HomeMy WebLinkAbout12/09/2013 Regular OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY,DECEMBER 9,2013
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM
ON MONDAY,DECEMBER 9,2013 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 7:00 PM.
Members Present: Mayor Peterson, Councilmember Williams, Councilmember Diehm,
Councilmember Schmitt, and Councilmember Nawrocki.
Members Absent: None
Staff Present: City Manager Walt Fehst, Assistant to City Manager/HR Director Linda Magee, Fire
Chief Gary Gorman, Finance Director Joe Kloiber, Assistant Community Director Joe Hogeboom,
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
City Clerk Leonhardt asked that there be two corrections made under the Consent Agenda items.
First under Item A, the City Council Meeting Minutes of November 25, 2013, page 11, Item 8, 3rd
paragraph, that the date of the Executive Session was noted as December 9th and it should be
December 2nd. Secondly, under item C, on the November 2014 calendar it has Monday,November
I 01h is listed as a holiday with the Council meeting being moved to Tuesday, November 11"', when
in fact, Veteran's Day is Tuesday,November 11th and City offices will be closed that day, so the
City Council meeting will remain as normally scheduled on Monday,November 10
4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION, ANNOUNCEMENTS, GUESTS
Nawrocki indicated he went to the Northstar Advisory Committee meeting and they indicated they
are adding more riders. They are also adding Wi-Fi onto one of the trains. Nawrocki informed the
Council that it is still costing a lot of money as the subsidy to the system is costing between $18-$19
per rider. Nawrocki stated he has information on the project if anyone is interested they should
contact him.
5. CONSENT AGENDA
Councilmember Nawrocki asked that the City Manager give more detailed information on items D,
E, F, G, H, 1, J, and K on the Consent Agenda.
City Manager Fehst indicated he would give more detailed information on these items as he went
through the consent agenda items.
A. Approve City Council Meeting Minutes of November 25, 2013
MOTION: Move to approve the City Council Meeting Minutes of November 25, 2013.
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B. Accept Boards and Commission Meeting Minutes
MOTION: Move to Accept the Planning and Zoning meeting minutes of June 18, 2013.
MOTION: Move to Accept the Planning and Zoning meeting minutes of December 3, 2013.
MOTION: Move to Accept the EDA meeting minutes of August 5, 2013.
MOTION: Move to Accept the EDA meeting minutes of September 9, 2013.
C. Approve 2014 City Council Meeting Calendar
MOTION: Move to approve the 2014 City Council Meeting Calendar as submitted.
D. Adopt Resolution 2013-114, Regarding 2013-2014 LELS Labor Agreement—Ser eg ants
MOTION: Move to waive the reading of the resolution, there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2013-114, regarding the Labor Agreement between the
City of Columbia Heights and Law Enforcement Labor Services, Local 342, for calendar years
2013 and 2014.
Fehst stated this falls within the parameters that the Council gave staff at the last work session.
It does recognize the wages are increased by 2% this year with a kicker that starts May 1St and a
kicker December 1 st and an adjustment of 2% in January 2014 and a 2% increase in July 2014 to
recognize the differential that had been increased because of increases to the police contract for
policeman and try and reestablish that differential.
E. Authorize School Liaison Officer Contract with CH School District for 2014
MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement
with Columbia Heights Public Schools for the provision of a Police School Liaison Officer
program as stipulated in the Joint Powers Agreement for the period of January 1 through
December 31, 2014.
Fehst explained this is a contract that we do with the school district to place an officer in the
middle school and the high school. Nawrocki asked how much time the officer puts in at the
school and why we are only charging for half time. Fehst stated this is for this year and for next
year. Nawrocki indicated we are charging them for half of the time and he would like a better
explanation of how the City is charging for the use of the Liaison Officers.
F. Approve Resolution No. 2013-113,being a Resolution establishing_various compensation rates
for the Columbia Heights Fire Department Paid-on-Call division effective January 1, 2014.
MOTION: Move to waive the reading of Resolution No.2013-113, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2013-113, being a Resolution establishing various
compensation rates for the Columbia Heights Fire Department Paid-on-Call division effective
January 1, 2014.
Fehst stated the officers have not received an increase since 2008. Nawrocki asked if the increase
in rate affects the pension rate they receive. Fehst indicated no, it does not.
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G. Adopt Resolution 2013-111, adopting the Anoka County Multi-Jurisdictional Hazard Mitigation
Plan.
MOTION: Move to waive the reading of Resolution No. 2013-111, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2013-111, adopting the Anoka County Multi-Jurisdictional
Hazard Mitigation Plan.
Fehst informed the Council this is a County plan and he talked to Chief Gorman about some of
the items and Gorman indicated he talked to the County and he emailed the responses he
received to Councilmember Schmitt and to Fehst. Fehst continued it is necessary to be a part of
this plan for if and when we have an emergency in order to get reimbursed for those
emergencies.
H. Adopt Resolution 2013-112,being a resolution updating the income limit for senior citizen
utility rates.
MOTION: Move to waive the reading of Resolution 2013-112, there being ample copies
available to the general public.
MOTION: Move to adopt Resolution 2013-112, being a resolution updating the income limit for
senior citizen utility rates.
Fehst stated this is a resolution that is done on an annual basis.
I. Adopt Resolution 2013-105 establishing senior citizens or retired & disabled persons hardship
special assessment deferral
MOTION: Move to waive the reading of Resolution No. 2013-105, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2013-105, being a resolution establishing a new
maximum income of$33,000 for Senior or Retired and Disabled Persons to be eligible for
special assessment deferral.
Fehst indicated this recognizes that if you are below the income limit of$33,000, you would be
eligible for a special assessment deferral.
J. Adopt Resolution 2013-116 to Receive Petition and Order the Preparation of a Feasibility Report
for Storm Drainage Improvements
MOTION: Move to waive the reading of Resolution 2013-116, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2013-116, being a resolution receiving the petition and
ordering preparation of a report for storm water drainage improvements in the area north of 43rd
Avenue, between Benjamin and Arthur Streets.
Fehst stated this was for approximately four residents that needed improvements on their storm
drainage areas. This will allow the City to do a study in order to get an estimate of costs to do
the project. Once we receive these estimates, we can determine if it is feasible to do the repairs,
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determine the costs to do these improvements, and then we would set a public hearing.
K. Adopt Resolution 2013-115,being a Resolution Accepting Bids and Awarding the Contract for
2013 Sanitary Sewer Lining, City Project No. 1304, to Insituform, LLC
MOTION: Move to waive the reading of Resolution 2013-115, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2013-115, being a resolution accepting bids and awarding
the contract for 2013 Sanitary Sewer Lining, City Project No. 1304 to Insituform Technologies
USA, LLC, of Chesterfield, Missouri based upon their low, qualified, responsible bid in the
amount of$122,524 with funds to be appropriated from Fund 652-51304-5185; and,
furthermore, to authorize the Mayor and City Manager to enter into a contract for the same.
Fehst indicated we have worked with Insituform on many occasions and staff is requesting to
have them do the work of fixing the pipes that have cracks in them. Fehst stated this is a less
expensive way of repairing them as opposed to digging down and breaking up the road. The
City has been doing it this way for quite a while and it seems to be working.
L. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for December 9,
2013.
M. Payment of Bills
MOTION: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has
received the list of claims paid covering check number 150346 through 150499 in the amount of
$3,626,434.78.
Motion by Williams, seconded by Diehm, to approve the Consent Agenda. Upon Vote: All ayes.
Motion carried.
Nawrocki asked what the meeting date in November would be. Fehst responded that it would be
back to the l Otl'
6. PUBLIC HEARINGS
A. Adopt Resolution No. 2013-117, being a Resolution approving a site plan for a new restaurant
located at 4001 University Avenue NE
Motion by Diehm, seconded by Williams, to waive the reading of Resolution No. 2013-117,
there being ample copies available to the public. Upon Vote: All ayes. Motion Carried.
Motion by Diehm, seconded by Williams, to adopt Resolution No. 2013-117, being a resolution
approving a site plan for a new restaurant located at 4001 University Avenue NE., subject to the
conditions outlined in the resolution.
Assistant Community Director Joe Hogeboom informed the Council that the property owner
originally submitted plans for a gas station, but he has had some financial issues and has now
decided to build a restaurant. The applicant would like to open by this coming spring. The
proposed restaurant does meet the zoning requirements. It would be Greek/Palestinian food
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served in a deli/cafeteria style. They are proposing an outdoor patio on the site. It does have
enough outdoor parking, which would be thirty spaces. There are currently two access points to
this property on 40th and the Planning and Zoning Commission is recommending that the one
closest to University be closed. The entrance off the frontage road along University will remain
open as well. The row of windows on the second floor would be removed. Hardy board would
be recommended for the siding. Staff looked at the request of the outdoor patio in further detail
as there are adjacent residential properties and staff recommended limited hours of operation for
the outdoor patio. On December 3rd there was a public hearing and several residents were in
attendance and the main concern was for noise, screening, and parking issues. Planning
Commission did vote 4:1, with one member abstaining from voting.
Nawrocki stated the parking would be critical and he noted that 40t" and 4"' street are already full
with cars. He asked why the Planning Commission was requiring the owner take out the drive
up telephone.
Hogeboom stated that it is not functional now and is not needed. Nawrocki replied that he feels
with drive up telephones becoming a thing of the past, it may be nice to keep this one for
residents that are in need of a drive up phone. He then asked what hardy board was. Peterson
responded by saying that it is a type of cement board. Nawrocki indicated that the fencing
looked pretty bad now and wanted to know if it would be replaced and would it be six or eight
feet in height. Hogeboom stated the applicant stated he is intending to replace it, but if it is
higher than six feet the applicant would need to apply for a variance and come back before the
Planning and Zoning Commission to have it approved. Nawrocki stated he feels it should be a
fence of eight feet in height that is placed there, as that is what was required when it was
originally built. He then asked if the fence was going to come back before the Council.
Hogeboom replied if it is eight feet it would need to come back to the Council, but not if it is six
feet or lower. At the Planning and Zoning meeting it was discussed with the applicant on what
an eight foot fence would do with helping maintain some of the noise level as well has what it
would look like. The Commission recommended that the owner go back and meet with the
neighbors that are most closely affected by the project to see what their thoughts were. City code
requires a fence of six feet or vegetative screening with leaves on it at least 80% of the time.
Peterson recalled that the neighbors wanted a combination of a six foot fence and trees or
vegetation and did not want an eight foot high fence. Councilmember Schmitt added that the
resolution states that the fence will be repaired and wanted to know what "repaired" means.
Councilmember Diehm stated it has to be brought up to code. Peterson clarified that in order to
repair it, they may have to take it down and replace it.
Mayor Peterson asked if there were any residents here that wanted to discuss this matter.
Joan Dobbs, 4024 4"' Street, indicated they have not seen the owner since he attended the
Planning and Zoning Commission meeting and he did not contact them after the meeting. Dobbs
continued to say, if the owner is willing to do an eight foot fence that would make us feel more at
ease, since it has taken so long from the time the building was taken down to where it is now.
There are concerns currently about not enough parking with people that go to Sarna's and the
Hookah Lounge and feels that extra parking spaces should be made to accommodate the
restaurant. Neighbors are concerned with the noise, congestion, and the overall safety of the area
if you add in another business that has more outdoor seating space. Dobbs would like to see the
increase in height requirements for the fence put in writing. City Attorney Hoeft indicated we
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can only enforce what the City code allows us to do now, which is a six foot fence as this
proposed use is an allowable use and does not require a conditional use permit. If the owner
wants to have an eight foot fence, he would have to come in and apply for a conditional use
permit. Diehm clarified that if they were applying for a conditional use permit we could add this
as a reasonable condition,but since it is an allowable use, we cannot require them to add this.
Peterson asked if it was not true that the petroleum company was not receptive to the owner
putting a gas station there with one of the access points to the building being closed, therefore the
gas company was not willing to partner with him. Hogeboom replied this was correct. Nawrocki
inquired as to what happened to their request for a grocery store and what the upper level of the
building would be used for. Hogeboom replied the applicant is proposing a deli/restaurant
instead of the store and the upper level would be for storage. Nawrocki asked if they could
expand and use it for restaurant seating in the future. Hogeboom indicated they would not be
able to do this. Nawrocki indicated he would like to see what the height requirements were for
the fence when the building was first built. Hoeft responded what was required back then is not
legally relevant now. Peterson conveyed that he has met with the owner and the neighbors and
he will see if something can be worked out.
Mayor Peterson closed the public hearing at 7:45PM
Upon Roll Call Vote: Schmitt; aye, Williams; aye, Diehm; aye, Nawrocki; abstain, Peterson; aye.
4 ayes: 1 abstention. Motion Carried.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
Adopt Resolution 2013-103,being a resolution adopting a budget for the year 2014, setting the
City Levy, and approving the HRA Levy.
Fehst stated this is the last year of our five year financial plan and we will be presenting another
five year plan in the future. We would like to recognize that the legislature did in fact increase
our state aid subsidy by$500,000 along with a substantial increase in our area wide fiscal
disparities. Because of these aid increases, our original proposed levy increase of 3.8% ended up
with a net result of an average decrease in taxes of 6.5% for our residents. Fehst also reminded
the Council that our HRA levy was $183,000, which again is a half of a percent down from last
year and is the sixth consecutive year that our HRA levy has had a decrease.
The direction we gave our department heads was to stay within a 2% increase for our cost of
living increase and they all came within this amount. The one time mandate of becoming tax
exempt does not affect us very much at this time because we are not building anything at this
time. We are asking Council to act on the library levy of$784,000 and it does include the
expenses and revenue changes we made, the most significant one, recognizing the bond
payments we are doing to underwrite the cost of the 2006 bond for the Public Safety building,
and it also acknowledges the change for Out-of-Town Travel line item in the Mayor and Council
budget if there is a need to become more involved politically to save elderly housing at Parkview
Villas we may need to travel to Washington.
Fehst recognized an article in the December 8t"paper that stated we pay the least amount of
property taxes in the 80 cities for the median household and among the 80 households we have
the third largest reduction in taxes being 12.6%.
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Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2013-103, there
being ample copies available to the public. Upon Vote: All ayes. Motion Carried.
Nawrocki stated that the Council has removed nothing from the budget,but has moved some
things from this year to next year. He asked where the money for travel was moved from. Fehst
stated it was moved from the contingencies to out-of-town travel. Kloiber clarified that $3,600
was reclassified within the Mayor/Council budget into out-of-town travel. Nawrocki stated that
we took that out of the budget along with food and we should have kept that in.
Councilmember Diehm called Point of Order.
Nawrocki continued to say that property taxes between 2003 and 2012 almost doubled in
Columbia Heights and the debt has almost quadrupled.
Peterson called Point of Order.
Kloiber stated that the way that Nawrocki is stating his point is well meant but misleading.
Today you adopt a levy amount unique to your City.
Peterson called Nawrocki Out of Order.
Motion by Diehm, seconded by Williams, to adopt Resolution 2013-103,being a resolution
adopting a budget for the year 2014, setting the City Levy, and approving the HRA Levy. Upon
Roll Call Vote: Schmitt; aye, Williams; aye, Diehm; aye, Nawrocki; nay, Peterson; aye. 4 ayes;
1 nay. Motion Carried.
B. Bid Considerations
C. New Business and Reports
8. ADMINISTRATIVE REPORTS
Report of the City Manager:
Fehst informed the Council we will not have a work session on January 6th and would suggest that
we instead meet at 5:45PM on Monday, January 13th prior to our regular meeting.
Nawrocki indicated he went by 4911 University Avenue and it was cleaned up,but he thinks they
may need additional pick up dates. He was glad to see it was picked up and hopes it stays that way.
Nawrocki asked if there was any more follow up on the copper from the light poles. Fehst stated we
did the follow up that was requested. Nawrocki wanted to know if they were replacing the copper
wires that were stolen.
Schmitt asked about adding to the January's agenda, the possibility of getting a Green Core member
to share with the school district. Fehst indicated we could talk to Kathy Kelly and see if we can
work together in getting someone.
Nawrocki talked to someone at Medtronics and he got an address for Earl Bakken and asked staff to
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draft a letter to him about getting some help with building a library and he would be happy to sign it.
Report of the City Attorney:
Hoeft indicated he did not have anything to report at this time.
Peterson wanted to thank staff and all the departments for all their hard work and stated that
Columbia Heights is a better place than it was a year ago. He believes that Public Works has worked
really hard with him on the statue. He thanked staff for the work they did on the budget and asked
them to take it back to their staff that Council appreciates all the work they do.
9. CITIZENS FORUM
Catherine Vesley, Library Board Member, wished the Mayor and Councilmembers a happy holidays
on behalf of the Library Board. Vesley invited everyone to come see the National Lampoons
Christmas Vacation at the Heights Theater at 1:30PM on Sunday, December 15th. Vesley also
stated she supports councilmember Diehm's comments on our property values declining and we to
have to look forward to do some progressive and interesting things to get people interested in our
community.
Peterson wished everyone a Merry Christmas and Happy New Year. Please remember SAGA
during this time of the year and the Lions are having a fundraiser on Friday night at Murzyn Hall
they are having a wrestling match. Don't forget your service men and women; keep them in
thoughts and prayers.
10. ADJOURNMENT
Peterson adjourned the meeting at 8:25PM
Tori Leonhardt
City Clerk/Council Secretary
Resolution 2013-103
RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2014, SETTING THE CITY LEVY
AND APPROVING THE HRA LEVY
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of
Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2014 is hereby approved and
adopted with appropriations for each of the funds listed below.
Expense
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General Fund 11,231,718
Community Development Fund 234,334
Economic Development Fund 272,332
State Aid 187,839
Cable Television 104,931
Library 810,143
Infrastructure 145,064
Capital Improvement 1,022,599
Capital Equipment Replacement Funds 107,850
Construction Funds 1,895,000
Central Garage Fund 725,463
Liquor Operating 8,636,500
Liquor Capital/Non-Operating 583,386
Water Utility Fund 2,785,737
Sewer Utility Fund 2,235,125
Refuse Fund 1,860,513
Storm Sewer Fund 495,214
Data Processing 329,385
Debt Service Fund 2,120,180
Total Expense Including Interfund Transfers 35,783,313
Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all
funds, including general ad valorum tax levies and use of fund balances, as hereinafter set forth for
the year 2014.
Revenue
General Fund 11,231,718
Community Development Fund 234,334
Economic Development Fund 272,332
State Aid 187,839
Cable Television 104,931
Library 810,143
Infrastructure 145,064
Capital Improvement 1,022,599
Capital Equipment Replacement Funds 107,850
Construction Funds 1,895,000
Central Garage Fund 725,463
Liquor Operating 8,636,500
Liquor Capital/Non-Operating 583,386
Water Utility Fund 2,785,737
Sewer Utility Fund 2,235,125
Refuse Fund 1,860,513
Storm Sewer Fund 495,214
Data Processing 329,385
Debt Service Fund 2,120,180
Total Revenue Including Interfund Transfers 35,783,313
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Section C. The following sums of money are levied for the current year, collectable in 2014 upon the
taxable property in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy 8,328,896
Estimated Library Levy 784,770
Estimated EDA Fund Levy 84,000
Total 9,197,666
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and
Redevelopment Authority Tax Levy for the fiscal year 2014 in the amount of$183,887.
BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for
taxes payable in the year 2014 that is higher than the tax rate calculated for the City taxes levied in
2012 collectable in 2013.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond
principal and interest payments on General Obligation Bond Series 2006A in the amount of$99,202
and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes
payable 2014.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond
principal and interest payments on General Obligation Bond Series 2008B in the amount of
$300,000 and that the County Auditor is authorized to cancel $300,000 of the related Bond Levy for
taxes payable in 2014, leaving a balance of$357,087 to be levied for taxes payable in 2014 for
Series 2008B.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond
principal and interest payments on General Obligation Bond Series 2009A in the amount of$3,803
and that the County Auditor is authorized to cancel $3,803 of the related Bond Levy for taxes
payable in 2014, leaving a balance of$225,854 to be levied for taxes payable in 2014 for Series
2009A.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County
Auditor of Anoka County, Minnesota.
Approved this 9th day of December 2013.
RESOLUTION NO. 2013-105
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
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AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
WHEREAS, immediate payment of special assessments or installments on special assessments cast
an undue hardship on some persons owning homestead properties who are 65 years of age or older
or retired by virtue of a permanent and total disability for whom it would be a hardship to make
payments, and
Whereas, Minnesota Statutes 435.193 —435.195 makes it possible for a home rule charter city to
pass a resolution establishing standards and guidelines for determining the existence of a hardship
and for determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS:
1. This deferral procedure shall apply only to assessments which are payable in five or more annual
installments.
2. This deferral procedure shall apply only to property owned and occupied by the elderly,retired, or
disabled applicant. Ownership and occupancy must be the same nature as would qualify the
applicant for a homestead exemption for tax purposes.
3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or
older or retired by virtue of a permanent and total disability for whom it would be a hardship to
make payments. Permanent and total disability shall have the same definition for purposes of
assessment deferral as is used for social security purposes.
4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the
basis of exceptional and unusual circumstances not covered by the standards and guidelines herein
so long as determination is made in a nondiscriminatory manner and does not give the applicant an
unreasonable preference or advantage over other applicants.
5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms
prescribed by the City Clerk.
6. The option of the homeowner to defer the payment of special assessments shall terminate and all
amounts accumulated plus applicable interest shall become due and payable upon the occurrence of
any of the following events:
a. the death of the owner, provided that the spouse is not otherwise eligible for benefits
hereunder;
b. the sale, transfer or subdivision of the property or any part thereof,
C. if the property should for any reason lose its homestead status; or
d, if for any reason the City shall determine that there would be no hardship to require
immediate or partial payment.
7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty
(30) days after adoption of the assessment by the Council.
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8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a
timely manner, the balance of the annual installment along with all future installments shall become
immediately due and payable.
9. No deferral shall be granted to any owner who has a gross annual household income from all sources
in excess of$33,000.
10. No deferral may be continued from year to year unless the owner shall file a renewal application
before September 15th of each year.
11. No special assessment may be deferred for a period longer than the time set by the Council as the
time over which the project is to be assessed.
12. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the
assessment roll, and such interest shall be added to the amount deferred and shall be paid in
accordance with Minnesota Statute 435.195 and this Resolution.
Dated this 9th day of December, 2013.
RESOLUTION 2013-111
RESOLUTION TO ADOPT
THE ANOKA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
WHEREAS, the State of Minnesota has ordained that every county and incorporated municipality in the
state is required to have a Hazard Mitigation Plan approved by the Minnesota Department of Homeland
Security and Emergency Management, to maintain eligibility for state disaster assistance after November
2004; and
WHEREAS, the Federal Emergency Management Administration (FEMA) under the Disaster Mitigation
Act of 2000 has ordained that every county and incorporated municipality within the county is required to
have a Hazard Mitigation Plan approved by FEMA in order to be eligible for Hazard Mitigation Grant
Program Funding for Presidential disasters declared after November 2004; and
WHEREAS, under the Disaster Mitigation Act of 2000, the Federal Emergency Management Agency
(FEMA) has issued an Interim Final Rule that details the minimum criteria for local hazard mitigation plans;
and
WHEREAS, the City of Columbia Heights agrees with the concept of and necessity for hazard mitigation
planning; and
WHEREAS, The Anoka County Hazard Mitigation Planning Committee recommends the adoption of the
Anoka County Multi-Jurisdictional Hazard Mitigation Plan and;
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Monday,December 9,2013
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WHEREAS, the Minnesota Department of Homeland Security and Emergency Management and the
Federal Emergency Management Agency have conducted a review of and approved the Anoka County
Multi-Jurisdictional Hazard Mitigation Plan;
NOW THEREFORE, we, the City of Columbia Heights Council, hereby adopt the Anoka County Multi-
Jurisdictional Hazard Mitigation Plan as submitted.
Dated this 9th day of December 2013.
RESOLUTION NO. 2013—112
UPDATE INCOME LIMIT FOR
SENIOR CITIZEN UTILITY RATES
WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for
refuse service, sewage disposal, storm water and water supply; and
WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows:
That anyone over 62 years of age with a maximum household income of$33,000 will be
eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2014.
Passed this 9th day of December, 2013
RESOLUTION NO. 2013-113
BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES
FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT
PAID-ON-CALL DIVISION
LEVEL STATION DUTY & DRILLS FIRE CALLS
Appointment to Paid-on-Call
Division (possession of, or $7.25 $7.25
attainment of EMT license)
Attainment of Firefighter I & II $9.52 $11.21
certification and completion of in-
City Council Meeting Minutes
Monday,December 9,2013
Page 14 of 20
house training
Completion of one year $11.20 $14.39
probationary period
Fire Motor Operator differential $1.50 $1.50
Lieutenant differential $2.00 $2.00
Adjustments effective January 1, 2014
Passed this 9th day of December, 2013, in the City of Columbia Heights.
RESOLUTION 2013-114
REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS
AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 342, POLICE SERGEANTS
WHEREAS, negotiations have proceeded between Law Enforcement Labor Services (LELS), Local
342, representing Police Sergeants of the City, and members of the City 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 said contract is available for
inspection at the Office of the City Manager and is made a part hereof by reference;
NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated,be and is
hereby established as the salary and fringe benefit program for calendar years 2013 and 2014 for
LELS, Local 342-Police Sergeants,bargaining unit employees of the City; and
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this
agreement.
Passed this 91h day of December, 2013.
City Council Meeting Minutes
Monday,December 9,2013
Page 15 of 20
December 3,2013
CITY OF COLUMBIA HEIGHTS
PROPOSAL TO LAW ENFORCEMENT LABOR SERVICES
(LOCAL 342)
POLICE SERGEANTS
1. ARTICLE XI INSURANCE
11.1 The EMPLOYER will contribute up to a maximum of eight hundred and thirty-five
dollars($835)per month per(permanent and probationary full-time)employee for group
health and group dental,including dependent coverage,life,and long-term disability
insurance for calendar year 2013.
11.2 The EMPLOYER will contribute up to a maximum of eight hundred and sixty-five
dollars($865)per month per(permanent and probationary full-time)employee for group
health and group dental,including dependent coverage,life,and long-term disability
insurance for calendar year 2014.
11.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense
for any additional insurance than the individual group health,group life,and group dental
insurance.
11.4 Additional life insurance can be purchased by employees at the employee's expense to
the extent allowed under the EMPLOYER'S group policy.
2. ARTICLE XIV HOLIDAYS
In lieu of holidays,employees shall be paid twelve(12)eight-hour days per year. Employees
required to work on any of the following nine holidays:
New Year's Day,Presidents' Day,Easter,Memorial Day,Fourth of July,Labor Day,
Thanksgiving Day,Christmas Eve Day,and Christmas Day
shall receive an additional one-half time for each hour they work on a holiday.
Effective January 1,2014,in lieu of holidays,employees shall be paid(12)eight-hour days per year.
Employees required to work on any of the following twelve holidays:
New Year's Day,Martin Luther King Day,Presidents' Day,Easter,Memorial Day,
Fourth of July,Labor Day,Veterans Day,Thanksgiving Day,Day After Thanksgiving,
Christmas Eve Day,and Christmas Day
shall receive an additional one-half time for each hour they work on a holiday.
3. ARTICLE XIX WAGE RATES
19.1 Effective May 1,2013: Effective December 1 2013:
Entry: $6,524 per month Entry: $6,589 per month
After 1 year: $6,726 per month After I year: $6,793 per month
19.2 Effective January 1,2014: Effective July 1,2014:
Entry: $6,721 per month Entry: $6,856 per month
After 1 year: $6,929 per month After I year: $7,068 per month
City Council Meeting Minutes
Monday,December 9,2013
Page 16 of 20
December 3,2013
19.3 As a form of additional compensation,the City will contribute$1 per permanent and
probationary full-time employee toward a city-sponsored deferred compensation program
for every$1 contributed by such employee toward such city-sponsored deferred compen-
sation program. Such employer contribution will not exceed$425 for calendar year
2013,and$425 for calendar year 2014.
4. ARTICLE XXI OVERTIME
21.7 Training shall be paid at straight time. Department meetings shall be paid as follows:
Designated training portion: Straight time
Designated Department Meeting portion: One and one-half times the employee's
regular base rate
Department meetings do not qualify for the two hour minimum under Article XX.
Effective January 1, 2014, training and/or department meetings scheduled during an employee's
scheduled off-duty hours shall be paid at one and one-half(1 ''/z)times the employee's regular base
pay rate.
A change to an employee's scheduled shift to attend trainings and/or department meetings does not
qualify an employee for time and one-half.
5. ARTICLE XXII COURT TIME
An employee who is required to appear in Court during his/her scheduled off-duty time shall receive
time and one-half(1 ''/2)for all hours spent making the Court appearance with a minimum of two(2)
hours pay at one and one-half times(1 ''/z)the employee's base pay rate. An extension or early
report to a regularly scheduled shift for Court appearance does not qualify the employee for the two
(2)hour minimum.
Effective January 1,2014,an employee who is required to appear in court during his/her scheduled
off-duty time shall receive time and one-half(1 '/z)for all hours spent making the Court appearance
with a minimum of three(3)hours pay at one and one-half times(I Y2)the employee's base pay rate,
An extension or early report to a regularly scheduled shift for Court appearance does not qualify the
employee for the three(3)hour minimum..
For Anoka County Attorney's Office cases,when a Police Sergeant is off duty and has been notified
that his or her testimony may be necessary,the Police Sergeant shall receive two hours of standby
compensation at straight time(to be paid or taken as compensatory time at the Sergeant's election)
for each day that he or she is to continue calling for instructions.
Maximum accumulation of compensatory time,however earned,cannot exceed 36 hours.
6. ARTICLE XXV DURATION
This AGREEMENT shall be effective as of January 1,2013,except as otherwise noted,and shall
remain in full force and effect until the thirty-first day of December,2014.
City Council Meeting Minutes
Monday,December 9,2013
Page 17 of 20
RESOLUTION 2013-115
RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR 2013 SANITARY SEWER LINING, CITY PROJECT NO. 1304,
TO INSITUFORM TECHNOLOGIES USA, LLC.
WHEREAS, pursuant to an advertisement for bids for City Project No. 1304, Sanitary Sewer Lining bids
were received, opened and tabulated according to law. The following bids were received complying with
the advertisement:
Bidder Base Bid
Insituform Technologies USA, LLC $122,524.00
Visu-Sewer, Inc. $129,828.75
Michels Corporation $140,198.00
Veit & Company, Inc. $170,868.75
Lametti & Sons, Inc. $188,555.00
WHEREAS, it appears that Insituform Technologies USA, LLC of Chesterfield, Missouri 63005 is the
lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with
Insituform Technologies USA, LLC in the name of the City of Columbia Heights, for the 2013
Sanitary Sewer Lining, City Project No. 1304, according to plans and specifications therefore
approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits
made with their bids except the deposit of the successful bidder and the next lowest bidder shall be
retained until the contract has been signed.
3. City Project No. 1304 shall be funded from the Sanitary Sewer Construction Fund.
Passed this 9'1' day of December, 2013.
RESOLUTION NO. 2013-116
BEING A RESOLUTION RECEIVING PETITION AND ORDERING PREPARATION OF
REPORT
WHEREAS, a petition for storm water drainage improvements in the area north of 43d Avenue,between
Benjamin and Arthur Streets has been submitted to the City; and
City Council Meeting Minutes
Monday,December 9,2013
Page 18 of 20
WHEREAS, the City Council intends to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as
amended), and Section 103B.201 to 103B.251, as follows:
Drainage Area: North of 43rd Avenue between Benjamin and Arthur Streets
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA:
1. A certain petition requesting storm water drainage improvements in the area north of 43d Avenue
between Benjamin and Arthur Streets, filed with the Council December 9, 2013, is hereby declared to
be signed by the required percentage of owners of property affected hereby. This declaration is made in
conformity to Minn. Stat 429.035.
2. That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he
is instructed to report to the Council with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvements are necessary, cost effective, and feasible, and as to
whether it should best be made as proposed or in connection with some other improvement, the
estimated cost of the improvement as recommended and a description of the methodology used to
calculate individual assessments for affected parcels.
Passed this 9"' day of December, 2013.
RESOLUTION NO. 2013-117
RESOLUTION OF THE APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW
RESTAURANT AT 4001 UNIVERSITY AVENUE WITHIN THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2013-1201) has been submitted by Louie Abuhkader, to the City Council
requesting a site plan approval from the City of Columbia Heights at the following site:
ADDRESS: 4001 University Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction
of a new restaurant building located at 4001 University Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
December 3, 2013;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light,
air, danger of fire, and risk to public safety in the surrounding areas; and
City Council Meeting Minutes
Monday,December 9,2013
Page 19 of 20
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after
reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning
Commission:
1. The site plan conforms to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public
right-of-way.
FURTHER,BE IT RESOLVED that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree that this
permit shall become null and void if the project has not been completed within one (1) calendar yea l° after
the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
I. All application materials, maps/plans, drawings and descriptive information submitted with this
application shall become part of the permit.
2. Any new signage incorporated into the building or site shall meet the requirements of the 40t"
Avenue Design Guidelines District, and shall be approved through the Sign Permit process.
3. The memorandum from the Public Works Director/City Engineer, dated November 13, 2013, shall
be a component of this approval.
4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to
a width of 7 feet to better accommodate front vehicle overhang and pedestrian access.
5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior
to the issuance of a Certificate of Occupancy.
6. The location of the future gas meter shall be shown on all future plans.
7. The two proposed parking spaces adjacent to the patio area on the north side of the building shall not
be constructed, and shall be removed from future site plans.
8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as
surface runoff from the east side of the site.
9. The building shall be sprinkled.
10. Parking areas adjacent to residential properties shall be screened with fencing and/or landscaping
that is 80% opaque year round.
City Council Meeting Minutes
Monday,December 9,2013
Page 20 of 20
11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the
building.
12. The fence along the east side yard property line shall be repaired and made compliant with the City's
property maintenance standards.
13. The hours of operation of the outdoor patio are restricted from open-9 pm on Sundays through
Thursdays and open-10 pm on Fridays and Saturdays.
14. The Public Works Director would like a$5,000 Bond or cash deposit for Storm Water and Erosion
Control.
Passed this 9th day of December, 2013.