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
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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
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(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.
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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
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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
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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
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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
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$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
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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
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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
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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
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Monday,December 10,2012
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Mayor Peterson adjourned the meeting at 9:46 PM
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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
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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,
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Monday,December 10,2012
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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
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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
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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
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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
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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
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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.