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02/25/2013 Regular Meeting
CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 401"Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at.www.cLcolumbia-heiehts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manaeer Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,February 25,2013 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. e ity of o um is Heights does not discriminate on t e asls OT Ui—sa-617—ty in tea mission or access to, or treatment or employment in, its services,programs,or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements. (TDDn06-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Bob Lyndes of Crestview Communities. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council,upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS,PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve the minutes of the February 11, 2013 City Council Meeting Pg 5 MOTION: Move to approve the minutes of the February 11, 2013 City Council Meeting. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept October 24, 2012 Park and Recreation Commission Minutes. Pg21 C. Re-Appointments to Boards and Commissions pg2 6 MOTION: Move to reappoint Hoium and Sowada to three year terms on the Library Board; Doty to a four year term on the Traffic Commission; Hoium to a five year term on the Park and Recreation Commission; and Keith Roberts to a four year term on the Planning and Zoning Commission. D. Approve Raffle, Little Voyageurs' Montessori School, St. Timothy's Lutheran Church Pg2 7 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 2 City Council Agenda Monday,February 25,2013 Page 2 of 3 51 st Avenue, Columbia Heights, on April 26, 2013; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Approve Business License Applications Pg3 0 MOTION: Move to approve the items as listed on the business license agenda for February 25, 2013. F. Accept the Restated Bylaws, Appendix A, and Appendix D of the Columbia Heights Volunteer Pg3 2 Firefighters Relief Association and place on file with the City of Columbia Heights MOTION: Move to accept the Restated Bylaws, Appendix A, and Appendix D of the Columbia Heights Volunteer Firefighters Relief Association and place on file with the City of Columbia Heights. G. Approval of the attached list of rental housing licenses Pg6 8 MOTION: Move to approve the items listed for rental housing license applications for February 25, 2013 in that they have met the requirements of the Property Maintenance Code. H. Review Payment of Bills pg7 0 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 146903 through 147043 in the amount of$563,821.97. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Second reading of Ordinance 1611,Vacation of Drainage and Utility Easements Pg7 8 MOTION: Move to waive the reading of Ordinance 1611, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1611, being an Ordinance Vacating Drainage and Utility Easements over Outlot B, Grand Central Lofts Second Addition. 7.ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 3 City Council Agenda Monday,February 25,2013 Page 3 of 3 10.ADJOURNMENT Walter R. Fehst, City Manager WF/tal 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,FEBRUARY 11,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M. ON MONDAY,FEBRUARY 11,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL,590 40TH AVENUE N.E.,COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:05 PM Members Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Williams, Councilmember Diehm and Councilmember Schmitt. Staff Present: City Manager Walt Fehst, Assistant to the City Manager/Human Resource Director Linda Magee, Public Works Director Kevin Hansen, Fire Chief Gary Gorman, Assistant Community Development Director Sheila Cartney, City Attorney Jim Hoeft and City Clerk/Council Secretary Tori Leonhardt. Pastor Max Richter of Community Methodist Church gave the invocation. 2. PLEDGE OF ALLEGIANCE - Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked that we add under new business the appointment of Keith Roberts to the Planning and Zoning Commission. He also stated he received a complaint from a resident in regards to snow removal on sidewalks and asked if it has been taken care of. Kevin Hansen stated he is taking care of the complaint regarding the snow removal. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS A. Above and Beyond Award Mayor Peterson presented City Employee LeAnn Ottney with the Mayors"Award of Accommodation" and the"Above and Beyond Award" for saving co-worker Tori Leonhardt's life with her quick thinking and administration of the Heimlich Maneuver on Thursday, January 24, 2013. Leonhardt also thanked Ottney for her quick thinking and for saving her life. She will forever be in debt to Ottney. Mayor Peterson stated the Sweet Heart dance,put on by the Lions, was Saturday night at Murzyn Hall and they had a fantastic turn out,probably the best ever attended. It was a lot of fun with great food and dancing to the Tkach band that was playing. The Fish Fry for the"Heritage Tower"will be on February 22, 2013. There will be a silent auction, opportunities to purchase bricks or donate to the event,music and dancing. The cost is $10 for adults and$6 for children under 12. Tickets are available at City Hall, Recreation and available at the door the night of the event. Our Fire Department will be helping out on April 6th at the Pancake breakfast at Applebee's in Fridley to raise money for the Heritage Tower. More information will be out soon on this event. 5 City Council Minutes Monday,February 11,2013 Page 2 of 16 5. CONSENT AGENDA Councilmember Nawrocki asked that items D, E, F, H and J be removed from the consent agenda for further discussion. City Manager Fehst explained the item K was removed prior to distribution of the packets, as there is more information needed before it is presented to council. Fehst took the councilmembers through the remaining items of the agenda. A. Approve the minutes of the January 28, 2013 Council Meeting B. Approve the recommended 2013 Council/City Staff Liaison Assignments as discussed in the City Council Work Session on February 4, 2013. C. Accept Board and Commission Meeting Minutes D. Adopt Resolution 2013-14, 2013-2014 AFSCME Labor Agreement Removed E. Adopt Resolution 2013-15, 2013-2014 Salary and Fringe Benefit Adjustment for Non-Union Supervisory E=Ioyees Removed F. Adopt Resolution 2013-16, 2013-2014 Salary and Fringe Benefit Adjustment for Non-Union Essential and Confidential Employees - Removed G. Adopt Resolution 2013-19, Subordination of City Mortgage to Wells Fargo for property at 4648 Fillmore MOTION: Move to waive the reading of Resolution 2013-19, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-19, approving a Resolution to agree to the subordination of the City Mortgage to Wells Fargo for property at 4648 Fillmore in the amount of$49,500.00. H. Adopt Resolution 2013-13 Authorizing Participation articipation in the Minnesota GreenStep Cities Program Removed I. Final Compensating Change Order and Final Payment for Miscellaneous Concrete Project#1200 MOTION: Move to approve the final compensating change order and accept the work for 2012 Miscellaneous Concrete Repairs and Installations, City Project#1200, and authorize final payment of$28,853.83 to Ron Kassa Construction, Inc. of Elko,Minnesota. J. Adopt Resolution 2013-17 Accepting the Feasibility Report for Concrete Street Rehabilitation and Ordering the Public Improvement Hearing, Cily Project No. 1302. -Removed K. Approve the Restated Bylaws, Appendix A, and Appendix D of the Columbia Heights Volunteer Firefighters Relief Association. PULLED L. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 11, 2013 as presented. 6 City Council Minutes Monday,February 11,2013 Page 3 of 16 M. Review Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 146748 through 146902 in the amount of$702,270.14. Motion by Diehm, seconded by Williams, move to approve the Consent Agenda items with the acceptations of items D, E, F, H and J which were removed for further discussion. Upon Vote: All ayes. Motion carried. Discussion on items removed from the consent agenda: Items D,E, and F. Resolution 2013-14, 2013-2014 AFSCME Labor Agreement, Resolution 2013-15, 2013-2014 Salary and Fringe Benefit Adjustment for Non-Union Supervisory Employees, and Resolution 2013-16, 2013-2014 Salary and Fringe Benefit Adjustment for Non- Union Essential and Confidential Employees. Nawrocki stated he pulled these items because he feels the council needs more information and he would like to get some comps from other communities on what they are paying for similar positions. If we are giving a 2% raise across the board,then the employees that make more are getting twice as much as the lowest paid employee. Nawrocki would like to pull the three labor contracts and discuss them at a work session. Fehst stated the council and staff did discuss this in the budget work session last September and the contracts, as a whole, do stay within the 2% guidelines that the council gave us. Motion by Nawrocki, move to remove Labor Contract items D, E, F and place them on the next work session for further discussion. Councilmember Williams asked Magee if the insurance was negotiated along with the salaries in the contracts. Magee indicated back on September 24, 2012,the City Manager,Finance Director and herself, met with councilmembers, (who were all present) and Mayor Peterson in an executive session to review the parameters for labor negotiations and the contracts for 2013-2014. The contract with AFSCME falls within those guidelines. The other two resolutions refer to the non-union individuals that are not represented by a bargaining unit, at this time. Those also fall within the parameters which were reviewed. This does address health insurance and employer contributions to health insurance for 2013 as well as 2014. We know what the premiums are for 2013; we do not know yet what they will be for 2014. Although the city is premium driven, we did not go out and market for 2013 because we were guaranteed a two year rate with Medica. We do not know what is going to happen with health care reform in 2014. We have a tentative agreement with AFSCME; the rate is based on what was predicated in 2012 if we went with them in 2013. Williams stated we gave her those parameters or leeway at the executive session and we cannot have her go back and re-negotiate with them.Nawrocki indicated that there are a lot of people in the community that are on Social Security and they are only proposing a 1% increase. Magee stated the adjustment of 2% does not take effect until May 2013. Fehst reminded the council that in the five year plan that was approved by council, the first two years there was a zero percent increase and the third year there was a 1% increase, this is the first time we have had a 2% increase in the five year plan. 7 City Council Minutes Monday,February 11,2013 Page 4 of 16 Mayor Peterson called for a second, motion died for lack of a second. Motion by Diehm, seconded by Williams to waive reading of Resolution 2013-14, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Deihm, seconded by Williams move to adopt Resolution 2013-14, regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, Local 495, effective January 1, 2013 - December 31,2014. Upon Vote: Schmitt aye; Williams aye; Diehm aye,Nawrocki abstain; Peterson aye. 4 ayes, 1 abstention. Motion carried. Motion by Diehm, seconded by Schmitt, Move to waive the reading of Resolution 2013-15,there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm, seconded by Schmitt, move to adopt Resolution 2013-15, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non- unionized City supervisory positions for calendar years 2013 and 2014. Upon Vote: Schmitt aye; Williams aye; Diehm aye,Nawrocki abstain; Peterson aye. 4 ayes, 1 abstention. Motion carried. Motion by Diehm, seconded by Schmitt,move to waive the reading of Resolution 2013-16, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm, seconded by Schmitt, move to adopt Resolution 2013-16, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non- unionized essential and confidential city positions for calendar years 2013 and 2014. Upon Vote: Schmitt aye; Williams aye; Diehm aye,Nawrocki abstain; Peterson aye. 4 ayes, 1 abstention. Motion carried. Item H: Resolution 2013-13 Authorizing Participation in the Minnesota GreenStep Cities Program. Nawrocki stated he feels there are good points to the program, although he does not believe any other communities within Anoka County have signed up for it. If more communities join, the state will make it mandatory,then local communities will have to perform them whether they agree with the program or not. The local tax payers will have to pay more in taxes. We can still do parts of the program without doing it formally. Diehm stated this is a program that Councilmember Schmitt brought to us a while ago and talked to other communities about their involvement in the program. Most of these things we are doing 8 City Council Minutes Monday,February 11,2013 Page 5 of 16 now and not getting recognition for. It is a program that does offer some benefits. Diehm is conscious that it is important to Councilmember Schmitt and if she is interested in taking the lead and getting staff involved, she would be interested in participating with a request to re-evaluate the program in 12 months. Schmitt stated some of the problems we have seen with the program are the amount of staff time needed,but after talking to Jesse Davies, she believes it will not consume much staff time and will not be too hard to do. If it gets to be time consuming, we will not do it. It makes sense as a city to conserve and be frugal with our money and replace what needs to be replaced. We are saving money for the city by doing these things. Williams stated he sees tremendous things happening in our city. Although it is very difficult to see them put walking paths or bike paths in places when we don't have sidewalks in some areas, he will support Councilmember Schmitt with the program and look at it after a year.Nawrocki agreed there are cost savings things on the list,but we do not have to join anything to participate and continue to do these items if they make sense for our community. He asked Diehm what other communities currently participate in this program. Diehm stated Falcons Heights and Mendota Heights. Schmitt added some of these things we are already doing. Having a farmers market is one of the steps. We already have community gardens and that seems to be successful with food going to SAGA. Kevin Hansen commented that it is a voluntary program and is a stepped program. If it is the Council's desire, we can at least engage in step one and start looking at step two over the summer and report back to you on staff's involvement and what we feel is appropriate for Columbia Heights.Williams stated he is all for progress,but you may be creating a bigger government. He also stated that grants are not free; they come out of our taxes. Peterson indicated that it is smarter to work from the inside as opposed to the outside. Nawrocki asked that when Hansen does his follow up reports, to also indicate how much staff time and effort it took up to that point. Motion by Schmitt, seconded by Diehm, move to waive the reading of Resolution 2013-13, there being ample copies available for the public. Upon Vote: All ayes. Motion carried. Motion by Schmitt, seconded by Diehm, move to adopt Resolution 2013-13 authorizing the City to participate in the GreenStep Cities program and report back to council with results after one year. Upon Vote: Schmitt aye; Williams aye; Diehm aye; Nawrocki nay; Peterson aye. 4 ayes, 1 nay. Motion carried. Item J: Resolution 2013-17 Accepting the Feasibility Report for Concrete Street Rehabilitation and Ordering the Public Improvement Hearing, City Project No. 1302. Nawrocki questioned if the council could decide not to do the improvement project if after the public hearing,they do not feel it is necessary. Hansen indicated for this project what they are proposing in terms of a schedule is, on February 26th the city would notice all the impacted residential properties and invite them to a public informational meeting held here in the chambers and then take their commentary to the Public Improvement Hearing on Monday, March 4ffi. At that time council would determine whether or not to proceed with these improvements. Hansen indicated staff has done a considerable amount of work up in that area including; inspecting and cataloging the type of stresses that are in the concrete streets,both the panel and cracking and joint failures. They have also hired and worked with an independent Geo- 9 City Council Minutes Monday,February 11,2013 Page 6 of 16 technical Company to look at pavement sections and cored several joints and gave us a report on the condition. We then took that information and compiled our feasibility reports. The third thing we did was, MNDOT came in on a voluntary basis and spent a day with us going through the information. Nawrocki stated he is not opposed to having a hearing,but indicated you can't make any on site evaluations at this time because of the snow. He understands engineer reports, but feels like the information they come back with may not need to be completed and only warranties the study. He agrees there are problems,but to what extent. Diehm asked that the residents keep in mind that these streets were constructed in 1962 and 1963. Nawrocki stated the estimate is approximately$3,200 per property. Hansen stated the unit cost is actually$2,800 per lot and under our street rehab policy it does include a 30% cost share. All of the overhead is absorbed by the city. Motion by Williams, seconded by Schmitt, move to waive the reading of Resolution 2013-17, there being ample copies available for the public. Upon Vote: All ayes. Motion carried. Motion by Williams, seconded by Schmitt, move to adopt Resolution 2013-17, being a resolution accepting the Feasibility Report for Concrete Street Rehabilitation, City Project No. 1302, and ordering the Public Improvement Hearing beginning at 6:30 PM on March 4, 2013. Upon Vote: All ayes. Motion carried. 6. PUBLIC HEARINGS 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2013-18,being a Resolution approving the Preliminary and Final Plat for Cottages at Grandview, 47th and Central Avenue and the 1 st reading of Ordinance No. 1611, being an Ordinance to vacation of existing drainage and utility easements over Outlot B, Grand Central Lofts 2nd Addition. Assistant Community Development Director, Sheila Cartney stated in 2003, a site plan was approved for three condominium buildings containing 66 units each and 21 townhomes in six groupings, with associated open space and a community center. The request is to "replat"the townhome lots and Out lot(leaving the condos and community center as is). Ten townhomes have been built at this time. The townhouses that were built will remain as originally platted as well as the community center. The new plat Cottages of Grandview,will create Lots 1-9, Block 1, Outlot A and Outlot B. Each house will be platted on their own lot. The majority of the lots will be 4,050 square feet(Originally 2,460). The new single family homes will be part of the association; however the exact details have not been worked at the time. As proposed the single family homes will meet design requirements. A hardboard LP siding is proposed with wood and shake accents similar to what is on the townhouses now. The Planning and Zoning Commission is recommending approval of the preliminary plat based on the following conditions of approval that have been found to be necessary to protect the public interest and unsure compliance with the provisions of the Zoning and Development Ordinance including; 10 City Council Minutes Monday,February 11,2013 Page 7 of 16 1. Each lot will require erosion control measures—they need to be installed and inspected by the City prior to any site activities beginning(as lots are built). 2. Catch basin inlet protection shall be provided on the downstream catch basins. 3. All work within public easement shall be inspected by the City Engineering Department. 24-hour advanced notice of an inspection is required. 4. At the street cuts—the street restoration shall be in accordance with engineering standard plates. The pavement wear course was place in 2012,which requires curb to curb pavement restoration. 5. Curbing installation shall meet City standard plate requirements. 6. New sewer and water service installations and service disconnects shall be inspected by Public Works. The Planning and Zoning Commission also recommends approving a site plan for 9 single family lots located at Grandview Cottages subject to the following conditions: 1. The approved plans are limited to 9 detached single family homes. 2. The styles of homes are limited to the three plans that are shown as Plan A, B, C on the Concept Elevations Sheet received December 3,2012. 3. Exterior color package is limited to the colors presented on color package sheet dated received on December 3, 2012. At the Planning and Zoning Commission meeting, the applicant requested to cap unused water lines at the curb rather than cutting them and capping them at the main(which is an ordinance requirement). The applicant's Engineer has had discussions with the City Engineer and has stated a monetary hardship behind this request. At this time the applicant has not requested a variance. They also indicated that there was some ponding and flooding in the wetland area. This was the first time it has been reported to the City and our engineering staff had not heard of any prior complaints,but would investigate it further. Nawrocki commented the way we set up the lot before they were 40 foot lots and we would not allow them in other parts of the city. The townhomes did leave a little more open space. Cartney stated there is still space in the back yards and have a common area. The proposed single family units are slightly bigger than the townhomes. Schmitt stated she heard that there were some concerns with boulders coming down. Cartney indicated that yes there were some concerns and it was directed to engineering, but this was not directly related to this proposal. Brent Hislop with Synergy, a consultant for the applicant, stated they are in agreement with everything that City staff has proposed, although we are requesting to relocate one of the three water services for an irrigation meter and that we would be able to use the remaining two services for other lots by extending them. Peterson asked if there would be any harm in their proposal. Hansen stated this is the first we have heard of repurposing for irrigation. As far as capping the services at the main,this is an ordinance requirement. The city is responsible for the water service and enforcing access to and from. We are also responsible for locates on all facilities within the Public Right of Way. The City can grant a hardship,but there does not appear to be a hardship here. Diehm asked Hislop if there was a certain reason that they do not want to comply with the ordinance. Hislop stated it is productive to repurpose them. By going back to the main you destroy three sections of the street and the HOA would like us not to disturb the street if reasonably possible and doesn't jeopardize the public utilities. Diehm asked what the threshold 11 City Council Minutes Monday,February 11,2013 Page 8 of 16 of costs would be. Hislop indicated you don't just have a street itself, you have a parking bump out which is wider than a normal street. He would estimate somewhere between$18,000 and $25,000 for the whole project,maybe a little more to add in a service. Diehm asked the council if this is something that we could grant them some extra time to make that disconnection and if it makes sense to move forward at this point. Hansen indicated those are private streets,the city does not have a say in it. It would be appropriate upon platting to get services out of there. Hansen feels the cost would be between $13,000 to $15,000. The city is not looking for a full depth repair,they could do a mill and overlay. Schmitt asked if there were enough changes on this proposal that we would need to wait on it. Hansen stated not from a storm water perspective. City Attorney, Jim Hoeft, indicated to council that they do have options at this point. The discussion with regard to the water supply being terminated, there is not currently and there has not been, a request for a variance. If you approve it tonight as they have presented, they would have to comply with city ordinance and cap off the service at the main. This does not prevent them from going back to the Planning Commission and doing a variance request, in which staff would have to investigate it and make a determination if there are practical difficulties there with doing that. They are not precluded from that option but it is not up to the council to grant a variance tonight, as it has not been through the proper channels and procedures. You could approve it with compliance to the ordinance or you could table it and wait for a variance request. Paul Biernat, 1070 Grandview Court,representing the Master Association who is responsible for all common areas in the development, stated they do not want patches in the streets,because they will break down and streets will not last as long. They would require curb to curb repair if they tear up the street. As far as the water hookups, the one is not abandoned; it is located on other side of street and they would like one on this side of the street. As far as the flooding,in May 2010 the pond flooded 3 times and it has come up all the way to slope about a foot and a half below grade. Hansen added in terms of repurposing any water services out there, we can work with that we just have to make sure it meets the plumbing code. In terms of the storm water, our intent with that is to look at the way pond operates, look at the pipes to see if plugged and if the overflow channel is overgrown or has something changed with grade. It almost sounds like something structural is going on and they will look at it in the spring. Deb Johnson, 4626 Pierce Street, asked why the City would be concerned or care if their drainage is plugged since it is private property. Hansen indicated the city is responsible for it as it is connected to the public system. Johnson also expressed her concern with all the new construction in Heights being two stories, and there are not enough ramblers. She understands they take up too much ground space,but the city should look at the needs of aging citizens in the community. Motion by Diehm, seconded by Williams,move to waive the reading of Resolution 2013-18, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm, seconded by Williams, move to adopt Resolution 2013-18, approving the Preliminary and Final Plat for Cottages at Grandview at 47th and Central Avenue. Nawrocki stated he would like to make sure that the Public Works Department follows up relative to the ponding issues at this site. 12 City Council Minutes Monday,February 11,2013 Page 9 of 16 Upon Vote: All ayes. Motion carried. Motion by Diehm, seconded by Williams, move to waive the reading of Ordinance No. 1611, being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm, seconded by Williams, move to establish the second reading of Ordinance No. 1611, for Monday, February 25, 2013, at approximately 7:00 PM in the City Council Chambers. Upon Vote: All ayes. Motion carried. B. Bid Considerations -non C. New Business and Reports Motion by Nawrocki, seconded by Schmitt to appoint Keith Roberts to the Planning and Zoning Commission vacancy with a term to expire April 2013. Upon Vote: All ayes. Motion carried. 8. ADMINISTRATIVE REPORTS Report of the City Manager— Fehst responded to Councilmember Nawrocki's questions: As to the question regarding the City of Fridley and how they budget for employees attending meetings and seminars, Fehst indicated the interim City Manager responded the City of Fridley had cut back on conferences several years ago and they are now proceeding to put them back into their budgets.Nawrocki stated that he talked to someone from the City of Fridley and they told him the policy is they only pay for meals and travel if someone has some sort of a special license to maintain or is required to attend. Schmitt added the City of Fridley's council just approved a 2% increase in 2013 for themselves. As to the question regarding the distribution of the Sun Focus, Fehst stated they are to deliver to every single family dwelling. Council President Diehm called a point of order against Councilmember Nawrocki, who raised a matter that was discussed in a closed executive session and cannot be properly discussed in open session. Report of the City Attorney—nothing to report at this time. 9. CITIZENS FORUM Mohamed Shamboli, owner of Mr. BBQ located at 4811 Central Avenue, stated he has been doing business for over eight years in City of Columbia Heights. He indicated he lost his liquor license for two days for serving to minors on two different occasions. Since that time,the pipes in the building froze and broke. He tried to clean and fix the damage,but was notified that the property was posted "Uninhabitable" since the water service had to be shut off at the curb box and was not allowed in the 13 City Council Minutes Monday,February 11,2013 Page 10 of 16 building. Ted Wilebski, friend of Shamboli, stated Shamboli has lost over$100,000 worth of equipment since he was unable to get into the property by the deadline set by the landlord. Hoeft stated that the City has had numerous contacts with Mr. Shamboli. The City received a call that there was water coming out of the property and found a pipe had burst. The City secured the building and disconnected the water service. Since the service was disconnected, the Building Official, in accordance with the State Building Code,posted the property uninhabitable. Hoeft was informed there were individuals coming and going from the property and the Building Official had not given anyone permission to enter the premises. The police were called to secure the building. Cartney wanted to clarify, when the Building Official or Police"secure"a property, what is meant by"securing"is, they make sure there are no visible broken windows, doors, locks, or unsecured entry into the building. Hoeft stated that Mr. Shamboli received an unlawful detainer from the owner of the property and was told several times that he would be allowed to gain access to the propetrt with one of the three options being met—per the owner of the property; 1. Owner or owner's representative had to be present, 2. Get a court order from a judge,pursuant of the Unlawful Detainer, or 3. Get a judge to issue a court order to start civil process and make determination who is allowed in. Hoeft stated, those options are still there and we will still act under one of them. Mayor Peterson asked that we do not forget our service men and women that are protecting our country. Say a prayer for them that they come home safely. Do not take yourselves too seriously and do a random act of kindness. Peterson also reminded everyone about the upcoming fund raiser Fish Fry, Friday, February 22, 2013 from 5:30 PM—8:30 PM at Murzyn Hall. 10. ADJOURNMENT Mayor Peterson adjourned meetings at 8:56pm RESOLUTION 2013-14 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY,AND MUNICIPAL EMPLOYEES,LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 5, Local No. 495, representing clerical and technical employees of the City, and members of the City's negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2013 and 2014. WHEREAS, changes to the current contract are attached, and a copy of the 2013-2014 contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated,be and is hereby established as the salary and fringe benefit program for calendar years 2013 and 2014 for AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. 14 City Council Minutes Monday,February 11,2013 Page 11 of 16 RESOLUTION 2013-15 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES,ESTABLISHING SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS,AND CHANGES IN FRINGE BENEFITS WHEREAS,the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS,the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS,the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non-unionized supervisory employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED,that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached, for calendar years 2013 and 2014; and that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 11th day of February, 2013. RESOLUTION 2013-16 ADOPTING CHANGES IN NON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES,ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS,AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS,the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non-unionized essential and confidential employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED,that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized essential and confidential City positions, as 15 City Council Minutes Monday,February 11,2013 Page 12 of 16 indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2013 and 2014; and that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 1 lth day of February, 2013. CITY OF COLUMBIA HEIGHTS RESOLUTION 2013-19 RESOLUTION TO AGREE TO THE SUBORDINATION OF THE CITY MORTGAGE TO WELLS FARGO FOR PROPERTY AT 4648 FILLMORE STREET IN THE AMOUNT OF $49,500.00. RECITALS WHEREAS, the City is the owner and holder of a mortgage currently encumbering the property located at 4648 Fillmore Street, dated June 25, 2008 and recorded July 19, 2010 as Anoka County Registrar of Titles Document No. 502077.010 in the original amount of$4,630.22; and, WHEREAS, Wells Fargo proposed to be the owner and holder of a Mortgage given by Constance Fitzgerald, as Mortgagor, currently encumbering the property, if subordination is approved by the City; and WHEREAS, Wells Fargo has requested that the City subordinate the City Mortgage to the wells Fargo; and, WHEREAS, the City has agreed to subordinate the City Mortgage to the Wells Fargo. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The City hereby covenants and agrees that the City Mortgage shall be considered, and in all respects shall be, subordinate to the Wells Fargo and any extensions or renewals of the Wells Fargo Mortgage; provided, however,that the amount of this subordination shall not exceed the amount of indebtedness outstanding under the Wells Fargo of$49,500.00,with interest thereon as provided in Wells Fargo promissory note, together with all other costs or expenses advanced pursuant to the terms of Wells Fargo Mortgage or promissory note. 2. The City Council authorizes and directs staff to take all actions and execute any documents necessary to carry out the intent of this resolution. Passed this 11 th day of February 2013. RESOLUTION 2013-13 CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS,MN TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM 16 City Council Minutes Monday,February 11,2013 Page 13 of 16 WHEREAS,Minnesota Session Laws 2008, Chapter 356, Section 13 directed the MPCA (Minnesota Pollution Control Agency) and Office of Energy Security in the Department of Commerce, in collaboration with CERTs(C1eanEnergy Resource Teams), to recommend municipal actions and policies that work toward meeting the State'sgreenhouse gas emissions reduction goals; and WHEREAS,the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices; and WHEREAS,uncertainty in energy prices from fossil fuel energy sources present new challenges and opportunities to the City of Columbia Heights; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Columbia Heights does hereby authorize the City of Columbia Heights(the"City") to participate in the Minnesota GreenStep Cities program. BE IT FURTHER RESOLVED, that the City: 1. Appoints Jesse Davies, Public Works Administrative Assistant, to serve as the City's GreenStep coordinator to facilitate best practice implementation; and 2. Will facilitate the involvement of community members, civic, business and educational organizations, and other units of government as appropriate in the planning,promoting, and implementing of GreenStep Cities best practices; and 3. Will identify a short list of best practices for initial implementation by the 31 st of July, 2013; and 4. Will claim credit for having implemented and will work toward implementing at least 16 required and optional GreenStep best practices that will result in energy use reduction, economic savings, and reduction in the community's greenhouse gas footprint. A summary of the city's implementation of best practices will be posted on the Minnesota GreenStep Cities website. Passed this 11th day of February, 2013 RESOLUTION 2013-17 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR CONCRETE STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1302 WHEREAS,the concrete streets within the Innsbruck 3rd Addition plat are beginning to display signs of deterioration, especially at the joints, and WHEREAS,pursuant to Resolution No. 2012-135, a report has been prepared by the City Engineer with reference to the Concrete Street Rehabilitation, and WHEREAS,this area is generally described as Johnson Street/Pierce Terrace on the west, Stinson Boulevard on the east, Corporate Limit on the north and the Plat Boundary for Innsbruck 17 City Council Minutes Monday,February 11,2013 Page 14 of 16 3rd Addition on the south, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost-effective, and Said report is hereby received by the City Council of Columbia Heights on February 11, 2013. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$642,318.00. 2. A public hearing shall be held on such proposed improvement on the 4th day of March, 2013, in the City Council Chamber at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Passed this 11th day of February, 2013. RESOLUTION NO.2013-18 RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR TIER 2 FUNDING WHEREAS, a proposal(Case No. 2013-0102)has been submitted by Tier 2 Funding requesting a Preliminary and Final Plat for a parcel of land at the following location: ADDRESS: 47th and Central Avenue EXISTING LEGAL DESCRIPTION: Lots 1-3, Block 4, Lots 1-4 Block 5, Lots 1-4 Block 6, and a portion of Outlot B of Grand Central Lofts 2nd Addition PROPOSED LEGAL DESCRIPTION: Lots 1-9, Block 1 Cottages at Grandview and Outlot A and B, Cottages at Grandview THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY AND FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on February 5, 2013. 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: 18 City Council Minutes Monday,February 11,2013 Page 15 of 16 1. The proposed preliminary plat conforms to the requirements of§9.115. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles FURTHER,BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. Each lot will require erosion control measures—they need to be installed and inspected by the City prior to any site activities beginning(as lots are built). 2. Catch basin inlet protection shall be provided on the downstream catch basins. 3. All work within public easement shall be inspected by the City Engineering Department. 24-hour advance notice of an inspection is required. 4. At the street cuts—the street restoration shall be in accordance with Engineering standard plates. The pavement wear course was placed in 2012, which requires curb to curb pavement restoration. 5. Curbing installation shall meet City standard plate requirements. 6. New sewer and water service installations and service disconnects shall be inspected by 185 Public Works. Passed this 11th day of February 2013. ORDINANCE NO. 1611 BEING AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT B GRAND CENTRAL LOFTS SECOND ADDITION The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of Outlot B Grand Central Lofts Second Addition over, across, and under the following described property, to wit: That part of the drainage and utility easements dedicated in the plat of Grand Central Lofts Second Addition, Anoka County, Minnesota, lying within that part of Oulot B, said Grand Central Lofts Second Addition lying north of a line parallel with and distant 5.10 feet north of the most southerly line of said Outlot B, lying sough of a line parallel and distant 70.64 feet west of the most easterly line of said Outlot B and lying east of a line parallel with an distant 160.64 feet west of said most easterly line and that part of said Oulot B, lying north of a line parallel with and distant 320.10 feet north of most southerly line of said Outlot B, lying sough of a line parallel with and distant 70.46 feet west of the most easterly line of said Outlot B and lying east of the west line of Lot 1, Block 4, said Grand Central Lofts Second Addition and the northerly and southerly extensions 19 City Council Minutes Monday,February 11,2013 Page 16 of 16 of said west line. Section 2: The vacation of Outlot B described above shall be subject to the following condition: [None at this point] Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: February 11, 2013 20 City of Columbia Heights Park and Recreation Commission October 24,2012 Tom Greenhalgh called the meeting to order at 5:30 p.m. ROLL CALL Members present: Eileen Evans;Tom Greenhalgh; Stan Hoium;Kevin McDonald; David Payne;Marsha Stroik Staff Present: Kevin Hansen, Public Works Director; Gary Peterson,Mayor;Keith Windschitl,Recreation Director; Deanna Saefke, Secretary APPROVAL CONSENT AGENDA Hoium asked about the expense for the install of flag light fee. Hansen replied that it was for the Ramsdell Park flag. Evans asked where trees were removed. Hansen replied LaBelle and Sullivan ponds had extensive tree removal and any other diseased trees within the parks. Evans asked about the park bench expense and where it was installed. Hansen replied that we were reimbursed for the bench. Windschitl replied that the park bench is located right outside of Murzyn Hall near the flower arch. The family of Sue Murzyn purchased the bench for her in honor of being Humanitarian of the Year. He indicated that she is the main beautification committee volunteer who takes care of the flowers outside of Murzyn Hall as well. Evans asked about the Wargo Court fountain. Hansen replied that this was the second time that the parts of the fountain have been stolen. It is over a$3000 replacement and insurance covers it after the$1000 deductible. Motion by Hoium, second by Greenhalgh, to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS A. Introduction of Delynn Mulligan, Senior Citizen Coordinator. Windschitl introduced Delynn Mulligan the new Senior Citizen Coordinator who has been on staff for about a month. He stated that she overlapped with the previous coordinator for two weeks of training. Mulligan was introduced at the City Council meeting last month. She has a Bachelor of Science in Recreation from the University of Minnesota,has worked for the Three Rivers Park District,Colonial Acres in Golden Valley and Main Street Village in Richfield. Windschitl stated she is doing a good job so far. The Commission welcomed her and thanked her for coming to the meeting. B. Request for the rental fee to be waived of John P. Murzyn Hall for a fundraiser on Friday, October 26,2012. Windschitl reported the benefit on October 26,2012 is for Donny Laufenberg. He has been very active in the community over many years. Laufenberg is a longtime CH Lions Club member who has been instrumental in the Jamboree carnival and supporter of the recreation programs. He has experienced many medical problems over the past few years resulting in the amputation of his leg. The fundraiser will help to offset some of his medical bills. It will be$10 at the door with a spaghetti dinner,music, and silent auction items. The family of Laufenberg is conducting the fundraiser. Staff recommends waiving the fees completely for the rental of this event due to Laufenberg's involvement in functions for the Recreation Department and for the City. 21 Park&Recreation Commission October 24,2012 Page 2 Motion by Payne,second by Stroik,to waive the fees for the Laufenberg fundraiser on Friday, October 26,2012. Upon vote: All ayes. Motion carried. C. Request for the rental fee to be waived for the Mayor's Taste of Columbia Heights Holiday Kickoff annual event on Friday,November 16,2012. Peterson indicated this annual function will have local restaurants that the Women of Today are lining up. Half of the money raised goes back to the vendors and the other half will benefit the youth recreation programs. A local resident will be performing with his band the Erverators,Joe Macko will also be playing the according. The Columbia Heights Activities Fund is sponsoring the event. Stroik asked what restaurants would be present. Peterson indicated that Friday nights are hard for the places to give up staff. Some of the vendors so far to give a commitment are Tasty Pizza,Yaffa Grill,Miller's Bar,The Royal Orchid,possibly Puerta Del Sol and some others. Saefke indicated that the CH Lion's Club will be having a cash bar,the Top Valu Liquor stores will be having free wine and beer tasting,raffle items and dessert from Kevin Lindee. The event is free at the door with $2.00 food tickets. Motion by Hoium, second by McDonald,to waive fees for the Mayor's Taste of Columbia Heights Holiday Kickoff event on November 16,2012.Upon vote: All ayes. Motion carried. Peterson indicated the Sister Cities Fundraiser event at Murzyn Hall this past Sunday was a really great event. The entertainment was fabulous and had a really good turnout of people. OLD BUSINESS A. LaBelle Park Playground Equipment—Grant Award Hansen was happy to report that grant money was received for the playground equipment at McKenna Park from the same equipment manufacturer that we have had in the past. The playground equipment has been installed and curbing will be put in next week. This was a first come first served grant and Hansen had to move quickly to get the City Council approval for the grant process. As part of the application the equipment company does require a lot of demographic information and already had that information from our previous applications. Hansen indicated this is a great opportunity for the City to upgrade our park system with half of the costs being funded through this grant. Peterson asked if the Police Department had been contacted to conduct more patrols for graffiti at the parks. Hansen replied the Police Department just received digital cameras. The original plan was to place these cameras at the wading pools to hopefully catch or deter some of the vandalism happening at the pools. Stroik asked what was happening at the pools. Hansen replied the pools with roofs had pieces torn off of the roof,also the throwing a variety of things in the pools which resulted in more closures this year than any in the past. When this happens the pool needs to be closed,drained,cleaned,sanitized,tested and reopened. Hansen reported there is enough money in the park development fund to pay for the City's share of the playground equipment for LaBelle Park. The goal is to start construction in the spring to be able to use the playground in the summer. This park will have specific equipment geared towards the 2 to 5 and the 5 to 12 years of age. NEW BUSINESS A. Resignation of Commission Member Justin Grussing Windschitl reported Grussing had communicated through a previous email that he was resigning from the Commission due to time constraints and would send a formal letter. Currently there is 22 Park&Recreation Commission October 24,2012 Page 3 no one on any lists at City Hall to volunteer for any Commission. Windschitl invited members to ask people that they know if they would like to be involved. B. Review of Wading Pool Report Evans asked if there is money to do anything with the results of this report. Hansen replied no. He indicated that if we do not come into compliance with the ADA rules we cannot open the pools and will be forced into closure. Hoium asked who would inspect the pools. Hansen replied that a letter needs to be sent to the State of Minnesota indicating our compliance. On behalf of the State an Anoka County inspector will visit each pool for compliance. Each year we are required to have the pools inspected prior to opening to the public. Stroik asked if we were grandfathered in. Hansen replied there is no grandfather rule for this ADA requirement. Hansen reported this rule carne in 2010. It is abroad,wide ranging ADA requirement that affects not only public pools but other accessibility issues like the sidewalk ramps that have been done this year. Hansen included the League of MN Cities summary of what the requirements mean for our City. There needs to be accessibility for our pools by January 2013. The time frame has been setback three times and Hansen does not believe that will be pushed back again. Peterson asked if all three of our pools need to be completed. Hansen replied yes because they are separate locations. Stroik asked if the work needed to be completed by March 2013. Hansen replied that the work needs to be completed by January 2013 but because our pools are not inspected until May 2013 we do have more time. Hansen indicated four options to make the City wading pools compliant: a lift, a compliant transfer step or platforin, a sloped entry,or a ramp. The first two options the State does not allow for wading pools. USA Aquatics have supplied estimated costs for a sloped or zero entry and for a ramp. Evans asked if one pool can be done and the other two pools closed. Hansen replied that is an option. Hansen reported the pools were built in approximately 1965 and in our estimation are past their useful life. They are highly used during the season which is Memorial Day through Labor Day. The City of Minneapolis has been retrofitting pools. Hansen indicated an estimate replacement cost for one pool is $350,000(from USA Aquatics). Evans asked about a splash pad. Hansen replied that many Cities are doing those types of water features which is less costly for insurance purposes but may cost more for operational costs such as filtering and pumping the water. Stroik suggested eliminating the wading pool and putting money into a splash pad feature. Hansen encouraged discussion on the options. Windschitl indicated that the summer Recreation programs use the pools extensively. Not only would it be detrimental to our programs to lose the pools,but to the daycares and community as well. Windschitl asked if a ramp could be installed with other concrete companies. Hansen replied that there are many other things that need to be done along with the ramp but design wise he does believe that the project can be done less expensively. Hansen does not recommend a ramp (which requires a hand rail)from a maintenance or operation perspective. Staff recommends a zero entry. Hansen indicated one approach may be to propose to the State a timeframe of when the improvements will be made. This would help to recognize the fiscal ability to pay for the project. The hope would be to keep the pools open and running while the improvements are made over the next few years. Hansen indicated that each pool also needs to be sandblasted and recoated. McDonald asked if it would be cheaper to demolish the pool and install some type of splash pad water feature. Hansen replied no, an estimated cost could be around$350,000 and higher. Hansen discussed the process of installing a zero entry to remove the tripping hazard per the requirements. Evans asked if it makes sense to put more money in if the equipment is outdated. 23 Park&Recreation Commission October 24,2012 Page 4 Hansen replied the considerations are to sandblast and recoat the pools;the sandblasting would be contracted out to a company but the recoating would be done by City Staff. The pools have failing concrete around the skimmers,skimmers are cracked, skimmer covers do not stay on, protrusion hazards,the piping needs to be plastic,the west end of the Ramsdell pool keeps sinking,inlets need to be adjustable,perimeter fencing,and existing plumbing is not up to code. Peterson asked if Hansen included this in the 2013 budget.Hansen indicated funds were budgeted in 2013,but prior to the USA Aquatics report coming out. Peterson indicated the City is selling the high rise and there may be some funds available from that sale. Peterson suggested holding a public hearing with the neighbors near the wading pools to find out what they would like to do and relay the costs for any required work. Hansen posed the question: does it make sense to retrofit these pools and spend about$50,000 each that are nearing 50 years old. Should the pools be repaired and how long do we want to keep the existing pools. Discussion was held on keeping the pools,keeping only one or two pools,or having one central location for a pool or water feature and what neighborhood would be the best area. Stroik asked what the timeline is for a decision. Hansen replied the State needs to know by January 2013,if a decision is not made right now the pools will not be open in 2013,period. Evans suggested for the Commission to go to the public with a specific plan otherwise every neighborhood will want to keep their pool. Hoiu n indicated the wading pools are a very important asset to the City. He suggested a five year plan or as much leeway that the State will allow to snake the requirements. Hoium stated that the citizens should snake the final decision. Hansen indicated if we want to open the wading pools this year at least one pool needs to have the compliance requirements met. Windschitl suggested a three year plan beginning with Huset Park,McKenna Park and then Ramsdell Park if the conditions are worth repairing. Hansen stated that the improvements on LaBelle Park with the removal of the boardwalk area need to be considered in the funding for 2013. He indicated that the sandblasting and recoating of all three pools needs to be completed prior to opening them in 2013. Hansen indicated that with the conditions of the pools with any improvements it may extend the life of the pools another ten to fifteen years but that would be the end. An estimate to install a zero entry at each pool is a range from $35,000 to $50,000. Motion by McDonald,second by Hoium,to develop a financing 5-year plan to the State of Minnesota to keep the three wading pools open and finish the pool compliance requirements in the increments of one,three and five years. Upon vote: All ayes. Motion carried. REPORTS A. Recreation Director Windschitl reported multiple communications with resident Laura Hutchinson regarding the smoking at the trails near Medtronic at Sullivan Lake Park and about the bike riders on the trail system. Peterson suggested sending Hutchinson an email response to her concerns. Stroik asked if she has spoken to Medtronic. Windschitl replied that she has. Hansen asked if we have ever received complaints about pedestrian bicycle interference. Hansen indicated this is the first that he is aware of and is typically user beware for both bicycles and pedestrian users of a trail. Windschitl and Hansen will write a letter of response to Hutchinson. Windschitl informed the Commission a resident near McKenna Park has raised a concern with the volleyball group. He has also had residents contact him in favor of having the volleyball group use the park each week and ask for the park lights to stay on later for their use. Windschitl stated that the main issue with that large of a group is the lack of parking. Of all the City parks 24 Park&Recreation Commission October 24,2012 Page 5 McKenna has been the best fit for this group over the years. Windschitl indicated the group fills out a park permit each year and from a resident of Columbia Heights. Being that this is a public park the group could just use the park without a permit but they do fill one out. B. Public Works Director/City Engineer Hansen reported the MWMO is holding a grand opening this Saturday. He gave a handout to the Commission. This MWMO is new and also a possible funding source for the City regarding water quality. They are located near the Lowry Avenue Bridge. C. Commission Members None at this time. Evans adjourned the meeting at 6:42 p.m. Deanna Saefke,Recreation Clerk Typist II 25 COLUMBIA HEIGHTS- CITY COUNCIL LETTER Meetin of February 25, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: Board/Commission BY: Walt Fehst BY: Appointments DATE: DATE: NO: The following Board and Commission terms expire in April.Requests for reappointment or those no longer interested in serving are: Board or Commission Name Request Reappointment Library Board Nancy Hoium -3 year term YES Patricia Sowada -3 year term YES Traffic Commission Kevin Doty -4 year term YES Park and Recreation Commission Stan Hoium - 5 year term YES Planning and Zoning Commission Keith Roberts -4 year term YES Recommended Motion: Move to reappoint Hoium and Sowada to three year terms on the Library Board; Doty to a four year tern on the Traffic Commission; Hoium to a five year term on the Park and Recreation Commission; and Keith Roberts to a four year term on the Planning and Zoning Commission. COUNCIL ACTION: 26 CITY COUNCIL LETTER Meeting of February 25,2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Raffle,Little Voyageurs' BY: Scott Nadeau;,? BY: Montessori School, DATE: February 21,2013 DATE: St. Timothy's Lutheran Church NO. BACKGROUND The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 51St Avenue NE,has submitted a request to conduct a raffle on April 26, 2013 in that same location. A background check has been conducted on the Chief Executive Officer, Gina Cisneros. ANALY SISICONCLUSION Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the$25 permit fee,the Police Department has no objection to the request. RECOMMENDED MOTION MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51St Avenue, Columbia Heights, on April 26, 2013; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. COUNCIL ACTION: 27 MINNESOTA LAWFUL GAMBLING 1/13 Page 1 of 2 LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: Application fee (non refundable) -conducts lawful gambling on five or fewer days,and -awards less than$50,000 in prizes during a calendar year. If application is postmarked or received 30 days or if total prize value for the year will be$1,500 or less,contact the licensing more before the event$50; otherwise$100. specialist assigned to your county. ORGANIZATION INFORMATION Organization name I , 6 C Previous gambling permit number ,6)r') 7-es ,,!-1 7d)o Minnesota tax ID number, if any Federal employer ID number(FEIN), if any ,SY'y5�'IZZ �1/-/�1 135 Type of nonprofit organization. Check one. Fraternal Religious Veterans _Other nonprofit organization Mailing address City State Zip code County 8�,2 6_ -5/' Name of chief executive officer [CEO] Daytime phone number E-mail address , WNt a%06,C'c1'/') NONPROFIT STATUS Attach a copy of ONE of the following for proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103 Phone: 651-296-2803 _ IRS income tax exemption (501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS-Affiliate of national,statewide,or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling,and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. I>4/ VE` rt 'LI-Y S' n'�C�}'f>" S( i'l 'SC,h6c+ Address [do not use PO box] City or township Zip code County v',)5 /ter A,,erlae, MtF Celuiry)hi dki<hA 55-421 lh-wk&L Date[s] of activity, For raffles, indicate the date of the drawing. Check each type of gambling activity that your organization will conduct. Bingo* __X_Raffle Paddlewheels* Pull-tabs* Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on Distributors under the WHO'S WHO?LIST OF LICENSEES, or call 651-639-4000. 28 LG220 Application for Exempt Permit 1/13 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting 1—The application is acknowledged with a 30 day waiting period,and allows the Board to issue a permit after 30 days period,and allows the Board to issue a permit after 30 [60 days for a 1st class city]. days. The application is denied. _The application is denied. Print city name Print county name Signature of city personnel Signature of county personnel Title Date Title Date TOWNSHIP.If required by the county. On behalf of the township,I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.166.] Print township name _ Signature of township officer Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this applicatiprils complete and accurate to the best of my knowledge.I acknowledge that the financial report will be completed and returne t e-Board y i hin 30 days of the event date. Chief executive officer's signatui ,'J 10_3 Date > o Print name t 17Cr, e,.517 ego s REQUIREMENTS Complete a separate application for, Financial report and recordkeeping required • all gambling conducted on two or more consecutive days,or A financial report form and instructions will be sent with your • all gambling conducted on one day. permit,or use the online fill-in form available at Only one application is required if one or more raffle drawings www.gcb.state.mn.us. are conducted on the same day Within 30 days of the event date, complete and return Send application with; the financial report form to the Gambling Control Board. a copy of your proof of nonprofit status, and Questions? _application fee (non refundable). Make check payable to Call the Licensing Section of the Gambling Control Board "State of Minnesota." at 651-639-4000. To' Gambling Control Board This form will be made available in alternative format(i.e.large print,Braille) 1711 West County Road B,Suite 300 South upon request. Roseville, MN 55113 Data privacy notice: The information requested on this All other information provided will be pri- General;Commissioners of Administration, form(and any attachments)will be used by the Gambling vate data about your organization until the Minnesota Management&Budget,and Control Board(Board)to determine your organization's Board issues the permit. When the Board Revenue;Legislative Auditor,national and qualifications to be involved In lawful gambling activities in issues the permit,all information provided international gambling regulatory agencies; Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order;other indi- supply the information;however,if your organization issue a permit,all information provided viduals and agencies specifically authorized refuses to supply this information,the Board may not be remains private,with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which will the information; individuals and agencies as a consequence,may refuse to issue a permit, If your remain public. Private data about your for which law or legal order authorizes a organization supplies the information requested,the Board organization are available to: Board mem- new use or sharing of information after this will be able to process the application. Your organization's bers,Board staff whose work requires notice was given;and anyone with your name and address will be public information when received access to the information;Minnesota's written consent. by the Board. Department of Public Safety;Attorney 29 CITY COUNCIL LETTER Meeting of: February 25,2013 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: February 25, 2013 BY: �� BACKGROUND/ANALYSIS Attached is the business license agenda for the February 25, 2013 Council meeting. This agenda consists of applications for Contractor licenses for 2013. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 25,2013 as presented. COUNCIL ACTION: TO CITY COUNCIL February 25, 2013 30 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2013 BLDG *MAI Construction 1018 Grant Cir S, Anoka $60 *River City Sheet Metal 8290 Main St NE, Fridley $60 *Servey Plumbing 10609 116th St W, Lakeville $60 Liberty Plumbing Co 925 227th Ave, Bethel $60 *Anderson's Htg 1628 Co Hwy 10, Spring Lk Pk $60 *Bartylla PI &Htg 8675 126th St N,Hugo $60 31 AGENDA SECTION: Consent Agenda ORIGINATING CITY DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Approve Restated Bylaws of Fire BY: Gary Gorman BY: % - Fighters Relief Association DATE: February 11,2013 DATE: NO: Annually, through State Legislation, laws are enacted or updated that regulate the Fire Department Relief Association. Due to these legislative changes the local Relief Association needs to update their By laws and Appendices to meet the current regulations. The draft Bylaws, Appendix A, and Appendix D were reviewed by the Board of Trustees and passed on to the membership for approval. The first reading was held at a Special Meeting of the Membership on January 28, 2013. The second reading was held at the Annual Meeting of the Membership on February 4, 2013. The Board of Trustees gave approval at a Regular Meeting of the Board of Trustees on February 4, 2013. The Restated Bylaws and Appendices will be effective March 1, 2013. RECOMMENDED MOTION: Move to accept the Restated Bylaws, Appendix A, and Appendix D of the Columbia Heights Volunteer Firefighters Relief Association and place on file at the City of Columbia Heights. COUNCIL ACTION: 32 i RESTATED BYLAWS OF COLUMBIA HEIGHTS VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION The Bylaws of the Relief Association are hereby amended in their entirety and restated Deleted: effective as of March 1,2013. Deleted: - ARTICLE I NAMES As provided in the Articles of Incorporation,the name of this organization shall be the Columbia Heights Volunteer Firefighters Relief Association(the"Association"). ARTICLE II DEFINITIONS General Definitions Whenever appropriate,words used herein in the singular shall include the plural,the plural may be read as the singular,and the masculine shall include the feminine. The following words and phrases when used herein shall have the following meanings except as otherwise required by the context in which they are used: "Active Member"is a member of the Association who is eligible for benefits and is currently (Deleted:.I Becky 2/16/13 1 44 PM meeting the minimum firefighter and service standards with the Fire Department or the Fire Chief.As of July 1,2006,Active Members must be Volunteer Firefighters as defined in Section A Deleted:- 2.1 of the Plan attached hereto. ' Deleted:is no longer meeting the minimum firefighter and sen ice standards with "Board of Trustees"or"Board"shall mean the Board of Trustees of the Relief Association,and %� 'Beck shall perform the functions and assume the same duties as a Board of Directors under Minnesota Deleted:yet Statutes,Chapter 317A. / Deleted:full Deferred Member"is a member of the Association who}ias retired or been terminated from the Fire Department but has notpken a distribution of benefits. Deleted:seemed "Fire Department"is the Fire Department serving the Municipality. Deleted:Minn.stat. "General Fund"shall mean the fund established pursuant to Minnesota Statutes,Section 424A.06_, Deleted: and that holds the funds received from dues,fines,initiation fees,entertainment revenues and any money or property donated,given,granted or devised by any person,for unspecified uses. / Deleted:2006_MNFPC_ Deleted:V1.8.1 ,? 12 Bylaws` 1 / 33 i "Material Financial Interest"is a financial interest or expectation of any kind on the part of a Board member or Relative,which is substantial enough to reasonably affect the judgment of the Trustee who has a conflict of interest.The tern"financial interest"includes any and all monetary expectations and exists when a Board member or Relative has rights(whether or not a Deferred Member or beneficiary)to be paid compensation,retiree benefits,or to have their expenses reimbursed or obligations or other liabilities repaid,etc.(See Article IX Fiduciary Responsibility.) "Municipality"is the City of Columbia Heights. "Municipal Trustees,"formerly known as`ex-officios,'are members of the Board of Trustees designated solely by the Municipality and shall include the two appointed or elected officials and the fire chief,as further defined in Section 5.1 herein. Deleted:"Municipality Trustees;'formally known as`ex-officios,'are part of the Board of Trustees and shall include the two appointed or elected municipal "Relative"is a member of one's family and includes spouses,parents,children,siblings,in-laws, officials and the fire chief,as further defined in Section 5.1 herein. aunts,uncles,first cousins,step-parents,step-children,and may include other family members such as common-law partners or long-time companions,of a Trustee who has a conflict of interest.(See Article IX Fiduciary Responsibility.) "Special Fund"shall mean the fund as defined in Section 2.1 of the Plan attached hereto. "Supermajority"is required when there is a conflict of interest on an item to be voted on by the Board of Trustees because one or more Trustees have a Material Financial Interest.A Supermajority is the majority of those Trustees after subtracting the Trustee(s)who has a conflict of interest(e.g.,Nine(9)Trustees less two(2)with a conflict=Seven(7).Supermajorhy would require four(4)Trustees to vote in favor to pass the motion).(See Article IX Fiduciary Responsibility.) ARTICLE III 1 PURPOSE Formatted:Centered As provided in the Articles of Incorporation,the purpose of the Association is to provide retirement relief and other benefits to members and their dependents. For purposes of Chapter 424A of Minnesota Statutes,the Association is a governmental entity that receives and manages Deleted: . .. public funds to provide retirement and ancillary benefits for individuals providing the governmental services of firefighting and,if applicable,emergency response. The Association may also raise funds from private sources to furnish fire and emergency equipment for the Fire Department,and for other purposes deemed necessary and appropriate by the Association to the Deleted:first extent permitted by law. Benefits paid to members and their dependents shall be funded exclusively through governmental sources and,to the extent provided by State law,through restricted donations. Deleted:2006 MNFPC i % Deleted:V1.8.1 ,g 12BylawkV7A 2 � 34 i ARTICLE IV MEMBERSHIP 4.1 Admission. All firefighters of the Fire Department are members of the Association and shall be eligible for benefits,except as otherwise stated in these bylaws. An application for membership shall be completed on the Membership Application and Beneficiary Deleted: .4.1.Admission.An application for membership shall be completed on the Membership Designation form to become eligible for benefits in the Association. Upon approval of the Application and Beneficiary Designation form to member's application,such member shall accrue service credit for all active service while in become eligible for benefits in the Association. All firefighters of the Fire Department are members of probationary Status. the Association and shall be eligible for benefits, except as otherwise stated in these bylaws. Upon approval of the member's application,such member 4.2 Membership Duties. The Association does not require membership duties. shall accrue service credit for all active service while in probationary status.. 4.3 Membership Dues. The Association does not require membership dues. 4.4 Member Voting Rights. Each Active Member shall be entitled to one(1)vote on any matter voted upon by the membership. Deferred Members are not entitled to vote.Voting by proxy/absentee ballot is,permittedfollowing the procedures set forth in Section 4.5. Deleted: . 4.5 Proxy/Absentee Ballot. Member Voting:If permitted by the Board prior to a Deleted:not meeting voting members may cast votes by submitting an absentee ballot provided by the Board ` ' that is signed by the member and deposited in the ballot box set out by the Board.Submission of Deleted:.. an absentee ballot shall constitute a proxy to the officer of the Association designated and 2 Deleted: .4.5.Separation.Any member who authorized on the ballot who is bound to cast the member's vote in accord with the member's becomes a Deferred Member with the Association ballot choices.The member may withdraw his/her proxy/absentee ballot by attending a meeting prior to requesting retirement benefits shall complete and voting in person. Use of proxies/absentee ballots may only be used on items listed on the and submit a Membership Separation Form. ballot and may not be used when trustees and/or officers are elected from the floor during the meeting. Counting Ballots:If ballots were used because there were more than two candidates for any Trustee position up for election as indicated under Section 7.2,an officer of the Association who is not standing for election shall count the ballots as follows:All first choices are counted,and if no candidate wins a majority of first choices,then the last place candidate is eliminated.Ballots of voters who ranked the eliminated candidate first are redistributed to their next choice candidates as indicated on each voter's ballot. Last place candidates are successively eliminated and ballots are redistributed to next choices until one candidate remains or a candidate gains a majority of votes. In case of a tie resulting from the above procedure,the candidates receiving the two highest number of votes shall be placed into new balloting to be effected at the meeting. The previously submitted proxy/absentee ballots shall be recounted using the above procedures for the two candidates who have tied.Simultaneously,members present at the meeting will recast their vote for the two candidates who have tied.Additional balloting including the proxy/absentee ballots for said office shall continue until one candidate shall receive a majority of votes cast on a reballot and he shall be elected to said office. Deleted:2006 MNFPC / Deleted:V1.8.1 ?MBylawsVTO 3 / 35 i 4.6 Separation. For records retention and administration of the Association,the Board may request that a Deferred Member complete and submit a Membership Separation Form. 4.7 Member Recognition. The Association may continue to honor members whose status has changed between volunteer/paid on-call and full-or part-time employee of the same Fire Department. The members shall adopt written policies and procedures,including any eligibility or types of recognition. 4.8 Termination. Any member who is terminated by the Fire Department or Deleted: Municipality shall cease accruing benefits under the Association as of the date of termination. Deleted:section 317A of the Deleted:(a). ARTICLE V BOARD OF TRUSTEES 7'+nt:Hanging: 0.51", el:1+Numbering Style: at:1+Alignment:Left+ 5.1 Composition.The Board of Trustees shall consist of nine(9)members. Six "+Indent at: 1.01" (6)trustees shall be elected from the membership of the relief association. There shall be three (3)officials drawn from the Municipality. The three(3)Municipal Trustees must be one(1) Deleted:(b)- elected municipal official and one(1)elected or appointed municipal official,who are designated I gm, as municipal representatives by the municipal governing board annually,and the chief of the Formatted:Indent:Hanging: 0.51", municipal fire department.The Municipal Trustees must be designated annually by the city Numbered+Level:1+Numbering Style: council of the Municipality. a,b,c,...+Start at:1+Alignment:Left+ P Aligned at: 0.76"+Indent at: 1.01" i 5.2 Duties.The Board of Trustees shall perform the functions and assume the same Deleted: when by them deemed advisable, BC duties as a Board of Directors underMinnesota Statutes,Chapter 317A. In addition,the Board of Trustees shall: / Deleted:generally (a) JIave exclusive control and management of all funds received by the Treasurer Deleted:(c). MAIESECUrl pursuant to the statutes of the State of Minnesota and all moneys or property j; 'r = donated,given,granted or devised for the benefit of the Association. Formatted:Indent:Hanging: 0.51", Numbered+Level:1+Numbering Style: a,b,c,...+Start at:1+Alignment:Left+ (b) ,Examiner,the books,papers,funds,securities and property in the custody of the Ali ned at: 0.76"+Indent at: 1.01" Treasurer,and e� neral accounts,funds and securities,and property of the Association. Deleted:(d).Prepare,supervise or direct i�Becky 2/16/13 1,44 PM (c) Examine and approve the validity of all claims prior to payment by the Treasurer. ;' Formatted:Indent:Hanging: rin ", Numbered+Level:1+Numbering Style: a,b,c,...+Start at:1+Alignment:Left+ (d) ,Provide the forms on which members may submit claims to the Board of Trustees 'Aligned at: 0.76"+Indent at: 1.01" for their approval. Becky 2116/13 1 A4 PM Deleted:preparation of forms to be supplied by the association (e) jOn an annual basis or more frequently as may be required to determine eligibility for _] OAICII , benefits,confirm minimum firefighter and service standards pursuant to the Deleted:(c). Volunteer Firefighter definition in Section 2.1 of the Plan attached hereto. / Deleted:2006_MNFPC Deleted:_V1.8.1 2012 Bylawiv7.0 4 i 36 i (f) Assume such additional duties as may be described in Article IX herein and in Association policies and procedures or required by state law including the establishment of any committee deemed necessary or appropriate. Deleted:(f)_ Formatted:Indent:Hanging: 0.51", Numbered+Level:1+Numbering Style: ARTICLE VI a,b,c,...+Start at:1+Alignment:Left+ OFFICERS Aligned at: 0.76"+Indent at: 1.01" 6.1 Number.The number of officers of the Association and their duties shall be as set forth below. 6.2 President.It shall be the duty of the President of the Association to: (a) Have general active management of the business of the corporation; (b) When present,preside at meetings of the Board and of the members; (c) See that orders and resolutions of the Board are carried into effect; (d) Sign and deliver in the name of the corporatiorl,bonds,contracts,or other instruments pertaining to the business of the corporation,except in cases in which the authority to sign and deliver is required by law to be exercised by another Deleted: deeds,mortgages, person or is expressly delegated by the articles or bylaws or by the Board to another officer or agent of the corporation; (e) Maintain records of and,when necessary,certify proceedings of the Board and the members;and (f) Perform other duties prescribed by the Board, 6.3 Pro Tern Officers.In the absence of the President and Vice President,if Deleted: applicable,the Board of Trustees shall appoint an interim President from the existing Officers and/or Trustees other than the Municipal Trustees,who shall perform the duties applicable to the office. 6,4 Vice President. It shall be the duty of the Vice President to perform the duties of the President in the President's absence. Deleted:3, Becky 2/16/13 1,44 PM 6,5 Secretary.It shall be the duty of the Secretary of the Association to: Deleted:in the absence of both the President and the Vice President,the Board of Trustees shall (a) Keep a record showing the correct addresses of all members and request the names appoint an interim President and Vice President who shall perform the duties incident to the office. of their beneficiaries. 02 ' 11!i Deleted:4 (b) Keep or cause to be kept an accurate record of all meetings of the Association and of all meetings of the Board of Trustees. (c) Conduct and direct the investigation of all claims. Deleted:2006_MNFPC- TDeleted V l.8.1 ,M12 By-laws,V 7.0 5 , 37 i (d) Keep a record of all monies received and paid out by the Treasurer. Formatted:Indent:Lett: o",First line: o" (e) Provide access to the Association's Articles,Bylaws,minutes,and financial Deleted: statement on the last annual accounting period to all members or all Board of Trustees(including the Municipal Trustees),for any proper purposes they may have, Deleted:5• in accord with Minnesota Statutes,Section 317A.461. Deleted:association, 6.6 Treasurer. It shall be the duty of the Treasurer of the Association to: :- Deleted: (a) Receive and receipt all monies due the Association from members and other sources and to keep accurate accounts and records of all the money so received. t Formatted:Indent:First line: 0.5" (b) Have custody of all monies and securities belonging to the Association. Deleted:6 (c) Furnish a surety bond in favor of the ssociation for the faithful performance of all Formatted:Hidden duties involving the Association and for the safekeeping of,or accounting for,all :- monies and securities that may come into its possession.The bond shall be in an Deleted:(a>. amount equal to at least 10%of the assets up to a maximum of$500,000. Formatted (d) Pay all properly approved claims for benefits,and to pay all bills incurred in the way Deleted:(b). of necessary expenses in the conduct of the business of the Association and to keep accurate accounts and records of all the money so amid. Deleted:to>. , j General Duties, 'I/u ,' Deleted:Firefighters Becky 2/16/13 1 44 PM (a) Jt shall be the duty of any two(2)officers of the Association to countersign Formatted all checks issued by the Association. Deleted: . (b) The officers shall annually prepare an annual financial report of the Association's receipts,disbursements,and balances in the Special and Deleted:7 General Funds for the preceding calendar year on a form prescribed by the Office of the State Auditor. They shall transmit the report to the city clerk or 1,Deleted:President,Secretary and Treasurer clerk-treasurer of the Municipality for inspection,signature and transmission 0_ ' to the State Auditor pursuant to law. Deleted:the Annual Association (c) Pursuant to the Volunteer firefighter Relief Association FinanncinQ Guidelines Deleted: Act of 1971,the officers of the Association shall,annually,determine the ky ' financial requirements of the Special Fund for the following year. The financial Deleted:amount shall be recommended by requirements of the relief association and the minimum municipal obligation Deleted:Board in must be included in the financial report or financial statement. Becky 2/16/13 1 44 PM Deleted:membership and fm,$ Compensation. As compensation for services to the Association by the fo fcers,the I " membership may at}ts annual meeting authorize payment of an aggregate salary expense ;/ 1,Deleted:membership at their annual Assoc payable from the Special Fund to one(1)or more of these officers.There tg rustees may also receive a salary from the Special Fund,if the amount is approved by the municipality. Deleted:2006-MNFPC_Becky 2/16/13 1 A4 PM / Deleted: V 1.8.1 �p12 Bylawr,V7.0 6 , 38 i ARTICLE VII ELECTIONS 7.1 Trustee Terms. The Trustees shall be elected to staggered three-year terms. There will be two(2)Trustees elected by the membership each year at the annual meeting of the Association,and begin their individual terms on May I following the meeting. Each appointed Municipal Trustee term is one(1)year or until the person's successor is qualified, Deleted:.The term of each whichever is later. The term of a Municipal Trustee shall terminate upon termination of the Trustee's position with the Municipality. Formatted:Condensed by 0.15 pt An individual Trustee may serve an unlimited number of terms, ' Formatted Table 7.2 Voting on Trustees.Eachpf the positions on the Board of Trustees who are not the Municipal Trustees shall be voted on separately by the Active Members in attendance at the annual ', Deleted: meeting. No nominations of slates of candidates or cumulative voting shall be allowed. All votes unless specified prior to the vote,shall be conducted by a voice vote.A simple majority of those Deleted:position present at the meeting is needed to elect. If a simple majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot.A trustee who was elected by the membership may be removed with or without cause by a simple majority vote of the Active Members in any subsequent annual,regular or special meeting. Deleted:Notwithstanding Article 4.4 to the contrary,voting by proxy will not be allowed.A tnistee If allowed by the Board of Trustees under Section 4.5,a proxy/absentee ballot may be used to perform"runoff voting"if there are more than two candidates for any Trustee position up for election and Active Members must rank candidates by-order of preference.See Section 4.5 for counting ballots. 7.3 Officer Terms.The offices of President,Vice President,Secretary,and Treasurer shall be elected to one-year terms,and begin their individual terms on May 1 following the meeting. Deleted:. 7.4 Voting on Officers. Officers are elected by the Active Members each year at the annual meeting of the Association from among the elected Trustees.Each position will be nominated and elected separately at this meeting. All votes unless specified prior to the vote,shall be conducted by a voice vote.A simple majority is needed for an officer to be elected. If a Deleted: . majority cannot be determined by voice vote,the officer in charge of the vote shall ask for a show /! Becky 2/16/13 1 44 - Ftt of hands or for a secret ballot.Voting by proxy/absentee ballot will be allowed under Section 4.5. orma ad:Space Before: 6 pt An officer may be removed with or without cause by a simple majority vote of the Active Formatted:Fonth Members in any subsequent annual,regular or special meeting. ; ,No individual may hold more than one(1)officer position at one(1)time. r Deleted:Note Becky 2/16/13 1,44 PM A 7.5 Officer and Trustee Vacancies.In the case of death,resignation or removal from % Deleted:Active Members office for any elected officer or Trustee of the Association,except a Municipal Trustee,the vacancy shall be filled by he Board of Trustees from the membership at a oard meeting to be duly called Deleted:special for the purpose of filling out this term.In the event an officer fails to retain his position as an elected Trustee,he must vacate his officer position pursuant to Minnesota Statutes,Chapter / Deleted:2006-MNFPC 424A Volunteer Firefighters'Retirement. j Deleted: v1.8.1 j - 012 Bylaw`,V7.0 7 39 i i ARTICLE VIII MEETINGS Deleted: . 8.1 Annual Meeting f the Members. The annual[regular meetin of the members Formatted:Font:Bold,Not Expanded by/ g ��' � g Condensed by shall be held}n Februaryon agate designated by the Board. The place ofthe meeting shall be designated and may be changed from time to time by the Board of Trustees. Formatted:Centered,Keep with next 8.2 Regular Meetings of the Members. The members shall have no regular meetings. ` Deleted:on the first Monday of Becky 2/16!13 1 44 PM 8.3 Special Meetings ofthe Members. Special meetings ofthe members may be Deleted:except that if that day is called at any time upon the written order of the President and one(1)other member of the Board of Trustees,or 20 percent of the voting members of the Association. The place of the meeting ` Deleted:holiday,said meeting shall be held on the shall be designated and may be changed from time to time by the Board of Trustees, next succeeding Monday. Deleted: .82.Regular Meetings of the Members. 8.4 Notice of Meetings of the Members. A notice of every annual and any special The members shall have no regular meetings.. meetings of the members shall include the date,time,place and purpose of the meeting and be posted on the bulletin board ofthe Association,or if no bulletin board,on the door of its usual Deleted: meeting room;and in accord with,Minnesota Statutes,Section 317A.433 Subd 4,business at a special membership meeting must be limited to the stated purpose;and further in accord with Deleted: Minnesota Statutes Section 317A.4351 each voting member shall be provided at least five(5),but not more than sixty(60)days,before the meeting,(excluding the date of the meeting)with notice Deleted:Minn.Stat.§3I7A.231 setting forth the date,time,place,and purpose of the meeting. i Deleted: (or represented if proxy is allowed under 8.5 Member Quorum. Thirty(30)percent of the Active Members of the Association i Section 4.4) shall constitute a quorum for the transaction of business at their meetings. Becky 2116/13 1 A4 PM - Formatted:Condensed by 0.15 pt 8.6 Member Voting. Each Active Member present,at the meeting shall be entitled to Formatted:FontArial,10 pt,Font color: one(I)vote. All votes,unless specified prior to the vote,shall be conducted by a voice vote. If a majority cannot be determined by voice vote,the officer in charge of the vote shall ask for a show / Deleted: •8.7 Regular Meetings ofthe Board of of hands or for a secret ballot.Voting by proxy/absentee ballot will be allowed under Section 4.5.A Trustees. Meetings of the Board of Trustees shall be voting is ma on of the quorum,not majority of the entire association membership. held on the first Monday of February,May,August g majority ty p / and November except that if that day is a holiday, x _ said meeting shall be held on the next succeeding 8.7 Regular Meetings of the Board of Trustees. Meetings of the Board of Trustees Monday. Meetings of the Board of Trustees shall be held at Fire Station unless noticed for another place shall be held in February,May,August and November. Meetings ofthe Board of Trustees shall within the City as designated by the Board.. be held at the Fire Station unless noticed for another place within the City as designated by the Becky 1 Board. Deleted:place of the Becky 2/16/13 1:44 PM 8.8 Special Meetings of the Board of Trustees. Special meetings of the Board of / Deleted: .8.9-Notice of Meetings ofthe Board Trustees may be called at any time upon the written order of the President and one(1)other of Trustees.The association is governed by Minn. / Stat.§13D.01 which requires that all meetings ofthe member of the Board of Trustees. The,meeting shall be held at the Fire Station unless noticed j Association's Board of Trustees be open to the for another place within the City as designated by the Board. public with rare exceptions.All notices prodded for in this Article shall comply with Minn.Stat.§13D.04 v which requires at a minimum that:. / Deleted:2006 MNFPC `Becky�3 1:44 PM Deleted: V 1.8.1 X12 Bylaws,V7.0 9 40 i 8.9 Notice of Meetings of the Board of Trustees. The association is governed by Minnesota Statutes,Section 13D.01 which requires that all meetings of the Association's Board of Trustees be open to the public with rare exceptions. All notices provided for in this Article shall comply with Minnesota Statutes,Section 13D.04 which requires at a minimum that (a) a schedule of any regular meetings of the Board of Trustees be kept on file at the Association offices,and (b) for special meetings,a notice stating the date,time,place and purpose of the meeting be posted on the bulletin board of the Association or if no bulletin board on the door of its usual meeting room;and in accord with Minnesota Statutes Section 317A.231,each Trustee shall be provided at least three(3),but not more than sixty(60)days,before the meeting,(excluding the date of the meeting)with notice setting forth the date,time,place,and purpose of the meeting. 8.10 Board Quorum. A majority of the Board of Trustees then in office shall constitute a quorum for the transaction of business at its meetings. 8.11 Board Voting. Unless the Articles or Bylaws specify otherwise,an action of the Board shall be effected by a majority vote of the Trustees present and eligible to vote once a quorum has been achieved.The officer in charge of a vote shall ask for a show of hands but shall not allow for a secret ballot norproxy,and each vote shall be recorded in a public journal.No action shall be considered once a quorum has been lost. • 8.12 Electronic Meeting Prohibited. Any meeting of the Board of Trustees or the membership by solely electronic means(e.g.,a-mail,simulchat or phone conference)that is not accessible to the public at a set meeting location is prohibited. Deleted: .8.12 8.13 Order of Business. At any annual,regular and all special meetings,the order of business shall be as follows: Deleted:CalBng •I (a) Call to order by the President Deleted: .(c (b) Roll call(verify quorum) 44 PM (c) Secretary's Report(reading of previous minutes) Formatted:Indent:Left: 0.5,Hanging: (d) Treasurer's Report ,Cc) Report of the Board(member meeting) Dee letes: .(a 0 Report of other committees(Board or member meeting) Deleted: •(e 1(g)Election of Trustees and Officers,if applicable(annual member meeting) (11j Old Business Formatted:New Business Indent:Left: 0.5",Hanging: Becky 2/16/13 1:44 PM (j) Adjournment Deleted: .(f Deleted: .(g % Deleted:2006 MNFPC Deleted: V1.8.1 2012 BylawkY7.0 9 41 i ARTICLE IX FIDUCIARY RESPONSIBILITY 9.1 Board of Trustees. Each member of the Board of Directors,also acts as a trustee of the Special Fund. The Board of Directors therefore also acts as the Board of Trustees. The Board of Trustees is charged with administering retirement and ancillary benefits under the Special Fund,and the Trustees are fiduciaries subject to the standard of care set forth in Minnesota Statutes,Section 11A.09 and Section 356A.04.This includes specifically assuming such additional duties as may be described in Association policies and procedures or required by state law,including: (a) adopting an investment policy, (b) providing written investment restrictions to brokers; (c) securing certificates of insurance;and Formatted:Font:Times New Roman,12 (d) establishing a continuing education plan in order to keep abreast of their fiduciary M T RA MA ' responsibilities Formatted:Font color:Black 9.2 Prohibited Transactions. No fiduciary of the Association shall cause the Deleted: Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one(1)of the following direct or indirect transactions: (a) sale or exchange or leasing of any realesstate between the Association and a Board member; Deleted:property (b) lending of money or other extension of credit between the Association and a Board member or member of the Association; (c) furnishing of goods,services,or facilities between the Association and a Board member, (d) transfer to a Board member,or use by or for the benefit of a Board member,of Deleted: or any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by lawp or (e) sale,exchange,loan,or lease of any item of value between the Association and a Deleted:. fiduciary of the Association other than for a fair market value and as a result of an arm's-length transaction. 9.3 Fiduciary Responsibilities Apart from the Special Fund. Although the title "Trustee"is applied to members of the Board of Directors of the Association,the fiduciary standard that Directors are subject to is two-tiered as a matter of State law. With respect to the Association's Special Fund,Trustees are required to meet a standard of care that applies to fiduciaries under Minnesota Statutes,Section 11 A.09 and Section 356A.04,as described above. With respect to business and management decisions not including decisions related to the Special Fund,all Trustees are required to meet a standard of care that applies to nonprofit corporation Deleted:2006_MNFPC_ Directors under Minnesota Statutes,Section 317A.251. These decisions include,but are not Deleted: vl.m 13ylawk7.0 10 j 42 i limited to,business decisions regarding fund-raising activities,and disposition of and management of the General Fund.Accordingly,in their decision-making and management, Trustees must discharge the duties of their position in good faith,in a manner the Director reasonably believes to be in the best interests of the Association,and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. Directors are not, in accord with that same statutory section,considered"Trustees"with respect to the Association or with respect to property held or administered by the Association. 9.4 Conflict of Interest Procedures. When a member(s)of the Board of Directors has a conflict: Formatted:Left (a) Each member of the Board of Directors,whether acting as a Director or as an Officer of the Association,has a duty to disclose to the Board(or to any committee of the Board)the material facts of any proposed transaction or action of the Association in which they or a Relative have a Material Financial Interest. (b) The disclosure required under(a)(above)must be made,to the extent possible, prior to any consideration of such proposed transaction or action by the Board of Directors or by any applicable committee of the Board of Directors. If a Board member does not recognize the existence of a conflict prior to the Board of Director's decision regarding the transaction,that person has a duty to disclose the material facts of the conflict as soon as the conflict is recognized. (c) The Board member having a conflict shall not participate in the deliberation or decision regarding the matter under consideration and shall leave the room during deliberations except when he has been invited by the Board or committee to participate,after consideration of the significance to the Association of the disclosed conflict. The Board of Directors or committee may also request that he provide the Association with any relevant information known to the Board member regarding the matter. (d) Any proposed transaction or action in which the Board of Directors has determined that a Director has a conflict of interest that is not"de minimis"is to be approved by a majority of all the Board of Directors then-serving who would be entitled to vote and who are not interested Board members at a meeting at which a quorum is present(i.e.,by a Supermajority of the entire Board of Directors not including a Board member(s)who has a conflict of interest),even though the non-conflicted directors may constitute less than a quorum). Deliberations by the Board of Directors regarding the conflict shall be documented in Board minutes no later than 60 days following the subject meeting. The votes of each Board member in support or in opposition to the transaction or action shall be noted. (e) All Board members are obligated to notify the Board of Directors if they believe another Board member has failed to disclose a conflict,and this procedure shall Deleted:2006_MNFPC_ be followed by the Board of Directors in all such instances. Becky 2/16'13 1 44 PM Deleted: V1.8.1 j' - �2012BylawkWO 11 j 43 i i ARTICLE X FUNDS 10.1 Funds. All money received by the Association shall be kept in two(2)separate funds,the General Fund and the Special Fund. Disbursements from the funds shall be in accordance with Minnesota Statutes and Rules and the Bylaws of the Association. 10.2 General Fund. The funds received by this Association from:dues,donations, fines,initiation fees, entertainment revenues and any moneys donated for unspecified uses shall be kept in the General Fund and may be disbursed upon a majority vote of the membership or of the Board of Trustees for any purpose reasonably suited to promote the welfare of the Deleted: and entertainments Association and its members. All expenses shall be paid out of the General Fund,except as specifically authorized to be disbursed from the Special Fund. These records shall be open for inspection by any member of the relief association at reasonable times and places. 10.3 Special Fund. All funds received by this Association from any tax sources, membership dues,except for dues payable as contributions to the General Fund,and other money Aat may be directly donated or transferred to said funds,shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be disbursed only for the following purposes: Deleted:which (a) Payment of members'service pension benefits in accordance with these Bylaws, (b) Payment of ancillary benefits in accordance with these Bylawso Deleted:. (c) Xayment of fees,dues and assessments to the Minnesota State Fire Department Deleted:. Association and to the Minnesota Area Relief Association Coalition Be Formatted:List Paragraph,Indent:Left: (d) Payment of insurance premiums to the Volunteer Firefighters Benefit Association, Deleted:(c or an insurance company licensed by the State of Minnesota offering casualty insurance,and Le) All administrative expenses authorized underMinnesota Statutes,Section 69.80. These records shall be public and open for inspection by any member of the relief Deleted:Minn.Stat.Sect. association,any officer or employee of the state or municipality,or any member of the public,at reasonable times and places. 10.4 Deposits. All money belonging to this Association shall be deposited to the credit of the Association in such banks,trust companies,or other depositories as the Board of_Trustee s may designate. Board of Trustees shall make deposits in conformance with Minnesota Statutes, Deleted:Trustee the Bylaws and the investment policy. , Deleted:2006 MNFPC Becky 2,116/13/ , Deleted:_V1.8.1 i- Z2 12 Bylaw,_7.0 12 44 y Formatted ARTICLE XI ' Deleted:left blank APPENDICES INCORPORATED IN BYLAWS 2116/13 1:44 PM Formatted �! The following appendices attached hereto are expressly incorporated herein as a component I Becky 2il 6/13 1:44 of these Bylaws,with the same legal force and effect of Bylaws. Deleted:left blank! . Appendix A:Bylaw Amendment History. c" Deleted: . Appendix B: Intentionally eft Blank. _ Appendix C: ntentionall eft Blank. Deleted: PP � Y� � Appendix D: Columbia Heights Volunteer Firefighters Relief Association Defined Deleted:. Contribution Retirement Plan. i i _ I Appendix E: Defined Contribution History. I Deleted: . I . Appendix F: Special Laws Formatted Table Becky 2/16/13 1:44 PM Formatted ARTICLE XII Formatted �• AMENDMENTS 12.1 Amendment of Articles of Incorporation by Members. Amendments to the Formatted Articles of Incorporation must be approved by a majority of the Board of Trustees and by a Formatted majority of the Active Members.The exception is changing the relief association's physical address;in that case,the Board of Trustees may amend the Articles of Incorporation without Deleted:majority member approval. If an amendment is initiated by the Directors,proper notice of the proposed amendment must precede a meeting of the members at which the amendment will be considered kFormatted and must include the substance of the proposed amendment. If an amendment is proposed,the Becky 2116113 1:44 PM members may demand a meeting of the Board of Trustees within 60 days for consideration of the Deleted:Active Members proposed amendment if a regular meeting of the Board would not occur within 60 days. Formatted 12.2 Amendment of Articles of Incorporation by Board when Authorized by Members. When authorized by Active Members,the Articles of Incorporation may be amended by the Formatted Board of Trustees by the affirmative vote of a majority of the Trustees then in office,at a 'Becky 2/16/13 1:44 PM meeting for which notice of the meeting and the proposed amendment have been given. The Formatted members may prospectively revoke the authority of the Board to exercise the power of the immmm members to amend the ArticleVwith the exception of amending the relief association's physical Deleted:any address,which the Board can amend without member approval. Nothing in this Section shall be construed to permit the Board to adopt,amend,or repeal provisions in the Articles that would Formatted alter the rights of the membership ' Formatted ,12.3 Amendment of Bylaws by Board.The Bylaws of the Association maybe Deleted:amendments shall be amended by the Board�at any regular or special meeting of the Board by a=vote of the a'ori given by P�Becky 2/16/13 1:44 PM present and voting,provided that a quorum is present;and provided further that apotice of ate / ;'i Formatted time,place,purpose of the meeting and,proposed amendment be posted on the bulletin board of the Association,or if no bulletin board,on the door of its usual meeting room,and in accord with j % Deleted:2006_MNFPC_ Minnesota Statutes,Section 317A.231,each Trustee has been provided at least three(3) but pot Becky 2/16 113 1:44 PM i Deleted: V1.8.1 212Bylaw`, 7.0 13 45 i more than ix 60 days„before the meeting,(excluding the date of the meeting)with notice setting forth the date,time,place,purpose of the meeting and proposed amendment; Deleted:thirty-one(31 Board Limitations of Bylaw Amendments.Nothing in this section shall be construed to pennit the Formatted:Font color:Auto Board,to,�dopt,amend or repeal provisions regarding: 1'\ ', •� (a) Amending in any ay the definition of"Active Service"set forth in the Plan attached \ Deleted: preceding that upon which such_ hereto " - - 1,, Deleted: or amendments are (b) Changing the vesting schedule set forth in the Plan attached hereto Formatted:Font color:Auto (c) Membership(Article IV) Formatted:Font color:Auto (d) Compensation(Section 6.8) Deleted:be acted upon,and that a notice is mailed (e) Elections(Article VII) Formatted:Font color:Auto (f) Member Quorum(Section 8.5) Deleted:each member (g) Revise the number of Members required to amend the Bylaws(Section 12.4) (h) or limit the right ofat east ten percent of the membership to propose a resolution for action by the members to adopt,amend,or repeal Bylaws that the Board has taken - action to adopt,amend or repeal pursuant to this section.. \ Formatted:Font color:Auto 12.4 Amendment of Bylaws by Members.The Bylaws of the Association may be Deleted:last known address not leas than amended at any regular or special meeting by a majority vote of the Active Members present and Formatted:Font color:Auto voting,provided that a quorum is present;and provided further that notice of any proposed amendment(s)shall be given by posting or reading the same at any regular or special meeting not Deleted:(10)days prior to such meeting less than five(5),but not more than thirty-one(3 1)dayspreceding that upon which such amendment(s)are to be acted upon(excluding the date of the meeting)_ Formatted:Font color:Auto Deleted: Deleted:2006 MNFPC 'Becky 2/16/13 1 44 PM % Deleted:_vlxi i XM Bylaws,y7.0 14 j 46 MINNESOTA FIREFIGHTER PENSION CONSULTANTS Deleted: APPENDIX D 1 , COLUMBIA HEIGHTS VOLUNTEER FIRFIGHTERS RELIEF ASSOCIATION ;Left: O�, nition:List Bullet 1:Indent:Left: g: 0.5", No bullets or DEFINED CONTRIBUTION RETIREMENT PLAN nition:List Number 1:Indent: anging: 0.5", No bullets or St yl;Hanging:inition:Level 2:Indent:Left: 0.5", 0.6", No bullets or Stylinition:TOC 1 Style Definition:TOC 2 Deleted:Effective: December 1,2006 . 1� Deleted: - ,These model documents are drafted to conform to Minnesota state laws relating to relief association pension plans for volunteer firefighters.The model documents are not drafted to meet the requirements of tax-qualified retirement plans under the Internal Revenue Code,and it is doubtful that the model documents can meet those requirements. Minnesota Firefighter Pension Consultants,LLC(MNFPC,LLC)makes no representation regarding status of the plans under federal or state tax laws. MNFPC,LLC recommends that Relief Associations consult their own tax advisors regarding the treatment of the plan and distributions from the plan under state and federal tax laws. MNFPC,LLC is not a law firm.We recommend review by your legal counsel of model documents before adoption. 2012 DC Appendix D V7.0 47 TABLE OF CONTENTS Page ARTICLE I NAMES,PURPOSE AND OTHER GENERAL INFORMATION........................................1 :_ - 1.1 Name of Municipality.............................................................................................1 Deleted:ARTICLE I NAMES,PURPOSE AND 1.2 Name of Fire Department.......................................................................................1 OTIlER GENERAL INFORMATION.1 _ 1.3 Name of Relief Association....................................................................................1 1.4 Federal Taxpayer Identification Number................................................................1 1.5 Name of Plan...................................................................................I.......................1 1.6 Original Effective Date of Pl an...............................................................................1 1.7 Purpose....................................................................................................................1 ARTICLE II DEFINITIONS AND INTERPRETATION............................................................................1 2.1 General Definitions.................................................................................................1 2.2 Interpretation...........................................................................................................5 ARTICLE III VESTING...............................................................................................................................5 3.1 Full Vesting of Account..........................................................................................5 3.2 Partial Vesting of Account.....................................................................................5 3.3 Determining Years of Active Service for Vesting:.................................................5 ARTICLE IV DEFINED CONTRIBUTION ACCOUNTS.........................................................................5 4.1 Allocation Rules......................................................................................................5 4.2 Adjustment for Earnings.........................................................................................6 4.3 Adjustment for Expenses........................................................................................6 4.4 Valuation Date Determination................................................................................6 4.5 Valuation of Special Fund and Account Statements to Participants.......................7 ARTICLE V BENEFITS..............................................................................................................................7 5.1 Retirement Benefit..................................................................................................7 5.2 Return to Service.....................................................................................................7 5.3 Deferred Interest.....................................................................................................8 5.4 Disability Benefit....................................................................................................8 5.5 Survivor Benefit......................................................................................................9 5.6 Funeral Benefit......................................................................................................10 5.7 Supplemental Benefit............................................................................................10 5.8 Supplemental Survivor Benefit.............................................................................10 5.9 Benefit Payment Requests....................................................................................10 5.10 Forms of Payment.................................................................................................11 5.11 Maximum Limitation on Benefits.........................................................................11 �. . 5.12 Required Distributions..........................................................................................11 Deleted:2006 MNFPc 5.13 Unclaimed Benefits................................................................................I..............11 . . ARTICLE VI APPEALS PROCEDURE......................... Deleted:�2 mm • 6.1 Right of Appeal..................................................................................................... 12 i , = NAME r Pension 6.2 Denial of Benefits.................................................................................................12 Deleted:?2006 Minnesota Firefighte Consultants,LLC 6.3 Review Procedure............................. ....................12 - Formatted:Font:12 pt DC Appendix D_7.0 48 ARTICLE VII CLAIMS AGAINST BENEFICIAL INTEREST...............................................................12 7.1 Nonassignability................................................................................................... 12 7.2 Charge for Litigation............................................................................................. 13 7.3 Domestic Relations Orders................................................................................... 13 ARTICLE VIII UNIFORMED SERVICE(MILITARY SERVICE).........................................................14 ARTICLE IX RIGHT TO AMEND,DISCONTINUE OR TERMINATE................................................15 9.1 Amendment...........................................................................................................15 9.2 Termination of Plan.............................................................................................. 15 ARTICLE X MISCELLANEOUS..............................................................................................................15 10.1 Governing Law..................................................................................................... 15 10.2 Binding Effect....................................................................................................... 16 10.3 Effective Date Application................................................................................... 16 10.4 Authority of Board of Trustees.............................................................................16 Deleted:2006 MNFPC 1� Deleted:v2 � I Deleted:r 2006 Minnesota Firefighter Pension Consultants,LLC Formatted:Font:12 pt 2012 DC Appendix D_.0 �1 r 49 i COLUMBIA HEIGHTS VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION DEFINED CONTRIBUTION RETIREMENT PLAN The Board of Trustees of the Relief Association amends the Plan in its entirety and restates its existing defined contribution pension plan for the benefit of its eligible members. Deleted:BY THIS INSTRUMENT,effective as of December I,2006,the ARTICLE I NAMES, PURPOSE AND OTHER GENERAL INFORMATION 1.1 Name of Municipality: City of Columbia Heights 1.2 Name of Fire Department: Columbia Heights Fire Department 1.3 Name of Relief Association: Columbia Heights Volunteer Firefighters Relief Association Address: 825 41St Avenue NE,Columbia Heights,MN 55421 1.4 Federal Taxpayer Identification Number: 41-6028367 Formatted:Indent:Left: 0" 1.5 Name of Plan: Columbia Heights Volunteer Firefighters Relief Association Defined Deleted:555 Mill Street Contribution Retirement Plan 1.6 Original Effective Date of Plan: October 11, 1923 1.7 Purpose. The purpose of the Plan is to provide benefits to eligible members of the Relief Association(Participants)and their lawful Beneficiaries. ARTICLE II DEFINITIONS AND INTERPRETATION 2.1 General Definitions. The following words and phrases when used herein shall have the Deleted:nor be eligible for plan benefits following meanings except as otherwise required by the context in which they are used: t Deleted:2006 MNFPC (a) "Account'means the account established for each Participant for the purpose of �. - recording allocations of state fire aid,Municipal contributions,and forfeitures,as Formatted:Font:12 pt adjusted for any income,expenses,gains,or losses incurred thereon. 0• PM Fonnanea:Tabs:6.5",Right+Not at 7" (b) "Active Service"shall mean active service as defined by the Fire Department,as �. - stated in its policies and procedures,except that Participants shall not receive / Deleted:.2 credit for Active Service for periods during which the Participant is: • - Formatted:Font:12 pt (i) a full-or part-time employee of the Fire Department who accrues pension ; • - service credit under the Public Employees Retirement Association of Deleted: 2006 Minnesota Firefighter Pension V- Consultants,LLC 2 DC Appendix D=7.0 50 Minnesota Police and Fire Fund for the same firefighting service. (c) "Allocation Date"shall mean each December 31. Deleted:Minn.Stat.515 (d) "Alternate Payee"shall mean a spouse or former spouse of a Participant who is Deleted:which recognized by a Domestic Relations Order as having a right to receive all,or a portion of,a Participant's Beneficial Interest under the Plan,pursuant to i :; Not For mBold atted:Foliffimes New Roman Bold, Minnesota Statutes,Section 518.58,Subd.4. ' Formatted:Font:Times New Roman Bold (e) `Beneficial Interest"shall mean the amount of a Participant's Account that is �, . distributable to the Participant or the Participant's Beneficiary in accordance with Deleted:of months) the terms of the Plan. le . ' Deleted:perform the minimum (f) `Beneficiary"shall mean any person entitled to receive benefits Aat may be 7-.,,et!37as �, . payable upon or after a Participant's death. / defined by the Fire Department,as policies and procedure s.Participants (g) "Board of Trustees"or"Board"shall mean the Board of Trustees of the Relief = n Association. �I i Deleted:accrue service credit for each month of the period of the MET (h) ")3reak in Service"'shall mean a period as defined by the Fire Department in its r/ I Deleted: A Break in Service does not include a policies and procedures,during which the Participant does not,meet Active ! military service leave described in Section 8.1.A I Partici ant's Years of Active Service shall be Service requirements,However,service restored pursuant to the uniformed � P services provisions of Article VIII shall be considered Active Service and shall reduced by a qualifying Break in Service. not e considered.a Break in Sen•ice, — - -- --- - Deleted:,which (i) "Bylaws"shall mean the duly adopted bylaws of the Relief Association. %11 ' r Deleted:shall be applicable to non (j) "Code"shall mean the Internal Revenue Code of 1986,and amendments thereto. / Deleted:-. ; ! r - (k) "Disability"or Disabled�,shall mean the inability of a Participant to engage in I r the performance of his or her duties by reason of a medically determinable Deleted:causes. h steal or psychological im airmen that can be expected to last for a continuous 'I ' I physical p C p r ,r period of not less than twelve months or can be expected to result in death. V Deleted:3 Disability,lna by ave been incurred in the line-oi duty pr outside the line-of duty. / Deleted:Minn.Stat. A Participant's Disability shall be determined by the Board in its sole discretion. � /I Deleted:2006 MNFPC (1) "Disability Benefit"shall mean the benefit,if any,paid to a Participant in lieu of / Becky 2/16113 2:04 PIV a Retirement Benefit,pursuant to Section 54. Formatted:Font:12 pt (m) "Domestic Relations Order"shall mean any judgment,decree or order / Formatted:Tabs 6.5 Right+Not at 7" (including approval of a property settlement agreement)that complies with the / provisions of Minnesota Statutes Sections 518.58 or 518.581. I `i i Deleted:v2 (n) "Effective Date"of the Plan shall be the effective date referenced on the first / 'ammmum Formatted:Font:12 pt page of the Bylaws. Deleted: .CC 2006 Minnesota Firefighter Pension / Consultants,LLC 1012 DC Appendix D_.0 P- - 'r 51 i (o) "Entry Date"shall mean the date of hire as defined in the Fire Department policies and procedures. (p) "Inactive Member"shall mean an individual who: (i) was a member of the Relief Association and a Participant in the Plan; (ii) ceased Active Service with the Fire Department when the individual's Account was 0%vested;and (iii) whose Account shall be forfeited pursuant to Section 4.1 if the individual does not resume Active Service with the Fire Department within five years of the Participant's Separation Date. (q) ;`Month of Active Service"for the Purposes of allocation of benefits under Section 4.1 shall mean a calendar month of completed Active Service as defined by the Fire Department policies and procedures., Deleted: (r) "Participant"shall mean a member of the Relief Association who Jtas accrued or Deleted:,as stated in its is accruing benefits under the Plan. '' PM Deleted: (s) "Plan Year"shall mean the calendar year. r Becky 2/16/13 2:04 PM Deleted:accrues (t) "Qualification Procedures"shall mean written procedures adopted by the Board of Trustees to: (i) determine whether a Domestic Relations Order may be honored under the law and the terms of the Plan;and (ii) to administer distributions under such orders. Formatted:Indent:Len: 1", No bullets or numbering The procedures shall be implemented within a reasonable time after receipt of a domestic relations order by the Board of Trustees. Qualification Procedures must Deleted:6• permit an Alternate Payee to designate a representative for receipt of copies of notices sent to the Alternate Payee with respect to a Qualified Domestic Relations / Deleted:paid Order. Becky 2/16/13 2:04- ' Deleted:2006 MNFPC "Qualified Recipient"shall mean an individual who receives a lump sum 04 PM distribution of pension or retirement benefits,including disability benefits,from Formatted:Font:12 pt the Relief Association for service performed as a Volunteer Firefighter,as it - relates to Section 5,7 herein. Formatted:Tabs:s.s°,Right+Not at 7" (u) _"Retirement Benefit"shall mean the benefit payable to a Participant pursuant to / Deleted:v2 Section 5.1,but only after the Participant has met all eligibility requirements of - Section 5.1. Formatted:Font:12 pt 1 j, Deleted: .CC 2006 Minnesota Firefighter Pension ��. Consultants,LLC ADC Appendix D_V7.0 A�- �r 52 i (v) "Separation Date"'shall mean the date�of retirement or termination as defined in Formatted:Font:Bold the Fire Department policies and procedures. 04 . old (w) "Special Fund"shall,mean the fund established pursuant to Minnesota Statutes, Formatted:Font:Bold - Section 424A.05 used to fund benefits under the Plan and for other purposes Deleted:Minn.Stat. permitted by statute.The assets of the Special Fund shall be invested only in I, . securities authorized by Minnesota Statutes,Section 69.775. Formatted:Font:Bold �Becky 2/-16'13 0. (x) "Supplemental Benefit"shall mean the benefit paid to a Qualified Recipient Deleted:Minn.Stat. - pursuant to Minnesota Statutes,Section 424A.10,Subd.2(a),as described in 04 PM Section 5 t7. Deleted:Minn.Stat. (y) "Supplemental Survivor Benefit"shall mean the benefit,if any,paid to a Deleted:6• Surviving Spouse or minor♦Surviving Children pursuant to.Minnesota Statutes r- - Section 424A.10,Subd.2(b),as described in Section 5,8. Deleted:surviving ebadren Becky 216/13 0, PM (z) "Surviving Children"shall mean any natural or adopted child of a deceased Deleted:Minn.Stat. Participant.'Surviving Spouse"shall mean jhe�pouse of a deceased artici ant r, who was legally married to the Participant at the time of deatk Deleted:7, (bb) "Survivor Benefit"shall mean the benefit paid to a Participant's Beneficiary \ Deleted:any person who was pursuant to Section 5.�. ,;� . = - \ Deleted:dependent (cc) "Valuation"shall mean a determination of the fair market value,as of a given �I Illy = date,of an investment security or Special Fund portfolio.Such determination \I Deleted:active member or retired former member, 1 1 living with the member shall be made by an investment manager,certified public accountant,actuary or ` �1 _ _ other professional as designated by the Board.The fair market value shall be ` r determined based on the value at which the investments could be sold on an open ` Deleted:the market.Where appropriate,the Board shall have the discretion to use an Deleted: of the active member or retired fc independent appraiser to value the investments.This definition also applies to the process of revaluing Participants'Accounts and any other appropriate sections of Deleted:a• this Plan where assets or Participants'Accounts are"valued." Deleted:member of (dd) "Valuation Date"shall mean each December 31,and such other dates designated / I, by the Board of Trustees in their discretion from time to time. / Deleted:Minn.Stat.Becky 2/16113 2:04 PM (cc) "Volunteer Firefighter"shall mean any person who: Deleted:2006 MNFPC (i) is engaged in providing emergency response services or delivering fire Formatted education or prevention services as a firefighter for the Fire Department or % „ . Municipality; Formatted 'Bpcky 2116/13 2:04 PM (ii) is trained in or is qualified to provide fire suppression duties or to provide /I Deleted:v2 fire prevention duties under,Minnesota Statutes,Section 424A.001,Subd. :i� i, 8;and Formatted (iii) meets any other minimum firefighter and service standards established by Deleted: .m 2006 Minnesota Firefighter P® DC Appendix D_V7.0 53 i the Fire Department or Municipality. (ff) "Year of Active Service';for the purposes of gilocation of benefits under Section 4.1 shall mean a,Plan Year during which the firefighter completed 12 full Months of Active Service with the Fire Department. Deleted:. "Becky 2116/13 0, PM \ Deleted:shall mean, Year of Active Service for the purposes of vesting under Article III shall mean ��` _ each 12-month period commencing with a Participant's Entry Date or anniversary Becky 2/16/13 2:04 thereof during which the Participant has received credit for Active Service, Formatted:Font:Bold_ reduced by the Participant's Breaks in Service. Vesting will not be prorated �1 " monthly for fractional years of Active Service pursuant to Minnesota Statutes Deleted:computing . Section 424A.02,Subd. 1.InteYpretation. The words defined in this Article 2 shall 1 Deleted:or service pensions payable, have the meanings assigned to them except where specified otherwise in this instrument. . Whenever appropriate,words used herein in the singular shall include the plural,the plural may Deleted:period of be read as the singular,and the masculine shall include the feminine. rBecky „ . Formatted:Keep with next,Keep lines together ARTICLE III VESTING '' zjjTJ Formatted:Keep with next 3.1 Full Vesting of Account. A Participant shall have a fully vested and non-forfeitable interest in the Participant's Account upon completion of 10 Years of Active Service. 3.2 Partial Vesting of Account. The following vesting schedule shall apply to a Participant with fewer than 10 Years of Active Service: Years of Active Service Vested Percentage Deleted:.Each Participant who has at least one Month of Active Service during a Plan Year is 5 but less than 6 40% eligible to share in the allocation of contributions for such Plan Year.A Participant's allocation will be 6 but less than 7 52% equal to the annual amount specified in the written 7 but less than 8 64% policies and procedures adopted by the Board.If the 8 but less than 9 '7C% Participant did not complete a full Year of Active Service during the Plan Year,the Participant's 9 but less than 10 88% allocation for the Plan Year shall be prorated for the number of Months of Active Service credited to the 10 or more 100 o�o Participant for the Plan Year.For purposes of this Section 4.1,"contributions"may consist o£ . 3.3 Determining Years of Active Service for Vesting. All Years of Active Service shall be taken into account for purposes of detennining a Participant's vested Account,including Years Deleted:2006 MNFPC of Active Service with the Fire Department prior to the Effective Date. MIN M NO ' Formatted:Font:12 pt r ARTICLE IV Formatted:Tabs:6.5',Right+Not at 7" DEFINED CONTRIBUTION ACCOUNTS Deleted:v2 4.1 Allocation Rules '' Each Participant who has at least one Month of Active Service during a Plan Year is eligible to Formatted:Font:12 pt share in the allocation of contributions for such Plan Year. A Participant's allocation will be equal to the annual amount specified in the written policies and procedures adopted by the Deleted: .�2006 Minnesota Firefighter Pension Consultants,LLC DC Appendix D_.0 54 i Board.If the Participant did not complete a full Year of Active Service during the Plan Year,the Participant's allocation for the Plan Year shall be prorated for the number of Months of Active Service credited to the Participant for the Plan Year.For purposes of this Section 4.1, "contributions"may consist o£ (a) Any amount of fire state aid received by the Relief Association;and (b) Any amounts of Municipal contributions to the Relief Association raised from levies on real estate or from other available revenue sources exclusive of fire state aid. Any Participant that receives a contribution allocation for a Plan Year shall also share in the allocation of amounts that have been forfeited from Participants'Accounts since the preceding Deleted:for a period not shorter than five years Allocation Date,as follows: (a) Forfeitures of any Inactive Member who,as of the Allocation Date,has not been /(Formatted Table credited with any Active Service with the Fire Department uripg_the Plan Year / /T Becky 2116/13 2:04 PM Deleted:for a period not shorter than five years. that contains the Allocation Date and the previous four Plan Years;or . I Deleted:Forfeitures shall be allocated to an (b) Forfeitures of the non-vested portion of the Account of any Participant who retired eligible Participant based on the number of Months or otherwise terminated from the Fire Department prior to becoming fully vested % of Active Service credited to the Participant for the in the amounts credited to the Participant's Account,provided such Participant has Plan Year,as compared to the total number of Months of Active Service credited to all Participants not,as of the Allocation Date,been credited with any Active Service with the Fire % eligible to share in the allocation.. Department&luring,the Plan Year that contains the Allocation Date and the M previous four Plan Years. Deleted:to share in the Contributions and forfeitures shall be allocated to an eligible Participant based on the number of Deleted:of contributions Becky 2/16113 2:04 PM Months of Active Service credited to the Participant for the Plan Year,compared to the total number of Months of Active Service credited to all Participants eligible to share in the allocation. Deleted:the / Any moneys orproperty donated,given,granted or devised by any person which is specified for % ; Deleted:2 use for the support of the Special Fund will be allocated in the same manner as contributions and ` ' 4' forfeitures to the Accounts of Participants eligible xeceive an allocation,for g Plan Year. Deleted:Minn.slat. 4.2 Adjustment for Earnings. Except as otherwise provided in Section 5 / Deleted:Participant files the g_. p p .,�,investment t . earnings,gains and losses of the Special Fund will be credited to Accounts as of the most recent Deleted:2006 MNFPC Valuation Date based on the ratio that each Participant's Account balance on the prior Valuation 04 PM Date bears to the total balance of all Accounts on the prior Valuation Date, Formatted:Font12 pt'Becky 2/16/13 2:04 PM 4.3 Adjustment for Expenses.Administrative expenses of the Special Fund authorized under Formatted:Tabs:6.5",Right+Not at 7" ,Minnesota Statutes,Section 69.80 shall be deducted in equal shares from Account balances. t, . Other fees and expenses for managing the Special Fund shall be deducted in proportion to the Deletes,N2 share of assets of the Special Fund to the credit of Participants'Accounts. "'� 2 pt 4.4 Valuation Date Determination. The Participant's benefit to be distributed shall be Formatted:Font:1:1 . determined as of the Valuation Date next following the date the p'articipant's form identified in /V Deleted: .0 2006 Minnesota Firefighter Pension Consultants,LLC i DC Appendix D_.0 55 i Section 52 is approved by the Board. Distribution shall not be made as of a Valuation Date that is earlier than the date the Board approves the Participant's benefit payment request. 'FWTTI Deleted:S and such request 4.5 Valuation of Special Fund and Account Statements to Participants. A Valuation of the Special Fund and the Account of each Participant shall be made as of each Valuation Date.At least annually,the Relief Association will provide each Participant with a statement of the Participant's Account balance as of the most recent Valuation Date and provide to the Participant upon request their vested percentage and any Account transactions such as distributions, contributions,forfeitures and plan expenses that occurred during the Plan Year. ARTICLE V BENEFITS 5.1 Retirement Benefit. ja) Eligibility. To be eligible to receive a Retirement Benefit a- Participant must satisfy each of the following requirements: Deleted: (i) Have retired or ceased Active Service with the Fire Departments � Formatted:Indent:First line: 0" (ii) Be at least 50 years of age;, � Deleted: and (iii) Have been a Volunteer Firefighterin the Fire_ Department; AMMINWOMM Deleted: and (iv) Have peen a member in the Relief Associationp and Deleted:for at least five(5)years prior to (v) Have the minimum Years of Active Service required for a non-forfeitable retirement;and interest(vested)in the Participant's Accrued Benefit. Deleted:the greater of five(5)years _(b) Amount. If so provided in Section 3.2,a Participant's Retirement Benefit shall be determined as follows: Deleted: or Account balance of the multiplied Vesting percentage for Participant by completed Years of Active Service Formatted Table However,if the Participant had a Break in Service,the Participant's benefit level shall be determined as described in Section 5.2. Deleted:2006 MNFPC Such Retirement Benefit shall not be paid before the later of the Participant's Separation Date or Formatted:Font:12 pt the date the Participant attains age 50. The Retirement Benefit shall be paid at the time requested Formatted:Tabs:6.5",Right+Not at T' by the Participant in a properly completed and accepted Retirement Benefit Payment Request F asommm orm. Deleted:v2 5.2 Return to Service. (a) Return to Service Before Payment of Retirement,Disability Formatted:Font:12 pt or Survivor Benef t. If a Participant: Deleted: .C 2006 Minnesota Firefighter Pension Consultants,LLC 7012 DC Appendix D=7.0 56 i (i) ceases Active Service with the Fire Department(incurs a Separation Date (ii) has not received a Retirement Benefit distribution from the Plan of the Participant's vested Accrued Benefit,and (iii) subsequently returns to Active Service after at least 60 days have elapsed, the Participant's Account shall be credited with additional allocations and adjusted for expenses under Article IV and Years of Active Service during the resumption period. (b) Return to Service After Payment of Retirement Benefit. If a Participant: 0) ceases Active Service with the Fire Department(incurs a Separation Date (ii) receives a Retirement Benefit distribution from the Plan of the Participant's vested Accrued Benefit,and (iii) subsequently return s to Active Service after at least 60 days have elapsed, the Participant shall be credited with additional allocations and adiusted for expenses under Article IV and Years of Active Service during the resumption period. A Participant's Retirement,Disability or Survivor Benefit at the Participant's later_Separation Date shall be determined as follows: Vesting percentage for Formatted:Para2 New Account balance of multiplied Additional completed � • the Participant Years of Active Service / Deleted:engaged No Participant may be paid a sern ice pension twice for the same period of Active Service. ;%i Deleted:retirement. Deleted:3� 5.3 Deferred Interest. The Board of Trustees shall adjust for earnings a Participant's unpaid Nj I, Retirement Benefit amount in the same manner as provided under Section 4.2. ; Deleted:2006 MNFPC 5.4 Disability Benefit. A Participant who becomes Disabled while}n Active Service may be Formatted:Font12 pt eligible for a Disability Benefit in lieu ofd Retirement Benefit.A Participant who becomes r, . Disabled while on leave for uniformed services under Article VIII shall be deemed to have ' Formatted:Tabs:6.5 Right+Not at 7^ become Disabled while in Active Service. A Participant's Disability Benefit shall be equal of 04 PM 100%of the Participant's Account balance. Deleted:Q Any Disability Benefit paid in accordance with this Section 5_4 shall be in lieu of all rights to Formatted:Font:12 pt further service pension and survivors benefits. = 04 PM �r Deleted: .C 2006 Minnesota Firefighter Pension Consultants,LLC J012 DC Appendix D VV77.0 P-181 '1 57 i The Participant shall be eligible to receive the Disability Benefit upon approval of the Board of Trustees.A written report of a physician of the Participant's choice shall be required for payment of a Disability Benefit.The report shall set forth the diagnosis and prognosis of the Disability, disease or injury of the Participant and its probable duration of permanence.A Participant's statement as to pain or other symptoms will not alone be conclusive evidence of Disability. A Disability Benefit Payment Request form shall be submitted to the Board of Trustees within six months after such participant's Separation Date with the Fire Department.The form shall describe the nature and cause of such Disability.The form shall be under oath by the Participant or his/her immediate family.The determination of Disability shall be tabled until the next Board Deleted:Participant has ceased Active Service meeting so that a physician of the Participant's choice may examine the Participant.The Board of Trustees has the discretion to request that another doctor,selected by the Board of Trustees, examine the Participant.Final determination of Disability will be based on the reports of at least one doctor,and shall be determined by,the Board of Trustees at the subsequent Board meeting. If the Participant who applied for a Disability Benefit disagrees with the Board's determination, Deleted:a2,3 majority of the Participant may,within sixty(60)days from notice of such action of the Board of Trustees, file a written appeal of the Board of Trustees'determinatio1v Thp appeal will be decided under Deleted: entire the appeal procedures described in Article VI. Deleted: pursuant to the Plan's 5.5 Survivor Benefit. (a) Eligibility. For a Participant's Beneficiary to be eligible to receive a Survivor Benefit the Participant must have satisfied the following requirements: (i) Have died in Active Service with the Fire Department,or (ii) Have died prior to receiving his Retirement Benefit. A Participant who dies while on leave from unifonned service under Article VIII shall be deemed to have died while in Active Service. (b) Amount. If a Participant in Active Service dies,the Participant's Beneficiary shall receive a lump sum payment equal to 100%of the Participant's Account, If a Participant who has retired from or ceased Active Service dies,the Participant's Beneficiary Deleted: shall receive a lump-sum Survivor Benefit determined as follows: Deleted:2006 MNFPC Vesting percentage for �, . Account balance of the multiplied completed Years of Formatted:Font:12 pt Participant bv Active Service Formatted:Tabs:6.5",Right+Not at T' Becky 2/16/13 0. PM Deleted:v2 � r / Formatted:Font:12 pt i- • ", . i 7onsultants,leted: ,r 2006 Minnesota Firefighter Pension 1/ LLC , 012_DC Appendix D_.0 58 i Such,Survivor Benefit shall be paid to the Participant's Beneficiary as soon as administratively feasible following the Participant's death and the approval of the Survivor Benefit Payment r' - Request form. Deleted:payment will A Participant's Beneficiary shall be as follows: Deleted:receipt Formatted:Normal,Keep with next,Keep (a) the Participant's Surviving Spouse;or lines together (b) if no Surviving Spouse,the Participant's,Surviving Children or if so designated as a Beneficiary by the Participant,a trust for the benefit of the Participant's Surviving Children created under Chapter 501B;or Deleted:surviving children (c) if no Surviving Spouse or,Surviving Children,the Participant's designated Beneficiary or Beneficiaries.To designate a Beneficiary,the Participant shall children - complete,sign and file with the Relief Association a designation of Beneficiary Deleted:surviving c on a form to be provided by the Relief Association or by other written form acceptable to the Relief Association. On said form,the Participant shall designate a Beneficiary,which must be a natural person,pr ad trust created under Chapter 501B of Minnesota Statutes that shall be paid any sum&at may be '" - payable on account of the Participant's death(reserving,however,to the Deleted:to whom Participant the power to change the designation of Beneficiary using the Change of Beneficiary Designation form,);or Deleted:which (d) if no designated Beneficiary or Beneficiaries,to the estate of the Participant. Deleted: from time to time If there is a Surviving Spouse,but no Surviving Children,the Surviving Spouse may waive in writing all or a part of the Survivor Benefit otherwise payable to the Surviving Spouse,in which event,the Survivor Benefit waived shall be paid as if the spouse had predeceased the Participant. Formatted:Normal,Keep with next,Keep 5.6 Funeral Benefit. No Funeral Benefit shall be paid under this Plan. lines together =4'.5.7 Supplemental Benefit. Upo n payment of a lump sum distribution,the Relief Association must pay a Supplemental Benefit to the Qualified Recipient. The Supplemental Benefit may be paid from the Special Fund. The amount of the Supplemental Benefit equals ten percent of the Deleted:. lump sum distribution,but in no case may the Supplemental Benefit exceed$1,000. - / Deleted:2006 MNFPC 5.8 Supplemental Survivor Benefit. Upon payment of a Survivor Benefit,the Relief 1, Association must pay a Supplemental Survivor Benefit to the Surviving Spouse,or,if none,the i j Formatted:Font:12 pt minor,Surviving Child(ren)of a Participant who had at least one(1)month of Active Service. r' - The Supplemental Survivor Benefit shall be paid in lieu of the Supplemental Benefit and shall be Formatted:Tabs:6.5,Right+Not at T' paid from the Special Fund.The amount of the Supplemental Survivor Benefit equals twenty (20)percent of the lump sum distribution,but in no case may the Supplemental Survivor Benefit Deleted:vz exceed$2,000. Formatted:Font:12 pt 5.9 Benefit Payment Requests. Requests for benefit payment shall be in writing and filed with the Relief Association,not less than 90 da s prior to the next Board meeting,unless J! Deleted: .�2006 Minnesota Firefighter Pension y g �� Consultants,LLC -- Z01?DC Appendix DRV7.0 P-110k 59 i Permitted earlier by the Board. Such request shall be made on the appropriate form described below: Formatted:Keep with next,Keep lines Requested Benefit Required Benefit Form together 1, . Retirement Retirement Benefit Payment Request Formatted Table Formatted:Keep with next,Keep lines SSurvivor� urvivor Benefit Payment Request together isabili Disabili Benefit Payment Request Deleted:Disability...urvi'er Of applicab , .MA Deleted:Disability Requests for Plan benefits shall be considered valid when approved by the Board.Upon approval of the request,the oard shall provide,notices to the Participant as required by state or federal Deleted:Survivor law with respect to pension or benefit payments including,if required,the Special Tax Notice , . Regarding Plan Payments. Deleted:Survivor 5.10 Forms of Pam. Plan benefits payable to a Participant or Beneficiary shall be made in Deleted:Relief Association...oard shall p® single lump sum payment. The Participant shall specify that the payment be made in the manner of: / Deleted:.Such rollover may be made on behalf of � a Participant or Surviving Spouse only. (a) a check payment payable to the Participant or Beneficiary,subject to federal 111.1711 ' income tax withholding,as may be required;or / Deleted:<#]Repayment of Lump Sum Distribution. For a Participant who(a)ceases Active Service with the Fire Department;(b)receives a (b) a direct rollover to an individual retirement account described in Section 408(a)of 1 i lump sum distribution from the Plan of the Participant's vested Account;and(c)subsequently the Codes to the extent permitted by law,or returns to Active Service,no additional service pension amount is payable to the Participant,no (c) transfer to the Participant's account in the Minnesota Deferred Compensation additional service is creditable to the Participant,and the Participant shall repay any previously received Plan,to the extent permitted by law and the Minnesota Deferred Compensation distribution._ Plan. �. ' Deleted:distribution...articipant's accoun®M No other forms of distributions are allowed under the Plan. �. - Deleted:Abandoned 5.11 Maximum Limitation on Benefits. Notwithstanding any provision of the Plan to the I, contrary,a Participant's annual addition under the Plan shall not exceed the maximum amount Formatted:Normal permitted under Section 415 of the Code. - �.' Deleted:In the event-f the Relief Associ� 5.12 Required Distributions. Notwithstanding any provision of the Plan to the contrary,a 'Becky 2/16/13 2:04 PM Participant's account shall be paid to the Participantj?y April I of the calendar year followingpf Deleted:2006 MNFPc the calendar year in which the Participant attains age 70'/�or ceases Active Service,whichever is '' PM later.Such distributions shall be determined and made in accordance with Section 401(a)(9)of ' Formatted 01I the Code and regulations promulgated thereunder,including the minimum distribution incidental benefit requirement of Treasury Reg.Section 1.401(a)(9)-2,the provisions of which are Formatted:Tabs:6.5",Right+Not at T' 'Becky 2/16/13 2D4 incorporated herein by reference. ;/i PM / Deleted:v2 5.13 Unclaimed Benefits. if the Relief Association is unable with reasonable effort to locate a 0` t Deleted: .:t 2006 Minnesota Firefighter Pension Participant orperson/estate entitled to arSurvivor Benefit under the Plan or applicable law,the Consultants,LLC ADC Appendix Dw7.0 P 60 i benefit distributable to such Participant orperson/estate shall be forfeited and will be credited to the Special Fund.,Efforts to locate a Participant orrperson/estate must be documented.Forfeiture ` '' -kx shall occur no earlier than thir -six(36)months after the Board concludes the Relief Deleted:Beneficiary ,Association was unable to locate such Participant orperson/estate despite reasonable efforts to r • d0 S0. Deleted: Such forfei ture =. ARTICLE VI �,\ Deleted:6 APPEALS PROCEDURE Becky 2116/13 0 • Deleted:Association's efforts 6.1 Right of Appeal. In the event the Board of Trustees denies a written request fora 2:04 PM Deleted:Beneficiary began or,if later,the earliest I Retirement,Disability oriSurvivor Benefit,the Participant or Beneficiary whose request was dat.pern,itt.d order Minn.stat.356.65.. denied(a"claimant")shall be entitle4to appeal the determination. - Deleted:service 6.2 Denial of Benefits. If a written request is not approved,the Board shall return the form to -the claimant within 30 days,noting which requirements the claimant does not meet.Thereafter, Deleted:ancillary pension benefit the claimant shall be furnished with the opportunity to be heard by the)3oard,on the question of 2:04 PM whether the claimant meets all of the eligibility requirements.A claimants intends to appeal C Deleted: to the right must furnish the Board with a written notice of intent to appeal within 30 days of receiving an adverse determination. Deleted:full \\ 19118KITION LTA 6.3 Review Procedure. Upon receipt of the written notice of intent to appeal,the Board of Deleted:The Trustees shall hold a special meeting within 60 days.Timely notice of the meeting shall be given• \, -- to the claimant at least 15 days prior to the special meeting.The claimant shall have the \ Deleted:shall indicate that he or she reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The Board,Shall decide the appeal and shall give the claimant Deleted:by furnishing written notice of its decision. ` - Formatted:Space After: 0 pt The exhaustion of these claims procedures is mandatory for resolving every claim and dispute Deleted:reserves the right to engage the services arising under these Bylaws.Any legal action to recover benefits or to enforce or clarify rights of an arbitrator or mediator,acceptable to both under the Bylaws must be commenced in the proper forum within 120 days after the claimant has parties,at any time during exhausted the claims procedures.For all purposes,knowledge of all facts that the Participant knew or reasonably should have known shall be imputed to every claimant who is or claims to be a beneficiary of the Participant or otherwise claims to derive an entitlement by reference to the Participant.The Board has full discretion to determine benefit claims under the Bylaws.Any interpretation,determination or other action of the Board shall be subject to review only if it is arbitrary or capricious or otherwise an abuse of discretion.Any review of a final decision or Deleted:2006 MNFPC action of the Board shall be based only on such evidence presented to or considered by the Board at the time it made the decision that is the subject of review. Formatted:Font:12 pt ARTICLE VII Formatted:Tabs:6.5",Right+Not at 7" CLAIMS AGAINST BENEFICIAL INTEREST Deleted:v2 7.1 Nonassignability. No Participant or Beneficiary shall have any transmissible interest in ` r" the Plan or in the Participant's separate Beneficial Interest therein,either before or after the Formatted:Font:12 pt vesting thereof,or in any of the assets comprising the same prior to actual payment and distribution thereof,and shall have no power to alienate,dispose of,pledge or encumber the Deleted: 2006 Minnesota Firefighter Pension j�:. Consultants,LLC I' 012 DC Appendix D_.0 P j __ 61 i same,while in the possession or control of the Plan,nor shall the Plan recognize any assignment thereof,either in whole or in part,nor shall the interest of any Participant or Beneficiary be subject to attachment,garnishment,execution or other legal process while in the hands of the Plan,except as provided in Jylinnesota Statutes,Section 518A.53 or as otherwise provided herein. Deleted:Minn.Stat.518.6111 7.2 Charge for Litigation. In the event that any Participant or any person claiming by or through a Participant should commence any equitable or legal proceedings against the Relief Association,the result of which is adverse to the plaintiff,or in the event that the Relief Association should find it necessary to commence any such proceeding against any Participant or any person claiming by or through a Participant,the result of which is adverse to the Aefendant, the cost to the Relief Association of defending or bringing the proceeding,as the case may be, shall be charged,to the extent possible and permitted by law,to the Account of the Participant Deleted:defendant and only the excess of such cost over the amount of the Participant's Account shall be included as an expense of administration. 7.3 Domestic Relations Orders. Notwithstanding any provision to the contrary herein,the Board of Trustees may assign the interest of a Participant in the Plan to an Alternate Payee pursuant to a Domestic Relations Order. In the event the Plan receives a Domestic Relations Order with respect to a Participant's Beneficial Interest in the Plan,the following provisions shall apply: (a) The Board shall promptly give written notification to the Participant and to the Alternate Payee of receipt of a domestic relations order and of Plan Qualification Procedures, The Board shall then proceed with Qualification Procedures to determine whether the order is a Domestic Relations Order and can be honored, The Board shall then notify the Participant and Alternate Payee(or the Alternate Payee's designated representative)of its determination. Deleted: and (b) Disputed funds shall be disposed of as follows; (i) During the period in which the Qualification Procedures are in progress, Deleted: _._ the Board shall separately account for any amounts Vat would be payable 1 to an Alternate Payee if the Domestic Relations Order can be honored. Deleted:Which (ii) If it is determined the Domestic Relations Order can be honored within the Deleted:2006 MNFPC 18-month period commencing on the date payments are to begin under the �;'Becky 2/16,113 2�04 . order,the Board shall pay the amounts designated in the order,including ;,(Formatted:Font:12 pt any interest,to the Alternate Payee. 04 - Formatted:Tabs:6.5",Right+Not at 7" (iii) If the Board determines that the Domestic Relations Order cannot be �. - honored or if the 18-month period described in(ii)above elapses and the Deleted:v2 qualification dispute has not been resolved,the Board shall pay the i. - segregated amounts,together with earnings or losses,if required,to the J r Formatted:Font:12 pt persons who would have received the amounts if the order had not been : issued. /, Deleted: .©2006 Minnesota Firefighter Pension tl Consultants,LLC LI2 DC Appendix DRy7.0 p-,] 62 i (iv) If an order is qualified after expiration of the 18-month period described in (ii)above,payment of benefits to an Alternate Payee shall proceed prospectively and the Plan shall not be liable to an Alternate Payee for benefits attributable to the period prior to qualification. (c) Payment of benefits pursuant to a Domestic Relations Order shall be made only as permitted under the Plan.Payment to an Alternate Payee may not commence until the Participant submits a valid Retirement Benefit Request form and the Deleted:Relations Ord d The Board shall not obey a Domestic er requiring that benefits be paid to an Participant's benefit becomes payable. Alternate Payee before the Participant is eligible to receive benefits under the Plan. If the Alternate Payee under a Domestic Relations Order cannot be (d) If a Domestic Relations Order does not address and determine the payment of the located,the Board shall maintain a separate Supplemental Benefit payable under Section 5.7 in connection with the payment accounting of the amounts that would have been paid [o such Alternate Payee.If the Alternate Payee is of a Retirement Benefit,the Supplemental Benefit shall be divided between the thereafter located,such amounts shall be reinstated Participant and the Alternate Payee in the same proportion as the Retirement for the benefit of the Alternate Payee... . Benefit is so divided.In addition,the Board cannot honor a Domestic Relations Order requiring that Supplemental Survivor Benefits be paid to anyone other than the persons listed in Section 5.8 in the order there listed. (e) To the extent permitted by law and except as otherwise provided under a Domestic Relations Order,the Board may,on a uniform basis,charge the reasonable and necessary expenses associated with the review of a domestic relations order and the implementation of a Domestic Relations Order to the accounts of the Participant and Alternate Payee. ARTICLE VIII UNIFORMED SERVICE (MILITARY SERVICE) tSubject to restrictions stated in this section,a Participant who is absent from firefighting service Deleted: AND LEAVE OF ABSENCE due to service in the uniformed services,as defined in the Uniformed Services Employment and Reemployment Rights Act("USERRA"),will share in contributions and investment returns Deleted:<#>Mifitary service pursuant to Section 4.1 and 4.2 of the Plan for the period of the uniformed service,not to exceed 9MAW M. - five years,unless a longer period is required under USERRA. Formatted:Hidden To be eligible for such allocation of contributions and investment returns,the Participant must „ - return to firefighting service with coverage by the Relief Association(or by the successor to the Deleted:2006 MNFPC Relief Association)upon discharge from service in the uniformed service within the time frame required in USERRA.However,allocation of contributions and investment returns is not Formatted:Font:12 pt authorized if the Participant separates from uniformed service with a dishonorable or bad � conduct discharge or under other than honorable conditions. Formatted:Tabs:6.5",Right+Not 'Becky 2/16113 r% PM Allocation of contributions and investment returns is not authorized if the Participant fails to Deleted: 2 provide notice to the Fire Department that the Participant is leaving to provide service in the - uniformed service,unless it is not feasible to provide that notice due to the emergency nature of /;` Formatted:Font:12 pt the situation. 'Becky 2/16/13 2:04 PM Deleted: .CC 2006 Minnesota Firefighter Pension Consultants,LLC ,012 DC Appendix D_.0 P X14, 63 i �IQ he Participant does not return to Active Service with the Fire Department within the me i Deleted:<#>Participation During Leave of frame required in USERRA,then except as otherwise provided�n$he following sentence,it shall ', Absence. be conclusively presumed that the Participant's Active Service terminated as of the date Shat the - leave for uniformed services began.A Participant who dies or becomes Disabled while the Deleted:a Participant is on leave of absence with the consent of the Fire Department,or is on leave of Participant is on leave for uniformed services shall be deemed to have returned to Active Service absence because of military service as described in 8.and shall be Deemed to have accrued years of Active Service during the period of leave for section during the e p the individual shalt remain a Participant period of such leave of absence.The Uniformed services. definition of Break in Service shall determine ARTICLE IXr whether such leave of absence constitutes a Break in RIGHT TO AMEND, DISCONTINUE OR TERMINATE service.lfsuch 1• 9.1 Amendment. The Relief Association shall have the right to amend this Plan,pursuant to Formatted:Body Text,bt Section 12.3 of the Bylaws,at any time to any extent that it may deem advisable.Such Deleted:period granted for such leave of absence, amendment will be stated in an instrument in writing executed by the Relief Association.Upon or,in the case of military service,within the period adoption and execution of such instrument,this Plan shall be deemed to have been amended in 0 mm 3M tak rr.41r., - the manner therein set forth,and Participants shall be bound thereby. Deleted:for C 1• 9.2 Termination of Plan. Upon dissolution of the Relief Association,after the settlement of I Deleted:section 8.1 nonbenefit legal obligations of the Special Fund,the Board shall transfer the remaining assets of the Special Fund,as securities or in cash,as applicable,to the chief financial official of the Deleted:of expiration of such leave of absence,or such period as provided in Section 8.1,as the case Municipality. The Board shall also compile a schedule of Participants to whom a service in pension is or will be owed,any Beneficiary to whom a benefit is owed,the amount of the service 1 - pension or benefit payable based on the Bylaws and state law and the service rendered to the date Deleted:. flowerer,if the death ofsnch of the dissolution,and the date on which the pension or benefit would first be payable under the Participant occurs prior Bylaws and state law. - Deleted:expiration of the applicable period,the The Municipality receiving the remaining assets of the Special Fund shall establish a separate Survivor Benefit,if any,1 - account in the municipal treasury to function as a trust fund for Participants and their Deleted:pay able Beneficiaries eligible for Plan benefits.Upon submission of the proper form,on or after the initial date on which the service pension or benefit is payable,the municipal treasurer shall pay Deleted: , the pension or benefit due,based on the schedule described above and the other records of the dissolved Relief Association. The trust fund must be invested and managed consistent with Deleted:<#>Termination of Plan.Upon Minnesota Statutes Section 69.775 and Chapter 356A.Upon payment of the last service ep nsion dissolution oftbe ReliefAssociation,after the or benefit due and owing,any remaining assets in the trust fund may be transferred to the general settlement ofn°"benefit legal obligations ofthe Special Fund,the Board shall transfer the remaining fund of the municipality, assets of the Special Fund,as securities or in cash,as applicable,to the chief financial official of tl® 1•WA ARTICLE X Deleted:2006 MNFPC MISCELLANEOUS Formatted:Font:12 pt 10.1 Governing Law. This Plan shall be construed,administered,and governed in all respects - ` `' - under the laws of the State of Minnesota,except as preempted by federal law. i Formatted:Tabs:6.5,Right+Not at 7^ If any Minnesota laws are applicable solely to the Relief Association,then an Appendix F will be ! Deleted:v2'Becky 2,116/13 2:04 PM included to describe such laws. Formatted:Font:12 pt 1• Deleted: .C.2006 Minnesota Firefighter DC Appendix DFV7.0 P,15- 64 i 10.2 Binding Effect. This Plan shall be binding upon and inure to the benefit of the heirs, personal representatives,successors and assigns of any and all of the parties hereto. Formatted:Keep with next 10.3 Effective Date Application. If a member's Separation Date is prior to the Effective Date, the member's status and benefit under the Plan,if any,attributable to Active Service,shall be determined and paid in accordance with the provisions of the Plan in effect at the Separation Date. If a member had a Separation Date prior to the Effective Date,but returns to complete a Year of Active Service that ends after the Effective Date,the member's status and benefits under the Plan for all Active Service shall be determined in accordance with the provisions of the Plan in effect at the subsequent Separation Date. 10.4 Authority of Board of Trustees. The Board of Trustees shall have full power,authority and discretion to do each and every act and thing which it is specifically required or permitted to do under the provisions of the Plan and to determine conclusively for all parties all questions Deleted: and arising in the interpretation or administration of the Plan. Formatted:Keep with next Deleted:2006 MNFPC Becky 2/16/13 2 04 PM Formatted:—Font 12 pt Formatted:Tabs:6.5",Right+Not at 7" Becky 2116/13 2:04 PM Deleted:Q i Formatted:Font:12 pt ' Deleted: .o 2006 Minnesota Firefighter Pension Consultants,LLC X012 DC Appendix VV77.0 p,I G,,_ 65 2010 MNFPC DC A V6.0 A-1 @2010 Minnesota Firefighter Pension Consultants, LLC APPENDIX A COLUMBIA HEIGHTS VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION Bylaw Amendment History For a complete summary of the amendments and, if applicable, the Board's rationale and purpose for the change, refer to the Board of Trustee meeting minutes listed with the effective date of the applicable amendment listed hereunder. Effective Dates Meeting Minutes Summary of Change , 20 (Document) 20_(Board of Trustees) 20_(Membership) 20_(Municipality) Restatement of Bylaws and Appendices in their entirety, moving from version 2 of the MNFPC Bylaw Solution TM to version 7. May 11, 2009 NR(Board of Trustees) May 11, 2009(Membership) NR(Municipality) Amend Bylaws and Appendices to: language clarifications and enhancements Clarify Survivor Benefit eligibility(Plan: Appendix D Section 5.4) Revise Surviving Spouse definition (Plan: Appendix D Section 2.1) Correct reference to MN Statute Division on Marital Property in Alternate Payee definition (Plan: Appendix D Section 2.1) December 1, 2006 September 25, 2006(Board of Trustees) November 9, 2006 (Membership) NA(Municipality) Restatement of Bylaws and Appendices in their entirety as part of subscribing to the MNFPC Bylaw Solution TM that provides model documents, administrative forms, and trustee support. 66 NA means not available. NR means not required. TBD means to be determined 67 CITY COUNCIL LETTER Meeting of February 25, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: /�/%� Licenses NO: DATE: February 20, 2013 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for February 25, 2013 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 68 COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC Inspoction division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10192 3911 VAN BUREN ST Equitron Holdings, LLC F12066 3328 Lake St $ 150.00 Minneapolis, MN 55406 10303 965 43RD AVE Hampton Investments, Inc. F12202 9637 Anderson Lakes Parkway STE. #324 $ 150.00 Eden Prairie, MN 55344 20097 4056 5TH ST Brown, Anthony F12187 2697 E. County Road E $ 150.00 White Bear Lake, MN 55110 Total#of Licenses 3 02/20/2013 09:13 Page 1 69 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 25, 2013 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 146903 through 147043 in the amount of$ 563,821.97. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 70 Cl) W k x FC 0 W x .7 i x O # % H -k � PQ O K (1r N is U) �-1 r iH # a r x a 00 u� i CLU) R' % K HO 00 04 Lf) dH * -k U � Oin + U (n q�o * a1 o U o a z t` K i H �O 4-3 A-) 4-) ,J 1J JJ 11 JJ JJ JJ I.1 v # •K H U * 0000 * z o z (dw 0 �D rn CO 4J * zzzz * O to u) x -x U •ra � � H r-I x z z z z Oar x U •li 4 F�4 � F:� * N S-I a) k # \ a) LC) y.) 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W QM Ha U p' HH W W O r.� U z aH 04 I aH W � r•C, w Ei >1 ElW •• W Mw aaQQ H I H qq H H w dl H H N DO Q"X W P.' a a Po I H H •• R$ I � FG W 'J W WZ HE-I Q F�4 X P: H H P; P$ M OP: � r.G O W •• 1 �' PL1 UM W U I wx E P' a [ WH W P4 H W W Q ,7wH� :) P; X Pa W I U H a' M I zX � �CPP;; pp�� wP4WrT4Mr=twu+ G4a04Pi 9: rs40a� zU)v) � w a �y+ I W a o U W I w0 QEirGrCH0QHpHxHHFC,FC4 W W E-+ Hw W HzFCa a 0 a l x a IZ-I\ W Q I DULL W MP+ U0 W W HxHMHHUU3MP: W Ur14HD4fT4 IFZ. wx ',z, I U F4 1-1 M\ I H H M dv N M Ln O Ln m H N lO r Ln OI Ln O H N M d'OI N H Ln ;v Ln r P- U N O O O O r-I H N IzN w Ol r r r r D w H N O O O O O Ln O r M OD OD O 0 40 W rxa I .-- N N NN N N N N N M M M M M Mcl1d11wwwk.0wwr" OD 00 0000 H W I al H COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of ebruary 25, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Adopt Ordinance 1611 ordinance BY: Sheila Cartney BY: vacating drainage and utility easements DATE: February 20, 2013 BACKGROUND: The request is to vacate drainage and utility easements over Outlot B Grand Central Lofts Second Addition for the new plat of Cottages at Grandview. The Planning and Zoning Commission held a Public Hearing on February 5,2013 for a Site Plan Review and Preliminary and Final Plat for Cottages at Grandview. The proposal reduces 11 townhome lots down to 9 small detached single family lots. The Planning and Zoning Commission recommended approval. The City Council reviewed the Preliminary and Final Plat along with the easement vacation at their February 11, 2013 meeting. The Council approved the Preliminary and final plat and scheduled the second reading of the easement vacation. RECOMMENDATION: Staff recommends the easement vacation as written in ordinance 1611. RECOMMENDED MOTION: MOTION: Move to waive the reading of Ordinance 1611, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1611, being an Ordinance vacating drainage and utility easements over Outlot B Grand Central Lofts Second Addition. Attachments:Ordinance 1611 COUNCIL ACTION: 78 ORDINANCE NO. 1611 BEING AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT B GRAND CENTRAL LOFTS SECOND ADDITION The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of Outlot B Grand Central Lofts Second Addition over, across, and under the following described property, to wit: That part of the drainage and utility easements dedicated in the plat of Grand Central Lofts Second Addition, Anoka County, Minnesota, lying within that part of Oulot B, said Grand Central Lofts Second Addition lying north of a line parallel with and distant 5.10 feet north of the most southerly line of said Outlot B, lying sough of a line parallel and distant 70.64 feet west of the most easterly line of said Outlot B and lying east of a line parallel with an distant 160.64 feet west of said most easterly line and that part of said Oulot B, lying north of a line parallel with and distant 320.10 feet north of most southerly line of said Outlot B, lying sough of a line parallel with and distant 70.46 feet west of the most easterly line of said Outlot B and lying east of the west line of Lot 1, Block 4, said Grand Central Lofts Second Addition and the northerly and southerly extensions of said west line. Section 2: The vacation of Outlot B described above shall be subject to the following condition: [None at this point] Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: February 11, 2013 Second Reading: February 25, 2013 Date of Passage: Offered by: Seconded by: Roll Call: Mayor-Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 77