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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. City Council Meeting Minutes Monday,December 9,2013 Page 2 of 20 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. City Council Meeting Minutes Monday,December 9,2013 Page 3 of 20 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, City Council Meeting Minutes Monday,December 9,2013 Page 4 of 20 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 City Council Meeting Minutes Monday,December 9,2013 Page 5 of 20 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 City Council Meeting Minutes Monday,December 9,2013 Page 6 of 20 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%. City Council Meeting Minutes Monday,December 9,2013 Page 7 of 20 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 City Council Meeting Minutes Monday,December 9,2013 Page 8 of 20 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 City Council Meeting Minutes Monday,December 9,2013 Page 9 of 20 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 City Council Meeting Minutes Monday,December 9,2013 Page 10 of 20 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 City Council Meeting Minutes Monday,December 9,2013 Page 11 of 20 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. City Council Meeting Minutes Monday,December 9,2013 Page 12 of 20 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; City Council Meeting Minutes Monday,December 9,2013 Page 13 of 20 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.