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HomeMy WebLinkAbout12/13/2010 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, DECEMBER 13, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, December 13, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Bob Lyndes, Crest View Lutheran Homes, gave the Invocation Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2010 -139, in that the property has been brought into compliance. There was a correction to the recommended motion of item Q to Master Mechanical. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. EDS Builders - CMA Award - presented to the City of Columbia Heights and Walt Fehst, City Manager Doc Smith, EDS Builders, stated that in October he went with Mayor Peterson and Dave Olds (architect) to California to receive an award for the construction of our Public Safety building. He stated how very special it was to receive this award. It was accomplished because everyone was willing to work as a team to make this the best building in the country in 2009. He presented a plaque to the Mayor for the City and to Walt Fehst, City Manager. Nawrocki stated that the building turned out very nice, but was built bigger than originally intended. He did indicate that Mr. Smith did create savings on the project, but the savings were used elsewhere on the project. Smith indicated that about $30 to $40 a square foot was saved in construction. Fehst indicated how well he was kept informed during this project and was the best project he has ever been associated with. Smith indicated that the beauty of the building is because of the craftsmanship. Police Chief Nadeau indicated he is bias as a tenant of the building, but it was not over built; it was built to service the community. He complimented Smith and the contractors. Williams ask Fire Chief Gorman to comment. Gorman stated the building is built for the future and recent national articles talk about trends that we have incorporated into this building. As a resident, he stated his pride in the building. Williams stated that as a "do- nothing" council, we have accomplished a lot. He asked how long it will be around. Smith stated possibly 100 years. Williams commented that we should be celebrating this accomplishment. He indicated that crime is reduced because we have a good Chief and pride in the building. Peterson stated our pride in this building and indicated he was willing to show anyone the old offices. CONSENT AGENDA Nawrocki requested to remove items D, E, F, K, L, N, 0, and P for discussion and to add discussion of the city newsletter and the city lunch held last week. City Council Minutes Monday, December 13, 2010 Page 2 of 16 City Manager Walt Fehst took Council members through the consent agenda items. A. Approve minutes of the City Council meetings Motion to approve the minutes of the November 22, 2010 City Council meeting. Motion to approve the minutes of the December 6, 2010 Zone 5 seal coat improvement hearing. Motion: Move to approve the minutes of the December 6, 2010 Zone 6 street rehab improvement hearing. B. Accept minutes of Boards and Commissions Motion to accept the minutes of the Library Board of November 3, 2010. C. Approve 2011 Work Session calendar Motion to accept the 2011 Work Session calendar as proposed. D. Award bid for Council Chamber Technology Replacement - removed E. Establish John P. Murzyn Hall rental rates for 2012 — removed F. Adopt Resolution 2010 -138, being a Resolution to document certain Fund Balance designations and related policies. - removed G. Adopt Resolution 2010 -130, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2010- December 31, 2012. Motion to waive the reading of Resolution 2010 -130, there being ample copies available to the public. Motion to adopt Resolution 2010 -130, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2010 - December 31, 2012. H. Adopt Resolution No. 2010 -134, being a Resolution for Salary and Fringe Benefit Adjustment for Non -Union Supervisory Employees for 2011 -2012 Motion to waive the reading of Resolution 2010 -134, there being ample copies available to the public. Motion to adopt Resolution 2010 -134, adopting changes in non -union group salary ranges, and establishing salaries and changes in fringe benefits for non - unionized City supervisory positions for calendar years 2011 and 2012. I. Adopt Resolution 2010 -135, being a Resolution on Salary and Fringe Benefit Adjustment for Non -Union Essential and Confidential Employees for 2011 -2012 Motion to waive the reading of Resolution 2010 -135, there being ample copies available to the public. Motion to adopt Resolution 2010 -135, adopting changes in non -union group salary ranges, and establishing salaries and changes in fringe benefits for non - unionized essential and confidential City positions for calendar years 2011 and 2012. City Council Minutes Monday, December 13, 2010 Page 3 of 16 J. Adopt Resolution 2010 -136, being a Resolution regarding the Memorandum of Understanding Between the City of Columbia Heights and the Public Managers' Association Effective January 1, 2011 - December 31, 2012. Motion to waive the reading of Resolution 2010 -136, there being ample copies available to the public. Motion to adopt Resolution 2010 -136 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association effective January 1, 2011 - December 31, 2012. K. Adopt Resolution 2010 -137, being a Resolution regarding the City Manager's Compensation and Benefits - removed L. Authorize Mayor and City Manager to Enter Into Agreement for Towing Contractor - removed M. Approve Transfer of Funds from General Fund to Police Dept Budget re JAG I Grant Overtime Reimbursement, and Unique Thrift and CHHS Overtime Motion to transfer $5,822.15, the amount of money received from Anoka County as reimbursement for overtime under the JAG I grant for the third quarter of 2010; and $2,220.00, the amount of money received from Unique Thrift for overtime details during October; and $1,225.63, the amount of money received from Independent School District 13 for overtime details worked at CHHS during October be moved from the General Fund to the Police Department 2010 Budget, Overtime line item. N. Adopt Resolution 2010 -142, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for the 2011 Street Rehabilitation Project - removed O. Adopt Resolution 2010 -143, being a Resolution declaring the Intent to Bond for Zone 6 Street Rehabilitation Project, City Project 1102 - removed P. Adopt Resolution 2010 -144, being a Resolution requesting MSAS Construction Funds for Other Local Transportation Uses - removed Q. Accept bid and award contract for Municipal Service Center Building Lower Level Radiant Heating Motion to accept the bids and award a contract to Infrared Heating in the amount of $33,285; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. R. Approval of the attached list of rental housing licenses. Motion to approve the items listed for rental housing license applications for May 10, 2010 in that they have met the requirements of the Property Maintenance Code. S. Approve Business License Applications Motion to approve the items as listed on the business license agenda for December 13, 2010 as presented. T. Approve payment of the bills. Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 137082 through 137344 in the amount of $6,293,303.06. City Council Minutes Monday, December 13, 2010 Page 4 of 16 Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items D, E, F, K, L, N, 0, and P. Upon vote: All ayes. Motion carried. D. Award bid for Council Chamber Technology Replacement Peterson stated that the bid to get our audio /video broadcast back on the air came in under the estimated cost. Nawrocki expressed regrets that the Cable Commission was not involved in this matter until last week to review the contract. They should have been used early on in the development. Peterson stated that we hired a consultant for their expertise. Motion by Kelzenberg, second by Williams, to award the bid for Council Chamber Technology Replacement to Video Services Inc. (VSI) based upon their low, qualified, responsible bid in the amount of $138,141.75 and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. E. Establish John P. Murzyn Hall rental rates for 2012 Peterson stated that Murzyn Hall rates will increase five percent. Keith Windschitl, Recreation Director, stated that the Park Board has recommended this increase for 2012. There was no increase in 2010 or 2011. The resident discount is still 25 percent. The increase is only for use of the main hall, bar and kitchen. Motion by Kelzenberg, second by Williams, to adopt the 2012 John P. Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 17, 2010. Nawrocki stated that he asked for comparable rates of other facilities. He stated that we raise the rates, but the overall revenue has not increased significantly. Peterson indicated that a lot of the fees that could be charged are waived or reduced for residents or non - profit groups. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2010 -138, being a Resolution to document certain Fund Balance designations and related policies. Bill Elrite, Finance Director, stated this is to comply with governmental accounting standards on the definition of funds and have the Council confirm that. It does not change how we account and only puts it into resolution form. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -138, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -138 being a resolution documenting certain fund balance designations and related policies. Nawrocki stated he wants to know how documents the Council receives will be different. Elrite stated the Council would be officially affirming by resolution what we are currently doing. Nawrocki questioned item #6 regarding unrestricted fund balances. Elrite stated that if a fund balance has not been specifically designated, it would fall to the City Manager's discretion. Nawrocki stated that it should come to the City Council. Elrite stated that the budget would still need to be approved by the City Council. City Council Minutes Monday, December 13, 2010 Page 5 of 16 Motion to amend by Nawrocki that the Council would have to approve item #6. Peterson called for a second to the motion. Motion died for lack of a second. Joe Kloiber, Assistant Finance Director, stated that items falling between the last Council meeting and the end of the year would need a title and GASBY came up with this so someone would have the authority to do so. It is only for unforeseen circumstances. Upon vote of the original motion: All ayes. Motion carried. K. Adopt Resolution 2010- 137, being a Resolution regarding the City Manager's Compensation and Benefits Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2010 -137, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -137, being a resolution regarding the City Manager's compensation and benefits. Nawrocki stated that as part of the agreement with the City Manager, there would be an annual performance review. Part of the salary was to be discretionary based on the performance review. Peterson stated that the review is to be scheduled for April. Nawrocki stated that the pay adjustment for 2011 does not match the budget book or the LMC amount. Fehst stated this reference was for deferred compensation and was never intended to be temporary. Fehst strongly disagreed with Council member Nawrocki and referred to the compensation he receives. Nawrocki indicated that this shows the questionable competency of the City Manager. Kelzenberg has called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. L. Authorize Mayor and City Manager to Enter Into Agreement for Towing Contractor Chief Nadeau stated that in the June 2010 bid, Schmidt Towing was the successful bidder. Since that time we discovered a vehicle was dropped during a tow, which breaks the chain of custody. We expressed our concerns and met with them. We were assured it would not happen again. Subsequent to that another vehicle was abandoned. We discussed this with the City Attorney and notified the company that we would exercise our right to end the towing contract. This request is for the bid to go to the next lowest bidder, which was our previous towing company. There were no problems with that company. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into an agreement with Jeff's Bobby and Steve's AutoWorld for towing, impounding and storage of motor vehicles as specified in the City's Request and set forth in AutoWorld's response to the City's Request. The term of this contract is to be March 2, 2011 through July 31, 2012, unless terminated sooner pursuant to the termination provision. Nawrocki commented on vehicle liability. Nadeau stated that evidence issues were a concern and we have a reputation to assure that vehicles are taken to a safe area. Jim Hoeft, City Attorney, spoke to the importance of the chain of custody regarding evidence. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 City Council Minutes Monday, December 13, 2010 Page 6 of 16 ayes — 1 abstention. Motion carried. N. Adopt Resolution 2010 -142, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for the 2011 Street Rehabilitation Project Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010 -142, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2010 -142, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for 2011 Street Rehabilitation Project, Zone 6, City Project Number 1102. Nawrocki stated he voted against this project based on concerns of residents and the economic needs of the community. There have been 13 foreclosures in this area in the last four years. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. O. Adopt Resolution 2010 -143, being a Resolution declaring the Intent to Bond for Zone 6 Street Rehabilitation Project, City Project 1102 Motion to waive the reading of Resolution 2010 -143, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -143, being a Resolution approving the declaration for the official intent of the City of Columbia Heights to bond for Zone 6 Street Rehabilitation Project, City Project 1102. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. P. Adopt Resolution 2010 -144, being a Resolution requesting MSAS Construction Funds for Other Local Transportation Uses Motion by Kelzenberg, second by Williams to waive the reading of Resolution No. 2010 -144, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution No. 2010 -144, being a Resolution requesting Municipal State Aid System construction funds for other local transportation uses. Nawrocki asked if this money would be used on 6' Street and 4 Street. Kevin Hansen, Public Works Director, stated it would be for Zone 6 only. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2010 -139, 940 39th Avenue N.E., being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. - removed B. Adopt Resolution 2010 -141, 1037 Gould Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated the reasons for request of abatement approval. The property City Council Minutes Monday, December 13, 2010 Page 7 of 16 has been vacant and is on the list of abandoned properties. Motion to close the public hearing and to waive the reading of Resolution Number 2010 -141 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Number 2010 -141 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2010 -131 being a Resolution adopting a budget for the year 2011, setting the City Levy and approving the HRA Levy. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -131, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2010 -131, being a Resolution adopting a budget for the year 2011, setting the City Levy, and approving the HRA Levy. Nawrocki stated that he opposed the budget as originally presented. It was then cut approximately in half, but expenditures were not decreased. Most communities are trying to reduce and recognize the loss of jobs and income. Over 13 percent of our homes have gone tax forfeit. Nawrocki stated that he had proposed $200,000 to $300,000 in changes at a previous meeting. He indicated disappointment that the budget allows for travel and meals for city personnel in and out of the state but not for Council members. One exception this year should be for expenditures for Council meals for city business. Expenditures are not allowed for city business, but are allowed for social gatherings. He indicated that our new Council member should be allowed to attend League meetings and other meetings dealing with items of interest. Motion to amend by Nawrocki to add to the budget the amount allowed for travel for council members and meals for meetings dealing with city business, between $2,000 and $3,000. Diehm stated that it was her motion last year to remove that item. This was to show that we can start cut backs with ourselves. We want to be sure staff attends training, but as part time council members we should not expect to get reimbursed for our mileage. As for the incoming member, it was part of her platform to serve for less. She stated that she saw no reason to change and strongly opposed the amendment. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki presented his check for $15 for the city holiday lunch to the Finance Director. He stated that if individual council members pay for meetings, they should also pay for social gatherings. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. B. Bid Considerations Residential Water Meter Battery Replacement Program and Commercial Meter Replacement Program City Council Minutes Monday, December 13, 2010 Page 8 of 16 Kevin Hansen, Public Works Director, indicated that ten years ago we went to a radio read meter system. The batteries were estimated to last seven years and we are past that. We also need to finish the infiltration program in a small part of the city, which could be done at the same time. Based on bids received, we recommend R &R Services. We are also asking to replace 382 commercial meters that are inaccurate because of their age and request authorization to prepare plans and specs and to go out for bids. About 80 of the commercial meters are the larger, more expensive type. Nawrocki stated he thought this would approve the commercial meter bids. Hansen explained the bids received were for residential water meter batteries. Motion by Williams, second by Kelzenberg, to authorize the purchase of approximately 5,500 water meter batteries from HD Supply in the amount of $94,600; and to accept the proposal and approve a contract with SL -Serco of St. Anthony, Minnesota for the installation of City provided water meter batteries citywide in the amount of $132,000; and $7,050 for approximately 2,350 SPDP inspections. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to order the Advertisement for Bids for the Commercial Meter Replacement and Installation Program, City Project Number 1105. Upon vote: All ayes. Motion carried. C. New Business and Reports - none Nawrocki requested that the Spring newsletter recruit residents for Board and Commission appointments and that members with terms to expire be sent a letter to see if they are interested in being reappointed. He requested that the newsletter be approved by Council members prior to printing, allowing enough time for comment and review before printing. Peterson stated that articles must be submitted in a timely manner. The newsletter will be delivered March 2. Nawrocki gave the history on beginning the newsletter for City Council members to dispense information to the public. Somewhere along the line the Council has lost input into the newsletter. Peterson stated that individual Council members can not add or delete information on their whim. Changes should be by consensus of the Council. Fehst stated that Council members will receive a draft of the newsletter for their review. Nawrocki asked why the other union contracts were not included for approval. Fehst stated that we do not have them yet. Nawrocki stated that he attended the last County meeting. Information included dropping the light rail transportation from St. Cloud to Big Lake. Ridership has not lived up to their expectations. Nawrocki stated that he attended the Immaculate Conception DARE graduation and that our police do a good job with this program. He encouraged attendance at the December 22 Valley View DARE graduation. ADMINISTRATIVE REPORTS Report of the City Manager Fehst wished everyone a Merry Christmas and a Happy New Year. Fehst stated that he will miss working with Council member Kelzenberg and wished him luck. Report of the City Attorney City Council Minutes Monday, December 13, 2010 Page 9 of 16 Hoeft wished everyone a Merry Christmas and a Happy New Year. Hoeft stated that he will miss working with Council member Kelzenberg and wished him luck. CITIZENS FORUM Mary Miller, 720 38 Avenue, expressed concern that her neighbors are lodging complaints against her to the City. She passed out pictures of her fence, which has been there since 1996. She stated that she did not know there was an ordinance to have her fence facing out. The Planning Department has given her until June to replace the fence. The only part of the fence that is visible is on the alley side. Miller requested a special permit. Peterson stated he would like to visit the site and address this at a later meeting. Nawrocki questioned if the contractor took out a permit for this fence. Fehst stated that we used to issue permits for fences, but no longer do so. Michelle Ferreira, 4422 Central Avenue, thanked the City for the great job of clearing snow from our streets. She stated that she watches people struggle while walking the Central Avenue corridor. She questioned if the City could clear the sidewalks, especially from Target to 37 Avenue. Fehst indicated that we have begun removing snow from the right -of -ways and is aware that people are endangering themselves by walking in the streets. Hansen stated that we do not remove snow from Central Avenue, but we will remove snow tonight from 3:00 to 4:00 a.m. between 37 to 43 Avenues. We do not have the resources to shovel snow off those sidewalks. Owners are required, by ordinance, to remove that snow. We also do some intersections where visibility is compromised and contact the transit company to remove snow from their areas. Hansen complimented our crews on the job they did. Crews will be diverted this week to continue snow removal. She again indicated her compliments, but indicated concern for residents on Central Avenue. Fehst stated that where commercial owners are responsible for clearing snow, we will notify them. It would then be charged to their taxes. Nawrocki commended City crews on the job they did during this snow storm. They did a good job of making the city passable. He stated that in Minneapolis, where they only took one pass, people were getting stuck. He reminded Ferreira that Central Avenue from 45 to 53 Avenue is the City of Hilltop. We need to notify the owner at the corner of 44 and Central Avenues to remove the sidewalk snow. Peterson indicated that Patty Muscovitz, City Clerk, has been voted by her peers to be Employee of the Year. She received a round of applause. Peterson stated that this is Council member Kelzenberg's last meeting. He stated his pleasure working with him for the last eight years. We will miss his humor and wish him well. Kelzenberg stated that it has been a pleasure serving the citizens of Columbia Heights. We have accomplished a lot over the last eight years. Peterson wished everyone a Happy Holiday and asked them to appreciate our service men and women even more as they are away from their families at this time. He stated "Don't take ourselves too seriously and to do a random act of kindness - Merry Christmas and Happy New Year." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:45 p.m. City Council Minutes Monday, mber 13, 2010 Page 10 16 'atrici Muscovitz' ,MC Cit Clerk RESOLUTION NO. 2010-138 CERTAIN FUND BALANCE DESIGNATIONS AND RELATED POLICIES WHEREAS, the City of Columbia Heights reports its financial information under standards issued by the Governmental Accounting Standards Board (GASB); and WHEREAS, the implementation by the City of the recently issued GASB reporting standard identified as Statement 54 requires classifying the City's existing fund balance designations into the new fund balance classifications contained in the standard and documenting certain related policies; and WHEREAS, documenting herein the City's existing fund balance designations and related policies will simplify and increase the efficiency, with which the City implements the new reporting standard, BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that: 1. The City of Columbia Heights's December 31, 2010, governmental fund balances are designated for the purposes listed in the attached Exhibit A, to the extent that they are in spendable form and their use is not restricted by external parties. 2. When the City of Columbia Heights' has both restricted and unrestricted resources available for an expenditure, the restricted resources are applied first and unrestricted are applied to any remainder. 3. BE IT HEREBY FUTHER RESOLVED by the City Council of the City Of Columbia Heights, that upon implementation of the fund balance classifications in Governmental Accounting Standards Board Statement 54: 4. The term "designated" will be replaced with the "committed" when applying above item 1. 5. When the City of Columbia Heights' applies unrestricted resources to an expenditure, the unrestricted resources are applied in the following order; committed funds first, assigned funds second, and unassigned funds last, to the extent that amounts are available in each of these unrestricted classifications. 6. The portion of fund balance in the City's General Fund applicable to the minimum fund balance goals established for the working capital purposes by resolution 95 -40 will be the sum of any unassigned fund balance plus any fund balance assigned by the Council for use in the following year's general fund budget. For the City's Library Fund, the applicable portion of fund balance for these purposes will be its assigned fund balance. 7. To the extent that unrestricted fund balance has not been committed or assigned by the City Council, the authority to classify unrestricted fund balance as assigned to purposes for which there is merely an informal intent is delegated to the City Manager, provided that such assignment is made by the City Manager to clarify the information in the City's financial statements. City Council Minutes Resolution 2010 -138 Monday, December 13, 2010 Exhibit A Page 11 of 16 Governmental Funds Designation /Commitment as of December 31, 2010 General Fund Police community programs equal to residual from closed Fund 270 General Fund Downtown parking maintenance equal to residual from closed Fund 405 Special Revenue Funds: Cable Television Fund 225 Cable television Police Forfeiture Fund 265 Not applicable - externally restricted only Police Grants Fund 272 Not applicable - externally restricted only Library Fund 240 Library After - School Programs Fund 261 Youth programs Contributed Projects - Recreation - Fund 881 Not applicable - externally restricted only Contributed Projects - Other - Fund 883 Not applicable - externally restricted only Special Projects Fund 226 Redevelopment Community Development Fund 201 Protective inspections expenditures Anoka County Community Development Programs Fund 202 Redevelopment EDA Administration Fund 204 Redevelopment HRA Parkview Villa North Fund 203 Senior housing HRA Parkview Villa South Fund 213 Senior housing Debt Service Funds: 2008A Taxable GO Housing Improvement Area Bonds Fund 315 Debt service G.O. Improvement/ Revenue Bonds 2003A Fund 388 Debt service G.O. Improvement/ Revenue Bonds 2006A Fund 340 Debt service G.O. Street Rehabilitation Bonds 2007 Fund 341 Debt service G.O. Public Safety Center Bonds 2008B Fund 343 Debt service G.O. Public Facilities Bonds 2009A Fund 344 Debt service Tax Increment Bonds Fund 376 Not applicable - extemally restricted only Sheffield TIF Redevelopment Fund 377 Not applicable - extemally restricted only TIF Multi -Use Redevelopment Plan Fund 385 Not applicable - externally restricted only TIF Transition Block Fund 389 Not applicable - extemally restricted only TIF 4747 Central Avenue Fund 371 Not applicable - extemally restricted only TIF Huset Park Area Fund 372 Not applicable - externally restricted only EDA TIF Revenue Bonds 2007 Fund 373 Not applicable - externally restricted only Capital Projects Fund: Municipal State Aid Street Fund 212/402 Capital projects - streets and other infrastructure, Municipal State Aid Street Fund 212/402 including transfers for same to Infrastructure Fund 430 Capital Improvements General Gov't Buildings 411 Capital projects - government buildings Capital Equipment Replacement General Gov't 431 Capital projects - government equipment Capital Improvements PIR Fund 415 Capital projects - streets and other infrastructure Public Safety Center Capital Building Fund 417 Capital projects - police and fire station EDA Housing Maintenance Fund 408 Capital Projects - Redevelopment Capital Improvement Development Fund 420 Capital Projects - Redevelopment Capital Improvement Parks Fund 412 Capital projects - parks Infrastructure Replacement Fund 430 Capital projects - streets and other infrastructure Capital Equipment Fire Fund 439 Capital projects - fire station and equipment Capital Equipment Cable TV Fund 440 Capital projects - cable television Capital Building Library Fund 450 Capital projects - library building RESOLUTION 2010 -130 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City' s negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2010, 2011, and 2012; and WHEREAS, changes to the current contract are attached, and a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2010, 2011, and 2012 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement, RESOLUTION 2010 -134 ADOPTING CHANGES IN NON -UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS City Council Minutes Monday, December 13, 2010 Page 12 of 16 WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non- Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non - unionized supervisory employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non - unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached, for calendar years 2011 and 2012; and that movement through the salary range is contingent upon satisfactory performance of the employee; and BE IT FURTHER RESOLVED that changes to the Personnel Policy and Retirement Health Savings (RHS) plan documents shall be made, as applicable, to incorporate changes in sick leave severance payout and participation in a Post Employment Health Care Savings Plan. RESOLUTION 2010 -136 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2011 and 2012; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2011 and 2012 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. RESOLUTION 2010 -135 ADOPTING CHANGES IN NON -UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non- unionized essential and confidential employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non - unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2011 and 2012; and that movement through the salary range is contingent upon satisfactory performance of the employee; and City Council Minutes Monday, December 13, 2010 Page 13 of 16 BE IT FURTHER RESOLVED that changes to the Personnel Policy and Retirement Health Savings (RHS) plan documents shall be made, as applicable, to incorporate changes in sick leave severance payout and participation in a Post Employment Health Care Savings Plan. RESOLUTION NO. 2010-137 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION AND BENEFITS WHEREAS, in previous years, the City Manager has received an adjustment in compensation and benefits consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation and benefits, consistent with pay adjustments and benefits granted other management employees: Effective January 1, 2011: 0% pay adjustment ($123,841) Effective January 1, 2012: 1 % pay adjustment ($125,079) Effective January 1, 2011: $775 per month Employer contribution to insurances Effective January 1, 2012: $805 per month Employer contribution to insurances Effective January 1, 2011: City Manager is eligible to participate in the Post Employment Health Care Savings Plan, in accordance with IRS regulations. Effective January 1, 2011: Upon leaving employment in good standing, after proper notice, earned and unused sick leave will be paid out as follows: During employment years 1 -5: 20% During employment years 6 -10: 33% During employment years 11 -19: 40% During employment years 20 +: 50% All of such sick leave severance pay will be placed into the City Manager's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS Regulations. BE IT FURTHER RESOLVED THAT CHANGES TO THE Retirement Health Savings (RHS) plan documents shall be made to incorporate participation in a Post Employment Health Care Savings Plan. RESOLUTION 2010 -142 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2011 STREET REHABILITATION, CITY PROJECT 1102 WHEREAS, pursuant to a resolution passed by the Council on December 6, 2010, the City Engineer has prepared plans and specifications for Full Street Reconstruction on 6rh Street from 40 Avenue to 44 Avenue and Mill and Overlay on 4 Street from 42 Avenue to 44 Avenue; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2011 Street Rehabilitation, Zone 6, City Project Number 1102 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, February 22, 2011 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, February 28, 2011 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. City Council Minutes Monday, December 13, 2010 Page 14 of 16 RESOLUTION 2010 -143 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140 -2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #1102 consisting of Zone 6 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $600,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law. regulating or ruling. RESOLUTION 2010 -144 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.62 MSAS miles are currently authorized, and WHEREAS, 11.62 MSAS miles of streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 48.58 miles of municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and add additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: 6th Street, 40 Avenue to 44 Avenue and 4 Street, 42 Avenue to 44 Avenue. RESOLUTION 2010 -141 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Daniel Busse (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1037 Gould Avenue N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 15, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT City Council Minutes Monday, December 13, 2010 Page 15 of 16 1. That on October 12, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 15, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on December 1, 2010 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the front steps that are falling apart. B. Shall repair the front and back screen doors that are broken. C. Shall remove the trees on the east side of the property. Remove all scrub growth. D. Shall repair /replace /remove the gutters that have been destroyed by the trees. E. Shall repair /replace /remove the damaged fence on the east side of the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1037 Gould Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1037 Gould Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2010 -131 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2011, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2011 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 10,244,317 Community Development Fund 263,823 Economic Development Fund 389,251 State Aid 158,545 Cable Television 129,442 Library 807,970 DARE Project 20,000 Infrastructure 233,297 Capital Improvement 1,286,897 Capital Equipment Replacement Funds 443,393 Construction Funds 1,129,500 Central Garage Fund 690,009 Liquor Operating 8,715,880 Liquor Capital/Non- Operating 688,955 Water Utility Fund 2,613,409 Sewer Utility Fund 1,847,196 Refuse Fund 1,570,287 Storm Sewer Fund 359,879 Data Processing 348,772 Debt Service Fund 2,625,900 Total Expense Including Interfund Transfers 34,566,722 City Council Minutes Monday, December 13, 2010 Page 16 of 16 Section B. The estimated gross revenue to fund the expense budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2011: Revenue General Fund 10,244,317 Community Development Fund 263,823 Economic Development Fund 389,251 State Aid 158,545 Cable Television 129,442 Library 807,970 DARE Project 20,000 Infrastructure 233,297 Capital Improvements 1,286, 897 Capital Equipment Replacement Funds 443,393 Construction Funds 1,129,500 Central Garage Fund 690,009 Liquor Operating 8,715,880 Liquor Capital/Non- Operating 688,955 Water Utility Fund 2,613,409 Sewer Utility Fund 1,847,196 Refuse Fund 1,570,287 Storm Sewer Fund 359,879 Data Processing 348,772 Debt Service Fund 2,625,900 Total Revenue Including Interfund Transfers 34,566,722 Section C. The following sums of money are levied for the current year, collectable in 2011, upon the taxable property in said City of Columbia Heights, for the following purposes: Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2011 in the amount of $240,374. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2011 that is higher than the tax rate calculated for the City for taxes levied in 2009, collectable in 2010. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay 2011 Bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $43,800 and General Obligation Bond Series 2006A in the amount of $229,651, and that the County Auditor is authorized to cancel these Bond Levies for taxes payable in 2011. BE IT FURTHER RESOLVED: That the City Council desires to reduce the City Manager's proposed property tax levy by using fund balance and state aids to reduce the General levy by $185,000 and the Debt Levy by $165,000 for a total of $350,000. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay $165,000 of the $664,080 Bond principal and interest payments levy on Public Safety Building, General Obligation Bond Series 2008B, leaving a balance of $499,080 to be levied. BE IT FURTHER RESOLVED: That the City Council is committed to long range financial planning the concept of the four year budget plan. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota.