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HomeMy WebLinkAbout02/11/2013 Regular 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 6"' 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. 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 Employees—Removed F. Adopt Resolution 2013-16 2013-2014 Salary and Fringe Benefit Adjustment for Non-Union Essential and Confidential Emplo ees - Removed G. Adopt Resolution 2013-19 Subordination of City Mortgage to Wells Faro 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 in the Minnesota GreenStep Cities Program Removed 1. 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 City roject 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. 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 I%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. 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 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 26t1' 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 0i. 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- 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; 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 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 $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. 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 building. Ted Wilebski, friend of Shamboli, stated Shamboli has lost over$100,000 worth of City Council Minutes Monday,February 11,2013 Page 10 of 16 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 property 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 To / eon rd , City Clerk/Council Secretary 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 City Council Minutes Monday,February 11,2013 Page 11 of 16 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. 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 11 th 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, City Council Minutes Monday,February 11,2013 Page 12 of 16 WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non-unionized essential and confidential employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2013 and 2014; and that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 1 Ith 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. City Council Minutes Monday,February 11,2013 Page 13 of 16 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 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 (CleanEnergy Resource Teams), to recommend municipal actions and policies that work toward meeting the State's greenhouse 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 11 th 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 City Council Minutes Monday,February 11,2013 Page 14 of 16 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 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 City Council Minutes Monday,February 11,2013 Page 15 of 16 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: 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 11 th 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 City Council Minutes Monday,February 11,2013 Page 16 of 16 a line parallel with an distant 160.64 feet west of said most easterly line and that part of said Outlot B, lying north of a line parallel with and distant 3 20.10 feet north of most southerly line of said Outlot B, lying south 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