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HomeMy WebLinkAbout12/10/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,DECEMBER 10,2012 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M. ON MONDAY,DECEMBER 10,2012 IN THE CITY COUNCIL CHAMBERS,CITY HALL,590 40TH AVENUE N.E., COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Members Present: Mayor Peterson, Councilmembers Schmitt, Deihm and Nawrocki Members Tardy: Councilmember Williams arrived at 7:30 PM Malcolm Watson, former Columbia Heights City Manager, gave the invocation. 2. PLEDGE OF ALLEGIANCE- Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed item N, Resolution 2012-154 from the Consent Agenda and moved it to Items for Consideration. Nawrocki indicated he attended the DARE program last week and commented on what a great program it is. Nawrocki asked for a response from the City Manager in regards to his previous question about parking along 40th Avenue and a follow up on contacting the City of Roseville regarding IS services. He also asked about taking the Oath of Office, thought it should be done before the end of the year. Fehst stated this is typically done the first meeting in January. 4. PROCLAMATIONS,PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS None at this time 5. CONSENT AGENDA Nawrocki asked that items C, E, R, and U be removed from the consent agenda for discussion and asked the City Manager takes extra time on the rest of the items on the agenda. Motion by Nawrocki, seconded Schmitt, to approve the consent agenda with the exceptions of items C, E,N, R, and U that were pulled for further discussion. Upon Vote: All ayes. Motion carried. Fehst took the council members through the remaining items on the consent agenda. A. Approve minutes of November 26, 2012 City Council Meeting Motion to approve the minutes of the November 26, 2012 Council Meeting. B. Approve Resolution No. 2012-151,being a Resolution Canceling the Regular Scheduled City Council Meeting of December 24, 2012 Motion to waive reading of Resolution No. 2012-151, being a Resolution Canceling the Regular City Council Minutes Monday,December 10,2012 Page 2 of 28 Scheduled City Council Meeting of December 24, 2012, being ample copies available to the public. Motion to approve Resolution No. 2012-151,being a Resolution Canceling the Regular Scheduled City Council Meeting of December 24, 2012. C. Approve 2013 Council Meeting Calendar-Removed D. Approve Resolution 2012-150,being a Resolution of a Joint Powers Agreement between Anoka County, The City of Columbia Heights, and School District 13 in Anoka County, to allocate costs for Election Expenses and authorizing the Management Committee Chair and County Board Chair to approve minor non-substantive contract changes through the approval process of the other governmental entities Motion to waive the reading of Resolution 2012-150, being a Resolution of a Joint Powers Agreement between Anoka County, The City of Columbia Heights, and School District 13 in Anoka County, to allocate costs for Election Expenses and authorizing the Management Committee Chair and County Board Chair to approve minor non-substantive contract changes, through the approval process of the other governmental entities,there being ample copies available to the public. Motion to approve Resolution 2012-150,being a Resolution of a Joint Powers Agreement between Anoka County, The City of Columbia Heights, and School District 13 in Anoka County, to allocate costs for Election Expenses and authorizing the Management Committee Chair and County Board Chair to approve minor non-substantive contract changes through the approval process of the other governmental entities. E. Reinstatement of Roomy Program.am-Removed F. Accept Minutes Board and Commission meeting minutes Motion to accept the December 4, 2012 minutes of the Planning and Zoning Commission. G. Authorize School Liaison Officer Agreement with CH School District for 2013 Motion to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of January 1, 2013 through December 31, 2013. H. Authorize Mayor and City Manager to enter into Contract for Police Service with the City of Hilltop Motion to authorize the Mayor and the City Manager to enter into a Police Service Contract with the City of Hilltop starting January 1, 2013 and extending through December 31, 2015 at the rates specified in the contract. I. Approve Transfer of Funds for Grant Reimbursement and Overtime Details from General Fund to Police Department Overtime line item Motion to transfer the following from the General Fund to the Police Department 2012 Budget, line item 1020 Overtime: (1) The $4,760.59 received as reimbursement under the Safe and Sober grant(TZD), and City Council Minutes Monday,December 10,2012 Page 3 of 28 (2) the $2,000.00 received as AHDTF overtime, and (3) the $930.00 received from Anoka County as reimbursement for detox transports, and (4) the $3,353.37 received from School district#13 for providing security at CHHS football games, and (5) the $83.00 received from ICS for providing traffic assistance at their marathon, and (6) the $386.00 received from 612 Interactive for providing security at an event at the Heights Theater. J. Adopt Resolution 2012-157, being a Resolution authorizing the Fire Department to apply for the Fire and Rescue Shared Services Feasibility Grant Motion to waive the reading of Resolution No. 2012-157, there being ample copies available to the public. Motion to Adopt Resolution No. 2012-157, being a Resolution authorizing the Columbia Heights Fire Department to apply for the Fire and Rescue Shared Services Feasibility Study Grant. K. Approval of the attached list of rental housing licenses Motion to approve the items listed for rental housing license applications for December 10, 2012 in that they have met the requirements of the Property Maintenance Code. L. Resolution 2012-156 Adopting Snow And Ice Control Policy Motion to waive the reading of Resolution No. 2012-156, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2012-156, being a resolution adopting the 2012- 2013 Snow and Ice Control Policy for the City of Columbia Heights. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for December 10, 2012 as presented. N. Resolution 2012-154 approving a site plan for 4001 University Avenue NE—moved to Items for Consideration. O. Resolution 2012-152 authorizing CDBG grant application for demolition at 3927 Central Avenue NE Motion to waive the reading of Resolution 2012-152, there being ample copies available to the public Motion to approve Resolution 2012-152, authorizing staff to apply for CDBG funds for demolition of 3927 Central Avenue NE. P. Resolution 2012-153 Application of DEED grant for Demolition at 3927 Central Avenue NE Motion to waive the reading of Resolution 2012-153 there being ample copies available to the public. Motion to approve Resolution 2012-153 authorizing submittal to DEED for 2013 grant funds for demolition at 3927 Central Avenue NE. City Council Minutes Monday,December 10,2012 Page 4 of 28 Q. Approve Final Payment for City Hall Boiler Improvements Project No. 1207 Motion to approve and accept the work for the City Hall Boiler Improvements, City Project No. 1207, and authorize final payment of$7,691.00 to Horwitz NS/I Mechanical Construction Service of New Hope, Minnesota. R. Approve Final Compensating Change Order and Authorize Final Payment for Gateway Pedestrian Bridge, Project No. 0906-Removed S. Approve Final Compensating Change Order and Authorize Final Payment for Ramsdell Park Improvements, Project No. 1106 Motion to approve the final compensating change order and accept the work for Ramsdell Park Improvements, City Project No. 1106, and authorize final payment of$10,237.26 to C. Mogren of Hugo, Minnesota. T. Approve Final Compensating Change Order and Authorize Final Payment for 2011 Street Rehabilitation—Zone 6, Project No. 1102 Motion to approve the final compensating change order and accept the work for 2011 Street Rehabilitation, Zone 6, City Project No. 1102, and authorize final payment of$34,627.50 to C & L Excavating, Inc. of St. Joseph, Minnesota. U. City-Wide Water Distribution Model Update-Removed V. Adopt Resolution 2012-158 Establishing Senior Citizens or Retired&Disabled Persons Hardship Special Assessment Deferral Motion to waive the reading of Resolution No. 2012-158, there being ample copies available to the public. Motion to adopt Resolution No. 2012-158, being a resolution establishing a new maximum income of$31,700.00 for senior or retired and disabled persons to be eligible for special assessment deferral. W. Adopt Resolution 2012-159,being a resolution updating the income limit for senior citizen utility rates. ates. Motion to waive the reading of Resolution 2012-159, there being ample copies available to the general public. Motion to adopt Resolution 2012-159,being a resolution updating the income limit for senior citizen utility rates. X. Payment of bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 145982 through 146142 in the amount of $4,445,224.95. Item C (removed from consent), Discussion on 2013 Council Meeting Calendar Nawrocki felt that we should not cancel the second meeting in December 2013 and stated the meeting should be put back on the calendar. Schmitt replied,we can always reschedule it if need City Council Minutes Monday,December 10,2012 Page 5 of 28 be. Motion by Diehm, seconded by Schmitt,move to approve the 2013 Council Meeting Calendar as presented. Upon vote: Schmitt, aye; Nawrocki, nay; Peterson, aye; Diehm, aye; 3 ayes, 1 nay. Motion carried. Item E (removed from consent). Discussion on Reinstatement of Royalty Program. Nawrocki asked where the $5000 was going to come from and what it will cover. Fehst stated that it would be in the fund balance and it is up to $5000 that is requested for use for a float and startup costs. Nawrocki asked will the expense of the new trailer be taken from this $5000. Fehst stated yes, $1200 would be what is left after the sale of the old trailer and that would come out of the $5000. Williams stated he feels that the royalty program should be a program that never stops and we should be honored to have it, Nawrocki expressed his concern with the lack interest out there for the program with the economy being the way it is. Peterson indicated this is being brought forward by the residents. Deb Meyers, 7924 W. River Road, Brooklyn Park, indicated the program is essential to the residents of Columbia Heights and feels that the lack of interest, as indicated by Nawrocki, could be because of a lack of leadership in the program. When it was brought up to the schools, the excitement was there. The advantages of having a program and float are that you represent your community in other area parades and this draws people to our community. Motion by Deehm, seconded by Schmitt, move to reinstate Royalty Program in Columbia Heights with startup costs up to $5,000. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki,nay; Peterson, aye; 4 ayes, 1 nay. Motion carried. Item N(removed from consent and placed on Items for Consideration) Resolution 2012-154 approving a site plan for 4001 University Avenue NE Mayor Peterson opened the Public Hearing to discuss item N, Resolution 2012-154, approving a site plan for 4001 University Avenue NE. Sheila Carney, stated a gas station is looking at going in on the corner of 40th Avenue and University, where the previous gas station burned down. The Planning and Zoning Commission approved the site plan with additional conditions on December 4th. The applicants are going to use same building pad, keep the fence between the residential areas,have adequate screening, and are closing one of the two accesses on 401h Avenue. The Engineering Department has reviewed and accepted the site plan with additional conditions: One being, they would like an eight foot fence as opposed to the existing six foot fence, which will require a conditional use permit. Second being, that the applicant remove metal siding from their plan, as this is not an approved material for businesses along 40th Avenue. Diehm asked what the applicant's response was to installing an eight foot fence. Carney indicated that applicant was fine with it and would come back for a variance. Nawrocki wanted to know what the requirement for windows was and if it was met. Carney stated it was twenty and thirty percent and the applicant has met those City Council Minutes Monday,December 10,2012 Page 6 of 28 requirements.Nawrocki asked what was being done about the complaints from the neighborhood on safety issues. Carney indicated the applicant is proposing to position their counter in a way that they will be able to see both 40'h Avenue and University and will work with the city on enforcement issues. Schmitt asked if the reason for the higher fence was to protect the neighbors. Carney stated it was the Planning Commissions way of dealing with the loitering and to add a little more separation from the residential area. Loay Abukhdair, applicant for gas station, expressed his concerns to the council with having only one entrance to the building. He stated he is very flexible and willing to work with the city as to what is best. Motion by Diehm, seconded by Williams, move to approve Resolution 2012-15, approving a site plan for the construction of a new gas station at 4001 University Avenue NE. Peterson questioned the necessity to have them add an eight foot fence. Requiring an eight foot fence is an added burden on the property owner. Schmitt asked why they cannot have metal siding. Carney stated the Planning Commission thought it was too industrial looking and is not allowed within our design standards. Motion by Diehm, seconded by Williams, to amend Resolution 2012-154, to approve the site plan for 4001 University with the exclusion of item number ten requiring an eight foot fence. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye;Nawrocki, nay; Peterson, aye; 4 ayes, 1 nay. Motion carried. Motion by Diehm, seconded by Williams, move to approve Resolution 2012-15, approving a site plan for the construction of a new gas station at 4001 University Avenue NE as amended. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye; 5 ayes. Motion carried. Peterson closed the Public Hearing to discuss the remaining items that were pulled from the consent agenda. Item R(removed from consent) Discussion Final Compensating Change Order and Authorizing Final Payment for Gateway Pedestrian Bridge, Project No. 0906. Nawrocki asked if this represents an increase for the cost of the bridge. Hansen stated the final numbers for the bridge were all under the original contract that was awarded. Nawrocki wanted to know how much the federal grant was for. Hansen indicated it was for 1.9 million dollars. Furthermore, with the change order that was submitted to council, the final contract amount is still under budget by $8,000. Motion by Williams, seconded by Schmitt, move to approve Final Compensating Change Order and Authorizing Final payment for Gateway Pedestrian Bridge, Project No. 0906. Upon vote: All ayes. Motion carried. Item U (removed from consent) Discussion on City Wide Water Distribution Model Update City Council Minutes Monday,December 10,2012 Page 7 of 28 Motion by Diehm, seconded by Williams, Acceptance of Water Distribution report by Bolton & Menk dated December 2012. Upon vote: All ayes, Motion carried. Nawrocki asked what we are authorizing by accepting this report and what are the costs associated with it. Hansen clarified to the council that there are two recommended motions before them tonight from staff. One is to accept the report as an update to the existing water model and two; to take one element out of the recommendations in the report and authorize staff to start the preparation of plans and specs. One of the critical elements that were found when doing site work was an abandoned PRV value that was found to be badly deteriorated inside the PRV vault. It is very critical to fix this valve now and not wait until 2013. Motion by Diehm, seconded by Williams, to authorize for preparation of plans and specification for the replacement of piping in the PRV vault and new mainline valving at Water Pumping Station 2. Upon vote: All ayes. Motion carried. 6. PUBLIC HEARINGS Administrative Penalties for Liquor License Violations Clark stated that during alcohol compliance checks that were done on July 19, 2012, there were four businesses that were found to be in non-compliance. The city has since adopted a policy on Administrative Penalties for Liquor License Violations,but this does not take effect for thirty days from its adoption on November 26, 2012. Staff recommends that we move into the system we are establishing, but slightly modify it for these violations. Nawrocki asked for clarification between a fine and a penalty. Diehm stated she was concerned with the fact that staff is recommending no fine for La Casita and for Puerta del Sol. Clark stated the council could impose a fine and if they do, to add to the motion all fines have to be paid prior to issuance of their 2013 liquor license. Motion by Diehm, Seconded by Nawrocki, move to establish a "1st Violation" penalty with $250 administrative fine, for serving to a minor on July 19, 2012, for SAH Inc. dba La Casita (Mr. Behrooz Anvary-applicant). Fine shall be paid prior to issuance of 2013 Liquor License. Upon Vote: Schmitt, nay; Williams, aye; Diehm, aye;Nawrocki, aye; Peterson, aye; 4 ayes, 1 nay. Motion carried. Motion by Diehm, seconded by Nawrocki, move to establish a "1st Violation" penalty with$250 administrative fine, for serving to a minor on July 19, 2012, for Gutierrez and Velez Inc. dba as Puerta del Sol (Mr. & Mrs. Gutierrez and Mr. & Mrs. Velez-applicants). Fine shall be paid prior to issuance of the 2013 Liquor License. Upon Vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye; 4 ayes, 1 nay. Motion carried. Motion by Diehm, seconded by Nawrocki, move to establish a "1 st Violation" penalty with a City Council Minutes Monday,December 10,2012 Page 8 of 28 $500 administrative fine for selling to a minor on July 19, 2012, for Jeffs Bobby and Steve's Autoworld (Mr. Jeff Bahe-applicant). Fine shall be paid prior to issuance of the 2013 Liquor License. Upon Vote: Schmitt, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye; 4 ayes, 1 abstain. Motion carried. Motion by Diehm, seconded by Nawrocki, move to establish a "1 st Violation"penalty with a $500 administrative fine for serving to a minor on July 19, 2012, for Central Avenue Investments Inc. dba as Mr. BBQ (Mr. Mohammed Shambolia-applicant). Fine shall be paid prior to issuance of the 2013 Liquor License. Upon Vote: All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2012-155, being a Resolution adopting a budget for the year 2013 setting the City Lew, and approving the HRA levy_ Motion by Diehm, seconded by Williams, waiving reading of Resolution 2012-155, there being ample copies available to the public. Upon vote: All ayes, Motion carried. Motion by Diehm, seconded by Williams, move to adopt Resolution 2012-155, being a Resolution adopting a budget for the year 2013, setting the City Levy, and approving the HRA levy. Item open for discussion. Fehst went over the attached Resolution 2012-155, which is adopting the 2013 budget as modified with the proposed changes approved by council. The five year plan that was started in 2005 required the city staff and council adopt a budget with limited increases in tax supported operating expenses. The first and second year there was a 0% increase in expenditures, which required some layoffs, non-hire backs, not filling positions as people left and two week furloughs. The third year there was a I% increase and this year there is a 2% increase in expenditures. With that, the plan also intended to provide certain tax increases to reduce the cities dependency on state aide. Due to increases in a portion of the city levy paid by taxpayers outside Columbia Heights, under the Area-Wide Fiscal Disparities program, the majority of Columbia Heights tax payers have had a decrease in taxes the past two years. The proposed increase to the city levy this year is 3.36%,which yields a 0% change for the Columbia Heights tax payers for the years 2011-2013. The HRA levy is $184,811 for 2013 which is a 15.4% decrease compared to 2012. This reflects the fifth consecutive year that the HRA levy has decreased. Fehst stated with the adoption of the budget there were two things that came to the City's attention because of the evaluations and appraisals done by the county in our city. First being, the Homestead Credit was removed by the state and changed instead to a Homestead Deduction. For houses with a value of$76,000 or higher, taxpayers are able to take$30,000 off the bottom line for reduction in taxes for appraisal of that household. Unfortunately, because of foreclosures, vacant houses, etc. the City's reduction in property tax has been significant in our Assets Market City Council Minutes Monday,December 10,2012 Page 9 of 28 Value. Secondly, appraisals that were done this year, residents have seen a decrease in their property tax evaluations. Anoka County divided the city into quarters with the dividing line being Central and 45th Avenue. Three quarters of the city received a decrease or no increase in their property taxes and one quarter seen an increase in their property taxes. The residents located south of 45th Avenue to east and west of Central Avenue, seen approximately a $20,000 reduction in their values. Residents north of 45th Avenue and west of Central Avenue seen approximately $30,000 reduction in values and the residents north of 45th Avenue and east of Central Avenue seen approximately$5,00047,000 reduction in values. The residents in this last area seen the least amount of reduction in values, therefore based on the counties appraisals,their taxes increased by $100-$300, which would of increased regardless of the City levy increasing or not. If everyone's property would have decreased by the same amount, residents would have seen the same tax increase. Williams indicated he was still confused as to why the one area of the city seen an increase in their taxes. Fehst stated the county has made a determination on sales, even though they say they cannot include foreclosures, in some areas of the city, there are a lot of neighborhoods that only have foreclosures in their area and no sales. There are approximately 500—700 homes that have gone through foreclosure once or twice within the city. Nawrocki indicated that his taxes went up approximately $300. He asked what was the overall increase in taxes levied was. Finance Director, Joseph Kloiber stated it was 3.36% or approximately$400,000. There are two main outside sources where cities receive aid, one is Local Government State Aid and the other one is the Area-Wide Fiscal Disparities program. Fehst stated the bottom line is, we should continue on the fourth year of the five year program, with the intention of keeping expenditures less than 2% and look at another five year program in the future with taking into consideration what has happened in the last four years. Motion by Nawrocki, move to reduce the proposed City levy increase to 0%. Motion died for lack of a second. Fehst stated the median property tax amount is lower in Columbia Heights compared to 180 other cities in the area that offer approximately the same services. Malcolm Watson, 1717 49th Avenue NE, thanked Finance Director Kloiber for supplying him with the pie chart on the breakdown of how the tax dollars raised in our community are spent. Watson has served on the County's Board of Review for the past twenty-five years. When the county starts to work on the taxes for next year,typically in June, they are determining if the value placed on of your home compares to homes of similar value in your area. The City's tax portion used to be the lowest and the School Districts one of the highest tax portions of the pie chart. Fehst indicated there was a dramatic change in the funding of school districts in the state before 2003, in which school districts did not want to be dependent on the property tax process by near-as much and their intention was to balance out the mandate of their constitution to support the schools. They took the schools off the property tax in 2003 and the city's portion of taxes started to increase. Kloiber indicated the state statue changed in 2002 and in 2003 the school districts share of property tax was cut in half. Leland Stauch, 1155 Khyber Lane, stated the City had his taxable property value at$189,300 for 2012 and Zillow Real Estate, an online real estate company, has it at$1 56,404 based on sales in the area. He has been to the County Board several times to appeal taxes with no change. Fehst stated that the County has determined that land values in the City have dropped. The County City Council Minutes Monday,December 10,2012 Page 10 of 28 determines the lines and stated residents need to make this argument with the County. Deb Johnson,4626 Pierce Street, stated her taxes also went up and if you are going to be mad at anyone, you should be mad at the State as they are pulling the revenues away from the local governments. Kurt Kurzawa, 1070 Grandview Court, went through the right channels to get appraisal on his house higher and the appraiser refused it. Fehst stated the City has the Board of Review in April and the County has the Board of Appeal. He encouraged Kurzawa to come to the Board of Review in April with his information and the City would see what they could do with appealing it to the County Board of Appeals, by telling the County to take a look at it again. Diehm wanted to stress that one issue is, the timing when appraisals are completed. The County does appraisals eighteen months in the rear. Schmitt encouraged Kurzawa to come to the Board of Review with sales information of like properties and if there are no properties in Columbia Heights, to look outside the city for like properties. Steve Osland, 4533 5th Street, indicated his daughter plays in a North Metro Hockey Association and stated that on January 19th it is "National Hockey Day" in Minnesota. Osland would like do something positive in the city and would like to have"National Hockey Day" in Columbia Heights at McKenna Park. He has contacted local people and businesses to help volunteer, organize and apply for grants, but he would like some cooperation from the Public Works Department in being able to use the park for that day. Kevin Hansen, Director of Public Works, invited Osland to attend the Park and Recreation meeting on Wednesday, December 16th at 5:30 PM to discuss his proposal in more detail. Osland stated he would plan on being at the meeting. Motion by Nawrocki, move to amend city budget and reduce budget by $24,329.00 from both the EDA levy and Community Development Budgets. Motion died for lack of a second. Fehst stated we need to make sure the money is there for the interim if studies or additional staff is needed in the future. Motion by Nawrocki, move to amend the HRA levy increase to zero. Motion died for lack of a second. Motion by Diehm, seconded by Williams, move to adopt Resolution 2012-155, being a Resolution adopting a budget for the year 2013, setting the City Levy, and approving the HRA levy. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye; 4 ayes, 1 nay, Motion carried. B. Bid Considerations- none C. New Business and Reports Water System Interconnection Agreement with New Brighton Hansen stated the City was approached by the City of New Brighton for a connection into our existing water system at the intersection of 45th and Stinson, for the purpose of taking down their water tower for servicing that would take approximately eight weeks. This would be a City Council Minutes Monday,December 10,2012 Page 11 of 28 temporary connection and the City of New Brighton would pay the City of Columbia Heights our 2013 water rates. Staff is recommending approval of the Water System Interconnection Agreement with the City of New Brighton. Motion by Nawrocki, seconded by Schmitt, move to enter into a Water System Interconnection Agreement with the City of New Brighton while they repair and recondition the High Service Tower located at 3001 5th Street NW. Upon vote: All ayes, Motion carried. 8. ADMINISTRATIVE REPORTS Report of the City Manager In response to Nawrocki's questions about parking on 40th Avenue, Fehst stated there is parking along 40th Avenue and there is short term parking along Mill Street. In regards to contacting the City of Roseville about IS services, Fehst stated this will take some time to gather this information. Kloiber stated he wanted Nawrocki to understand the City of Roseville does not outsource their IS Department, they are in fact a vendor and supply their IS services to thirty different communities. Nawrocki wanted to wish everyone a happy holiday season. Report of the City Attorney—Nothing to report. 9. CITIZENS FORUM Mayor Peterson asked if any one present wanted to address the council. No one approached the council. Councilmember Schmitt attended the Anoka County Elected Official Public Safety Committee meeting and was able to see the holding cells and a simulation shooting range. She indicated it was very informative and interesting. She would encourage everyone to go next year. Councilmember Williams thanked everyone for their participation in the election and for their support. We have worked hard through the years and we will be a better city tomorrow. He stated we have a wonderful staff and residents. Councilmember Diehm wanted to remind everyone that the council hears over and over again from residents around budget time, that their property values are going down and that one of the most important jobs they have as a councilmember is to make sure the decisions they are making are trying to preserve those values. She wished everyone a happy holiday season and encouraged people to get out and help and support others in the community. Councilmember Nawrocki wanted to bring awareness to "Shop with a Cop", in which members of the Police Department take youth out to do some shopping. Mayor Peterson stated attitude and pride is everything in our community. Be proud that you live here and work here. Remember our men and women serving our country and keep them in your prayers that they all come home safe and sound. Peterson stated he was just made aware that we have a Silver Lake Symphonic Wind Orchestra with forty members, mostly from Columbia Heights, and is meeting with the director later in the week to find out more information about their group. Peterson stated don't take yourselves too seriously and do a random act of kindness. He also wanted to thank all of the commission members that we have here in Columbia Heights and stated what a wonderful job they are doing. Merry Christmas and see you next year! 10. ADJOURNMENT City Council Minutes Monday,December 10,2012 Page 12 of 28 Mayor Peterson adjourned the meeting at 9:46 PM ja�: un k)A�l Tori Lteo ar t, City Clerk/Council Secretary RESOLUTION 2012-150 BEING A RESOLUTION OF JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY, CITY OF COLUMBIA HEIGHTS AND SCHOOL DISTRICT 13 IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES AND AUTHORIZING THE MANAGEMENT COMMITTEE CHAIRT AND COUNTY BOARD CHAIR TO APPORVE MINOR NON- SUBTANTIVE CONTRACT CNAGES THROUGH THE APPROVAL PROCESS OF THE OTHER GOVERNMENTAL ENTITIES. WHEREAS: This is a joint Powers Agreement("JPA")between the County of Anoka ("County") and THE CITY OF COLUMBIA HEIGHTS AND SCHOOL DISTRICT 13 IN ANOKA COUNTY.("Governmental Entities"); WHEREAS: Entered into pursuant to Minn. Stat. § 471.59, for the purchase, maintenance and use of election equipment, including conducting elections,by the County on behalf of the County and the Governmental Entities. Anoka County Contract No. 2012-0362 JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES,TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES This is a joint Powers Agreement("JPA")between the County of Anoka("County") and THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY ("Governmental Entities") entered into pursuant to Minn. Stat. § 471.59, for the purchase, maintenance and use of election equipment, including conducting elections,by the County on behalf of the County and the Governmental Entities. Section 1 Term 1. This JPA shall be in effect for a four year term,beginning January 1, 2013 until December 31, 2016, subject to automatic renewal on January 1 of each subsequent calendar year beginning January 1, 2017. City Council Minutes Monday,December 10,2012 Page 13 of 28 Section 2 Contract Termination 2. During the initial four year term, this JPA may only be terminated by written agreement of the County with the effected Governmental Entity. Beginning January 1, 2017, a Governmental Entity's participation in this agreement may be terminated by that Governmental Entity providing written notice to the remaining parties no later than June 1 of any year, effective on January 1 of the following year. Upon termination of the agreement, all right title and interest in any election equipment purchased by the County under the terms of this agreement for use by the Governmental Entity shall remain with the County. Any Governmental Entity withdrawing from this agreement assumes all costs, responsibilities and liabilities related to the purchase, maintenance and use of voting equipment in the conduct of elections in that jurisdiction. Any amounts of the Governmental Entity's share of the of the initial cost of procurement of the Voting Equipment System and their proportional share of any other costs incurred by the County on their behalf that remain unpaid as of the date of termination shall become immediately due and payable by the Governmental Entity to the County. Section 3 Voting Equipment System Definition 3. For purposes of this agreement, the Anoka County Voting Equipment System means a system in which the voter records votes by means of marking a ballot, so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center. An electronic voting system includes automatic tabulating equipment; non-electronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; system documentation; and system testing as well as software used to manage the assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County. Section 4 Applicability 4. This agreement, and the use of the Voting Equipment System defined herein,between the County and the Governmental Entities is applicable for any election at which offices or questions for the following categories are voted on: Category A: Federal Offices State Offices or Constitutional Amendments Judicial Offices County Offices or Ballot Questions Soil and Water District Offices or Ballot Questions Category B: Municipal (Township) Offices or Ballot Questions City Council Minutes Monday,December 10,2012 Page 14 of 28 Category C: School District Offices or Ballot Questions Category D: Hospital District Offices or Ballot Questions Section 5 County Responsibilities 5. Except as otherwise provided in this contract or required by statute or state or federal rule, the County shall be responsible for preparing the specifications for the purchase and maintenance of the Voting Equipment System as defined herein and for the purchase and maintenance of the system, including making all payments and expenditures for capital and on-going operating costs related to the voting equipment system. In addition, for all Category A, B, C and D Elections, Anoka County shall: 5.1. Perform voting equipment system programming including ballots,ballot counters, ballot markers, and other components of the voting equipment system used to mark, count, record or report election returns and statistics. 5.2. Perform programming and testing of the State Election Reporting System interface, Subject to policies of the State. 5.3. Program and develop a voting equipment testing plan for each election according to statutory requirements. 5.4. Provide ballot design and layout services, and arrange for the printing of ballots to be used in the elections. Section 6 Governmental Entities' Responsibilities 6. Except as otherwise provided in this contract, each individual Governmental Entity shall be responsible for and shall perform all duties and assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of precinct voting equipment for each election and shall utilize county provided software, as determined necessary by the County, to track the testing, assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County, as follows: 6.1. When Category A and/or B or D offices or questions appear on the ballot: 6.1.1. The municipality shall be responsible for and assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include a Category A and/or B or D office or question. 6.1.2. The municipality shall assume all costs required to arrange for the use of polling places in the manner required by the Minnesota election law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, City Council Minutes Monday,December 10,2012 Page 15 of 28 and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. 6.1.4. The municipality shall assume all costs related to issuing, receiving and processing absentee ballots cast by in-person absentee voters in that municipality including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.1.5. The municipality shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training,testing, election day assignments, and any other work assignments associated with the election. 6.2. When only Category C offices or questions appear on the ballot: 6.2.1. The School District shall be responsible and shall assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include only Category C offices or questions. 6.2.2. The school district shall assume all costs required to arrange for the use of polling places in the manner required by law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.2.3. The school district shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. 6.2.4. The school district shall assume all costs related to issuing, receiving and processing absentee ballots cast by in-person absentee voters in the school district including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.2.5. The school district shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training, testing, election day assignments, and any other work assignments associated with the election. Section 7 Allocation of Election Expenses City Council Minutes Monday,December 10,2012 Page 16 of 28 7. Except as already specifically provided for herein, the Voting Equipment System procurement, maintenance and support cost shall be divided between the county, its municipalities, and school districts as follows: 7.1. The County shall incur 55% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur 30% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.3. School Districts located wholly or in part in Anoka County shall incur 15% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.4. Anoka County shall make all payments and expenditures for capital and ongoing operating and maintenance costs related to the system throughout the duration of this contract. 7.5. The annual fee for each jurisdiction shall be established as follows: 7.5.1. Each individual municipality shall pay a fee equal to that percentage of the total Anoka County population residing in that municipality at the time of the 2010 census multiplied by the municipal share (30%) of the actual cost of procurement(prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract. 7.5.2. Each individual school district shall pay a fee equal to that percentage of the total Anoka County population residing in that school district at the time of the 2010 census multiplied by the school district share(15%) of the actual cost of procurement (prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract. 7.5.3. Each Governmental Entity shall be invoiced annually on June 1 for each calendar year of the agreement for the above referenced fees. Said fees shall be due and payable within thirty(30) calendar days of invoicing. 7.5.4. The Governmental Entities hereby agree that they will not reallocate any of the costs incurred herein. 7.6. For each governmental entity, the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of ballot printing, paper and normal delivery charges. City Council Minutes Monday,December 10,2012 Page 17 of 28 7.7. The County shall pay the cost of postage for all domestic mailed absentee ballots cast in the county and absentee ballots cast under the Uniformed Overseas Citizens Absentee Voting Act(UOCAVA) except those absentee postage costs incurred by Municipalities designated to administer absentee voting laws under M.S. 20313.05, Section 8 Documentation of Election Expenses S. Documentation of actual expenditures as required by the County is required for the allocation of election expenses pursuant to this agreement. Invoices or billing statements are acceptable documentation for goods or services purchased for vendors. Section 9 Ownership 9. The Governmental Entities acknowledge that the County owns the Voting Equipment System and that the Governmental Entities are authorized to use said Voting Equipment System for official election related purposes. Use of the Voting Equipment System by the Governmental Entities for any other purpose is strictly prohibited absent express written consent of the County. The Governmental Entities hereby acknowledge and agree that the Voting Equipment System may contain proprietary and trade secret information that is owned by a third party and is protected under federal copyright law or other laws, rules, regulations and decisions. The Governmental Entities shall protect and maintain the proprietary and trade secret status of the Voting Equipment System in their possession. Section 10 Handling Of Equipment and Insurance 10. Each municipality shall be responsible for storage of elections equipment assigned by the county to that municipality. Municipalities shall make all necessary elections equipment in its possession available to other entities as directed by the county. Each Governmental Entity acknowledges that it shall be responsible for the Voting Equipment System while it is in the Governmental Entity's custody. Each Governmental Entity, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Voting Equipment System while it's in the Governmental Entity's custody and this contract is in effect unless such costs, fees, damages and expenses are then currently covered under a manufacturer warranty covering said equipment. The Governmental Entities shall be responsible for,provide coverage for and shall provide proof of general liability and worker's compensating insurance (Hold Harmless Agreement) for all individuals providing services required by this contract. In addition to the foregoing, the Governmental Entities shall, during the term of this contract, maintain, through commercially available insurance or on a self-insured basis,property insurance coverage on all of the voting systems used or intended for use in this agreement to cover all repairs or replacement of the voting equipment if damaged or stolen. The Governmental Entities are responsible for any deductible under their policy. Section 11 City Council Minutes Monday,December 10,2012 Page 18 of 28 Independent Contractor 11. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents,partners,joint ventures, or associates between the parties hereto or as constituting the County or the Governmental Entities as the employee of the other entity for any purpose or in any manner whatsoever. The County is an independent contractor and neither it, its employees, agents, nor its representatives are employees of the Governmental Entities. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer-employee relationship unless required by law. Section 12 Data Practices 12. All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. Section 13 No Waiver 13. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. Section 14 Governing Law 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 15 Entire Agreement 15. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof and hereby rescinds and replaces all prior Agreements with the respective Governmental Entities with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to City Council Minutes Monday,December 10,2012 Page 19 of 28 this Agreement signed by the parties hereto. Section 16 No Assignment 16. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. Section 17 No Warranty 17. The Governmental Entities agree that the County is furnishing the Voting Equipment System on an "as is" basis, without representation or any express or implied warranties, other than those provided by any maintenance agreement entered into by the County for the maintenance of the Voting Equipment System, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Voting Equipment System. The Governmental Entity's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Voting Equipment System for the purposes stated herein shall be the right to terminate this agreement. The County does not warrant that the Election Voting Equipment System will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Voting Equipment System. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage)or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. Except as otherwise specifically provided for in this agreement, County and the Governmental Entities agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of any other party under the Agreement and the results thereof. The parties'respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the Governmental Entities or County of any statutory or common law defenses, immunities, or limits on liability. Section 18 Notice 18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the Governmental Entity: To the person and address designated by each Governmental Entity in writing. To the County: Anoka County Administrator City Council Minutes Monday,December 10,2012 Page 20 of 28 ADDRESS Copy to: Anoka County Elections Manager ADDRESS Section 19 Audit Provision 19. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers,records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. Section 20 Survival of Provisions 20. It is expressly understood and agreed that the obligations and warranties of the Governmental Entity and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Section 21 Authority 21. The person or persons executing this Joint Powers Agreement on behalf of the Governmental Entity and County represent that they are duly authorized to execute this Joint Powers Agreement on behalf of the Governmental Entity and the County and represent and warrant that this Joint Powers Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. (Rest of page left intentionally blank) NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of Columbia Heights does agree to enter into a joint Powers Agreement("JPA")between the County of Anoka ("County") and SCHOOL DISTRICT 13 IN ANOKA COUNTY ("Governmental Entities") entered into pursuant to Minn. Stat. § 471.59, for the purchase, maintenance and use of election equipment, including conducting elections, by the County on behalf of the County and the Governmental Entities. RESOLUTION NO. 2012-151 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 24, 2012 City Council Minutes Monday,December 10,2012 Page 21 of 28 WHEREAS: The City of Columbia Heights offices are closed on Monday, December 24, 2012, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 24, 2012; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Resolution 2012-152 Resolution Authorizing Community Development staff to apply for Community Development Block Grant(CDBG)funds for Demolition at 3927 Central Ave. North Whereas, in December of 2012 the City's Economic Development Authority(EDA)purchased 3927 Central Ave.North, and Whereas, the subject site is a key redevelopment site identified within the City's Comprehensive Plan, and Whereas, the site has a number of redevelopment associated issues including future soil corrections and others beyond market price considerations, and Whereas, the EDA has purchased properties that are adjacent to the subject site, and Whereas, the first step in the redevelopment of this site is demolition with estimated cost as detailed in the grant submission, and Whereas, the EDA desires to seek assistance from DEED through their established programs for this essential redevelopment, NOW THEREFORE BE IT RESOLVED, The City Council, on behalf of the City's Economic Development Authority, hereby authorizes submittal of the grant application to Anoka County for CDBG funds for the purpose of demolition of property at 3927 Central Ave. Resolution 2012-153 Resolution Authorizing Submittal to the Department of Employment and Economic Development (DEED) for 2013 Redevelopment Grant Funds for Demolition at 3927 Central Ave. North Whereas, in December of 2012 the City's Economic Development Authority(EDA)purchased 3927 Central Ave. North, and Whereas, the subject site is a key redevelopment site identified within the City's Comprehensive Plan, and City Council Minutes Monday,December 10,2012 Page 22 of 28 Whereas, the site has a number of redevelopment associated issues including future soil corrections and other beyond market price considerations, and Whereas, the EDA has purchased properties that are adjacent to the subject site, and Whereas, the first step in the redevelopment of this site is demolition with estimated cost as detailed in the grant submission, and Whereas, the EDA desires to seek assistance from DEED through their established programs for this essential redevelopment, NOW THEREFORE BE IT RESOLVED, 1. The City Council, on behalf of the City's Economic Development Authority, hereby authorizes submittal of the grant to DEED for the purpose of demolition of property at 3927 Central Ave. RESOLUTION NO. 2012-154 RESOLUTION APPROVING A SITE PLAN FOR THE CONSTRCTION OF A GAS STATION LOCATED AT 4001 UNIVERSITY AVENUE NE COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012-1201) has been submitted by Barr-Nelson Inc., to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4001 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 2,400 square foot gas station store located at 4001 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 5, 2012; WHEREAS,the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. City Council Minutes Monday,December 10,2012 Page 23 of 28 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. 3. The southwestern access off 40th Avenue shall be closed and curbed, resulting in one access off 401h Avenue for this property. The City Engineer shall approve the access before a building permit is issued 4. The building shall be sprinkled. 5. Parking areas shall be screened with fencing and/or landscaping that is 80% opaque year round. 6. The trash enclosure shall match the building. 7. An old sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. 8. The parking lot and sidewalk shall be repaved. There shall be no deviation from the design guidelines for building materials RESOLUTION 2012-155 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2013, 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 2013 is hereby approved and adopted with appropriations for each of the funds listed below: Expense General Fund 10,663,942 Community Development Fund 206,922 Economic Development Fund 299,717 State Aid 171,677 City Council Minutes Monday,December 10,2012 Page 24 of 28 Cable Television 103,312 Library 804,901 Infrastructure 152,297 Capital Improvement 294,228 Capital Equipment Replacement Funds 533,468 Construction Funds 2,157,000 Central Garage Fund 690,105 Liquor Operating 8,443,594 Liquor Capital/Non-Operating 557,347 Water Utility Fund 2,645,405 Sewer Utility Fund 2,339,047 Refuse Fund 1,800,656 Storm Sewer Fund 377,117 Data Processing 323,524 Debt Service Fund 2,487,817 Total Expense Including Interfund Transfers 35,052,076 Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all funds, including general ad valorum tax levies and use of fund balances, as hereinafter set forth for the year 2013. Expense General Fund 10,663,942 Community Development Fund 206,922 Economic Development Fund 299,717 State Aid 171,677 Cable Television 103,312 Library 804,901 Infrastructure 152,297 Capital Improvement 294,228 Capital Equipment Replacement Funds 533,468 Construction Funds 2,157,000 Central Garage Fund 690,105 Liquor Operating 8,443,594 Liquor Capital/Non-Operating 557,347 Water Utility Fund 2,645,405 Sewer Utility Fund 2,339,047 Refuse Fund 1,800,656 Storm Sewer Fund 377,117 Data Processing 323,524 Debt Service Fund 2,487,817 Total Expense Including Interfund Transfers 35,052,076 City Council Minutes Monday,December 10,2012 Page 25 of 28 Section C. The following sums of money are levied for the current year, collectable in 2013 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 7,973,404 Estimated Library Levy 777,000 Estimated EDA Fund Levy 84,811 Total 8,835,215 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2013 in the amount of$184,753. 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 2013 that is higher than the tax rate calculated for the City taxes levied in 2011 collectable in 2012. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2006A in the amount of$106,739 and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2013. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of$225,000 and that the County Auditor is authorized to cancel $225,000 of the related Bond Levy for taxes payable in 2013, leaving a balance of$436,545 to be levied for taxes payable in 2013 for Series 2008B. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of$103,900 and that the County Auditor is authorized to cancel $103,900 of the related Bond Levy for taxes payable in 2013, leaving a balance of$129,161 to be levied for taxes payable in 2013 for Series 2009A. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. RESOLUTION NO. 2012-156 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff, and; WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, City Council Minutes Monday,December 10,2012 Page 26 of 28 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. RESOLUTION NO. 2012-157 BEING A RESOLUTION AUTHORIZING THE COLUMBIA HEIGHTS FIRE DEPARTMENT TO APPLY FOR THE FIRE AND RESCUE SHARED SERVICES FEASIBILITY STUDY GRANT WHEREAS, Governor Tim Pawlenty created a"Fire and Rescue Shared Services Task Force"through Executive Order#09-13 on December 4, 2009. WHEREAS, the task force was assigned to investigate issues and the comparative benefits attendant to different models for shared fire and rescue service delivery. WHEREAS,the task force has developed"A Blueprint for Shared Services" document which contains several Minnesota fire service models of shared services, and has obtained grant funding through the Fire Service Advisory Committee/Department of Public Safety for outside consulting services that explore a shared services model for multiple fire services. WHEREAS, the grants will be administered by Department of Public Safety through the State Fire Marshall Division. WHEREAS, Shared Services refers to any number of methods where fire and rescue service organizations are doing something together to become more effective or more efficient. The shared service concept does not necessarily mean a savings in terms of money. WHEREAS,based on initial discussions with several surrounding fire chiefs from the City of Fridley, City of St. Anthony, and the City of Columbia Heights there appears to be interest in pursuing this grant opportunity. NOW THEREFORE, BE IT RESOLVED,that the Columbia Heights City Council hereby authorizes the following: I. To proceed with the application process for the Fire and Rescue Shared Services Feasibility Study Grant. 2. Authorizing the City of Columbia Heights Fire Department to be the lead jurisdiction and the contracting agency for the Minnesota State Fire Marshal Fire and Rescue Shared Services Feasibility Study Grant Program. 3. Authorizes the Columbia Heights Fire Chief as the program contact person and to apply for the grant on behalf of all participating agencies voluntarily entering into this study process. 4. Authorizing the Columbia Heights City Manager and Fire Chief to enter into contracts with the Minnesota State Fire Marshal for the grant and Emergency Services Consulting International to conduct the study. RESOLUTION NO. 2012-158 City Council Minutes Monday,December lO.20l2 Page 27of20 BEING ARESOL0TDON ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship oo some persons owning hozucatcndpzopoi ties who are 65 years of age or older nr retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and WHERAS, Minnesota Statutes 435.193 —435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence ofuhardship and for determining the existence ofodisability. NOW, THEREFORE,BEDT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: l. This deferral procedure shall apply only to assessments which are payable iufivoor more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must bo the same nature ao would qualify the applicant for u homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned bya person 65 years of age oz older nrretired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same dnfiuitiuofor purposes of assessment deferral umim used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein oo long nn determination iomade ino nondiscriminatory manner and does not give the applicant uo unroua000h1e preference or advantage over other applicants. 5. Tn order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed bythe City Clerk. 8. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any o[the following events: a. the death of the owner,provided that the spouse io not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property nr any part thereof, C. if the property should for any reason lose its hon000tcod status; or d. if for any reason the City shall determine that there would hecmhardship to require immediate or partial payment. 7. No deferral may bn granted unless the homeowner makes application to the City Clerk within thirty (3O) days after adoption of the assessment by the Council. City Council Minutes Monday,December 10,2012 Page 28 of 28 8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 9. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of$31,700. 10. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`h of each year. 11. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 12. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. RESOLUTION NO. 2012—159 UPDATE INCOME LIMIT FOR SENIOR CITIZEN UTILITY RATES WHEREAS,the City Council has previously established eligibility standards for senior citizen rates for refuse sei vice, sewage disposal, storm water and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE,BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of$31,700 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2013.