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03/22/2010
OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MA1tCH 22, 2010 The following are the minutes for the regular meeting of the City Council held at 7:05 p.m. on Monday, March 22, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Reverend Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested information on the Senate proposal far LGA pertinent to an Columbia Heights. Nawrocki questioned the new tiling for office dates. City Clerk Muscovitz indicated the filing for Mayor and two City Council member positions will be May 18 through June 1, 2010. Nawrocki requested discussion on use of the Public Safety building for public meetings, upcoming meetings on street cars and the K-Mart site development. Mayor Peterson stated that, with Council approval, these items would be added to the agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS L-V. ~Ldle JCIIAWr ~JalVeer L laUUnary Peterson welcomed and thanked Senator Chaudhary for being present. Chaudhary mentioned that the new Public Safety building (PSB) is a beacon for the community and a community gathering place, including the recent fundraiser far our SACA food shelf and Cub Scout troop tours. He referred to the new gymnasium and possibly holding gun safety lessons at the PSB. For an inner ring city to do this is impressive. There are still issues of an aging pausing stock. Historically, Columbia Heights has relied heavily on assistance from the state, which has gone down, making it a problem to deliver good services. The only place to turd is property taxes. Today the Senate debate was on the budget, passing a bill to reduce one-third of the budget deficit without raising taxes. Deficit issues are mainly due to the economy and previous decisions on the state's structural balance. There was an amendment today that offered $1.2 billion in state aid. The debate is now on what taxes to raise, property taxes or tax based on the ability to pay, and what cuts to make. The State will not be able to fiord nursing homes and schools like they were in the past. The Governor proposed cutting $1.5 billion for schools, $1.2 billion in housing credits, and $.5 billion for nursing homes. Chaudhary invited comments and concerns to take back to the Legislature. Fehst stated that through the Governor's proposal we anticipate losing all but $24,000 of our $990,000 in State Aid. He read a letter from the Finance Director regarding a four year plan to eliminate the need for local government aid, anticipating the loss, while providing the same level of service. Senate Bill #3223 cuts our market value homestead credit by $232,922 and local government aid by $895,180. What we would have received is $598,000 in homestead credit and Local government aid of $1,425,000. By the projected four year plan we are ahead by $104,000 but we are losing more money up front than we would have lost. If they would do this based on tax capacity, we would do better than based on revenue. If the burden of taxes is balanced, it is better for the state. Chaudhary asked how we are making up the difference. Fehst stated by raising taxes, City Council Minutes Monday, March 22, 2010 Page 2 of 18 attrition, and employee furloughs. The Council has adopted a progressive four year plan to remove our dependency on local government aid. Nawrocki gave the history of LGA, and the affect of State mandates for such things as employee salaries. The governor's proposal does not cut back on mandates. Columbia Heights has one of the lowest average household incomes in the metro and a low commercial/industrial tax base. We have had double digit property tax increases for the last three years. The Legislature spoke of tightening the ability of local governments to conduct inspections of rental properties. This is important in our city and we do not want to see the Legislature make it tougher. Peterson questioned the Federal health care bill. impact on our state. Chaudhary stated that there will be a big impact and we still need specifics, which will be analyzed. Peterson thanked Senator Chaudhary for attending. Chaudhary invited people with questions or concerns to contact him at 651-296-4334 or www.le~.state.mn.us. B. Young Artist Competition Announcement -Sister City Committee members Dolores Strand, Sister City Committee Co-Chair, promoted their sponsorship of the 4t" Annual Young Artist/Author showcase to be held on April 7 at Murzyn Ha11. Our local winner last year won the national competition. and a trip to the International Conference in Ireland. There will be 40 pieces of art and 70 author entries. Anoka/Ramsey Community College and Lassie Peterman of the Sun Focus will help with the judging. There are cash prizes and the winners will go on to the national. competition. Dorothy Penate, Sister City Committee, promoted their benefit dinner for the Children's Hospital in Lomianki, Poland to be held on Sunday April 18, and is sponsored by Jeff's Bobby and Steve's Autoworld. Naw-rocki requested a point of personal privilege and read a statement regarding comments at the last City Council meeting on his conference/meeting attendance and the benefit this has been to the city. He requested the same recognition and respect that others receive when they have the floor. Staff should present more comprehensive information; not just what they want us to know. Diehm again explained her comments from the previous meeting regarding placing items for discussion on the agenda in advance sa everyone can be prepared for the discussion. Peterson indicated again that attending conferences benefits our community. Motion by Williams, second by Kelzenberg to move on to the consent agenda. Upon vote: All ayes. Motion ca°ried. CONSENT AGENDA Nawrocki requested to remove A, B, C, and D. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve City Council Meeting Minutes -removed B. Adopt Resolution 2010-19, Being a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2010 Street Rehabilitation Proiects, Zone 5 City Project Number 1002 -removed City Council Minutes Monday, March 22, 201.0 Page 3 of 18 C. Adopt Resolution 2010-20, Being a Resolution Declaring the Official Intent of the City of Columbia Heights to Bond for Zone 5 Street Rehabilitation Projects City Project 1002 - removed D. Adopt Resolution 2010-23, A Resolution Authorizing Application to the MN/DNR for a Local Trail Grant -removed. E. Approve Capital Equipment Replacement of Unit #409: Chevrolet C15 Cargo Van from the State of Minnesota Purchasing Contract Motion to authorize the replacement of Unit #409 and purchase under the State of Minnesota Purchasing Contract one (1 }new Ford E 150 cargo van from Elk River Ford Dodge Jeep in the amount of $18,098 plus sales tax and license. Funding shall be from the Engineering Capital Equipment Replacement Fund 431-43100-5150. F. Approval of the attached list of rental housing applications. They have met the requirements of the Property Maintenance Code Motion to approve the items listed for rental housing license applications for March 22, 2010. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 22, 2010 as presented. H. Approve Payment of the Bi11s Motion to approve payment of the bills out of the proper funds, as listed in the attached check register coverzng Check Number 133954 through 134187 in the ammount of $1,071,701.15. Nawrocki questioned the license and tax cost far the van.. Kevin Hansen, Public Works Director, indicated there is a 6.5% tax and the first year license is about $120. Nawrocki questioned keeping the old van. Hansen stated this would be used to transport items such as pumps for winter water main breaks. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items A, B, C, D. Upon vote: A11 ayes. otion carried. A. Approve City Council Meeting Minutes Nawrocki referred to an e-mail from Donna Schmitt where she indicated that the minutes do not reflect her comments that CO Detectors and Smoke alarms inspections be mentioned prior to obtairiiiig a permit. Peterson stated that minutes are not verbatim. Motion by Nawrocki, second by Williams, to approve the minutes of the March 8 City Council meeting with the addition as submitted; the minutes of the March 1, 2010 Seal Coat Public Improvement Hearing; and the minutes of the March 1, 2010 Street Rehabilitation Public Improvement Hearing. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2010-19, Beim a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2010 Street Rehabilitation Projects, Zone 5, City Project Number 1002 Motion by Diehm, second Kelzenberg, Move to waive the reading of Resolution 2010-19, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, March 22, 2010 Page 4 of 18 Motion by Diehm, second Kelzenberg, to adopt Resolution 2010-19, being a Resolution approving plans and specifications and ordering advertisement for bids for 201.0 Street Rehabilitation projects, Zone 5, City Project Number 1002. Nawrocki said he requested and did not receive a report on cracks in the street, as he does not personally believe these streets need this work. Hansen stated that a report would be generated with. the information and distributed. Williams commented that our streets are in beautiful condition compared to other communities. Hansen stated that this is an investment in our infrastructure and we are only doing the right thing at the right time. The street rehab program is on an eight year cycle. Donna Schmitt, 4260 Tyler Street, questioned who pays what percentage of the street repair casts. Hansen indicated that full reconstruction is paid 50% by the city and SO% by the property owner, partial reconstruction is a 70%/30%, split, mill and aver lay is 85%/15%, and seal coat is 100% paid by the city the first time and assessed 100% after that. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. C. Adopt Resolution 2010-20, Being a Resolution Declaring the Official Intent of the City of Columbia Heights to Bond for Zone 5 Street Rehabilitation Projects, City Pr©~ect 1002 Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-20, there being ample copies available to the public. Upon vote: All ayes. Motion carried. v Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010-20, being a resolution declaring the official intent ofthe City of Columbia Heights to Band for Zone 5 Street Rehabilitation Projects, City Project 1002. Nawrocki suggested we not bond until we look at our financial situation and receive more information. Hansen. stated this is only an intent to bond and is recommended by the auditor and required by the Council prior to bidding. Diehm stated that the resolution does not commit the city to bond and only keeps the option open. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. D. Adopt Resolution 2010-23, A Resolution Authoriziil~ Apt~lication to the t~1N/DNR for a Local T~°aii Grant Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2010-23, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2010-23 being a Resolution authorizing the Public Works Director to submit an application to the Department of Natural Resources Local Trail Program for eligible funds for trail improvements and designating the Director of Public Works as the primary contact for the program. Hansen indicated this resolution authorizes staff to apply for trail grant monies for Silverwood and City Council Minutes Monday, March 22, 2010 Page 5 of 18 Silver Lake Beach, up to Park Boulevard from 37th to 39t" Avenues. The grant would not cover shore line restoration and slope improvement, but there are budgeted funds available. We would need to provide one-half of the total cost. Nawrocki questioned the fishing dock for Silver Lake requested last year. Hansen stated that staff applied for a dock grant in 2009, but funding was cut for 2009 and 2010. Our application is still valid for the rest of the year if funds become available. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2010-21, 534 Huset Parkway, being a Resolution of the Citv Council of the City of Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Chief Gary Gorman stated the revocation is far failure to schedule an inspection and pay the license fee. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2010-21, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Number 2010-21 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section _5A.408(A). Upon vote: All ayes. Motion carried® ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Second Reading of Ordinance 1576, being a Zoning Amendment as it Relates to Setbacks in the R-3 District Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1576, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1576, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments relating to the R-3, Limited Multiple Family Residential District. Upon vote: All ayes. Motion carried. 2. Second Reading of Ordinance 1577, being a Zoning Amendment as it Relates to Planning Fees Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1577, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1577, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to minimum Planning and Zoning application fees within the City of Columbia Heights. Nawrocki indicated that last year $2,000 was refunded and there were only 15 applications. He question if staff would be reduced. Fehst stated that this would free up staff to do more meaningful work. City Council Minutes Monday, March 22, 2010 Page 6 of 18 Diehm reiterated her comments from the last meeting in favor of this change as a flat fee is a benefit to residents, with the option to charge additional funds if necessary for large projects. This was the way review fees were charged in the past. Williams stated his agreement and called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 3. First Reading of Ordinance 1579, being an Ordinance amending the Tree Ordinance section of the City Code: Chapter 4, Article II, section 4.201 and 4.202. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance 1579, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to establish the second reading of Ordinance 1579, being an Ordinance amending City Code Chapter 4, sections 4.201 and 4.202 for April 12th, 2010 at approximately 7:00 p.m. in the Council Chambers. Hansen stated this would amend existing City Code Chapter 4, Article 2 - 4.201 and 4.202 dealing with tree management. The League of Minnesota Cities (LMC) model ordinance relating to tl~e new disease threat of Emerald Ash Bore (EAB}. Section E adds references to EA8 and includes definitions of nuisance and abatement. The Tree Inspector marks the tree, the property owner is sent a direct mailing, and the property is posted. Our ordinance allows 20 days to eradicate the tree. Owners are given the option to remove the tree through the City's contractor or have it removed on their own. About 20 other cities have adopted the LMC model ordinance. Nawrocki suggested notification be by certified mail. Hansen stated the LMC suggests direct mail as this is a time sensitive issue. Trees are marked on the property; we leave notice at the property, and we mail a notice. Certified mail adds cost and lengthens the time of notification. Diehm indicated that it is difficult for many owners to go to the post office and sign for certified mail or they will not go to pick it up because it is certified. Hansen stated that there has not been a problem reaching people. If the notification is returned, we Zook at other options to contact people. Peterson reminded everyone that the diseased trees are plainly marked. Hansen stated that the follow up inspection is normally within 30 to 35 days. Kelzenberg explained that certified mail ($2.40} needs to be signed for and registered mail is insured ($10), Motion to amend by Nawrocki to change the notification requirement to certified mail. Hansen stated that certified mail is about $2 more per notice and we send 175 to 300 notices, requiring additional staff time. Second to amendment by Diehm. She stated she would not vote in favor of this, as the notice would be received faster by regular mail and she would prefer to have it delivered. Nawrocki City Council Minutes Monday, March 22, 2010 Page 7 of 18 indicated that this would improve the owner's chance of receiving the notification. Kelzenberg indicated that more people would receive the notice by regular mail. Upon vote of the motion amendment -Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4 nays - 1 aye. Motion to amend failed. Diehm complimented staff for looking at ways to cut costs by tweeking the LMC model ordinance to meet our needs. Williams referred to the many homes now owned by banks and the need to be able to remove diseased trees quickly. Upon vote of the original motion: All ayes. Motion carried. 4. First Readin.~ of Ordinance 1578, Beim an Ordinance Amending the Refuse and Recycling Section of the City Code: Chapters 4, 5, 8 Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance 1578, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to establish the second reading of Ordinance 157$, being an Ordinance amending City Code Chapters 4, 5 and $ for April 12th, 2010 at approximately 7:00 p.m. in the Council Chambers. Nawrocki questioned holidays, multi-dwelling owners responsible for lose/wear and tear of cantainers, Christmas trees, and utility bill due dates. Hansen stated that holidays are defined in the Violia contract. The container languagers from our past contracts. This alludes to damage from things such as hot coals.. Peterson stated there has not been a problem with calling for a late pickup of trees. Hansen stated that bills are mailed one month before they are due, Nawrocki questioned commercial pick up times. Hansen stated it is the same as the current code. Upon vote: All ayes. Motion carried. 5. Adopt Resolution 2010-15, Beim a Resolution Approving Conservation Water Rate Study and Utilaty Rate recommendations Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-15, there being ample copies available to the public. Upon vote: All ayes. ation carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010-I5, which establishes Conservation Water Rates using an inclining block structure beginning in April of 2010, and establishes utility rates for Water Service, Sanitary Sewer Service, Storm Sewer and Refuse for 2010 tl-u°ough 2014. Hansen indicated that the water conservation rates are a new State mandate to encourage conservation. This recommendation only meets their minimum requirements. SEH was contracted to study our rates and look at the minimum requirement of State Statues. Doug Klamerus, SEH, stated he did an analysis of rates for last year, classes, and meter sizes, and looked at three tier blocks. The top 20% of users use 45% of the water. Diehm indicated that this percentage means that 80% of our water users will not see a big change, the users that use the top 20% of water will pay more for usage above the basic level amount. Klamerus stated that the average usage is 15,000 gallons. Peterson indicated that one City Council Minutes Monday, March 22, 2010 Page 8 of 18 person used 468,000 gallons. Hansen indicated that this recommendation creates a smaller grouping of classes to simplify the volume break and input into the utility billing system. Nawrocki stated that in the summer he exceeds the 25,000 gallons watering his grass and garden. Nawrocki questioned if this mandate was to control the amount of water going to the treatment plant. Hansen stated this is to reduce consumption and demand, and future demands on the Mississippi River water system. Nawrocki questioned car washes. Hansen stated that they will pay more with higher usage. Nawrocki stated that the residential and commercial cap amounts should be the same. Hansen indicated that the study referred to the top 20% of users in each group. Hansen again stated that this is the minimum requirement of the mandate. Nawrocki indicated there were rate increases in 2003 and 2006 and asked if this increases all utility rates. Hansen stated that only refuse rates are increasing. Klamerus indicated that refuse rates will increase due to the large 45% increase in tipping fees. We will use the fund balance to diffuse the increase over three to five years. Diehm asked when the water consumption rate would be effective. Hansen stated January 1, 2010. Nawrocki indicated that the amount of refuse has decreased, but tipping fees increased. Hansen indicated the increase is based on past usage. Nawrocki stated that this item should go back to a work session for further discussion. Hansen indicated this was presented at a work session. There are na changes to the water, sewer, and storm sewer rates. We needed to increase refuse rates to meet costs. Under this resolution we will use $90,000 in fund balance this vear and $60,000 the following vear. Nawrocki stated it is time that the commercial users pay for water as a residential user.vDiehm explained the term "reasonable" for residential anal commercial water usage. Nawrocki spoke of residential water going back into the ground. versus commercial water going down the drain. Fehst stated that this recognizes excessive water usages. Joe Kloiber, Assistant Finance Director, indicated that the State's intent was to identify non-essential water use. All water through sprinkler meters is billed at the higher rate at the very first gallon, as that is non- essential use. This identifies non-essential usage as over 25,000 gallons. The number of gallons used will be indicated on the utility bill. Fehst suggested this be highlighted in the City's newsletter. Klamerus indicated the average residential usage is 15,000 gallons. Diehm stated that the additional charge would be about $.80 and again pointed out that this is a State mandate to encourage residents to conserve water. Nawrocki questioned the cost of a metered water sprinkler. Kloiber stated that some businesses rur~ their sprinklers through a separate meter; residents do not usually do that. There is a higher fee, but there is no sewer charge for that water. Peterson referred to the time spent by SEH on this study and indicated that this is the best option. Hansen stated the intent was not to raise revenue and have minimum impact on the largest majority of people. Diehm called the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. B. Bid Considerations City Council Minutes Monday, March 22, 2010 Page 4 of 18 1. Adapt Resolution No. 2010-22, being a Resolution Accenting Bids and Awarding a Contract for 2009 Public Improvements: Gateway Pedestrian Bridge Reconstruction Project Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2010-22, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2010-22, being a resolution accepting bids and awarding the 2009 Public Improvements: Gateway Pedestrian Bridge Reconstruction Project to C.S. McCrossan of Maple Grove, Minnesota based upon their low, qualified responsible bid; in the amount of $2,035,167.55 with funds to be appropriated from Fund 415-50906-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Hansen reviewed the seven bids received. The second lowest bid was only one percent above the low bid. There is a federal bid review process required. City costs include bridge demolition, at a cost of $22,600 and lighting, which is grant ineligible. The recommendation is for LED lights at a cost of $85,000. We must also move our sanitary sewer line at a cost of $22,480. Peterson asked if less federal funding would be received because the bids were lower than anticipated. Hansen stated yes. Nawrocki questioned if the process to take the necessary property is complete and what the final cost would be. Hansen stated that the date for the final hearing has not been set. Nawrocki indicated that would be an additional cost. Nawrocki disagreed with using State Aid dollars as they would no longer be available for other items. The local cost will be over $.5 millian. Hansen stated there is a separate award of money for contract administration, engineering and other construction costs that would be eligible. Hansen stated that we are at $456,000 for the local share. Nawrocki indicated that one-half of the bridge is in Hilltop and the current bridge is owned by the State of Minnesota and the new bridge will also be owned by the State. We should not be putting in local dollars. Fehst stated this action is by majority Council direction. Funding was sought through Congressman Ellison. State aid money is intended far public use. The consensus of the Council was that the bridge needed replacement. Diehm indicated that this has been a lengthy process, going back to working with Congressman Sabo, and we are pleased with the amount of federal funding received to reduce the cost to residents. `,Td'iliiarns called for the question. Peterson asked if anyone present has any comments. Jeff Diehm, 5125 St. Moritz, spoke of the need for a handicap access on this bridge, and indicated instances that he observed. There were standards that do not meet current standards and as social awareness increases we need to revisit those things. He commended staff for obtaining dollars to pay the largest share of this. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Peterson commended staff and Congressman Ellison for their work on this project. This City Council Minutes Monday, March 22, 2010 Page 10 of 18 shows the advantage of being prepared to move ahead with a project. The pedestrian bridge will be aesthetically pleasing and is necessary. We are considering a steel emblem to showcase the entrance of the city and Congressman Ellison suggested an informational sign far traffic or community information. Diehm indicated that a councilmember from another community stated they were envious that we were able to make this a reality. We were a good candidate that had a vision when stimulus funds became available. 2. Approve Professional Services Agreement for the Gatewav Pedestrian Bride -Construction En tg'neering Services Hansen stated that engineering funds became available in mid-February. We were required to follow a very specific qualification based selection. Cost cannot be a factor in choosing the bid; it must be qualification based. There were eight criteria and we advertised locally and through a national source. Five local bids were received. Based on the qualification basis Kimley-Horn ranked highest. After selecting the highest based ranking you negotiate with them for the amount. They are looking at giving us a three percent discount, which would be 11.5 percent of the construction costs. Motion by Williams, second by Kelzenberg, to accept the proposal from Kimley-Horn in the amount not to exceed $229,963, for Construction Engineering Services for the Gateway Pedestrian Bridge, and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. Hansen stated that the funding amount available is $475,000 and funds not used on en~ineerins are available for other construction items such as chances and aver-runs. Nawrocki questioned the cost of the initial plans and specs. Hansen stated that costs were $129,000 for a total engineering cost of 22 percent. The norm for Federal project engineering is 25 percent. Diehm stated that this defeats the argument that we would automatically pick the initial firm. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. C. New Business and Reports Nawrocki referred to a mailing from Anoka County that emphasizes the recession we are in as a record high 525 people visited them for unemployment benefits. We should take better account as to what residents have to pay. Peterson referred to the Arrest Hunger e-vent promoted by our Police Department that raised $6,200 for our local food shelf, SACA. They can turn funds raised into 50,000 pounds of food. He stated his pride that Columbia Heights residents always rise to the occasion. ADNIINISTRATI~E REPORTS Report of the City Manager Fehst referred to the EDA discussion tomorrow night on the Grand Central development for an initial 100 unit rental complex, followed by a similar unit later. Fehst referred to the suggested of a conflict between the meeting on street cars and the Board of Review. The Board of Review will be held in whatever entirety is required. Discussion on a possible Central Avemie street car began with Minneapolis Council member Paul Ostrow as another possible mode of public transportation. We do City Council Minutes Monday, March 22, 2010 Page 11 of 18 not know how likely this is to occur. Nawrocki referred to problems between light rail/street cars and vehicles. Nawrocki questioned the LMC information on what our LGA amount would be. Fehst indicated the current projection of $598,000 market value credit and $1,425,000 in local government aid. Senate bill #3223 reduces market value credit to $232,000 and LGA to $195,000, moving up more cuts than anticipated. Nawrocki again requested that the City newsletter be released sooner to allow notification of earlier election filing dates. Nawrocki referred to a letter from the University Heights Homeowner's Association regarding being turned down to use a meeting room at the Public Safety Building. Peterson suggested this be placed on the next work session for discussion. Nawrocki commented that the letter to residents on the Grand Central Lofts meeting tomorrow indicated that the meeting was not a public hearing and the EDA would not take public comment. He strongly disagreed. Peterson stated that the City Council would discuss this at their April 12 meeting and will take public comment at that time. Nawrocki referred to a letter from a resident requesting smoking not be allowed in parks. Fehst stated this would be referred to the Park and Recreation Commission. Report of the City Attorney Jim Hoeft stated that as it has been his pleasure to serve on the SAGA Board for 20 years. He wished to extend his heartfelt thanks to the Police Department, Fire Department, City Council, and the public for their support. The Arrest Hunger benefit was "out of the ballpark". SACA and the Board members appreciate this partnership with the City and the community. i Nawrocki requested to see the bid dollar amounts for all the bridge engineering proposals. Peterson thanked Hoeft for his service on the SACA Board. CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, questioned the tree ordinance allawing the inspector to enter property at any time. Hoeft stated that this is appropriate and that the building code and housing inspection code also give permission to enter property. Schmitt questioned the requirement to hire a profession for any work completed. This should allow for neighbors or students to remove shrubbery or trees. Hansen indicated this would be researched and discussed with the City Forester. Jeff Diehm, 5125 St. Moritz, stated his belief that the vast majority of citizens realize those who are looking out for the citizens, even though some say they are. He commended the Council for giving up their expenses and travel reimbursement and those that also took a two week furlough to do what is in the best interest of the city. Staff does a good job getting the "best bang for the buck" and finding ways to get things done with funding from other sources and grants to address the needs of the city. Peterson stated "Don't forget our service men and women". He spoke of the Silver Star group that welcomes back servicemen and women, and the Blue Ribbon group. Help them out. Help in any way you can. Open. our hearts to those that have served our country. Don't take ourselves too seriously and do a random act of kindness. City Council Minutes Monday, March 22, 2010 Page 12 of 18 ADJOURNMENT Pet rson adjourned the meeting at 10:42 p.m. atricia Muscovitz MC C ty Clerk RESOLUTION 2010-19 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2010 STREET REHABILITATION PROJECTS, ZONE 5, CITY PROJECT NUMBER 1002 WHEREAS, pursuant to a resolution passed by the Council on March 1, 2010, the City Engineer has prepared plans and specifications for Partial Street Reconstruction on 4`h Street from 47`h Avenue to 48`h Avenue, Washington Street from 46`'' Avenue to 47`h Avenue, and 46`h Avenue from Jefferson Street to Monroe Street; Mill and Overlay on Monroe Street from 45`h Avenue to 46`" Avenue, 45`h Avenue from University Avenue Service Drive to Monroe Street, and 46`h Avenue from. University Avenue Service Drive to 7`~ Street; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2010 Street Rehabilitation, Zone 5, City Project Number 1002 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement far bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. an Tuesday, May 4, 2010 at which time they will be publicly opened at the place designated, wilt then be tabulated and will be considered by the Council on Monday, May 10, 2010 in the Council Chamber. Any bidder whose respansibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. RESOLUTION 2010-20 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City"} expects to incur certain expenditures which may be financed temporarily from sources other than hands, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project No. 1002 consisting of Zone 5 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $200,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. RESOLUTION 2010-23 RESOLUTION SUPPORTING GRANT APPLICATION AND ACCEPTANCE TO DEVELOP THE PROPOSED TRAIL PROJECT WHEREAS, the City Council of Columbia Heights supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct two trail segments of approximately 1,200 feet of paved trail for: Silver Lake Beach connecting to the Three Rivers Park District Silverwood Park; and the Hart Boulevard trail. from 37`'' Avenue to 39`h Avenue along the west side of Hart Boulevard, and City Council Minutes Monday, March 22, 2010 Page 13 of 18 WHEREAS, the City of Columbia Heights recognizes the fifty (50) percent match requirement for the Local Trail Connections Program, and has secured matching funds NOW, THEREFORE, BE IT RESOLVED, if the City of Columbia Heights is awarded a grant by the Minnesota Department of Natural Resources, the City of Columbia Heights agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above-referenced project. The City of Columbia Heights will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council. of the City of Columbia Heights names the fiscal agent for the City of Columbia Heights for this project as: William Elrite Finance Director City of Columbia Heights 590 40`h Avenue NE Columbia Heights, MN 55421 BE IT FURTHER RESOLVED, the City of Columbia Heights hereby assures the above trails will be maintained for a period of no less than 20 years. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby authorized to apply for and execute such agreements as are necessary to implement those projects receiving DNR Local Trail Connection Grant Funding on behalf of the City. SOLUTION NO. 2010-22 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE GATEWAY PEDESTRIAN BRIDGE CITY PROJECT NO. 0906 TO C.S. McCROSSAN CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids far City Project No. 0906, 2010 Pedestrian Bridge Replacement at TH 65 and 49"' Avenue Improvements, seven bids were received, opened and tabulated according to law. The following bids were ,od r m 1.,;.,.. with the'dvertisemen t' ,~,..,..,. .,v..~p.y...~ . ,. Bidder Base Bid C.S. tvlcCrossan Construction, inc. $2,035,167.55 Edward Kraemer & Sons, Inc. $2,058,094.14* Lundy Construction Company $2,247,604.49 Redstone Constrt-ctiot~ Company, Inc. $2,426,426.90 L.S. Black Constructors $2,554,052.83* Minnows Construction, Inc. $2,816,917.85* Global Specialty Contractors, Inc. $2,868,938.16* * Corrected WHEREAS, it appears that C.S. McCrossan Construction, Inc., 7865 Jefferson Nighway, Box 1240, Maple Grove, MN 55311 is the lowest responsible bidder. NOW THEREFORE BE iT RESOLVED BY TriE CI T Y COUNCIL OF COLUMBIA HEIG>-ITS, MiNNESO T A: The Mayor and City Manager are hereby authorized and directed to enter into a contract with C.S. McCrossan Construction, Inc. in the name of the City of Columbia Heights, for the Gateway Pedestrian Bridge Improvements, City Project No. 0906 according to plans and specifications therefore approved by the Council.. 1. 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. 2. City Project 0906 shall be funded with Federal Funds (ARRA), Municipal State Aid Funds and City Utility Funds. RESOLUTION 2010-21 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 Ziad Zahran (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 534 Huset Parkway, Columbia Heights, Minnesota, City Council Minutes Monday, March 22, 2010 Page 14 of 18 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 March. 15, 2010 of an public hearing to be held on March 22, 2010. 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 November 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 properly records. 2. That on February 25, 2010 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 properly 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 1. The rental license belonging to the License Holder described. herein and identified by license number U534 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order an 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. ORDINANCE NO. 156 BEING AN ORDINANCE AMEIv`DING ORDINANCE,~{{NO. 1490, ChTY CODE(~OF 2005 RELATING TO THE R-3, LIMITED tY~U LTIPLE FAlV~11L 1~ P~SIDE1VTT lAL D',STR1C T The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, is hereby amended to read: S 9.109 RESIDENTIAL DISTRICTS. (C} Lot Dimension, Height, and Bulk Regieiremetats. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-1 R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6.500 sq. ft. 6,500 sq. $. 6,500 sq. ft. 6,500 sq. ft. Two-Family and Twinhome Dwelling 12,000 sq. ft. Existing on January 1, 2005 - 5,100 sq. ft. Established after .lanuary 1, 2005 - 12,000 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 10,000 sq. tt. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. ].0,000 sq. ft. 1.0,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1.800 sq. tt. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. tt. 7"hree bedroom 2,500 sq. it. 1,500 sq. ft. Additional bedroom 400 sq. tt. 200 sq. ft. Congregate Living Llnits 400 sq. ft. 400 sq. ft. City Council Minutes Monday, March 22, 2010 Page 15 of 18 Minimum Lot Width 70 feet 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard ZS feet 25 feet 2~ feet 1 & 2 Family - 25 ft. Multi-Family - 30 ft. IS feet Side Yard 7 feet* 5 feet* 5 feet* 1 & 2 Family - 5 ft. Multi-Family - 20 it. 10 feet Corner Side Yard 12 feet 10 feet 10 feet 1 & 2 Family - 10 ft. Multi-Family - 30 tt. 15 feet Rear Yard 20% of lot depth 20% of lot depth 20% of lot depth 1 & 2 Family - 25 ft. Multi-Family - 30 ft. 1 ~ feet Non-residential Building Setbacks Front Yard 25 feet 25 feet 2~ feet 30 feet 1 ~ feet Side Yard 40 feet 30 feet 30 feet 25 feet 10 feet Corner Side Yard 12 feet 10 feet 10 feet 30 feet 1 ~ feet Rear Yard 40 feet 30 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding driveslpads) 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Corner Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks front Yard 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet 10 feet Corner Side Yard 25 feet 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet 35 feet on-residential Floor Area Ratio 2.2 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1577 BEING AN ORD. AMENDING ORD. NO. 1490, CITY CODE OF 2005 RELATING TO MINIMUM PLANING AND ZONING APPLICATION FEES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.104 (C)(5) of the Columbia Heights City Code, is thereby amended to read: § 9.104 ADMINSITRATION AND ENFORCEMENT. (C) General application procedures. (5) Application fees. Fees for all applications for development or land use approval shall be a flat rate and City Council Minutes Monday, March 22, 2010 Page 16 of 18 established by resolution of the City Council. The City retains the right to require an escrow and additional payment for any out- of-pocket expenses for consultants and professional. services and/or to obtain an escrow for cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Payment of all fees is a condition of application. approval. The fee schedule shall be: PLANNING .AND ZONING FEE SCHEDULE Land Use Action Flat Rate Fee A eal $185 Com rehensive Plan Amendment $500 Conditional Use Permit $200 Prelimina Plat $500 + Escrow Final Plat $100 Interim Use $250 Minor Subdivision (Lot S lit) $275 Site Plan Review $250 Vacation $150 Variance $200 Zoning Amendment $500 Section 2: This ordinance shall be in full force and effect from. and after 30 days after its passage. SOLU'T'ION 2010-IS BEING A RESOLUTION SETTING RATES ON PUBLIC UTILITIES, INCLUDING SEWAGE DISPOSAL, WATER SUPPLY, STORM SEWER AND REFUSE IN THE CITY OF COLUMBIA HEIGHTS WHEREAS Minnesota State Statue 103G.29 and related administrative rules issued by the Minnesota Department of Revenue iiiipvse a iiiandaic oil Tviirinc.Svta ciii%S iv iiiiplciii%nt 'vv"ai%r utilit`y' cvllser'vatioii rates that diScvurage nvne.i~eniiai `v'r'at°vr use on .^,r after January 1, 2010, and; WHEREAS, the City of Columbia Heights bills utility charges on a quarterly basis, and; WHEREAS under this billing system, charges foi° water consumption periods beginning on or after January 1, 2010, are customarily determined and billed on or after April 1, 2010, and; WHEREAS under this billing system, charges for all other utility types with billing periods beginning on or after January 1, 2010, are also customarily determined and billed on or after April 1, 2010, BE IT HEREBY RESOLVED by the City Council. of the City of Columbia Heights, that: In accordance M.S. 103G.29, and with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council Environmental Services and the Minneapolis Water Department and other primary vendors of the City's utility funds, the following rates shall be effective for all billings rendered on or after April 1, 2010: Water Supply Conservation Rates: Second tier rates established in section 2 below, apply as follows: ^ Residential Second tier rate is for water use greater than 25,000 gallons/quarter. ^ Nonresidential -Less than. 1 inch Meter Second tier rate is for water use greater than 25,000 gallons/quarter. ^ Nonresidential - 1 inch Meter or lamer Second tier rate is for water use greater than 250,000 gallons/quarter. ^ Irrigation Meters: The Second Tier rate applies to all water run through sprinkler meters. Water Supply Rates: Customer Classification Year 2010 2011 2012 2013 2014 Residential Fixed Fee $19.81 $21.39 $22.89 $23.58 $24.28 Tier 1 Rate per 1000 Gallons $ 3.17 $ 3.30 $ 3.43 $ 3.53 $ 3.64 City Council Minutes Monday, March 22, 2010 Page 17 of 18 Tier 2 Rate per 1000 Gallons Water Meter Surcharge Senior Fixed. Fee Tier 1 Rate per 1000 Gallons Tier 2 Rate per 1000 Gallons Water Meter Surcharge Non-Residential Fixed Fee Tier 1 Rate per 1000 Gallons Tier 2 Rate per 1000 Gallons 3. Sewer Disposal Rates: Residential Fixed Fee Rate per 1000 Gallons Maximum charge at 25,000 gallons Senior Fixed Fee Rate per 1000 Gallons Maximum charge at 25,000 gallons Non-Residential Fixed Fee Rate per 1000 Gallons 4. Storm Sewer Rates: Land Use R-1 R-2 R-3 R-4 RB 1.B GB CBD MWW 5. 6. Refuse: Container Size 32 60 90 Senior Recycle & Yard Waste Multiple Dwelling Refuse: Unit (per dumpster) 1 yd service 1-1/2 yd service 2 yd service 3 yd service 4 yd service $3.96 $4.12 $4.28 $4.41 $4.55 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $14.71 $16.29 $17.79 $18.32 $18.87 $3.17 $3.30 $3.43 $3.53 $3.64 $3.96 $4.1.2 $4.28 $4.41 $4.55 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $19.81 $21.39 $22.89 $23.58 $24.28 $3.17 $3.30 $3.43 $3.53 $3.64 $3.96 $4.12 $4.28 $4.41 $4.55 $18.24 $18.78 $19.34 $19.92 $20.52 $ 1.98 $2.04 $2.10 $2.16 $2.22 $62.64 $64.68 $66.74 $68.67 $70.61. Year 2010 2011 2012 2013 2014 $13.14 $13.68 $14.24 $14.67 $15.11 $ 1.98 $2.04 $2.10 $2.16 $2.22 $67.74 $69.78 $71.84 $73.92 $76.02 $18.24 $18.78 $19.34 $19.92 $20.52 $ 1.98 $2.04 $2.10 $2.16 $2.22 Year 2010 2011 2012 2013 2014 $2.92 $2.99 $3.06 $3.15 $3.25 $ 2.92 $ 2.99 $ 3.06 $ 3.15 $ 3 25 $19.25 $19.73 $20.22 $20.83 $21.45 $1.9.25 $19.73 $20.22 $20.83 $21.45 $37.46 $38.40 $39.36 $37.45 $38.57 $37.46 $38.40 $39.36 $37.45 $38.57 $42.34 $43.40 $44.49 $45.83 $47.20 $42.34 $43.40 $44.49 $45.83 $47.20 $33.05 $33.88 $34.73 $35.77 $36.85 $37.46 $38.40 $39.36 $40.54 $41.76 $4.64 $4.76 $4.88 $5.03 $5.18 Year 2010 2011 2012 2013 2014 $32.13 $33.74 $35.42 $36.84 $37.95 $33.66 $35.34 $37.11 $38.59 $39.75 $41.98 $44.08 $46.28 $48.13 $49.58 $31.80 $33.39 $35.06 $36.46 $37.56 $11.59 $12.60 $13.67 $14.80 $15.93 Year 2010 2011 2012 2013 2014 $].10.19 $115.70 $1.21..49 $126.35 $130.13 $150.35 $157.87 $165.76 $172.39 $177.56 $175.57 $184.35 $193.57 $201.31 $207.35 $226.01 $237.31 $249.18 $259.15 $266.92 $276.45 $290.27 $304.79 $316.98 $326.49 City Council Minutes Monday, March 22, 2010 Page 18 of 18 6 yd service 8 yd service Recycling w/o yard waste $377.32 $396.19 $416.00 $432.64 $445.61 $415.71 $436.50 $458.32 $476.65 $490.95 $5.46 $6.41 $7.25 7.82 $8.28 2 YARD COMPACTED COMPUTED AS 6 YARD NON-COMPACTED BE IT FURTHER RESOLVED that all foregoing rates do not include State fees or Sales Tax, and BE IT FURTHER RESOLVED that all State fees and taxes will be added to the utility bills in addition to the foregoing rates.