgment, decree or order (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. 518.58, 518.581, or 518.611. Section 10. Account. the record of the amounts credited to an individual under the plan, including amounts transferred from the deemed benefit pension plan, plus contributions, forfeitures and investment income allocated under the plan. Section 11. Accounting date. December 31. Section 12. Contribution. the additions to the special fund from Fire state aid and/or municipal contribution. 6 Most of my clients usually request this section. This is generally required by statute and gives some clarification as to how to handle forfeiture. This allows you to limit a member receiving his or her forfeited interest if he or she returns after five years have past. 7 1 have taken Section 4 of Article VI and included it here in the definitions section. I rewrote it slightly. Note that the law now allows you to take into account pro rated years of service based on months. The last sentence may not be necessary. 4 Section 13. Former member, any firefighter who shall cease to meet the requirements of active service as established by the fire department. Section 14. Active Member. any firefighter who meets the requirements for active service as established by the fire department and these bylaws. Section 15. Inactive Member. A person who xvas a member of the Association and of the Fire Department who has terminated from the Fire Department, and who has not completed the requirements for retirement from the Fire Department. Section 16. Deferred Member. A person who is a member of the Associmion and who has terminated from the Fire Department and who has completed at least 10 years of service and who has met the requirements for retirement and who has not reached the age of 50. Section 17. Disabled Member. A member who has retired from the Fire Department because of a disability and has met all of the requirements to be eligible for a disability pension and who has not yet received his pension info. o,~,.,,,~, ° --':-- ,.,.' ~ Section 18. Plan Year. The t~velve month period commencing on January 1 and ending December 31. Article IV- Membership and Meetings Section 1. Membership. Members of the Volunteer Division shall be persons who are not regularly entered on the full time payroll of the fire department of the city, but who regularly comply with such rules as may be prescribed by the Public Safety Director of or Fire Chief of the City upon delegation by the City Council to such Public Safety Director or Fire Chief of the right to prescribe rules for service by volunteers with the Fire Department of the City, and who by reason of their status as such volunteers are engaged in hazards of fire fighting. No person shall be a member of the Volunteer Division who is not a "member in good standing" as def'med by the City Council, which may in its discretion set written standards, upon recommendation of the Fire Chief, by which to determine whether a volunteer is a "member in good standing." Section 2. Leave of absence. A member who is [,,ranted a leave of absence from the Fire Department shall automatically be granted a leave of absence fi'om the Volunteer Division. The member shall not lose any service credit for the year in which the leave of absence occurred. However, upon a leave of absence of more than six months, the member shall not receive credit for a full year of active service for that year and subsequent years of absence. Such member, upon returning to the performance of suppression duties, shall recommence membership in the Volunteer Division and adjustments shall be made to the total service credit of the member for subsequent full years of active service.8 Section 3. Meetings. The annual meetings of the members of the volunteer division shall be on thc in the first quarter of each year at a time and place determined by the Board of Examiners with a ten (10) day notice to the volunteers. 8 The six months is used as an option here. This provision works in conjunction with the Break in Service Provision in the definitions section. Section 4. Special Meetings. Special meetings of the members of the Volunteer Division shall be called by the City of Columbia Heights City Manager no later than fifteen days subsequent to the date the City Manager receives a written request for such meetings including the agenda for such meeting and setting the time, date and place for such meeting, signed by at least twenty percent of the membership of such division. Meetings of the Volunteer Division membership shall be held at the place designated in the written request for the meeting but in any case shall be held either at the Columbia Heights Fire Department or at the City Council Chambers. Section 5. Vote. At every meeting of the members of the Volunteer Division, each member shall be entitled to one vote for or against each proposal, which may properly come before the members at such meeting. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a voice vote. Ifa majority cannot be determined by voice vote, the Officer in charge of the vote shall ask for a show of hands.9 Section 6. Preside. The President of the Board of Examiners shall preside at all meetings. The Vice President shall preside in his absence. Section 7. Quorum. A quorum for the transaction of business at any regular or special meeting shall consist ora majority of the members of the Volunteer Division. Article V- Board of Examiners Section 1. Membership. The Board of Examiners shall be composed of six five members. The five members shall be members of the Volunteer Division who shall be elected at the annual meeting of the o unteer v s on. ri, oallUat.y ut t 2o t. ,m, [lLt~,~, lilClltO~,]l.b ll.g~,Gl¥111[ I. It~, lll~llCi~l, IIUlIIO~.I Ut YkJ[~.,3 shall * ........ c .... .................. t .,.t,.,,[~,, ' .......... "-' .... ~ ~ ..... ' .... ~ ~a,_ ,_,~, ........... , .... ................ ~ ...... ~- Th b hip h 11 1 tth I tMg ~ee members of the Board ofExam~ers ~ odd numbered calendar years and ~o members of the Board of Exam~ers in even numbered calendar years. *'- - -'--" ........ ' ..... ~" ....... ~ - ' ....... ' .... Section ~. Regular Meetings. ~e~u]ar mcct~s of thc Board of Examiners shall be held on thc second Monday of April, July and October of each year, or other day ~n ~e monffi ~ best dete~ed by the Bo~d of Ex--ers. Section 3. Special meetings with members of the ~ol,ntcer division. Thc members of thc Board of Exam~crs shall a~cnd all meetings of thc Volunteer Division membership. Failure to a~cnd any two properly noticed Volunteer Division general membership special mcct~s or any ~vo Board of Examiner meet~s, or a comb~ation of~o of either meetings, ~ one year shall be cause for removal as a member of the Board of Examiners. 9 You may want to add the last few sentences to clarify voting procedures at meetings of the membership. Section 4. Special Meeting with the Board of Trustees of the Volunteer Division. Special meetings bet~veen the Board of Examiners and the Board of Trustees of the Volunteer Division shall be held in the Columbia Heights City Council chambers and may be called at any time by the Board of Examiners, upon written request of at least thirty percent of the members of such Division or upon written request of the President of the Board of~ Examiners. A request shall be delivered to the Columbia Heights City Manager and shall include the agenda for the meeting and the time and date of the meeting. It shall be the duty of the City Manager to give ali active and active retired members of the Volunteer Division, members of the Board of Trustees and ex officio members of the Board of Trustees forty-eight hours written notice of the special meeting. Each active and retired member of the Volunteer Division shall have the duty to keep the City Manager informed in writing of his current mailing address. The notice shall include the agenda for the meeting and the time and date of the meeting. No business shall be transacted at any special meeting except business stated in the notice. Notices mailed by U.S. mail to the last known address of each active and retired Volunteer Division member and to each member of the Volunteer Division Board of Trustees including ex officio members shall be sufficient to satisfy the requirements of this section provided the notices are posted no later than the fifth day prior to the meeting, not including Sundays or holidays. A special meeting bet~veen the Board of Trustees and the Board of Examiners of the Volunteer Division shall be called no later than fifteen days subsequent to the date the City Manager receives written request for such meeting including the agenda for the meeting and the date and time of the meeting. Section 5. Duties. The Board of Examiners shall be the representative of the Volunteer Division members at any meeting with the Volunteer Division Board of Trustees. Members of the Board of Examiners shall act as advisors to the Board of Trustees, but shall not have a vote in any matters coming before the Board. Section 6. Officers. The members of the Board of Examiners shall elect amongst their members a President, Vice President, Secretary and Treasurer. The President shall be the presiding officer at all meetings and shall be the ceremonial head of the Columbia Heights Fire Department Relief Association, Volunteer Division. The Vice President shall serve as president in the President's absence. The Secretary shall record the minutes of the annual and special meetings of the members of the Volunteer Division and the meetings of the Board of Examiners. The Treasurer shall be the official representative of the Board of Examiners in all matters involving the General Fund. Section 7. Vacancies. Vacancies in the Board the Examiners may be filled for the unexpired terms by the remaining Examiners at any regular or special Examiners' meeting, or by a special meeting of the Volunteer Division duly called as provided herein. Section 8. Quorum. A quorum for the transaction of business at any regular or special meeting of the Examiners shall consist ora majority of the members of the Board. Article VI - Board of Trustees Section 1. Members. The governing body of the Columbia Heights Fire Department Relief Association, Volunteer Division shall consist ora Board of Trustees composed of the members of the Columbia Heights City Council. The City Manager, Clerk-treasurer, Chief of the Fire Department and the Public Safety Director of the City shall be ex officio members of the Board of Trustees. The ex officio members shall not vote, nor shall they regulate the management or affairs of the Division except 7 as provided herein. The Board of Trustees of the Volunteer Division shall have the exclusive control and management of all affairs, property, and funds of the Volunteer Division from whatever source received for the benefit of the Volunteer Division special fund and shall have authority to carry out the objects and purposes of the Volunteer DMsion as set forth. Section 2. Duties. In addition to all duties and powers herein above given to the Board of Trustees, said Board of Trustees shall have the following duties and powers: To designate a bank to act as a depository, drawer, and disbursement agent of and for the special funds of the Volunteer Division; To designate a Bank Trustee as provided in Article IV hereof; To designate an auditor or accountant, or both, to examine the books of account of the Volunteer Division, including all books relating to the special funds of the Volunteer Division, as said examinations are required by the State of Mirmesota, or City of Columbia Heights, to maintain or obtain all funds necessary to accomplish the goals of the Volunteer Division. Section 3. Investment Agent. The City Clerk-treasurer and City Finance Director may, in the discretion of the Board of Trustees, be appointed the sole investment agent of the Volunteer Division special fund or may be appointed agent or agents jointly with other individuals or corporations. Section 4. Investigation of Claims. The Board of Trustees of the Volunteer Division shall investigate and act upon all applications for disability and service pensions and all other claims for relief by or on behalf of members of the Division or their beneficiaries. The Board of Trustees of the Volunteer Division shall select a competent physician who shall advice the Board in its investigations. The physician shall not have a vote on the board. Section 5. President. The Mayor of the City of Columbia Heights shall be designated the President of the Volunteer Division's Board of Trustees and shall preside at all meetings of the Board, provided, that in the Mayor's absence, the members of the City Council who are present shall elect one council member as temporary presiding officer. The Mayor shall have general supervision over the Volunteer Division and its affairs. Section 6. Treasurer. The City Treasurer or Finance Director shall from time to time collect from the City of Columbia Heights and the County of Anoka all funds derived from taxes levied by the City for the Benefit of the Special Fund of the Division and the interest from the investment itselfi The City Treasurer shall also collect from the State of Minnesota, all funds and interest thereon derived from imposed and collected '-" l~,~,,,,--, '-'~**~'-['-'~ '~'['"~* ~"~ '~'~*l-'~'''~['' '""*~" '~* ['"' "'[~'*'~ from the State of Minnesota, all state aid funds received from the tax on insurance premiums collected pursuant to Minn. Stat. §69.021, subd. 5. The treasurer shall further receive and col{ect all funds derived from private sources specifically for 10 This isn't the way that state aid is calculated. It is calculated based on population and market value of property. The full pot is comprised ora tax on fire insurance premiums, but it isn't "limited" to the premiums in the city of Columbia Heights rather it is limited by the population and market value of the fire service area of the fire department. You could replace this sentence with".., collect from the State of Minnesota, all state aid funds received from the tax on insurance premiums collected pursuant to Minn. Stat. §69.021, Subd. 5." the benefit of the Volunteer Division special fund. Such funds shall be transmitted to the Division's Board of Trustees for investment. The City Treasurer shall prepare and sign, with the approval of the Volunteer Division's Board of Trustees, all reports or other documents required by the City of Columbia Heights, or the State of Minnesota, or both, which are necessary to obtain and maintain all funds necessary to administer the benefits as provided hereunder. All money received by the City Treasurer fi.om all sources shall be kept in the Volunteer Divisions Special Fund unless the monies are otherwise specifically designated. Otherwise proper sources of funds are to be deposited in the general fund, in which case the Treasurer shall take all steps necessary to deposit said funds in the general fund of the Columbia Heights Fire Department Volunteer Division. Section 7. Procedure. The Board of Trustees shall be governed by the procedural rules contained in the Charter of the City of Columbia Heights and the City Code of 1977, as amended fi.om time to time. Article VII- Funds Section 1. Special Fund. The Account in the special fund for the benefit of members of the Columbia Heights Fire Department Relief Association who are volunteers shall be continued and shall be designated the Columbia Heights Fire Department Relief Association Volunteer Division special fund. Monies and property shall be added to and disbursed fi.om the special fund as provided by law. The special fund of the Volunteer Division shall be separate and distinct fi.om the Columbia Heights Fire Department Relief Association Paid Division Special Fund. When every member of the Volunteer Division is deceased, the funds of such Division shall become a trust fund managed for the benefit of the beneficiaries of such fund. In the event the City Council shall abolish the volunteer branch of its Fire Department, any surplus remaining in the account of the special fund of the Volunteer Division after discharging all obligations to all members and other beneficiaries of the Volunteer Division shall be paid into the general treasury of the City of Columbia Heights. Section 2. General Fund. Any and all money received from other sources and interest thereon, shall be deposited in the General Fund, and may be expended for any purpose deemed proper by both the Paid Division and the Volunteer Division. The Board of Examiners of the Volunteer Division shall have the sole determination as to the vote or votes that all members of the Volunteer Division may have for any proposed expenditure of the funds in the General Fund. Section 3. Disbursements and Approvals. All disbursements of payments from the special fund for the payment of benefits hereunder shall be approved and authorized by majority vote of the Board of Trustees at a regular or special meeting held for that purpose. Section 4. Deposits. All monies belonging to the Volunteer Division special fund shall be deposited to the credit of the Volunteer Division special fund in such banks, trust companies, or other deposits as the Board of Trustees of the Volunteer Division may designate. 9 Article VIII- Defined Contribution I_ump Sum Benefits Section 1. Type of Benefit. The exclusive pension provided by the Volunteer Division is a "deEmed contribution lump sum service pension" as deemed in Minnesota Statutes, Section 424A.02, subdivision 4. Section 2. Service Pensions. Any volunteer firefighter as defined in Laws of Minnesota for 1977 Chapter 374, State Statute 39, who (1) has attained the age of fifty years, and (2) has served ten or fight A._., ,~ ~, ........ :.._ ~ _.., ........... A ....... "" ' """ I I shall be more years as a volunteer fn'e er ,,,~ ~oj ,,~ ,,,~,.,~ ~,oo,.u~,,-,~ ~,, ~,~,~ ,-:,, ,~ eligible to receive a lump payment, at the time of his or her retirement. The pension payment shall be paid to the member pursuant to Article XIII - Timing and Modes of Distribution. [Section 2: Move old section 2 to new ancillary benefits section.] Section 3. Applications and purposes of pension provisions. The provisions of this article apply to individuals who are members of the Volunteer Division and members of the Fire Department on or after [insert date of enactment of bylaws]. An individual shall not be considered a member of the Volunteer Division after receiving a lump sum distribution of his deemed benefit pension benefits from the Volunteer Division, unless the individual returns to active Eh'e fighting and accrues an additional benefit under these provisions. Effective [insert date of enactment of bylaws], the pension benefits provided by the Volunteer Division are converted fi:om a deemed benefit form to a deemed contribution form. The conversion is contingent upon the Volunteer Division's continued eligibility to share in allocations of En'e state aid under Chapter 69 of Minnesota Statutes. If the State Department of Revenue or a court of competent jurisdiction determines that these amendments do not qualify for state aid, a service pension shall be provided for under the terms of the bylaws as they existed immediately prior to this amendment. [Move old section 3 to new ancillary benefits Article.] Section 4. Eligibility to share in contributions. An individual shall be eligible to share in the contributions and forfeitures, if any, for the plan year only if the individual is credited with at least one month of service during the Plan Year and either (a) is a member on December 31, 1997 of that Plan Year or (b) terminated membership during the Plan Year for reasons other than death or disability. (Contributions for the Plan Year 1997 shall not be allocated on behalf of individuals who terminated membership with the Association and the Department prior to [date of enactment of the bylaws.] Section 5. Allocation of Contributions. Allocation Rule. Contributions to be made to the special fund and forfeitures, if any, for a Plan Year shall be allocated among the individuals entitled to share in the contributions for such Plan Year under section 4, in the ratio that the months of service credited during such Plan year for each such individual bears to the Months of Service credited during such Plan Year for all such individuals. (For the 1997 Plan Year, all months of service credited to eligible members who are active on or after [date of enactment of bylaws] shall be counted, including those prior to [date of enactment of bylaws]. 11 These dates were irregular in the original set of bylaws. Is this correct? Or is this supposed to apply to members who retire after August 28, 19897 10 Time of Making Allocations and Time of Funding. Allocations under sub-section (a) shall be made as of each December 31, after each Account has been adjusted for gains or losses. The calculation of each Member's share of the Association's fiscal year and receipt by the Association of the audited financial report prepared by the Secretary and the Treasurer for that year. The Treasurer shall submit to the Trustees for approval that amount to be credited to each member's account. Make-up contributions for omitted members. If, after the contribution for a Plan Year has been made and allocated, it should appear that, through oversight or a mistake of fact of law, a Member (or individual who should have been a member) who was entitled to share in such contribution received no allocation or received an allocation which was less than he should have received, the Trustees may, at their election, and in lieu ofreallocating the prior contribution, make a special make-up contribution out ofunallocated earnings for the Account of such member in an amount adequate to provide for him the same contribution for each Month of Service as would have been allocated to his Account if such oversight or mistake had not been made. Unallocated earnings include any income of the Special Fund earned since the preceding accounting date that has not yet been credited to the Member's account pursuant to Section 7 (a). Section 6. Establishing the Individual Member's Accounts. Transfer Accounts. The initial allocation to the Accounts of Members identified in Section 1 of this article shall be determined by dividing the total value of the special fund as of December 31, 1997, (reduced by any reasonable expense reserve determined by the Trustees) by the months of service as of December 31, 1997, shall equal the Member's account pursuant to Section 7 (a) Annual Reports. A member shall be entitled to inspect his or her account balance and transactions in the member's account by giving reasonable notice to the Treasurer, of the request. At least annually, (no later than the First Monday in April), the Treasurer will provide each member with a written report of the member's account balance and vesting level as of the most recent accounting date and any account transactions (such as distributions), contributions and forfeitures) during the prior Plan Year. Section 7. Periodic Adjustment of Accounts and Forfeitures Annual Adjustments. As of each accounting date, the account of each member, former member and beneficiary shall be revalued. As of each accounting date, the trustees shall value the assets of the special fund at their fair market value and determine the net investment gain or loss of such assets since the preceding accounting date. In determining the net investment gain or loss (1) the accrual basis of accounting shall be used (unrealized appreciation or depreciation shall be taken into account), and (2) contributions to the special fund and payments or distributions fi:om the special fund to provide benefits for members, former members and beneficiaries shall not be considered as gains or losses of the special fund. After the close of the plan year, the net investment gain or loss for said Plan Year shall be credited or debited, as of the accounting date for such Plan Year, to the respective accounts containing such assets and which are existing on said accounting date in proportion to the value of each such account on the preceding accounting date, but reduced by forfeitures or 11 distributions from said account made during the plan year. Accounts of former members, which are 0% vested, shall be disregarded in allocating net investment gain or loss. The value of each account, as adjusted by the preceding provisions of this section, increased by contributions and forfeitures allocated to such account and reduced by distributions or forfeitures from such account for that Plan Year, shall be the value of said account on the accounting date for the plan year. Adjustment on direction. A valuation of the special fund shall be made as of any other date specified by the Trustees, and this date shall be considered an accounting date. Forfeited individual account. Ifa member terminates membership with the Volunteer Division and the fire department prior to meeting the service requirement for receipt ora 100% vested pension benefit, as described in Article XIV - Early Vesting, and has not returned to active service with the association within a period of five years, then that member's non- vested account shall be forfeited and reallocated pursuant to section 5 as of the accounting date for the Plan Year in which the five-year period ends.12 Article X- Investments Section 1. Prudent Person Standard. Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Section 2. Investment Duties of Board. It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Volunteer Division and whenever investments are made, to investigate and pass upon the securities offered and to attend to the drawing and execution of necessary papers. The Board of Trustees shall order an audit of the books and accounts of the Secretary and the Treasurer annually, according to law, and shall submit a written report of the condition of the Volunteer Division to the members at the annual meeting. The investment of the funds of the Volunteer Division shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws, and the investment policy attached hereto. The Board of Trustees shall meet with the Investment Committee. The members of the Board shall act as Trustees with a fiduciary obligation to the State of Minnesota, to the City of Columbia Heights and the members of the Volunteer Division. 12 Obviously, sections 4-7 are significant changes. The monthly pension benefit is deleted and the defined contribution pension applies to all active members going forward. 13 Will there be a reason to insert an additional article related to any buyouts prior to the conversion? It coul.d go here. 12 Section 3. Investment Committee. The Board of Trustees may designate two or more Board of Examiner members and two or more Board of Trustee members to sit on an investment committee. The treasurer, the president and an ex-officio member shall sit on the committee. The investment committee shall investigate and make recommendations to the board of suitable investments for Volunteer Division funds among those permitted by Statute, the bylaws and the investment policy attached hereto. 14 Section 4. Broker's Statement. The board of trustees shall comply with Minnesota Statutes §356A.06, Subd. 8b that requires the Volunteer Division to provide annually to any brokers, a written statement of investment restrictions pursuant to statute or the investment policy that apply to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Volunteer Division shall acknowledge, in writing annually the receipt of the investment restrictions. The acknowledgment shall contain a statement of the broker's agreement to handle the Volunteer Division's investments pursuant to the written restrictions. 15 Section 5. Continuing Education Plan. The board of trustees shall develop and periodically revise a plan for continuing education for all members and officers of the board of trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. New trustees shall be require to complete twelve (12) hours of continuing education in the tmstee's first year of office. Thereafter, trustees shall comply with the board's plan for continuing education. 16 14 This is an optional committee. However, I recommend it since the Volunteer Division now needs to have a written investment policy in place under state statute. Such a committee can update the policy and keep informed about investments. t 5 During the 1995 legislative session, the legislature passed a law requiring relief Volunteer Division trustees to ensure that brokers and investment managers be informed about the restrictions on investment of public pension funds. Although these are requirements regardless of inclusion in the bylaws, I find that trustees are assisted when these types of provisions are included in the bylaws because it reminds them of the requirements that must be complied with. Although not required I would include a provision in the bylaws noting this requirement to continuously remind the officers and any brokers or managers of the requirement. 16 This provision is optional. Note that the statute requires the board to maintain a plan for continuing education. Members who are not considered experts in administration of public pension plans are required to get continuing education. 13 Article XI - Application for benefits Section 1. Form. All applications for benefits shall be made in writing on forms supplied by or satisfactorily to, the Columbia Heights City Manager. The City Manager shall forthwith deliver all applications to the Board of Trustees. The Board of Trustees shall convene a special meeting of the Board of Trustees to make a determination on all applications. All determinations of the Board of Trustees shall be made within thirty days after the application was submitted to the City Manager except when a longer period of time is necessary to receive medical evidence in disability cases. No benefits or pensions shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be f'mal. Section 2. Content. Applications shall be verified under oath by the applicant and shall state, in addition to any other information required by the City Manager, the following: The age of the applicant, or member, or both; The period of service and anticipated date of retirement from the fire department of the City of Columbia Heights, Minnesota; The length of time the applicant or member, or both, has been a member of the Volunteer Division or its predecessors, including dates in membership of the Columbia Heights Fire Department Relief Associations; Such other and further information the Board of Trustees may require Section 3. Notice of intent to retire. It shall be the duty of each member xvho intends to retire and request a service pension from the Volunteer Division, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with the Secretary not less than 6-months 60 days prior to the date of retirement and submission of application for service pension. Upon receipt ora notice of intent to retire, the Secretary shall provide any notices to the applicant as required by state or federal law with respect to pension or benefit payments. 17 Section 4. Approval of Applications. It shall be the duty of the board to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. If shall also be the duty of the board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to appeal the decision pursuant to Article XVI - Procedure for Review. Article XII - Ancillary Benefits Section 1. Survivor's Benefits. 17This language can be added to require that a member give the board notice. 14 Subd. A. Active Volunteers. Upon receipt of the information in subdivision C, and a copy of the death certificate of an active volunteer firefighter as defined in Laws of Minnesota, Chapter 374, State Statute 39, the surviving spouse and if there is no surviving spouse, the surviving child or children and if there are no surviving children, the estate, shall be eligible to receive payment of the entire account balance of the deceased member. The payment shall represent the account balance as of December 31, of the year in which the death occurred. The survivor benefit payment may be made according to Article XIII - Timing and modes of distribution. 18 Subd. B. Terminated vested volunteers. Ifa prior member of the Volunteer Division is (1) inactive (no longer a volunteer fire fighter in good standing) at the time of the volunteer's death and (2) who has served ten or more years as a volunteer firefighter prior to the volunteer's death, and (3) who dies before reaching the age of fifty year years, the surviving spouse, surviving children or the estate if there are no survivors, is eligible to receive a death benefit in lieu of the member's retirement that shall e a e ene C a distril3utablc, within three months after the date of death. Only the vested portion of'the account shall be distributed. Subd. C. Notice. The surviving spouse, surviving children or estate, if there are no survivors eligible for survivors benefits under this section may, within sixty days after the date of the volunteer's death in the case of an active volunteer under Section l A or --':"-:- -: .... ~ ..... '~ .... '-- ~ ...... ' ..... '-'- ..... " ...... -' ..... ~' ...... ~' -'-' ............. ~- and Section lB, serve upon the City Manager, as ex officio member of the Board of Trustees, a notice of election to receive the payment according to Article XIII Timing - and modes of distribution. Trustees shall within ten days of receiving notice of the volunteer's death, mail notice of the right to elect a payment method under Article XIII - Timing and modes of distribution. The notice shall be sent to the beneficiary at an address designated by the volunteer in writing and filed by the volunteer with the City Manager as ex officio member of the Board of Trustees. Sub& D. Payments due. Pay"mcnts pursuant to Sections lA and lB hereunder shah be due within sixty days fi.om the date the Board of Trustees is notified of the death. Payai~cnt$ pursuant to ~,.,,. ....... ~ ,,, ,,,~y y~,,~. Notification shall include a certified copy of the deceased volunteer's death certificate. 18 State law requires survivor benefits to be paid to surviving spouses and if none, to the surviving children. The law says nothing about payments to the estate. See Minn. Stat. 424A.05, Subd 3. Funeral benefits can, however, be paid to the estate if there is no surviving spouse. I have tried to craft something that complies with the law, however, be aware that the current use of beneficiary forms was really not in compliance. A firefighter cannot sign away a survivor's right to the benefit. 19 I am curious as to why you would wait until they would have turned 50? I suppose it makes sense for purposes ora monthly plan, but with a def'med contribution plan, you may want to consider paying it out right away. 20 This seems harsh. 15 Subd.-F E. Limitations [move to new section on limitations on benefits.] Section 2. Total Disability. A member who is permanently disabled from being an active in the Fire Department may be eligible for a disability benefit in lieu of retirement. Upon approval of the Board of Trustees pursuant to this section the disability benefits will apply: A member who is permanently disabled with a total disability that arises out of or in the course of his duties as volunteer firefighter; sustains a total disability which does not arise out of or in the course of his as a volunteer firefighter and has served at least ten years as a volunteer fh'efighter in the service Columbia Heights, and is an active member in good standing at the commencement of such disability22 shall be eligible to collect a disability benefit in an amount equal to his or her account balance based on valuation of the account on December 31 of the year in which the debilitating injury occurs or the sickness is diagnosed. The member shall be eligible to receive the disability benefit within 30 days of the date of approval of the Board of Trustees. Limitation. Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefit. Benefit disqualification. No benefits shall be paid under this Section if the disability is directly or indirectly, wholly or partly as a result off self-inflicted injury or suicide, while sane or insane; or The commission or the attempted commission of an assault or crime by the individual. o Disability defined: Disability is defined as the inability to engage in performance of his/her duties as a ffrefighter by reason ora medically determinable physical or psychological impairment that is certified by a physician, surgeon or chiropractor acceptable to the board of trustees, which can be expected to last for a continuous period of not less than twelve months or can be expected to result in death.23 Reports Required. No member shall be paid disability benefits except upon the written report ora physician, surgeon or chiropractor of the member's choice. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Volunteer Division. 21 This section really isn't needed, as I don't see how the law allows a designated beneficiary other than those included in the statute. 22 Rick: this is what I called you about. Your articles of incorporation don't allow this so I suggest that you amend them to allow payment for these kind of benefits or remove them from the bylaws. I am sending along an articles amendment form for you. 23 The old bylaws used 30 days as the "test" for a disability. That may be a little short. 16 o Procedure. Written application shall be made to the Board of Trustees setting out the nature and cause of such disability. All applications for disability benefits shall be made xvithin 30 days after such applicant has ceased to be an active member of the fire department. The application shall be under oath by the member or his or her immediate family. The Board of Trustees shall attempt to meet within fifteen days after receipt of the application for disability benefits by the City Manager and shall act upon the application as soon as is expedient. The application shall be tabled until the next meeting so that a physician, surgeon or chiropractor of the member's choice may examine the applicant. The physician or chiropractor shall submit a written opinion concerning the diagnosis and prognosis of the applicant's disability and its probable duration of permanence. The Board of Trustees has the discretion to request that another doctor, selected by the board, examine the applicant as a condition precedent to being considered for payment of disability. Final determination of disability will be based on the reports of at least one doctor and by a 2/3-majority vote ora quorum of the Board of Trustees present at the subsequent Volunteer Division meeting. Proof of disability. An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicant's statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this section. In determining whether or not a firefighter is disabled, the Board of Trustees shall consider the Typical Duties Performed by a fire fighter as promulgated by the Fire Chief in the Rules and Regulations of the Fire Department handbook. Grievance Procedure. If the applicant for disability benefits feels the he/she has been aggrieved by any action of Board, the member shall, within sixty (60) days from notice of such action of the Board, file written objections and the reasons thereof with the Board and shall be allowed to appeal the determination pursuant to the review procedure in these bylaws.24 24 Relief Volunteer Divisions have the authority to pay temporary or permanent disability benefits to members. Minn. Stat. §424A.05, Subd. 3, (2). This statutory provision requires that a relief Volunteer Division specifically state that it provides disability benefits in the byla~vs, in order for the Volunteer Division to have the authority to pay such benefits. The statute is unclear on the extent of the coverage of these types of benefits. Currently, some relief Volunteer Divisions do pay disability benefits for injuries or illnesses that do not arise out of services performed in the line of duty. The bylaws of the Fire Department Relief Volunteer Division currently allow pa)~:nent for disabilities incurred outside the line of duty. I have maintained the same definition. I have also added some language. The definition section is different but incorporates the old 17 Payment. No benefits shall be paid under this section for any disability prior to thirty days before the application for benefits is served upon the City Manager. Payments of benefits under this section shall be made only during such time, as the volunteer is totally disabled. No benefits shall be paid under this section for any disability period during which the disabled member is actually performing services for the Colmnbia Heights Fire Department. Article XIII- Timing and Modes of Distribution Section 1: Because of the varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, insurance and/or estate planner, or an attorney. Alternate payment methods on the Application Form shall include: (1) (2) A single Lump sum check payment payable to the eligible retiree. Lump Sum payment by the Volunteer Division to a recognized insurance carrier licensed to do business in this state and approved for this product by the Commerce Commissioner under Minn. Stat. § 60A.40. (3) Installment payments as governed by Article XIII (4) Rollover to an IRA account pursuant to Article XII.25 Section 2: Upon written request from the retiring member who has given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as amended. Section 3: A member may elect installment payments as follo~vs: (1) The election of installment payments shall be irrevocable and shall be made by the retired member in writing on a form supplied by and filed with the Secretary of the Relief Volunteer Division no later than thirty days prior to the commencement of payment of the service pension. The installments shall be paid in equal annual installments, not to exceed three consecutive years. (2) If the retired member who elected an installment plan dies before all installments are paid, then the remaining unpaid at the time of death shall be paid to the member's surviving spouse, if any, and if there is no surviving spouse, to the surviving child or children, if any, and if no child or children survive, to the estate of such deceased member. definition, as well. 25 The board and membership need to decide it' it would like to offer annuities of installment payments, as these are optional forms of payment. 18 (3) The payment of each installment shall include interest actually earned by the Relief Volunteer Division but not to exceed 5%. The interest shall be compounded annually on the reserve supporting the remaining installments, computed fi.om the date the previous installment was made to the date of payment for the current installment payment.26 Article XIV - Early Vesting Provision In the event a member with frye ten years or more but less than twenty years of active service on the Fire Department resigns or otherwise becomes a nonmember, that person shall be entitled to the following benefits that represents the nonforfeitable portion off Completed Years of Service Nonforfeitable 10 40 60 percent 11 46 64 percent 12 5-2 68 percent 13 5-8 72 percent 14 64 76 percent 15 ~-0 80 percent 16 ~-6 84 percent 17 8-2 88 percent 18 8-8 92 percent 19 94 96 percent 20 and thereafter 100 percent27 Percentage of Account Balance 26 This is required under statute. 27 This language incorporates the old ten-year vesting schedule. This could be changed to incorporate the statutory schedule, which begins with 60 percent at year ten. The fund doesn't really take a loss anymore with a change in the vesting schedule. Whereas, under the old monthly plan, the fund would financial benefit with a lower percentage vesting schedule. Again, the Volunteer Division does not have to allow this; I offer it only as an example. Currently, the plan offers ten- year vesting that is substantially reduced in comparison to state statute. I.e. ten year vesting starts at 40%. 19 Article XV . Deferred Pension Status Section 1. Interest provided. Ifa member has attained the age of 50 years, and retires from the fn'e department and is otherwise eligible for the pension benefit, but has not taken a lump sum payment, the balance of that member's account will be credited with earned interest at the rate permitted by Minn. Stat. 424A.02, Subd. 7 which provides that: 1) Interest will be paid on the lump sum amount deferred. 2) During the period of deferral 3) At the rate actually earned by the Association on Special Fund asset investments, but not to exceed 5% per Minn. Stat. 356.215, Subd. 4d. 20 Article XVI - Procedure for review28 Section 1: In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. Section 2: If an application is not approved~ the board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full board, on the question of whether the applicant meets all of the eligibility requirements. The member shall indicate that the member intends to appeal by furnishing the board with a written intent to appeal that is filed with the Secretary of the Volunteer Division within 30 days ofreceMng an adverse determination. The intent to appeal shall be certified by the member. Section 3: Upon receipt of the written intent to appeal, the Board of Trustees shall hold a special meeting within 60 days of receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The board reserves the right to engage the services of a mediator, acceptable to both parties, at any time during the appeal. The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator shall be split in half among both parties.29 Article XVII . l_irnits on benefits30 Section 1: Domestic Relations Order: A qualified domestic relations or domestic relations order shall be accepted by the plan administrator if in compliance with state and federal law. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C. 414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under state law. Section 2: Garnishment, judgment or legal process: No service pension or ancillary benefits paid or payable from the special fund of a relief Volunteer Division to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution, or other legal process, except as provided in section 518.58, 518.581, or 518.611. Section 3: No person entitled to a service pension or ancillary benefits from the special fund of a relief Volunteer Division may assign any service pension or ancillary benefit pa~xnents, nor shall the Volunteer Division have the authority to recognize any assignment or pay over any sum which has been assigned. 28 Minn. Stat. §356A, the public pension fiduciary responsibility act requires public pension funds to have a procedure in place for review of negative determinations for applications for pensions or benefits. 29 The mediation is certainly one possibility. Arbitration could be another. 30 Most of the language for these provisions is taken directly from statute. 21 Section 4: Limitations on Ancillary Benefits: Following the receipt of a lump sum death benefit neither a member's surviving spouse or estate is entitled to any other or further financial relief or benefits from the Volunteer Division. Article )(VIII - Amendments to the Bylaws Section 1. Procedure. The By-la~vs of the Volunteer Division may be amended at any regular or special meeting of the Board of Trustees by a 2/3 3/5 majority vote of the members present and voting, provided that a quorum is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same a regular or special meeting not more than 31 days next preceding that upon which such amendment or amendments are acted upon, and that a notice be mailed to each Trustee at each not less than 10 days prior to such meeting.31 31 The old bylaws have no provision for amending the bylaws so you may want to add one. Here is a sample provision. The nonprofit corporation act says that if the articles are silent on this matter, the authority to amend the bylaws is vested in the board. Currently, the articles are silent so I have included an appropriate provision. 22