HomeMy WebLinkAboutSeptember 15, 1997 Work SessionCITY OF COLUMBIA HEIGHTS (1"')
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
ADMINISTRATION
Notice is hereby given that an official meeting
is to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Mayor
Joseph Sturdevant
Councilmembers
Donald G. Jolly
Meg Jones
Gary L. Peterson
Robert W. Ruettimann
City Manager
Walter R. Fehst
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
Purpose of Meeting:
MAYOR, CITY COUNCIL, CITY MANAGER
M~0NDAY, SEPTEMBER. 15, 199'7
7:0_QP.M~-
CITY HALL CONFERENCE ROOM
WORK SESSION
CONSENT ITEMS FOR 9/22/97:
1. Review of Audit Engagement Letter for 1997 Audit
2. CHASE Presentation
3. Purchase of Security System for Murzyn Hall
4. Establish Date for Public Special Assessment Levy
Heating
5. Ramsdell Park Dedication
6. Resolution Accepting a $30,000 COP Grant from the
State of Minnesota
7. Approve Classification & County Sale of Certain Forfeit
Land
DISCUSSION OF NON-CONSENT ITEMS FOR 9/22/97:
1. Sale of Lots on 38th Avenue
2. Review of Proposed By-Law Changes for the Fire Relief
Association
3. Review of Second MIS Position
4. Discuss Administrative Tag System
5. Charter Commission Ordinance 1349 Regarding Chapter
3, Section 17
6. Hard Surfaced Driveways Report
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, accommodations
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. (TDD/782-2806 for deaf only)
THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES
EQUAL OPPORTUNITY EMPLOYER
C(TY' OF COLUMBIA HEIGFITS ([.-)
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-38'78 (6 ! 2) 782-2800 TDD 782-2806
ADMINISTRATION
Notice is hereby given that an official meeting
is to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Mayor
Joseph Sturdevant
CouncJJmernbers
Donald G. Jolly
Meg Jones
Gary L. Peterson
Robert W. Ruettimann
City Manager
Walter R. Fehst
Meeting of':
MAYOR, CITY COUNCIL, CITY MANAGER
Date of Meeting:
MONDAY, SEPTEMBER 15, 1997
Time of Meeting:
7:00 P.M.
Location of Meeting: CITY HALL CONFERENCE ROOM
Purpose of Meeting: ~l~WO~ SESSION
'/~ "~?at'~~ CONSENT ITEMS FOR 9/22/97:
.L~ ~~
/~ ~. ~5. Ramsdell P~k Dedication ~~~
~ &g '~ '' ~. ResoluI~n Accepting a $30,000 COF ~ant ~om the
& ~ ~ate of~esota
DISCUSSION OF NON-CONSENT ITEMS FOR 9/22/97:
'
-7,,'"/, ..... DiscussAdmi strative Tag
. ~:~ ~ Cha~er Co~ssion Ordinance 1349 Regarding Chapter
~. n ~ '~~ .1/~ "~ 3; Section 17
~ ~ ~~~~[~ ~ ' ~ Hard Su~ d Dfiveways'Repo~ ~_ 7~
The Ci~ of Cohmbia HeiSts does not disc~ate on the basis of disability in the ad~ssion or access
to, or tr~tment or emplo~ent ~ ks se~s, pro,ms, or a~i~ties. Upon requem, acco~odations
will be prohded to allow indMduals ~th disab~ties to p~icipate ~ all Ci~ of Columbia Heights'
se~ices, pro,ams, and actMties. Au~lia~ aids for handicapped persons are av~lable upon request
when the request is made at least 96 hours ~ advance. Please c~l the City Council Secreta~ at 782-
2800, Emension 209, to make a~angements. (~D/782-2806 for de~ o~y)
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
CITY COUNCIL LETTER
MEETING OF: SEPTEMBER 22, 1997
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO.: FINANCE APPROVAL
ITEM: AUDIT ENGAGEMENT LETTER BY: WILLIAM ELRITE B Y://J,~~;.;~,~
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
9709113
Attachment: Letter from Tautges, Redpath & Co., 7/24/97
COUNCIL ACTION:
,Tnly 24, 1997
W'flliam F. lrite, Finance Director
City of Columbia Heights
590 40th Avenue NE
Colu~mbi~ ~ Iv~ 55421
Dear Bill:
These contracts are similar to the previous com~s. Section I of the contract defines the scope
of'services to be provided. Section Ill rdatcs to fees for our sm'vices.
The followi~ schedule is of prior year fees:
Comxact Amount Fe~s UnbilI~i
Year City EDA Total Incun'ed lees
1994 $21,045 $5,950 $'26,995 $37,852 $10,857
1995 22,000 4,000 26,000 30,289 4,289
1996 22,800 4,200 27,000 32,817 5,817
government ~ccounting pPmciples (i.e. ~~ r~ ~ Of ~ ~ ~ ~ ~&
and fedtual programs). This wide range translates into increased audit effort and increased dry
staff effort. Additionally, thc majority of the. se additional unb~l f~s have b~en related to FDA
~,viu'es. Aa such, we are proposing the followin~ f~es for 1997 throush 2000:
Year City EDA Total
1997 $23,500 $6,500 $30,000
1998 24,200 6,800 31,000
1999 24,900 ?,100
2000 25,700 7,400 33,100
The above fees are based on antidpated cooperation fi'om Ci~ imsonnei and thc assumption that
unexpected clrcumstan~s will not be cncountcmd. The above fees also anticipate thc sarnc level
Of activit~ as in 1996. We are proposing a four year engagement. The proposed change in the
City of Colu~ia Heights
~uly 24, 1997
Page 2
~ r~nting model may have an impact on audit f~es. Until a final statement is issued by
the ~ASB, it is dimoult to determi~ the estimated impa~ i~any, on madit fee~. Therefore, st four
year tean~ is rec~nmm~d~d. As shown above, the ~ in proposed feea for the F.,DA is dueto
changes in roles governing federal compliance audit. The audit threshold has been in,'eased to
$300,000 of federal financial ~c~. Without the EDA, it is like~ th~ City would not be
required to have a federal single audit. Therefore, ~t llxea~ portion ofttte federal complian~
We have enjoyed workin8 with you and your staff for the past five years and look forward to
~onliminS our assoSaiion with th, C~ of Columbia Heights.
Upon approval ofthis agreement by your ooundl, please return ort~ cow to our office and retain
the other c~opy for your fries. If you have any queinion~ please do not hesitat~ to call.
Sincerely,
TALrI~tj-"E$, It~DPATH & CO., LTD.
David ~. Mol, CPA
DrM/c
Memo
To:
From:
Date:
Subject:
Walt Fehst, City Manager
Julie Dehmer, Recreation Program Coord~_at(2~ CHASE Grant Manager ff__.~ ~
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 SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Recreation APPROVAL
SECURITY SYSTEM FOR BY: Keith Windschitl, Reoreation
ITEM:
PURCHASE
OF
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 author~e staff to purchase the security system from United States
Security, Inc. and Varda alarm for John P. Murzyn Hall for the price of $3,164.50.
COUNCIL ACTION:
ALARM
UNITI D STATES SECURITY INC.
100:~8 BROOK$IDE AV~=. SO. BLOOMINGTON MN 55437
TEL: {612) 881-1323 FAX: (612/ 881 -t309
9/E197
CITY OF COLLrY~[~ HGTS.
Recreation be.r~tment
530 Mill Stree=
Columbia }~ts. ~ MN 55421
Atten: Mr. Kei,th Windshitl
1) FURNISM z~D.;iNSTALL 8 I,R. detectors and one keypad per drawings
~a~eria] $785.00
Tax 31.85
Lebo, r 468.00
Add $30,00
Add $5O.O0
No mon~ ~oring
$28,00
1.63
36.00
$6Y. 63
* Unable ~o v~ew Job
VARDA COMPANY
~o~ces.*
The NEW GENERATION and a NEW STAaNTDARD in radio stakeout alarms.
Digital Voice
A new solid state digital recorder is now available which will:
Update old alarm technology to the 90's and the standard of the future.
A/Iow subzero operation.
Provide solid state dependabili'~.
~Iiminate ail tape recorder problems.
Provide improved recorded voice quality.
Allow. ali 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 First time, Varda alarms will be equipped with a completely dependable soEd
state recorder. Now when a message is recorded, it is stated only one time. No need to repeat
messages during recording. When the message is played back, it will always start at the
beo~aning and will repeat automatically for 18 seconds and turn off automatically.
Voice quality is improved and cold weather operation is assure& The voice is your voice as
you recorded it in the field. The messages are not "tanned". No separate external progranuner is
req-ired. To make a recording, just push a but¢on and say the message one time. 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-2729 Alta Vista Drive-Bakersfield, Ca. 93305
Phone 805 323-1703 - Fax 805 323-1761
; It can cost S300,000.00 per year m him men to cio 6¢
' work of a single Varda porT. able stakeout machine.
When Varda is on the job, officers can be released for
other duty.
Varda radio stakeout can save the costs of investigations
· n ,a~. '-~ ~ ~ by catching be criminal at the scene of the crime.
:g ' '~ · Court costs are saved when a criminal is caught at the
scene and must plead guilty on arraignment.
VAJU)A RADIO STAKEO UT PROVIDES WORLD'S FASTEST RESPONSE
Installed quickly in a stakeout area by a.n officer, this machine, when tripped by an intruder or victim,
will broadcast a prerecorded voice message (and/or di~rai readout message) directly to police vehicles,
bearmen and stadon. Its effect is to move the police department to the scene of the crime, while the crime
is occurring, ~eady 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 a_nd
understood by the officer who responds instantly.
OTHER IMPORTANT FEATURES INCLUDE:
R~.NGE U'P TO .30 MILES
· ,TI:L~NSMITS ON POLICE FREQL"ENCIES
,, PORTABLE - INST-2cLLS IN M2NL"FES
· SELF CONTAiN'ED - BATTERY OPERATED
MA~VY TRIP DEVICES A VAIL4BLE:
Body heat sensor detects body heat to 60 feet and
radios to 200 feet to trip main alarm.
Bak money transmitter for cash drawer.
Pocket panic transmitter or necklace wa.nsmitter for
robbery, and rape cases. ~
NEWEST FEATURE -
SOLID STATE DIGITAL VOICE RECORDEFI
OPTIONAL DIGITAL R.EADOUT RECEtVF_~
OPTIONAL PRIVATE Lt.N~ TONES
OPTIONAL 10 CH,4.NNEL SELECTOR SWITCH
ENTRY - EXIT DELAY SELECTOR
Tilt transmit[er for computer type thefts..
General use transmitter used with mats, remote trip
lines, magnetic contacts, airwave switches etc.
,aC line carriers use AC wi.ting to trip from remote rooms or
buildings.
Midrange transmitters extend trip range up to a mile.
Varda's Guarantee: 20 years since 1968, Varda Company has extended a one year parts and labor guarantee
on ali items except batteries which are limited to 60 days. Return warranty items
prepaid to factory. You may try before you buy. Varda 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[
Factory, Service: Fast, economical, expert ser-,'ice providing latest modifications and genuine factory parts.
VARDA COMPANY - 2729 Alta Vista Drive- Bakersfield. Ca. 93305 - Ph. 805 323-1703
AID SHEET
PRICES MAY BE CilANGED WITI1OUT NOTICE.
xM KIT SI::.TS: Include Alarm. Accessories and Trips. 8G ANT-I Short Antenna
,~ge Kit: Alarm & Trips $3060.00 8H ANT-2 Long Antenna
Medium [{it: Alarm & Trips $2632.50 8[ Kit M-ICh 1 Channel Kit
.¢ Robbery Kit: Alarm & Trips 52005.50 8J Kit M-4Ch 4 Channel Kit
lC Burglary Kit: Alarm & Trips $1854.50
ALARMS ONLY: Includes antenna, R~ tripli.[~
. 2 Alarm only: Specify frequenc' 515.95 00 i~
ALARM OPTIONS: TONES, CRYSTALT¥C--HA-b¢~ELS, P~da. TS: ~
. 3 T-1 Tone (Specify Frequency). ~ 85.0tl ~; ~/ _ '"'
3A %5 Tone Encoder S 125.00
3B T-B Tone Burst Encoder $ 85.00
3C
3D
3E
3F
3G
3H
3I
T-D Digital Tone. Specify Code. $175.00
DE ANI Tone Encoder $ 290.00
DR ANI Readout $I 130.00
ANI Zone Jacks (6 maximum) ea$ 30.00
Crystal or extra channel $ 20.00
OS-3 Extra channets-Sl50BE (3) $ 88.00
OS-12 Extra channels" (12) $176.00
ANTENNAS, BRACKETS, COAX CABLE, ANTENNA PARTS:
4 A-I/4antenna, 150 or 450 MHz $ 12.00
dA A-I High Gain Antenna 150 $ 49.50
4B A-2 High Gain Antenna450 $ -19.50
__ 4C A-1CCovert Auto Antenna $117.00
4D Bracket Kit forA-t orA-2Ant. $ 10.00
4E BSA-K: Base Station Kit No Ant. $ 40.00
4F MM Magnetic Mount - no Ant. $ 45.00
4G RA Right Angle Connector $ 3.50
4H RG58 Coax & bracket. No Ant. $ 28.50
ALARM OPTIONS AND ALARM PARTS:
5 B-1Battery-14v, 2 ah for alarms $ 50.00
5A AC External Power Supply $ 93.00
5B_ DC_ _Ej_te_r_na!
RADIO TRIP DEVICES - MIDRANGE (I-2 MILES):
8 MRI00HT Pocket Tx $177.72
8A MRI00TX Alarm Tx-ICh $158.72
8B MR400TX Alarm Tx-ICh $141.74
8C MRI001LX Alarm Rx-lCh $188.02
8D MR400RX Alarm Rx-4Ch $164.04
.. 8E 90 Degree RF Connector $ 11.20
8F 180 Degree RF Connector $ 11.20
VARDA'S GUARANTEE:
$16.80
$ 32.75
$382.34
$ 338.38
HARD WIRED TRIP DEVICES AND DETECTORS:
... 9 TD Thermal Detector $159.00
9A PD Proximity Detector $ 295.00
9B AW Airwave Switch & Tube $ 58.00
9C WB Window Bug Detector $ 15.00
9D /vis Magnetic Switch $ 15.00
9E PB Pull Block (Remote tripline) $ 15.00
9F MMS Mini Magnetic Switch $ 15.00
9G SD Sound Discriminator $ 58.00
HARD WIRED TRIP DEVICES: MATS, TAPESWITCHES, ETC.:
10 PE-30 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 6x2Y' $ 20.00
10E NC-3 Wafer Switch (Closed) $ 15.00
10F NO-1 Wafer Swhch (Open) $ 15.(X)
10G BPl21Tapeswitch(IFoot) $ 15.00
10H 111 Footswitch $ 15.00
MISCELLANEOUS ITEMS AND MANUALS:
11 TP-2 Double Sided Tape $ 3.50
I IA Transformer 12V Wall $ 10.00
11B Trip Tabs For Tripline $ 0.15
! lC Trip Line and Tab $ 2.00
! ID Y Connector (for more jacks) $ 6.50
! I E TM Training Manual $ 4.50
! IF SMM Shop Maim. Manual $ 35.00
BY:
PH.:
SHIP TO:
STR F:.~_T ADDRESS:
CITY/STATF_.dZIp:
25 'YEARS, SINCE 1968, Varda
Company has
extended to police agencies 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. 93305. PH. 805 323-1703.
CITY COUNCIl LETTER
Meeting of · SEPTEMBER 22, 1997
AGENDA SECTION: ORIGINATING DEPT.. CITY MANAGER
ASSESSING APPROVAL
NO:
ASSESSMENT LEVY HEARING
NO: 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.
cal llevy,let
COUNCIL ACTION:
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
FROM:
SUBJECT:
Walt Fehst, City Manager
Thomas M. Johnson, Chief of Police~d4~
DEDICATION OF FUNDS FOR THE RAMSDELL PARK DEDICATION PICNIC
DATE:
September 10, 1997
Ramsdell Park dedication: The park sign is now at Fridley Park and Recreation to be routed. I was
advised by Mark and Lauren that they would advise me as soon as the sign is back. As soon as we
get the sign back, we will set a date for a dedication picnic. We would like to do this before the
second week of October in hope of having decent weather for the event. We will also need the
Council to dedicate some funds to this event--I think about $250 to $300 should cover the costs. I
was advised by the Finance Director that these funds would be available from fund 45050,
Recognition/Special Events.
RECOMMENDED ACTION: To dedicate $300 from fund 45050 Recognition/Special Events to the
Ramsdell Park dedication picnic to cover the cost of hamburgers, hot dogs, and miscellaneous picnic
supplies.
TMJ:mld
97-389
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
Walt Fehst, City Manager
Thomas M. Johnson, Chief of Police ~
COMMUNITY ORIENTED POLICING GRANT FROM THE sTATE OF MINNESOTA
September 10, 1997
Resolution accepting $30,000 community oriented policing gram for overtime from the State of
Minnesota. For the second year the 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 gram. There is no local match for the
grant. See attached resolution and letter from the State of Minnesota.
RECOMMENDED ACTION: To place the attached Resolution on the Council agenda for September
22, 1997.
TMJ:mld
97-390
CITY OF COLUMBIA HEIGHTS
RESOLUTION #
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.
Passed this
Offered by:
Seconded by:
Roll Call:
day of ,19__
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
445 Minnesota Street
Suite 1000
North Central Life Tower
St. Paul, MN 55101-2128
TTY ONLY: (612) 282-6555
Fax: (612) 297-5728
Telephone (VOICE): (612) 296-6642
September 3, 1997
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
Chief Thomas M. Johnson
Columbia Heights Police Department
559
~vtm St. N.E.
Columbia Heights, M-N 55421-3882
Dear Chief Johnson:
I am pleased to inform you that your agency has been awarded a grant under the 1997 Omnibus Crime Bill -
Community Oriented Policing Grant for Overtime. The amount your agency will be awarded is $30,000. If the
grant award is different from the amount requested, you are required to submit a revised budget for the amount of
the award. The grant agreement cannot be processed until the revised budget is received. Please submit this revised
budget no later than Friday, October 3, 1997.
The total amount available under this grant for FY 1998 was $1,102,000. There were sixty-six (66) applications for
a grand total of over $2.6 Million. Nine (9) applicants were funded at or near the requested level, forty-four (44)
were funded at a lower level than requested and thirteen (13) applications did not receive funding. The limited
availability of resources made it impossible to fund every project.
Detailed instructions on important areas of this grant will follow this letter. I am, however, including some basic
information:
The grants will be disbursed on a quarterly reimbursement basis.
You may request an advance of up to twenty-five percent (25%) of the grant amount, after the grant
agreement has been finalized.
There will be quarterly reporting requirements. The quarterly reports and invoices will be due by the 10th
day of the month following the end of the quarter.
Over the next couple of weeks I will be preparing the grant agreements and submitting them to the proper areas for
approval. Once this task is complete, the agreement will be sent to you for your signature. After all signatures have
been received, requests for advances will be processed.
Enclosed, for your information, is a sample "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT."
This resolution to accept these grant funds must be passed by your governing body. The person signing this
resolution, and any resulting grant agreement, must be authorized by the governing body to accept and expend these
funds. This resolution must be provided to me as soon as possible but before October 3, 1997.
I look forward to working with you this year. If you have any questions, please doh't hesitate to call. My telephone
number is (612) 297-1697.
~rety,
Rosalind R. Sullivan
Grants Coordinator
AN EQUAL OPPORTUNITY EMPLOYER
CITY COUNCIL LETTER
Meeting of: September 22, 1997
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
CITY MANAGER APPROVAL
NO:
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
OOUNTY 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
August19,1997
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 siqned, sealed and returned to us along with a
copy of the motion or resolution of your governing body approving 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.
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 parcel 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/TTY: 323-5289
August 19, 1997
Page 2
All pamels 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 paperwork returned to us bv 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,
Anoka County Land Commissioner
GR:si
Enclosures
CC:
Commissioner Dennis Berg
Jay McLinden, County Administrator
Tom Durand, Division Manager, Governmental Services
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minne~ota
DATE: Auguat 12, 1997 RESOLUTION #97-126
OFFERED BY COMMISSIONER: Berg
CLASSIFICATION OF NON-CONSERVATION pROPERTY
FOR lAND SALE PURPOSES
WHEREAS, the Board of County Commissionem of Anoka County, Minnesota, has prepared a
list, designated as ~on List Number 98, · copy of which is attached hereto as Exhibits X,
(Platted), Y (Unl~atted) and Z (Withdrawn), and hereby by reference made part hereof, which list
desoribea lend~ forfeited to the State of Minnesota pumuant to Chapter 282 of the Minnesota Statutes,
WHEREAS, the Anoka County Board of C~mmisNonem muet classify ali tax-forfeited land as
cormervation or non-cormerva~on under Section 282.01 of the Minnesota Statutes; and,
VVHEREAS, the Bo&rd of County Commissioner. has considered the present use of ad~acent
lande found in ea~d liet, the producLtvity of the soil, the charm."ter of forest or other growth, the ac~__~e_sibility
of the lande li~ed to eetabllsh roads, schools, and other public servfcee, and their peculiar suitability or
WHEREAS, the ~fion and saie of any tax-forfeited land lying within the bounds of any
organized town with · taxable value in exoeas of $20,000 or incorporated municipaJity muet be approved
by the town board of ~mh town or tt~ governing body of such municll~llty, insofar as the lands located
W~IEREAS, the said tow~ board or governing body will be deemed to h·ve approved the
classification and sale if the county board is not notified of the disapprovaJ of the classification and sale
within nirm~y days of the date the req,_~ for approval was transmitted to the town board or goveming
body; and,
WHEREAS, if fl'm town board or governing body deeiree to acquire any pmcel lying in the town
or mu~ by procacluree authorized by Section 282.01, it .hail, ~ ninety days of the request for
classification and .ate, ~e · w~ten application with the county boa.~ to withhold the p~rcel from public
.aie for one year:.
NOW, THEREFORE, BE IT RESOLVED that each parcel shown on Classification List Number
98 is hereby clasNfied as non-cortservation and approved for ~aie, subject to review by the town boards,
BE IT FURTHER RESOLVED that the Anoka County Land Commissioner shall forward · copy
of the reaok~ to the town bom~ of any organized township in Anoka County with taxable valuation in
BE IT FURTHER RESOLVED that if the town board or governir~g body of · municlpaJity fails to
notify the county board of the disapproval of · clasNflcation and saie of any of the lands described herein
within ninee/daye of the d~te the request herein is trarmmitted to the town board or governing body of
· munlcipaiiiy, it will be deemed to have approved the cla,t~ltca~ and saJe.
BE IT FURTHER RESOLVED that if the town board or governing body desiree to acquire any
parcel lying in ttm town or municil:~lity under Section 282.01, it N'mll, within ninety days of the request
for clasa~cation and sale, ~e · written application with ttm county board to wifl"~h~d the parcel from
RE~OLLJTKN4
Page
~UNDEN
YES
X
X
X
X
X
X
X
NO
FORFTCRPT GENERATED=
CLASSIFICATION
7 APE 97 15:36
RUN~
SUBDIVISION
SEC/LOT TWP/BLOCK RANGE
APPRAIBEO
VALUE OF LAND
GILLETTES ANNEX TO COL HGTS
2. 26 30 24 43 0012
KEY 268286
THE W1/2 OF LOT 4 BLK 1
GILLETTES ANNEX TO COL HGTS,
EX N 86 FT THEREOF, ALSO EX E
60 FT THEREOF SUBS TO EASE OF
REC '
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 Iands above described lying within the
boundaries of the CITY OF COLUMBIA HEIGHTS in said County and 8tare
is hereby approved.
Dated
Attest:
· 19_____
The CITY COUNCIL
of the CITY OF COLUMBIA HEIGHTS
BY
[CLERK]
[MAYOR]
PAGE 1
' 'REPORT~ FORFTCRPT GENERATED: 7 APR 97 15:36 RUN,
PLATTED
PARCEL INFOEMATION TO CLASSIFY
AND APPRAISE. TAX-FORFEIT LAND
Citg o~
COLUMBIA HEIGHTS
Parcel PIN #
26 30 24 43 0012
Description:
THE W1/2 OF LOT 4 BLK 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.
Geographic Location: 4501 MADISON STREET
41.5' X 116.7'
THIS APPROXIMATELY-~C' X llg' RECTANGULAR LOT IS LOCATED
ON THE NE CORNER OF 45TH AVE AND MADISON ST.
, ,REPORT: FORFTCRPT GENERATED= 7 APE 97 15=36 ~UN,
PARCEL PIN# 26 30 24 43 0012
Please complete the following informat£on bU answering all appl£cable questions.
1. Is this parcel buildable or unbuildable? buildable
(a)
Has Uour citw/township adopted a local ordinance governing minimum
area, shape, frontage or access? Yes
(If ues, answer lb; if no, proceed to question 5.)
(b)
Does this parcel complW with Wour local ordinances regarding minimum
area, shape, frontage or access and, because of this, can be improved?
If Lt does not complw, please list reason(s) for non compliance.
Yes, however, may not be able to comply with floor area*and side yard
set backs.
2. Do Wou recommend combining this parcel with an abutting forfs£t parcel
(£f there is one)?
3. If Wour answer to #2 is wes, indicate which parcel on the list.
4. Do Wou 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?
[-2
6. Are there anW buildings on the parcel? If so, what twpe, and 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. Any other information you 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 Eaffertw, Land Commissioner
Anoka CountW Government Center
2100 3rd Avenue
Anoka, MN 55303
323-5427
, ~EPO~T: FORFTCRPT GENERATED: 7 APR 97 lS=36
VERIFICATION OF SPECIAL ASSESSMENTS
CITY OF COLUMBIA HEIGHTS
PARCEL PIN# 26 30 24 43 0012 Date of Forfeiture=
05/15/97
RUN=
Before Forfeiture Amount
After Forfeiture Amount
$8,482.60
Special Assessments Not Previously Certified -0-
Natershed District
Ne ask that you enter the amount of special assessments by category on the
captioned parcel. [f 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 no~ 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 setting 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
Natershed District
Date
CITY OF COLUMBIA HEIGHTS
Date: September 11, 1997
To:
From:
Subj:
Mayor Joseph Sturdevant
City Councilmembers
Walt Fehst, ~anager
Tina Good~anner
Sale of City owned lots
The City of Columbia Heights owns several lots available for single family construction. The
attached list shows each available lot, size, status, zoning and assessed value.
Below is a summary of two bids we have received on various lots. The first bid has been received
from Quality Checked Construction Inc, the same company who received approval to purchase
4613-15 Pierce Street. The second bid is from First Choice Homes for 4619-21 and 4625-27
Pierce Street.
Quality Checked Construction, Inc.
Quality Checked Construction has submitted two bids. The first bid is a proposal to purchase 572
38th Avenue for $19,000. This will be for an owner occupied client. They will construct a split
foyer 1,020 square foot home with a double attached garage. The square footage will meet
minimum code requirements. Floor plans have been submitted and will be available to view at the
worksession.
Quality Checked Construction states in their proposal that the City will be responsible for related
curb cut fees if a drive cut is necessary. Mel Collova explained that the City does not do this for a
developer and that it would be his responsibility.
I requested a list of homes built by Quality Checked Construction and the President, Mike Vagle,
responded with a few addresses. Please note that these homes are not the same as in the
proposal, but if you view them you would get an idea of their work. Addresses are as follows:
Blaine:
Lino Lakes:
Andover:
12458 Davenport St. NE (Hwy 65 and 242, south side of 242)
2230 Clearwater Creek Court
6625 Clearwater Creek Drive
1452 Avocet St
1270 145~ St
1371 146th St
The second proposal is for 566 38m Avenue for $14,000. This amount is $5,400 under the
assessed value. However, in the proposal Mr. Vagle explains that his customer is an investor who
would be interested in purchasing 578 and 549 38th Avenue and possibly 4204 6th Street if this
proposal were approved. The plan for 566 38th Avenue is for a split foyer 1,020 square feet with
double attached garage. As each proposal is for the same design they do plan on making each
front unique.
First Choice Homes
Bruce Nedegaard, President of First Choice Homes, has submitted a second offer of $15,000 for
4619-21 and 4625-27 Pierce Street for a total of $30,000. First Choice Homes is planning to
construct homes similar in size, style and cost to those constructed in Heritage Heights.
Staff feels this is a fair bid as these lots are under Federal restrictions. Both lots must be sold to a
first-time homebuyer at or below 80% of the median household income (please see chart). In
addition, the property at 4625-27 Pierce Street is restricted to a final value of $116,850. With
these restriction it is difficult to build a quality home and still pay full assessed value for the lot.
Mr. Nedegaard is the only developer who's been interested and willing to bid under these
restrictions.
Staff is presenting these bids for consideration and possible acceptance by the City Council. If
you have any additional questions please contact me at 782-2856.
~ST~NG OF ~TY OWNED PROPERT~S
AUGUST, 1997
MAP I ZON- ASSESSED
NO.I ADDRESS LOT SIZE (FT.) STATUS ING VALUE
1 566 38th Ave.'NE 58.4 X 123 Vacant, for sale R-2 $ 19,400
2 572 38th Ave. NE 58.3 X 123 Vacant, for sale R-2 19,400
3 578 38th Ave. NE 58.3 X 123 Vacant, for sale R-2 19,400
4 545 38th Ave. NE 52.5 X 135 Vacant, for sale R-2 19,000
5 549 38th Ave. NE 52.5 X 135 Vacant, for sale R-2 19,000
6 685 46 1/2 Ave. NE 82 X 149.5 Vacant, for sale R-2 19,500
7 4204 6th St. NE 40 X 129.6 Vacant, for sale R-2 17,000
8 4460 Buchanan St. NE 83 X !00 Vacant, for sale R-2 500
(soil problems)
9 4470 Buchanan St. NE 82.95 X 100 Vacant, for sale R-2 500
(soil problems)
10 1330 44 1/2 Ave. NE 100 X 123 Vacant, for sale R-2 500
(soil problems)
11 4656 Monroe St. NE 82.8 X 135 Vacant, for sale R-2 21,000
12' 4619-21 Pierce St. NE 60 X 115 Duplex to demo., R-2 17,300
land ready to sell
13 46~-~P~er~St. NE 60 X 115 Duplex to demo., R-2 18,200
land ready to sell
14' 4625-27 Pierce St. NE 60 X 115 Duplex to demo., R-2 18,200
land ready to sell
15 3982 Van Buren St. NE 62.5 X 129.1 Vacant (EDA owned) CBD 22,300
* Sale of new home to First Time Homebuyer with income under Federal HOME Program limits.
ken/cityown
Quality
Checked
Construction
Designer and Builder of Your Dreams
Quality- Our Pride & ~bur Joy
For Over 21 Years
~cbu wouldn't settle for less.r
Quality Checked Construction, Inc.
16300 Makah Street NW
Andover, Mn 55304
421-5221
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 understand 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. ft. 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 Pres.
Quality Checked ConStruction, Inc.
16300 Makah Street NW
Andover, Mn 55304
421-5221
To Ken Anderson,
We propose to purchase the lot at 566 38th AV. NE for $14,000. The
customer for this lot is an investor who plans on improving the property by
finishing the lower level and reselling. The house would still be a custom quality
built home by us, just not for an owner occupied buyer for now. If the terms are
acceptable for this tot the investor would follow up with purchasing three more
lots, 578, 549 38th Ave. and possibly 4204 6th St..
We understand 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 intent of the investor is cash the lot out prior to
construction. We would also 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. ft. home with double attached
garage. Plan number.~BSE8~G~2. We use 2x6 walls, all oak woodwork, and
custom cabinets. The exterior will have vinyl siding and raised panel steel garage
door. We will be having a different exterior using brick and boxed window.
Other options will use gables over the boxed bay window and different roof lines.
Thank-you for your consideration.
Sincerely,
Michael L. Vagle Pres.
FIRST
CHOICE
HOMES
1814 NORTHDALF BLVD. COON RAPIDS, MN 55448 (612) 7.57-6614 FAX 757-0649
September 2, 1997
City of Columbia Heights
590 - 40th Avenue N.E.
Columbia Heights, MN 55421
RE: Lots on Pierce Street
Dear Ken:
It is my understanding that the lots on Pierce Street are coming available for
sale. First Choice Homes would like to purchase the two lots for $15,000 per lot
and using the same conditions as we did for the Heritage Heights project. We
would like to purchase two lots instead of just one so we can keep the values up
as we did in the Heritage Heights area.
The values started at $112,500 and ended up at $175,000 in the Heritage
Heights project, which I feel has been a great attribute to the City for a good
clean-up project. This project has gone so good that I would hope the City would
consider doing more of a clean-up in our community.
If you should have any questions, please feel free to call me.
Thank You,
~Ned~e~laa?d ~~-~
President
A DIVISION OF NEDEGAARD CONSTRUCTION COMPANY, INC.
LIC. NO. 20007056
CITY COUNCIL LETTER
Meeting of: SEPTEMBER 22, 1997
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: FINANCE APPRQ~AL,¢ /~
ADOPTION OF THE NEW BY-LAWS DATE: 9111/97 DATE: ,.¢~.~/,y.'"-/
FOR THE COLUMBIA HEIGHTS FIRE
7,./. -
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 ali 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.
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- 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.
W E:dn/9709111
COUNCIL ACTION:
RESOLUTION NO. 97-
BEING RESOLUTION APPROVING THE ADOPTION OF 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 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
9709111
Columbia Heights Volunteer Fire Division
Relie~ivision
First Draft - Restate/~ylaws (Annotated)
[Insert da~/pffective]
Article ! - 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 il- Purpose
Section. I: Purpose. This instrument constitutes the Bylaws of tho Columbia Heights Fire
Department Relief Volunteer Division Volunteer Division, hereinafter referred to as "Volm~teer
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 govem all benefits
issued by this Volunteer Division.2
Article !11- General Definitions3
Whenever used in these byla~vs, the following terms shall have the respective meanings set forth
below, unless the context clearly requires otherwise, and when the defined meaning is iutended,
the term is capitalized.
Section I: 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
I The special law refers to the "Volunteer Division."
2 This language is adapted from state statute. The reference to reliefVolm~teer 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 reliefVohmteer Division is operating as a govermnental plan for purposes of
ERISA, the Employee Retirement Incoxne Security Act. Govermnental plans have fewer regulatory
requirements; therefore, it is in the Volunteer Division's-interest to qualify as a govermnental plan.
3 Add the following dcfnfitions section to file bylaws. This section provides clarification as to how
words are defined in the context of an article contained wiflfin a provision. Generally, if the bylaws
give a de£mition to the word, fl~en there is much more guidance to work with, as file board is
interpreting the bylaws. However, be careful not to use definitions that are in comrlict with state
statutes.
2
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 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 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 ~o 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 adrr~.nistrative expenses permitted by law.5
4 Tiffs dcf'mition is taken directly froln state statutes. I find d~at rcfcrcncc to statutes in thc bylaws
sometimes helps members, city cotmcils members, attorneys or other members of thc public
understand statutory limitations much easier as they arc reading through your bylaws. Therefore, 1
recommend that you reference thc statute when you arc able to give the reader guidm~ce.
5 This language is taken directly from state statute.
Section 3. Beneficiary. Any person or estate entitled under this plan to receive a benefit upon
the death cfa 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 me~nbers. 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 mid
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 resign&or retires from the
Fire Department and has a vested service pension shall forfeit Iris or her righl~y forfeitable, non
vested share of the pension. On January 1 o£the year alter the member has retired, the member's
forfeited share shall be distributed among the active members pursuant to Miml. 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 Department, who has not met the minimum active
service requirements to receive a det'med 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 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 year
of service shall be defined 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
portion's or parts of years may be considered in determining the length of service for purposes of
determining eligibility for benefits or mounts 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 mid
regulations of the Fire Department.
6 Most of my clients usually request this section. Tiffs is generally required by statute and gives some
darilication as to how to handle forfeiture. Tiffs allows you to lhnit a member reeeivh~g Iris 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 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 agreemen0 that complies with the provisions of Minn. Stat. 518.58, 518.58 l,
or 518.611.
Section I0. Account. the record of tho 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 mad/or municipal
contribution.
Section 13. Fenner member, any firefighter who shall cease to lneet 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 1 and ending
~ Article IV- Membership and Meetings
Section 1. Membership. Members of the Volunteer Division shall be persons ~vho are not
regularly entered on the full time payroll of the fire department of the city, bul who regularly
C ' · . . OW" .
omply w~th such rules as may be prescribed by the Public Safety D~rector j~f F~re Chief of the
City upon delegation by the City Council to such Public Safety Director or Fire Chie£ 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 defined by
the City Council, which may in its discretion set written standards, upon recommendation of the
Fire Chlef, by which to determine whether a volunteer is a "member in good standing."
Section 2. Leave of absence. 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 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 ot' the member for
subsequent full years of active service. 8
^o~
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.
5
Section 3. Meetings. The annual meetings of the members of the volunteer division shall be on-
Section 4. Special Meeti;,gs. 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 mW 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 caunot 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 quormn for the transaction of business at any regular or special meeting
shall consist of a majority of the members of the Volunteer Division.
Article V- Board of Exarainers
Section 1. Membe,'ship. The Board of Examiners shall be composed oft, in-members.V, lFive
members shall be members of the Volunteer Division who shall be elected at the rumual meeting
of the Volunteer Division. L-. J=:ua:y c.£TM~.o,. -.-u_..,, .u.~.,,,, ...... .-,,-.~,,.ou~- rcc, c':;'~n~,
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, q:he-six~
H,~¥o n~.o De~'*.mznt and ........... :---~
wi~h ~he expir~dat~ u~eln=lzauvi ~ ~:-, ,h .... c .................... ~:..:_:
second Monday of April, J~y ~d October of each ye~t e~*k~ ~,, t~. / .
Section 3. Sped~ meetings with members of tile volunteer division. Tile members oF the
Bo~d of Ex--ers sh~l attend ~1 meet~gs of~e Vol~teer Division membership. Failure to
attend ~y two properly noticed Vol~teer D~vision gener~ membership speci~ nleetings or
9 You may want to add thc last few sentences to clarify voting procedures at meetings of the membership.
6
two Board of' Examiner meetings, or a combination of two o£ either meetings, in one year shall
be cause for removal as a member of the Board of Examiners.
Section 4. Special Meeting with tile Board of Trustees of the Volunteer Division. Special
meetings between the Board of'Examiners and the Board of Trustees o£ the Volunteer Division
shall be held in the Columbia Heights City Council chanlbers and may be called at any time by
the Board of'Examiners, upon written request of at least thirty percent o£ file members oF such
Division or upon written request o£the President of the Board of~ A request shall be
delivered to the Columbia Heights City Manager and shall include the agenda for the meeting
and ~he time and date of the meeting. It shall be the duty of the City Manager to give all active
and,~r'e'~d members of the Volunteer Division, members of file Board o£Trustees and ex officio
members of'the Board of Trustees forty-eight hours written notice o£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 o£ file 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 o£ the
Volunteer Division Board of Trustees including ex officio members shall be sufficient to satisfy
the requirements o£flfis 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 of Trustees and file Board of Examiners of the Vokmteer
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 o£ Examiners shall be the representative of tile Volrmteer 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 rely
matters coming before the Board.
Section 6. Officers. The members of the Board o£Examiners shall elect mnougst their
members a President, Vice President, Secretary and Treasurer. Tile President shall be tile
presid'm'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 of the annual and special
meetings of the members of the Volunteer Division and the meetings of the Board of Exanfiners.
The Treasurer shall be the official representative of the Board of Exmniners 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 of a majority of the members of the Board.
Article Vi- Board of Trustees
Section 1. Members. The governing body ot['the Columbia Heighls Fire Department Relief
Association, Volunteer Division shall consist of a 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 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
Division 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:
a. To designate a bank to act as a depository, drawer, and disbursement agent ofm~d
for the special funds of the Volunteer Division;
bo
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 file special funds of the
Volunteer Division, as said examh~ations are required by the State of Minnesota, or
City of Columbia Heights, to mair),tain 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 ~nay, in the
discretion of the Board of Trustees, be appoint, ed 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 Volnnteer 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'~)f 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
fi.om 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 tile interest from tile
investment itself. The City Treasurer shall also collect from the State of Minnesota, all funds
interest thereon derived from levies imposed and collected b3' E:c ~'~'-" ......
..... · ~i .*~ ucit~ilt 0£ tit~
The treasu.rer shall further 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 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 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 Cohimbia 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
from time to time.
Article Vii- Funds
Section I. Special Fund. The Account in file special fund for tile 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 Voltmteer 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 file 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 file 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 the way that state aid is calculated. It is calculated based on population mid tnm'kct value Of
property. The full pot is comprised ora ~x on fire insurance premiums, but it isn't "linfitcd" to the premiums in
the city of Columbia Heights rather it is limited by the popt~lation and market value of the fire service mca of the
fire dcr)artment. You could replace this sentence withL...Jcollect from the State ofWlhmcsota, ai~
Cunds received fr~om thc tax on'insurance prc~niums ~llected pursuant to Mitre. Stat. §69.021,
~- 9
Section 3. Disbursements and Approvals. All disbursements o£payments from tile special
fund for the payment of benefits hereunder shall be approved and authorized by majority vote o£
the Board o£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 Trnstees of the Volunteer Division may designate.
Article VIII- Defined Contribution Lump Sum Benefits,
Section 1. Type of Benefit. The exclusive pension provided by the Volunteer Division is a
"deEmed 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 of Miunesota 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 (~k~ ro0;,,..~ ---~- ....................
shill 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 - Tinting and Modes o1'
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'l(receiving a lump sum distribution of his
deemed 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 deemed benefit form to a defined contribution form. The conversion is contingent upon
the V61unteer Division's continued eligibility to share in allocations of 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 qualil'y 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 oldsecfion 3 to new ancillary benefits Article.]
Section 4. Eligibility to share in contributions. An individual shall be eligible to share in file
contributions and forfeitures, if any, for the plan year only if the individual is credited with ntleast
one month of service during the Plan Year and either (a) is a member on December 31, 1997 ol'
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
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
individuals who terminated membership with the Association and the Department prior to [date
of enactmer~t of the bylaws.]
Section 5. Allocation of Contributions.
(a) Allocation Pule. Contributions to be made to the special fund and for£eitures, i£any, for
a Plan Year shall be allocated among the individuals entitled to share in the contributions
for such Plan Year under section 4, iii the ratio that the months orservice 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 o£service
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 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.
(c) 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 of
reallocating the prior contribution, make a special make-up contribution out of
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 7 (a).
Section 6. Establishing the Individual Member's Accounts.
(~i) 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)
(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 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. I'eriodic Adjustment of Accounts and Forfeitures
II
(a) Annual Adjustments. As of each accounting date, the account of each member,
. former member and beneficim3, 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
from 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 suda assets and which are existing on said accotmting
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 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 £orfeitures 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 dale for the plan year.
(b) Adjustment on direction. A valuation of the special fund shall be tnade as ofm~y
other date specified by the Trustees, and this date shall be considered m~ accounting
date.
(c)
Forfeited individual account. Ifa member terminates membership with the
Volunteer Division and the fire department prior to meeting the service requirement
for receipt ofa 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 IX- B~ef~/~ Volunteer Retired
See Resolution No. 96~,4, dfl~ November 12, 1996.13
Prior to Februaryl3, ~989
12 Obviously, sections 4-7 are significant changes. The monthly pension benefit is deleted mid II~c 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 could go
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 trader similar
circumstances.
Section 5. Investinent Duiies of Boar~l. It shall be the duty o1' the Board et'Trustees to prepare
modes and plans for the safe and profitable investment of the tmappropriated funds o£ 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 o£ the condition of the Voltmteer
Division to the members at the annual meeting. The investment o£ the funds o1' the Voltmteer
Division shall be in the exclusive control of the Board of Trustees, in conformo, nce ~vith state
statutes, the bylaws, and the investment policy attached hereto. The Board el'Trustees shall meet
with the Investment Committee. The members of the Board shall act as Trustees with a fiduciary
obligation to the State o£ Minnesota, to the City of Columbia Heights m~d the members o£ the
Volunteer Division.
13
Section 3. Investment Committee. The Board of Trustees may designate two or more Board
of Examinl~r 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 el'suitable
investments for Volunteer Division funds among those permitted by Statute, the byla~vs and the
investment policy attached hereto. 14
Section 4. Broker's Statement. The board of trustees shall comply with Miunesota 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
14 This is an optional committee. However, I reconuncnd it since the Voltmteer Division now needs to
have a written investment policy in place under state statute. Such a conunittee can update the policy
and keep informed about investments.
15 During the 1995 legislative session, the legislature passed a law requiring relief Volunteer Divisiou
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 arc included in the bylaws
because it reminds them of the requirements that must be complied with. Alfl~ough not required I
would include a provision in fl~e bylaws noting this requirement to continuously remind the officers
and any brokers or managers of the requirement.
14
Section 5. Continuing Education Plan. The board of trustees shall develop m~d 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 olTice.
Thereafter, trustees shall comply with the board's plan for continuing education. 16
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 determh~ations 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 there£ore has been
approved by a majority vote of'the Board o£Trustees. Decisions o£ the Board shall be final.
Section 2. Content. Applications shall be verified under oath by the applicmat and shall state, in
addition to any other information required by the City Manager, the £ollowing:
(a) The age of the applicant, or member, or both;
(b) The period of service and anticipated date of retirement from the fire department of
the City of Columbia Heights, Minnesota;
(c) The length of time the applicant or member, or both, has been a member o£the
Volunteer Division or its predecessors, including dates in membership o£ the
Columbia Heights Fire Department Relief Associations;
16 This provision is optional. Note that the statute requires the board to maintain a plan for
continuing education. Members who are not co~sidered experts in achni~fistration o£public pension
plans are required to get continuing education.
15
(d) Such other and further information tile Board of Trustees may require . _
Section 3.' 1Notice of intent to retire. It shall be the duty of each member//wh~ntends to retire
and request a service pension from the Voluntee,r,_Division, to file a notice offi'ntent to retire.
Such notice shall be in writing and shall be filect'q~l~ Secretary not less than ~mcn!.h.s prior to the
date of retirement and submission of application for service pension. Upon receipt ora notice o£
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 o£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.
Subd. A. Active Volunteers. Upon receipt of the information in subdivision C, mid a
copy of the death certificate of an active volunteer firefighter as defined in Laws o£ Mimlesota,
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 ofthe 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. If a prior member of the Volunteer Division is
(I) inactive (no longer a volunteer fire fighter in good standing) at the time of the vohmteer'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, file surviving spouse,
surviving children or the estate if there are no survivors, is eligible to receive a death benefit iii
lieu of the members retirement that shall be raid to the bel~eficiary ene me:-.'~ ~,,~,c.r '~z ~a',e- ,,
17This language can be added to require that a member give the board notice.
18 State law requires survivor benefits to be paid ~o survivh~g spouses and if none, to the surviving children.
The law says notl~ng about payments to the estate. See Minn. Stat. 424A.05, Subd 3. Ftmeral 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 fimfightcr
cannot sign away a survivor's right to the benefit.
16
when the deceased volunteer would have reached the age of filly years had the volunteer
survived. 19 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 in the case of an active volunteer under Section lA ~c':,':.~fin :.;xty day:
l.u.~ date when the decea.~ed vnh,nt~,or m~,r~h ..... suld have reached th~e ccfiP, v-'ca,-: ha~ thc,
x~!".x..eer £u..':;'c_ an .,,~ ,~,~ ,,, a ,G,,,,,,,,,,,~d v,~o,Gu vUitmLGG, u,,u,..~ Section lB, serve upon the
City Manager, as ex officio member of the Board el'Trustees, a notice of election to receive the
payment according to Article XIII - Timing and modes of distribution. F~i!ure tc give
--., v ............ The Board of Trustees shall within ten days of receiving
notice of the volunteer's death, mail notice o£the right to elect a payment method trader Article
XIII - Timing and modes ofdistribution. 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.
Subd. D. Payments due. Payments pursuant to Section 1A~ereunder shall be due
within sixty days from the date the Board of Trustees is notified of the death, l~.yii~an:3
~.. e~,;~. , ~, oho, s.., .~ ...... ;a,;.. :ixty day~ fo::'... ,u~ d .... u~ Beam .... is '~' ......
death but aP. er '..he date '..hal thc d¢c¢~¢d :'~!":teer member h?_d !be ,,oi;,,,_teer me:,2ber
................. "g ...... y:=:.- Notification shall include a certified copy of the
deceased volunteer's death certificate.
Subd. E. )~signated ~eficiary. 21
Subd. F. 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
(1) permanently disabled with a total disability that arises out of or in the course o£his
duties as volunteer firefighter;
(2) sustains a total disability which does not arise out of or in the course of his as a
volunteer firelighter and has served at least ten years as a volunteer firefighter in the
service Columbia Heights, and is an active member in good standing at the
commencement of such disability22
191 am curious as to why you would wait until they would have turned 50? I suppose it makes sense for
purposes ora men,lily plan, but will) a defined contribution plan, you may wm)t 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 thtu~ 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 then) from the bylaws. I mn seuding along m~
articles amendment form for you.
17
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 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.
o
Benefit disqualification. No benefits shall be paid under this Section if
the disability is directly or indirectly, wholly or partly as a result of:
(a) self-inflicted injury or suicide, while sane'or insane; or
(b) The commission or the attempted commission of an assault or
crime by the individual.
5.
Disability defined: Disability is defined as the inability to engage in
performance of his/her duties as a firefighter by reason of a 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 ¬ 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 o£a physician, surgeon or chiropractor o£ 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.
Procedure. Written application shall be made to the Board &Trustees
setting out the nature and cause of such disability. All applications [or
disability benefits shall be made within 30 days after such applicant has
ceased to be an active member o£ the fire department.
(a) The application shall be under oath by the member or his or
her immediate family.
(b) The Board &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 tmtil 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 "test" for a disability. That may be a little short.
18
o
o
(e)
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 file 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 Fke 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 file 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
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 Columbia
Heights Fire Department.
24 Relief Volunteer Divisions have the authority to pay temporary or pennm~ent disability benefits to members.
Minn. Stat. §424A.05, Subd. 3, (2). This statutory provision requkes that a relief Volunteer Division
speoitieally state that it provides disability benefits in the bylaws, 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 m'ise out
of services performed in the line of duty. The bylaws of the Fire Department Relief Volunteer Division ctm'ently
allow payment for disabilities h~eurred outside the line of duty. I have maintained the same definition.
I have also added some language. Tile det'utition section is different but incorporates the old definition,
as well.
19
Article Xill- Timing and Modes of Distribution
Section 1: ~ecause of lhe varying circumstances in each member's retirement pla,ming, 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) A single Lump sum check payment 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) 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 follows:
O)
(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 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 mmual
installments, not to exceed three consecutive years.
If the retired member who elected an installment plan dies before all instalhnents are
paid, then the remaining unpaid at the thne of death shall be paid to the member's
surviving spouse, if any, and if'there is no surviving spouse, lo 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 Relier
Volunteer Division but not to exceed 5%. The interest shall be compounded
annually on the reserve supporting the remaining instalhnents, computed from the
date the previous installment was made to the date of payment for the current
installment payment.26
25 The board and membership need to decide if it would like to offer mmuitics of installment payments, as these
are optional forms of pay~nent.
26 This is required under statute.
20
Art~i..q XIV - Early Vesting Provision
In the event a member with five'years or more but less than twenty years o£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 of:
Nonforfeitable Percentage of Account Balance
Completed Years of Service
10
11
12
13
14
15
16
17
18
19
20 and thereafter
~ per~6nt ~,0 %
~6 percent
5~ prent (a,~'
64~lrcent
70 p~rcent
76 ,~cen t
82 ;r~ent
~rce~t27
Article 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 lump stun
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.
27 This language incorporates the old ten-year vesting schedule. This could be changed to incorporate
the statutory schedule, wlfich begins with 60 percent at year ten. The fired doesn't really take a loss
anymore with a change in thc vesting schedule. Whereas, m~dcr the old monthly plan, the ftmd would
financial benefit with a lower percentage vesting schedule. Again, the Voltmteer Division does not
have to allow tkis; I offer it only as an example. Currently, the plan offers ten-year vestiug that is
substantially reduced in comparison to state statute. I.e. ten year vesting starts at 40%.
21
Article XVI - Procedure for review28
Section 1: In the event that the Board of Trustees denies an application for a service or aacillary
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 applicm~t
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 of
receiving an adverse determination. The intent to appeal shall be certified by fl~e member.
28 Minn. Stat. §356A, the public pension fiduciary responsibility act requires public pension funds to have a
procedure in place for review of negative detenninations for applications for pensions or benefits.
23
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 bo
selected from the Rule 114 Supreme Court Roster. The cost of the mediator shall be split in half
among both partms~_29'
Article XVli - Limits on benefit~3~ ?
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 other~vise provided under the Plan or under state la~v.
Section 2: Gamishment, 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 fund of a
relief Volunteer Division may assign any service pension or ancillary benefit payments, nor shall
tim Volunteer Division have the authority to recognize any assignment or pay over as]y 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 ~plaws
/
Section 1. Procedure. The By-laws of the Volunteer Dillon may be amended at any
regul= or special meeting of the Board of Trustees by a ~majority vote of the members
present and voting, provided that a quormn 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 pre,ding that upon which such amendment or
amendmen~ are acted upon, and fl]at a noti~ be mailed to each Trust~ at ~ch not less than
~9 Thc mediation is ccaainly one possibility. ~b~ation could be
{30'Most of a~e la)guage for fl~csc provisions is taken directly from statute.
24
cou.c, --
Meetinq of: SEPTEMBER 22, 1997
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
This subject was discussed at the work session on September 4th. 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 March 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 position. 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 Hall, 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. ! 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 LETTER
Meeting of: SEPTEMBER 22, 1997
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: ADDITIONAL MIS POSITION BY: WILLIAM ELRITE BY:
NO: 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 4% 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 extensive 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:
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
Walt Fehst, City Manager
Thomas M. Johnson, Chief of Police
ADMINISTRATIVE TAG SYSTEM )n
September 10, 1997
Please include the following items on the September 15 work session.
Administrative tag system: This is a system where we will issue a local tag for alt code 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, animals 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, then the code violation would be
processed through the Anoka County court system. We would incur the cost of making up the tags
to be used for this, which I talked to IPC Printing ahout. A tag the size of a quarter sheet of paper--in
two part, with one part being cardboard stock--would run about $250 to $350 for 2,500 tags. I have
attached a draft copy of the proposed ordinance to this memo. Once we get the go ahead on the
ordinance, we will meet with the City Attorney, Community Development, Finance, and Public Works
to determine what violations should be handled with an administrative tag and to set up a suggested
f'me schedule and put this in a resolution form for Council to consider.
RECOMMEND ACTION: Approve the suggested ordinance to be brought forward at the next
Council meeting for a fin'st reading.
TMJ:mld
97-391
Attachment
ADMINISTRATIVE OFFENSES
DEFINITIONS:
An administrative offense is a violation of any section of this code when one performs an act prohibited or
fails to act when such failure is thereby prohibited, and is subject to the penalties set forth in 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.
NOTICE:
Any member of the Police Department and/or any other person employed by the City 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.
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 shall be paid in person or by mail, and payment shall be admission of the violation.
FAILURE TO PAY:
If a violator fails to pay the penalty imposed by this section, the matter may be processed as a code violation
through the Anoka County Court system.
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 conditional payment and shall not
be held accountable therefor. Receipt shall be issued for cash payment.
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.
SCHEDULED PENALTIES:
Penalties shall be imposed for violation of the schedule administrative offenses according to a schedule duly
established and adopted from time to time by Resolution of the City Council.
ADMINISTRATIVE OFFENSES
DRAFT ORDINANCE
DEFINITIONS:
An administrative offense is a violation of any section of this code when one performs an act prohibited or
fails to act when such failure is thereby prohibited, and is subject to the penalties set in this code and
attached schedule.
Any person violating a section of this code shall be subject to
each offense.
not to exceed $100 for
NOTICE:
Any member of the Police Department and/or any other
shall, upon determining that there has been a violation,
violation, or in the case of a vehicular violation, by
notice setting forth the nature, date, time
amount of the scheduled initial penalty, and
any,
by the this code
,lator or person responsible for the
notice of the violation, said
issuing the notice and the
thereto.
PAYMENT:
Once such notice is given, the
of issuance of the notice, pay fu
Department. The penalty shall be
the
within seven (7) days of the time
violation scheduled to the City Finance
payment shall be admission of the violation.
FAILURE TO P~
through the
by this section, the matter may be processed as a code violation
DISPOSITION
All[
collected s
may receive ne
accountable ther[~r.
over to the City Finance Department. The Finance Director or his
instruments in payment of penalties as conditional payment and shall not
Receipt shall be issued for cash payment.
DUTIE FINANCE DIRECTOR:
)ther duties set forth in the code, the Finance Director may delegate and supervise the
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.
SCHEDULED PENALTIES:
Penalties shall be imposed for violation of the schedule administrative offenses according to a schedule duly
established and adopted from time to time by Resolution of the City Council.
CITY COUI~CII~ LHTTER
Meeting of: September 22 1997
AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: FIRST RE AD ING OF ORDI NAN CE NO. 1349, BY: CHARTER COMMISSION B Y:~~~//--______~
AMENDING CITY CHARTER CHAPTER 3, SECTION 17 OF THE DATE: 9-4-97 DATE: ml~/"
NO:
At the June 9, 1997, City Council meeting, the following wording change to Chapter
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
shall be kept for all public council meetings and for meetings of any commissions apDQi~d
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: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: FIRST READING OF ORDINANCE NO. 1349, BY: CHARTER COMMISSION BY:
AMENDING CHAPTER 3, SECTION 17 OF THE DATE: 9-4-97 DATE:
CITY CHARTER
NO:
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 writte~ journal and audiotapes of its proceedings. Such
journal shall be kept of all public meetings of the Council and any body on which ~
maiority 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 required by
state statute. Each board and commission appointed by the council shall also keep ~
journal of its proceedings.
(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:
R~ 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:
RUI J*$ AND PROCEDURE AND QUORIJM. The council shall determine its own rules and
order of business, and shall keep a ~ journal and audiotapes of its proceedings. Such
journal shall be kept of all public meetings of the Council and any body on which a m~ority 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 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
Columbia Heights Fire Department
To:
From:
Subject:
Date:
City Manager
Mayor Sturdevant
City Council Members
Charles Kewatt, Fire Chief
Driveway/Hard Surface Parking
September 10, 1997
The Fire Department has completed its survey of driveway/parking areas
throughout the city to determine the status of the current driveway and parking
areas as they relate to the recent requirement of the Housing Maintenance Code.
The Housing Ma/ntenance Codes were adopted in 1989. Since then, the ordinance
has had some changes. One of the changes was adopted on February 28, 1994,
Ordinance #1281, defining Parking and Driveway Surfaces and requiring that they
be hard-surfaced by July 1, 1997. A copy of that ordinance is attached.
On June 23, 1997, Ordinance #1348 was passed, extending the date to July 1,
1998 (one-year extension). A copy of that ordinance is also attached.
At a work session on June 16, 1997, I informed the City Council and City
Manager that we would survey the city as to the impact this would have. We have
completed the survey and you can see the resuks on the attached maps and list of
addresses. There are approximately 427 homes that need hard-surfaced driveway
and/or parking areas at this time.
Gary Gorman will be present at the work session to explain the maps and survey
and to answer any questions. I will be out of town and will be unable to attend the
work session.
CWK:cf
Attachments
9%113
Ordinance i281
!st reading 12-13-93
2nd reading 2-28-94
Adopted 2-28-94
Section 8: Exterior Parking, Pedestrian Walkways and Lighting
SA. 208 (1)
No person shall occupy as an owner-occupant or let to another for occupancy
any dwelling or dwelling unit for the purposes of living, sleeping, cooking
or eating therein which is located on premises which does not comply with the
following requirements, to-wit:
(a)
(b)
Required off-street parkinq as defined in Section 9.116(4) of the City
Code. Additionally, any buildinq or structure in existence upon the
effective date of this Ordinance which does not currently comply with
the parkinq requirements of Section 9.!16(4), but does have the
necessary space to provide the required Darkinq shall be required to
expand the provided Darkinq in accordance with the Code by July Ir 1997.
The required parking space must have a minimum width of 9 feet and
a minimum length of 20 feet.
(c)
Ail required parking spaces must be surfaced with asphalt or
concrete.
(d)
Curb guards and/or guardrails must be provided for parking spaces
situated above retaining walls.
(e)
An unobstructed path must be provided between parking areas and the
dwelling unit.
(f)
Lighting must be provided for parking areas and walkways between
the parking area and the dwelling unit in dwellings consisting of
three (3) or more units. Lighting must be available for parking
areas and walkways between the parking area and the dwelling unit
for dwellings of two (2) or less units.
(g)
In dwellings of three (3) or more units, parking areas and
pedestrian walkways must have a minimum light of 1 foot candle, and
the maximum light at the boundary line of the premises may not
exceed 3 foot candles.
h)
Driveways leadinq to Darkinq areas and /or access ways to bui!dinqs must
be maintained and kept in mood repair, in cases of tenant parkinq areas
all Darkinq stalls and driveways with access to tenant Darkinq shall ba
hard surfaced with asphalt or concrete by July 1, 1997.
Commercial vehicles and Junk Cars. Commercial vehicles and junk car~
shall be requlated in accordance with Chapter 7, Article II, Section 5
of the Columbia Heiqhts City Code, which is incorporated herein by
reference.
SA. 208 (2)
Variances under 5A.207 and 5A.208 shall be'-enf°rced and-administered in
accordance with 9.105. The criteria contained in 9.105(3)(d) shall be
applied in deciding whether or not an applicant is entitled to a variance.
REGULAR COUNCIL MEETING
JUNE 23, 1997
PAGE 15
(b) The required parking space must have a minimum width
of 9 feet and a minimum length of 20 feet.
(c) Ail required parking spaces must be surfaced with
asphalt and concrete.
(d) Curb guards and/or guardrails must be provided for
parking spaces situated above retaining walls.
(e) An unobstructed path must be provided between parking
areas and dwelling units.
(f) Lighting must be provided for parking areas and
walkways between the parking area and the dwelling unit
in dwellings consisting of three (3) or more units.
Lighting must be available for parking areas and walkways
between the parking area and the dwelling unit for
dwellings of two (2) or less units.
(g) In dwellings of three (3) or more units, parking
areas and pedestrian walkways must have a minimum light
of 1 foot candle and the maximum light at the boundary
line of the premises may not exceed 3 foot candles.
(h) Driveways leading to parking areas and/or access ways
to buildings must be maintained and kept in good repair.
In cases of tenant parking areas all parking stalls and
driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July !, 1998.
(i) Commercial Vehicles and Junk Cars. Commercial
vehicles and junk cars shall be regulated in accordance
with Chapter 7, Article II, Section 5 of the Columbia
Heights City Code, which is incorporated herein by
reference.
5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced
and administered in accordance with 9.105. The criteria
containe~ in 9.105(3) (d) shall be applied in deciding whether
or not an applicant is entitled to a variance.
This ordinance is effective thirty (30) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
June 9, 1997
June 23, 1997
June 23, 1997
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