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HomeMy WebLinkAboutSeptember 14, 2009OFFICIAL PROCEEDINGS CITY OF COLI3MBIA IIEIGIITS CITY COUNCIL MEETING SEPTEMBER 14, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 14, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mauro Souza, Church of All Nations, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed item C2 Board and Commission appointments, as the Council has not yet reviewed this. Nawrocki requested an update on the public safety building project, update on remaining work at University Avenue north of 40`" Avenue, an explanation of the letter on water testing, and the no parking signs in his area. Kevin Hansen, Public Works Director, stated that the University Avenue landscaping is a two year project and is still under warranty. We are having difficulty getting the contractor back in town. North of 45'" Avenue, they pulled the weeds and just left them.. Hansen stated the no parking signs are for the second sweeping after seal coating. PROCLAMATIONS. PRESENTATIONS. RECOGNITION. ANNOUNCEMENTS. GUESTS A. Bobby and Steve's Auto World Youth Foundation donation to the Immaculate Conception fence installation. Jeff Bahe, Bobby and Steve's Auto World Youth Foundation, presented a check far $3,266.69 to Immaculate Conception Church/School for a fence along Jackson Street. These funds came from the golftournalnent held this year. He listed sponsors of the event. Steve Smith from Immaculate Conception stated his appreciation for the concern of their youth and the funds donated. B. Library Board of Trustees -Fundraiser Cliff Shedlov, Library Foundation Board, indicated the Foundation will hold a spaghetti dinner fund raiser this Wednesday at Murzyn Hall, with a flat screen TV raffle. The annual movie fundraiser at Heights Theater will be held again this December. C. Celebrate Constitution Week 2009 -Anoka Chapter of the Daughters of the American Revolution (DAR) Mayor Peterson read the Proclamation. Glenda Meixell Regent, Anoka (DAR), accepted the Proclamation and gave the history of the Constitution. Regent was in period dress. Peterson listed the hours and charges at the new gymnasium and exercise room. Nawrocki stated the school is hiring two people to handle their gym. He suggested we work with them. Peterson stated they are part-time and there will only be one person available after 6:30 p.m. City Council Minutes Monday, September 14, ?409 Page 2 of 19 CONSENT AGENDA Williams requested to remove item N. Nawrocki requested to remove items F, G, H, and O. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve Minutes of the August 24, 2009 City Council meeting_ Diehm indicated minor corrections to the Council and P&Z minutes that will be handled administratively. Motion to approve the minutes of the August 24, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the June 23, 2009 minutes of the EDA. Motion to accept the September 1, 2009 minutes of the Planning and Zoning Commission. C. Adopt Resolution 2009-135, being a Resolution for approval of an 11-foot front yard average setback variance for a deck at 1201 45th Ave. Motion to waive the reading of Resolution 2009-135, there being ample copies available to the public. Motion to adopt Resolution No. 2009-135, approving an 11-foot front yard average setback variance for the construction of a deck at 1201 45th Avenue, subject to the conditions outlined in Resolution No. 2009-135. D. Approve Demolition Bid for 4618 Polk Street and 4636 Polk Street Fehst stated these were substandard bungalows in the Sheffield area. Three bidders were within $1,000 of each other. Motion to approve the demolition contract for Kevitt Excavating LLC, in the amount of $20,300 for properties located at 4618 Polk Street and 4636 Polk Street. E. Grant agreement with. ISD #13 for 21st Century Community Learning Centers Grant - Fehst stated this is a grant for the recreation department of $45,000 and the library of $12,000. Fehst listed programs that are run with these funds. Nawrocki asked if this is part of the expenditure budget now. Becky Loader, Library Director, stated the grant monies are used for programs not currently funded through the city budget. Motion to waive the reading of Resolution No. 2009-132, there being ample copies available to the public. Motion to adopt Resolution No. 2009-132, being a resolution authorizing Execution of Agreement with Independent School District #13. F. Approve Xcel Enemy Efficiency Project at Public Works: Main Floor Lighting -removed G. Approve Xce1 Enerav Efficiency Proiect at Library -removed H. Acceptance of a matching grant in the amount of $31,682.50 (each) for p1aY~round equipment in Huset West and Ramsdell Parks, totaling $63,365. -removed I. Approve transfer of funds from General Fund to Police Dept. Budget to reimburse Overtime Fund re: Detox transports Motion to transfer $420.00 received from Anoka County for partial reimbursement of costs City Council Minutes Monday, September 14, ?~09 Page 3 of 19 associated with detox transports from the General Fund to the Police Department 2009 Budget under line item 1020, Police Overtime. J. Approve transfer of funds from General Fund to Police Dept. Budget to reimburse Overtime Fund re: Off-Dut~ployment Assi nments Motion to transfer the $1.4,682.50 received from the Summer Academy, Sonic Restaurant, and Unique Thrift Stores from the General Fund to the Police Department 2009 Budget line item. 1020, Police Overtime. K. Approve Resolution 2009-136 being a Resolution establishing the Police Dept. Fee Schedule Motion to waive the reading of Resolution No. 2009-136, there being ample copies available to the public. Motion to adopt Resolution No. 2009-136 being a Resolution establishing a Police Department Fee Schedule. L. Establish a public hearinP to consider alley lighting Motion to establish Monday, October 12, 2009 at 7:00 p.m. as a Public Hearing for consideration of alley lighting behind 3906 2nd Street. M. Approval of the attached list of rental housing license applications. in that they have met the requirements of the Property Maintenance Code. Motion to approve the items Iisted for rental housing license applications for September 14, 2009. N. Approve Business License Applications -removed i>. Approve Payment of Bills -removed Motion by Kelzenberg, second by Diehm, to approve the Consent Agenda items with the exception of F, G, H, N, and O. Upon vote: All ayes. Motion carried. F. Approve Xcel Energy Efficienc~roject at Public Works: Main Floor Lighting Nawrocki questioned light sensitivity syndrome. Fehst stated a memo was distributed to answer this question. Light replacement should have no additional effect on these difficulties. Hansen stated that fluorescent lighting is the current lighting. Test areas were lit with the new lights and no such concerns were reported. 12 to 24 percent of the public can be disturbed by fluorescent lights. There are colored lenses that can be worn to reduce sensitivity. Motion by Williams, second by Kelzenberg, to approve the replacement of 33 400watt Metal Halide light fixtures with 33 high intensity fluorescent lights, with funding provided through the Public Works Central Garage budget, 701-49950-4000, under the Xcel Energy project as outlined by the Center for Energy and Enviromnent. Upon vote: All ayes. Motion carried. G. Approve Xcel Energy Efficiency Project at Library Motion by Kelzenberg, second by Williams, to approve the replacement of all lamps, nine exit signs, and three incandescent fixtures at the Library under the Xcel Energy project as outlined by the Center for Energy and Environment, and for financing to come from fund 411 (General Government Buildings). Nawrocki stated that the Library portion has not been budgeted. They have a separate budget and it should be part of that. This request calls for funding from General Government Buildings. The cost savings should. be remembered in the following years and the budget reduced proportionately. City Council Minutes Manday, September 14, 2009 Page 4 of 19 Motion by Nawrocki for funds to come from Library budget rather than the General Government building. Mayor Peterson called for a second. Motion died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Upon vote: All ayes. Motion carried. H. Acceptance of a matching_grant in the amount of $31,682.50 (each) for playground equipment in Huset West and Ramsdell Parks, totaling $63,365. Nawrocki asked if these were budgeted items. Hansen explained these are two carry over projects. Huset Park was planned. for 2008 and. Ramsdell Park was planned for 2009 and were part of the approved budget. Ramsdell was delayed due to budgetary considerations. The playgrounds were part of the entire park redevelopment at Silver Lake and Sullivan Parks. These grants are unique in that they are through Game Time with their equipment, in a 50/50 cost share. This was obtained on short notice and the grants are on a first come/first served basis. This would help us extend our park development funds. Nawrocki referred to Auto World's comment to donate funds for the play equipment. Hansen stated that discussion began the process, but there was no commitment from that foundation. This grant is "use it or lose it" and if we do not use it the funds will go to another city. Nawrocki felt the donation should be pursued. Playground equipment at the schools was also discussed and it was indicated the funds would be shared. Peterson stated that he met with Game Time equipment. This donation is fantastic. Peterson requested that a thank you letter for their contribution be sent to them. Motion by Diehm, second by Williams, to accept the grant for Huset Park West in the amount of $31,682.50, appropriating matching funds of $38,502.89 from the Park Development Fund 412, and furthermore authorize the Mayor and City Manager to enter into an agreement far the same. Upon. vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to accept the grant for Ramsdell Park in the amount of $31,682.50, appropriating matching funds of $38,502.89 from the Park Development Fund 412, and furthermore authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. N. Approve Business License Applications Motion by Diehm second by Kelzenberg, to approve the items as listed on the business license agenda for September 14, 2009 as presented. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson., aye. 4 ayes _. 1 abstention. Motion carried. O. Approve Payment of Bills Nawrocki stated that check 131760 is for Auto World. Motion by Nawrocki, second by Diehm to approve the payment of bills, with the exception of check 131760, out of the proper funds as listed in the attached register covering Check Number 131601 through Check Number 131818 in the amount of $1,474,726.32. Upon vote: All ayes. Motion carried. City Council Minutes Manday, Scptem~cr t4, 2flfl3 Page S of 19 Motion by Nawrocki, second by Diehm, to approve payment of check 131760. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2009-139, 4928 4th Street N.E., and 2009-140, 3809 Buchanan Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman. indicated revocation requests were for failure to schedule inspections, submit applications and pay fees. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-139, and 140 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-139, and 140 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2009-142, 1140-42 45th Avenue N.E., 2009-143, 1204-06 Cheery Lane N.E., 2009-144, 3961 Johnson Street N.E., and 2009-145, 4030 Quincy Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman listed the reasons for declaration of nuisance and abatement request for the properties. Motion by Williams, second by Diehm to close the public hearing and waive the reading of Resolution Numbers 2009-142, 143, 144, and 145, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2009-142, 143, 144, and 145, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2009-146, being a Resolution requesting consideration. of additional funding through the 2011 Metro Municipal Agreement Program Hansen stated this would support an application for Municipal Agreement funding for projects benefiting State highways. We are designing the pedestrian bridge, estimated at $3.2 to $3.4 million. The intent of this application is to further supplement pedestrian bridge funding. The estimate for funding would be up to $200,000. Federal funds can not be used for demolition. and part of the sidewalk. Nawrocki indicated that our taking over the bridge would relieve MnDOT from future maintenance of the bridge. Nawrocki stated he had asked how much state aid money was going to be used for these costs and asked what items are already committed for highway dollars this year, next year, and the following years. Hansen stated a report is in process, but not yet complete. Right now, our annual allotment of state aid is $535,000 with additional funds from the 2008 legislative action on gas tax. Our figure last year was increased about $30,000 and next year the projection is $120,000 additional. The gas tax is not generating as much as anticipated so the additional may only be $90,000. Nawrocki stated that 30 percent of that is supposed to go for City Council Minutes IVkcn~ay, Septernbe: 14, 2008 Page 6 of 19 general street maintenance in the community. Nawrocki stated his belief that we have already made some commitments from that money, which he requested a list of. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2009-146, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2009-146, being a Resolution supporting a request for the Municipal Agreement Program funding for the construction of the Gateway Pedestrian. Bridge over Central Avenue (TH 65) at 49th Avenue. Upon. vote: All ayes. Motion carried. 2. 1st Reading of Ordinances 1570 and 1571, being a Zoning and Municipal Code Amendment as they Relate to Smoke Shops Jeff Sargent, City Planner, referred to the May 26`h moratorium relative to smoke shops, with these ordinances being in response to that. He referred to the Minnesota Freedom to Breath Act (FBA), and referred to limiting smoking in smoke shops to sampling product, not to allow a smoking parlor. Staff recommended a zoning amendment disallowing smoking in smoke shops and to differentiate smoke shop sales from gas station type sales. At their September 1 Planning and Zoning (P&Z} meeting, the Commission agreed to allow a maximum of five smoke shops, but felt sampling should not be addressed. Staff is requesting approval of the P&Z recommendation along with additional language limiting the sampling area to 100 square feet and no more than two patrons sampling product at one time. Sargent explained the three options given for council consideration: 1. staff recommendation to prohibiting sampling and limit the number of shops to five, 2. P&Z recommendation of no limit to sampling and a limit of five stores, and 3. allow sampling within the size and number restriction of 100 square feet and two patrons sampling product. Nawrocki asked if sampling was not allowed how smoke shops would be different than other stores. Sargent stated businesses would be a smoke shop if more than 50 percent of their revenue was from tobacco sales. Williams asked if staff recommended the other options to the P&Z and if they turned them down. Sargent stated that with feedback from the P&Z the additional comments were added. Diehm asked if the two absent P&Z members gave their feedback on this. Sargent indicated Szurek indicated favorability before the item came to the Commission. Alex Bajwa, 3932 Longfellow Avenue, Minneapolis indicted he represents Hooka Kingdom and Hooka Paradise. The owners have not been informed of any complaints and have complied with the Freedom to Breath Act. The P&Z did not recommend any operation limitations. He asked that the City Council not support any recommendation other than the P&Z's recommendation. Kelzenberg asked Bajwa if he disagreed with the two patron sampling limit. Bajwa stated this goes far beyond the Freedom to Breath Act. Kelzenberg asked if there were already two patrons sampling product, if the next person would have to wait. Sargent explained the sampling procedure prior to purchase. We have no definition. of what sampling entails, i.e. time or purchase of product. We are trying to define the intent of the Freedom to Breath Act. Diehm stated the issue is if a group of 20 people are sampling for a one hour, can that be called sampling. Williams questioned the current number of smoke shops. Sargent stated we currently City Council Minutes Monday, SePte~iiber 14, L009 Page 7 of 19 have four shops. Peterson stated that the P&Z agreed to the five business limit and felt the County and State should police the Freedom to Breath Act. Deb Johnson, 4626 Pierce Street, questioned if the police have noticed any problems. Sargent stated that the Police Chief indicated there were blatant violations of the FBA, with 30 people smoking. Johnson stated the way to handle this is to totally outlaw it. She questioned ventilation. T'im Utz, 556 40t" Avenue NE, stated his appreciation for celebrating Constitution Week. He stated that the title "smoke shop" assumes there will be smoking. There is no need to regulate this. Donna Schmitt, 4260 Tyler Street, P&Z member, agreed that the commission recommended following the FBA and limiting this to five shops, considering the size of our city. You have to be over 18 to enter the store. For large purchases, you would want to sample it. There have not been police calls there. She did not believe we can say that about our liquor stores. Williams asked the City Attorney what the State indicates on this. Jim Hoeft commented that the State has given local govermnents the ability to govern this. If there are questions down the road, the Council can take more stringent steps. Williams asked if we can send this back to the P&Z. Sargent indicated that the six month moratorium would end prior to a 30 day waiting period of an adopted ordinance. Sargent stated that this ordinance would have a 13 month amortization period allowing the restructure of these businesses. He indicated the FBA requires 90 percent of sales be from tobacco or tobacco related products. The License Clerk indicates from State information that sampling can not be included in the 90 percent of sales. Nawrocki indicated that you can not sample tobacco at a gas station or restaurant. so why can some places sample tobacco. He supported the staff recommendation. of Ordinance 1570, option one, that no smoking be allowed in these smoke shops. Diehm stated that you can not sample liquor and does not understand why smoke shops are considered different. Peterson stated that sometimes liquor stores do offer samples. Peterson stated that we have ordinances on the books that we do not enforce and stated that he has a problem regulating things that are self regulating. You have the right to stay out of the smoky environment. He is worried about more and more government infringement. Let it be. Put the responsibility back with the people. Deb Johnson stated agreement with the Mayor's comments. Her reason for going against this is for the purpose of enforcement; elimination would be easier. 1Vlotion by Nawrocki to have the first reading of Ordinance 1570, option 1. Diehm questioned the separate Ordinance numbers. She indicated her favor to move both Ordinances forward. Sargent stated Ordinance 1570 is an amendment to the Zoning Code and Ordinance 1571 is an amendment to the Municipal Code. Hoeft questioned the timing to table the first reading, but not send this back to the P&Z. Sargent indicated this would extend the Ordinance passage past the moratorium. Sargent reiterated the Council's options. Hoeft stated that from a licensing standpoint, any application. received prior to the new regulation taking effect, for example limiting the number, if not in effect prior to final approval, there could be eight City Council Minutes Monday, September 14, 2009 Page 8 of 19 applications, which would be more than intended. Diehm stated the option to move forward on the P&Z recommendation does not limit sampling in the establishments that are licensed. Hoeft stated that if the P&Z recommendation is passed, the new regulation would be in place before the moratorium expires. The Council would be able to revisit sampling at another time. Nawrocki questioned smoke shops in buildings attached to other businesses. Hoeft stated there must be a separation of businesses. Nawrocki referred to smoke infiltration, such as in the high- rise. Hoeft stated that the Building Official indicated this is handled through enforcement of the building code. Peterson called for a second to the motion. Diehm agreed to go forward with the license limitation and suggested talking to other cities to see what they do. Peterson called for the second. Motion failed for lack of a second. Motion by Diehm, second by Kelzenberg, to schedule the second reading of Ordinances 1570 and 1571 for Monday, September 28, 2009 at approximately 7:00 p.m. in the City Council Chambers, incorporating the Freedom to Breath Act and limiting the number of smoke shop licenses to five. Hoeft indicated that the State requests the FBA be referenced in local ordinances. Fehst stated that the 90 percent of sales requirement is similar to the requirement far bars to have 90 percent of their sales in liquor. Sargent stated that a year end audit will be required to confirm the percentage of product sold. Nawrocki suggested extending the moratorium for three months. Hoeft indicated that we can not statutorily extend the moratorium. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. Bid Considerations 1. Refuse and Recycling Proposals: Award of Bid and Authorizing Contract Development Hansen stated that refuse, yard waste, and recycling has been contracted out for 15 to 20 years. The last eight years Allied Waste has provide this service for us. We met with them as their contract was coming to an end and they indicated there would be significant increases of 15 to 20 percent. Council requested this be brought to the open market. Seven contractors were sent RFP's and we received four proposals. Viola provided us with the lowest bid. There were three alternates within the RFP. Hansen asked for direction tonight on single sort recycling. There would be a transition. in the pickup location. We want to make sure our waste goes to the lowest cost location. RFP wording was obtained from Blame's contract to retain the right to direct where the waste goes. Hansen stated that transition to another contactor would create significant work. Viola recently did this with. the City of Blaine and they had a very smooth process. Hansen stated that he and Jesse Davies met with Viola to revisit their bid and kick off looking at a transition plan and single sort recycling. Nawrocki stated that it is a mistake for us to pay the tipping charge, as we cannot be sure the refuse dumped is from our city, particularly from multiple units. The counties are backing out of City Council Minutes Id~lorday, September 14, ?009 Page 9 of 19 involvement with dumping. It is a mistake not to include the arrangement that they must do periodic checks for other dumping sources and pass the savings on to us. Currently, multi-unit dumpsters are overflowing. Either they are not picked up often enough or the container is not large enough. Fehst asked to be made aware of any such situations and we would notify the hauler. Motion by Diehm, second by Kelzenberg, to accept the bids for Refuse, Recycling and Yard Waste Services and from Veolia Environmental Solid Waste Services, based upon their low, qualified, responsible bid and, furthermore, direct staff to prepare afive-year contract for the base bid, and accepting alternate three for Single Sort Recycling for the same. Hansen stated that we have historical. tipping fee records of amounts paid. The Viola commercial units have scales on them. We could spot check on a limited basis. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye, Peterson, aye. Motion carried. 2. Adopt Resolution 2009-133 being a resolution accebtin~ bids and awarding the contract for 2009 Sanitary Sewer Lining, City Project No. 0904 to Visu-Sewer, Inc. Hansen stated we received five bids for the work and the twa low bids were less than $200 apart. There are eight segments of pipe and he recommend acceptance of the low bid. This work was budgeted for in 2009. Nawrocki asked how the prices compare to last year. Hansen stated the prices are up slightly less than five percent. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-133, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution 2009-133, being a Resolution accepting bids and awarding the contract for 2009 Sanitary Sewer Lining, City Project No. 0904 to Visu-Sewer, Inc., based upon their low, qualified, responsible bid in the amount of $113,200, with funds to be appropriated from Fund 652-50904-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. C. Other Business 1, Adopt Resolution 2009-134, being a Resolution adopting a Proposed Budget for the Year 2010, Setting the Proposed City Levy, Approving the HRA Levy, and EstablishinP a Budget Hearing Date for Property Taxes Payable in 2010 Fehst indicated that the budget recommendation has been discussed with the Council four times. The City has lost a great deal of local government aid "LGA" in un-allotment, and approximately $700,000 next year. In total, since 2003, we have lost over $12 million. Fehst stated that Williams requested information from 2003 forward on the amount the state promised. If we had received the amount allocated, rather than the average increase of 7.6 percent, our taxes would have increased by only 2.8 percent on average over the last ten years. At one time LGA and fiscal disparities amounted to almost fifty percent of our expenses, not including water and sewer. Local government aid is drying up. The purpose to balance out the tax burden for basic services was a good thing, but in practice caused problems. LGA will continue to recede. Council. has indicated the desire to remove our dependency on LGA as soon as possible. With that instruction given, we presented a budget that attempts to do that, so by 2013 we would be off LGA and any aid received City Cauncil Minutes tvton~ay, September 1 ~, 2009 Page 10 of 19 would be used to reduce taxes. With recently constructed facilities, we anticipate an increase in operating costs. Almost 2.8 percent was an additional amount of bond money approved for the Public Safety Building and the Murzyn Hall retrofitting. As part of the four year plan, we suggest locking in to the 2008 budget with no increase over the 2008 budget, with the exceptions approved including personnel costs. We have reduced the number of positions and had furloughs that saved us about $280,000. This was to spread the pain and preserve the number of jobs that we could. Over 90 to 92 percent of the budget is the large operating department's personnel costs. We did reduce one person from the Fire Department, but we received federal funds fora 27`" police officer, and our intention for the next three years would be to not reduce the police department sworn officers. With all of these things in consideration, we recommend a 2011 increase in expenditures of one percent, 2012 a two percent increase in expenditures, and ire 2013 a t~vo percent increase in expenditures. The revenue increase we would need to make this work would be 10.8 percent this year, eight percent next year, and six percent the year after that. He indicated the need to take significant steps to remove the need for LGA. Fehst indicated. the reductions recommended in 2003 and positions added back at that time. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-134 there being ample copies available far the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2009-134 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $8,052,142 establishing a budget hearing date for property taxes payable in 2010 for December 14, 2009 at approximately 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $262,556. Nawrocki indicated his request at a work session for property valuations in the city, but has not received them, and questioned the levy limits. Bill Elrite, Finance Director, stated that the recommended limit is within the scope of the limit allowed. Nawrocki commented on the impact of LGA and State mandates we have to live with. Nawrocki indicated cities that will not increase their levy. Our Levy increase will be 13.6 percent and that does not include the reserves used. There have been significant increases in past years. Other cities are cutting back on personnel, which means cutting back on services. Property tax increases are not justified when looking at the taxpayer's ability to pay. At a bare minimum, the total property increase should be reduced to a maximum of six percent. This does not include the County EDA/HRA levy set for us. Nawrocki proposed bringing the levy down from 13.6 percent to a six percent increase. Motion to amend by Nawrocki that the estimated General Fund levy be decreased from $7,229,778 to $6,626,582 dollars, that the library levy be decreased from $738,393 to $682,276 and EDA levy be decreased from $83,971 to $78,360. That would represent an overall increase of six percent. Peterson called for a second to the motion amendment. No second was received. Motion died for lack of a second. Williams stated that a motion to drop the levy by seven percent cannot be suggested without specific cuts. Nawrocki stated this can be done without chaos. The problem is we have not gotten into the detail of the budget. He gave the example that the Community Development Department has three planners and questioned if we need that many. Peterson stated that we are setting a maximum levy and Council members are asked to bring their suggestions to the work sessions. Williams stated that we have until December 14 to pass the City Council. Minutes P~londay, September l4, 2Q09 Page 1 1 of 19 budget. Nawrocki stated that it is said every year that we can reduce the amount, but that has only been done once. Peterson stated it has been reduced three times in recent years. Nawrocki requested the dates and amounts. Elrite indicated in 2009 the final levy was reduced by $114,360 from the proposed, in 2005 it was reduced by $139,449, and in 2002 it was reduced by $27,217. Williams painted out League of MN Cities information that indicates 85 percent of the cities across the country are facing budget difficulties. He commended the City Manager for presenting a four year plan to eliminate our dependency on State aid, as painful as is. This should have been done eight years ago. He stated that the worst of the budget picture has not yet hit. Fehst passed the compliment, for the four year plan, on to the Finance Director and staff. Utz reiterated that the State is broke; do not expect any help from them. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Fehst stated that council will act on the final budget December 14, 2009. 2. Appointments to vacant Board and Commission positions. -removed ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the Public Safety Facility Open House will be held October 3, from noon. to 5:00 p.m. We are currently under budget. Nawrocki stated that we have been spending everything in the budget and spending the contingency hand. Nawrocki indicated the bill list shows payment of $15,000 to $18,000 for appliances. There will be three kitchens in the building. What was wrong with the equipment we have. Fehst stated that the police do not have appliances and fire may be able to use the current refrigerator. There is a kitchen for the police, fire fighters, and in the training room. Report of the City Attorney -nothing to report CITIZENS FORUM Mona, 4132 Stinson, stated there will be a celebration of freedom at Porta Del Sol on Saturday, September 19 from 3:00 to 8:00 p.m. Peterson stated that on Sunday, September 20, there would be a Pig Roast fundraiser for the Always On Guard statue. Raffle tickets are also available. Peterson stated that beginning tomorrow morning at 10:00 a.m. he would spend 24 hours on the roof of the Center for Family Resources, 7954 University Avenue, Fridley to raise funds for this non-profit organization. Seven mayors will each spend a different day on the roof. ADJOURNMENT Peterson. asked everyone to not forget the job our service men and women do for us. He stated that his grandson leaves tomorrow for four years of service. Peterson stated: Don't take ourselves too seriously and do a random act of kindness. Peterson adjourned the meeting at 9:30 p.m. City Council Minutes "~Iorday, Se ember 14, 2009 Page 12 l9 atricia Muscovitz CMS` City C RESOLUTION N0.2009-135 RESOLUTION APPROVING A VARIANCE FROM. CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR TIM SULLIVAN WHEREAS, a proposal (Case # 2009-0902) has been submitted by Tim Sullivan to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1201 - 45"' Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An I 1-foot front yard setback variance for the construction of a deck per Code Section 9.106 (B}(8). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 1, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission. regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and. risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harn~ony with the general. purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental. to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDDTIONS ATTACHED: l . All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall obtain a building permit prior to the construction of the deck. Resolution No. 2009-132 Authorizing Execution of Agreement with Independent School District # I3 Be it resolved that the City of Columbia Heights will enter into a cooperative agreement with Independent School District #13 for fiords awarded by the 21S` Century Community beaming Centers Grant, administered through the Minnesota Department of Education. Mayor Gary L. Peterson and City Manager Walter R. Fehst are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Columbia Heights. RESOLUTION N0.2009-136 BEING A RESOLUTION ESTABLISHING A POLICE DEPARTMENT FEE SCHEDULE WHEREAS, the Columbia Heights City Council has adopted Ordinance No. 1568 which allows fora $250 fee for each nuisance call to a property, starting with the third nuisance call within a period of 365 days, in response to or for the abatement of nuisance conduct. City Council Minutes Monday, September l4, 2009 Page 13 of 19 WHEREAS, the Police Department's current fee schedule does not include this fee; and WHEREAS, the Columbia Heights Police Department wishes to include the $250 Repeat Nuisance Call Service Fee in its fee schedule; and WHEREAS, the attached fee schedule would be implemented on September 23, 2009, the date that Ordinance No. 1568 goes into effect; NOW THEREFORE BE IT RESOLVED, that the attache d proposed fee schedule be adopted effective September 23, 2009. Columbia Heights Police Department -Fee Schedule Copies of Reports $.25 per page State Accident Reports $.25 per page Report on an Address/Person $5.00 Administrative Vehicle Impound Fee $15.00 Administrative Animal Impound Fee $15.00 Dog Impound (per day) $19.00 Cat hnpound (per day) $17.00 Digital Photos $5.00 Copy of Color Photos $5.00 for 1S` page, $1.00 each add'1 page Audio/Video CD $15.00 Letter of Good Standing $10.00 Weekly Accident Report $5.00 Admin Tag 2-6 am parking Violation $25.00 Admin Parking/Moving Violations Varies Repeat Nuisance Call Service Fee $250.00 Plus add'1 fees for excess costs RESOLUTION 2009-139 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Pamela Fergus (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4928 4`h Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and. reasons for the proposed Council action contained herein was given to the License Holder on August 24, 2009 of an public hearing to be held on September 14, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 1 1, 2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 24, 2009 inspection office staff reviewed the property file and. noted that the prope~Ty remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based. upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection, failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number 04928 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; City Council Minutes Monday, September 14, 2009 Page 14 of 19 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2009-140 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Terrence F. Jones (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 3809 Buchanan Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 27, 2009 of an public hearing to be held on September 14, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 13, 2009 inspection. office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 27, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and. SA.303(A). ORDER OF COUNCIL i. The rental license belonging to the License Holder described herein and identified by license number U3809 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2009-142 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter $, Article tI, of City Code, of the property owned by Eric Betzler (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1140-42 45`h Avenue N.E., Columbia Heights, Minnesota. And. whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 24, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July I5, 2009 an inspection was conducted on the property listed above. inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 24, 2009 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrectede A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. "i'hat ors September 4, 2009 inspectors reinspected the property and found that one violation remained uncorrected. City Council Minutes P/londay, September 14, 2009 Page 1 S of 19 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: Shall remove the dead tree in the front yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 1140-42 45`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth. in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised anal. completed. ORDER OF COUNCIL L The property located at 1140-42 45"' Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served. upon all relevant parties and parties in interest. RESOLUTION 2009-144 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jose Sanisaca (Hereinafter "Owner of Record"). Whereas, the owner of record is the Legal owner of the real property located at 3961 Johnson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I1, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 12, 2009. Now, therefore, in accordance with the foregoing, and all. ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 12, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on August (2, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on August 12, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 3961 Johnson Street N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3961 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all. applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3961 Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall. be served upon all relevant parties and parties in interest. RESOLUTION 2009-143 City Council Minutes Monday, September 14, 2009 Page 16 of 19 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Travis J. Kline (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1204-06 Cheery Lane N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes anal reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 26, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on August 26, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on August 26, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the inunediate abatement of the hazardous situation located at 1204- 06 Cheery Lane N.E.. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 1204-06 Cheery Lane N.E. is in violation of the provisions of the Columbia Heights City C^-1e as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all. applicable rights and periods of appeal. as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed.. ORDER OF COUNCIL 1. The property located at 1204-06 Cheery Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-145 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and. approving abatement of ordinance violations pursuant to Chapter 8, Article I1, of City Code, of the property owned by Mortgage Electronic Registration Systems (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4030 Quincy Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council acticn contained herein was sent via regular mail to the owner of record. on August 17, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 17, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secw~ed. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with. plywood. 2. That on August 17, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on August 17, 2009 the Fire Department sent statement of cause to all registered owners of the property at the City Council Minutes Manday, September i4, 2009 Page 17 of 19 addresses listed in the Anoka County Property Records database. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 4030 Quincy Street N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL I . That the property located at 4030 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised. and completed. ORDER OF COUNCIL 1. The property located at 4030 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION N0.2009-146 BEING A RESOLUTION REQUESTING CONSIDERATION OF FUNDING THROUGH THE 2011 METRO MUNICIPAL AGREEMENT PROGRAM FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER CENTRAL AVENUE (T.H. 65) WT3EREAS, the City of Columbia Heights intends to reconstruct the pedestrian. bridge over T.H. 65, at 49`h Avenue NE; WHEREAS, the improvements will benefit both the City of Columbia Heights, surrounding communities and the Minnesota Department of Transportation. NOW THEREFORE BE TT RESOLVED, that the City of Columbia Heights is requesting funding for the Gateway Pedestrian t'ridge in response to the Minnesota Department of Transportation's FY 20l 1 Municipal Agreement Program solicitation. BE IT FURTHER RESOLVED that the City shall be responsible for the preliminary engineering, project design., and permitting functions of said improvements. BE IT FURTHER RESOLVED, that if funding is provided, the City of Colwnbia Heights will complete the Gateway Pedestrian Bridge project, City Project 0906. RESOLUTION NO. 2009-133 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2009 SANITARY SEWER LINING, CITY PROJECT NO. 0904 TO VISU-SEWER, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0904, Sanitary Sewer Lining bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: BIDDER TOTAL Visu-Sewer, Inc. $ 113,200.00 Lametti & Sons, Inc. $ 113,407.00 Veit and Company, Inc. $ 114,642.00 Insituform Technologies USA, Inc. $ 117,977.00 Michels Corporation $ 153,093.60 WHEREAS, it appears that Visu-Sewer, Inc. of Pewaukee, Wisconsin 53072 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 Visu-Sewer, Inc. in the name of the City of Columbia Heights, for the 2009 Sanitary Sewer Lining, City Project No. 0904, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids C:ity Council Minutes vlanday, September 14, 2009 Page 18 of 19 except the deposit of the successful. bidder and the next lowest bidder shall be retained until the contract has been signed. City Project No. 0904 shall. be funded from the Sanitary Sewer Construction Fund. RESOLUTION 2009-134 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2010, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX. RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2010. 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 2010 is hereby approved and adopted with appropriations far each of the funds listed below. Expense General Fund 10,030,152 Community Development Fund 263,988 Economic Development Fund 346,428 State Aid 159,116 Cable Television 119,439 Library 772, 743 DARE Project 20,000 Infrastructure 220,264 Capital Improvement 549,505 Capital Equipment Replacement Funds 512,014 Construction Funds 1,351,000 Central Garage Fund 691,800 Liquor Operating 8,617,835 Liquor Capital/Non- Operating 704,624 Water Utility Fund 2,389,598 Sewer Utility Fund 1,800,247 Refuse Fund 1,534,827 Storm Sewer Fund 353,378 Data Processing 306,776 Debt Service Fund 2,637,300 Total Expense Including InterFund Transfers 33,381,034 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2010: Revenue General Fund 10,030,152 Community Development Fund 263,988 Economic Development Fund 346,428 State Aid 159,116 Cable Television 119,439 Library 772, 743 DARE Project 20,000 Infrastructure 220,264 Capital Improvements 549,505 Capital Equipment Replacement Funds 512,014 Construction Funds 1,351,000 Central Garage Fund 691,800 City Council Minutes Monday, Septe;nber 14, 2009 Page 19 of 19 Liquor Operating 8,617,835 Liquor Capital/Non- Operating 704,624 Water Utility Fund 2,389,598 Sewer Utility Fund 1,800,247 Refuse Fund 1,534,827 Storm Sewer Fund 353,378 Data Processing 306,776 Debt Service Fund 2,637,300 Total Revenue Including Intertund Transfers 33,381,034 Section C. The following sums of money are levied for the c~urent year, collectable in 2010, upon the taxable properly in said City of Colarnbia Heights, for the following purposes: Estimated General Fund Levy Estimated Library Levy 7,229,778 738,393 Estimated EDA Fund Levy Total 83, 971 8,052,142 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2010 in the amount of $262,556. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is scheduled for December 14, 2009 at approximately 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2010 that is higher than the tax rate calculated for the City for taxes levied in 2008, collectable in 2009. BE IT FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2010 Bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $43,100 and General Obligation Band Series 2006A in the amount of $1.96,922 and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2010. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota.