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09/13/2010 Regular
CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40"' Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmemhers Visit our s'ebsile al: wives. ci.colunrhia- heights.nm.us Robert A. Williams Bruce Ncniroc/u Tannera Diehm Bruce Kel:enherg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7 :00 p.m. on Monday, September 13, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Bob Lyndes, Crest View Communities 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Constitution Week 6 P 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the City Council meeting MOTION: Move to approve the minutes of the August 23, 2010 City Council meeting p7 B. Accept minutes of Columbia Heights Boards and Commissions MOTION: Move to accept the April 28, 2010 minutes of the Park and Recreation Commission. p31 MOTION: Move to accept the July 27, 2010 minutes of the EDA. p36 MOTION: Move to accept the July 27, 2010 executive session minutes of the EDA. p43 MOTION: Move to accept the July 15, 2010 minutes of the Charter Commission. p44 C. Approve Application for Bingo Permit by SACA for event to be held at Murzyn Hall on March p61 24, 2011 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to gambling activities to be conducted by Southern Anoka Community Assistance (SACA) at Murzyn Hall, 3 City Council Agenda Monday, September 13, 2010 Page 2 of 3 530 Mill Street, Columbia Heights, Minnesota, on March 24, 2011. Also, that the investigation fee of $25 be waived; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. D. Agreement with Comcast to provide I -Net service to the new Public Safety facility and the three Municipal Liquor Stores. p64 MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Comcast for the installation of 1 -Net services at a monthly cost of $1,915. E. Adopt Resolution 2010 -81, being a Resolution to Authorize Certain Interfund Transfers p69 MOTION: Move to waive the reading of Resolution 2010 -81, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010 -81 being a Resolution to authorize certain interfund transfers. F. Approval of the attached list of rental housing applications. p72 MOTION: Move to approve the items listed for rental housing license applications for September 13, 2010 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications p77 MOTION: Move to approve the items as listed on the business license agenda for September l3, 2010 as presented. H. Approve payment of the bills p79 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 136042 through 13625 in the amount of $1,753,880.08. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2010 -73. 1162 -64 Cheery Lane being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the p88 requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2010 -73 being ample copies available to the public. MOTION: Move to adopt Resolution Number 2010 -73 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. B. Adopt Resolutions 2010 -82, 230 44th Avenue N.E. and 2010 -83, 3730 Tyler Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. p91 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2010 -82 and 2010 -83 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2010 -82 and 2010- 83 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. 4 City Council Agenda Monday, September 13, 2010 Page 3 of 3 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2010-84 being a Resolution Adopting a Proposed Budget for the Year 2011, Setting the Proposed City Levy, Approving the HRA Levy, and Establishing a Budget Hearing Date for Property Taxes Payable in 2011 D96 MOTION: Move to waive the reading of Resolution 2010-84 there being ample copies available for the public. RECOMMENDED MOTION: Move to reduce the proposed levy by applying $350,000 in General Fund balance reserves to the Bonded Debt Levy and adopt Resolution 2010-84, being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy, establishing a budget hearing date for property taxes payable in 201 1 for December |3,20|Oui approximately 7:00 p.m. in the City Council Chambers, and approving the EIRA levy of $262,556. ALTERNATE MOTION IF THE CITY COUNCIL DOES NOT WANT TO REDIJCE THE PROPOSED LEVY: Move to adopt Resolution 2010-84 without applying any fund balance to the debt levy, being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy, establishing a budget hearing date for property taxes payable in 2011 for December 13, 2010 at approximately 7:00 p.m. in the City Councii Chambers, and approving the HRA levy of $262,550. B. Bid Considerations - none C. New Business and Reports none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report ofthe City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT / '/���;�z�-�f�'°+�'�� Walter R. Fehst, City Manager WF/pvm 5 Constitution Week �� ��� 23 �� ���� � x _ 'WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States; and, WHEREAS, it is irnportant that all citizens fully understand the provisions and principles contained in the Constitution in order to effectively support, preserve and defend against all enemies; and, WHEREAS, September 17, 2010, marks the two hundred twenty-third anniversary ofthe drafting of the Constitution ofthe United States ofAmerica by the Constitutional Convention; and, WHEREAS, diyfittiog and proper to accord official recognition of this magnificent document and its memorable anniversary; and, WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated during Constitution Week, September 17 through 23, 2010, as designated by proclamation o[ the President ofthe United States ofAmerica in accordance with Public Law 915; NOW THEREFORE, BE IT RESOLYED that 1, Gary L. Peterson, Mayor ofthe City of Columbia Heights. do hereby proclaim the week of September 17 through 23, 2010 as CONSTITUTION EK Gary L. Peterson, Mayor 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 23,2010 The foliowing are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 23,20|Uin the City Council Chambers, City Hall, 590401h Avenue N.E., Columbia Heights, MN. CALL TO ORDE1UROLL CALL/INVOCATION City Manager Walt Fehst gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions 2010-74, 75, 76, 77, and 78 in that the properties have been brought into compliance. Naw requested discussion of the budget, comments on the SACA Community Garden, Keyes Park issues, payment to the city for meal expense. and problems with Channel 16. We can get a message on it, but could not get the agenda on it. Diehm called for Point of Order, indicating if this is to be placed on the agenda, that it be discussed then. PROCLAMATIONS, PP.E'SENT'ATIONS,RE'COGNITION,Al`tTNO0NCEMMNTS,GTJESTS A. Introductions - Fire Department Newly Appointed Lieutenants/Paid on Call Fire Fighters Fire ChiefGary Gorman indicated that two Lieutenants were promoted from within. Appointed from Paid-on- call Firefighters to Lieutenants are five year veteran. Tom Flermoen and four year veteran Don Kostorhyz. The new Lieutenants were presented with their new helmets. Gorman indicated there are three new Paid-on-call Firefighters. He introduced Shannon Abbott, Jesse Dittbenner. and Cory Mattson. The families were asked to rise and were recognized for their support. Gorman described the commitment required to complete the necessary classes for these positions. Diehm formally welcomed all of the new men and women serving on our fire and police departments. B. Proclamation Proclamation - Domestic Violence Awareness Month Mayor Peterson read the Domestic Violence Awareness Month Proclamation for October 2010. Captain Austin indicated that in association with B jvvuandcrlfousc starting September 1 we will implement, along with the Anoka County SheniFFs Departrnent and Attorney's office, the Lethality Assessment Program to identify high risk victims. CONSENT AGENDA Nawrocki requested to remove items B, C, D, and G for discussion. 7 City Council Minutes Monday, August 23, 2010 Page 2 of 24 City Manager Walt Fehst took Councilmembers through the Consent Agenda items. A. Approve Minutes of the City Council meetings Motion to approve the minutes of the August 9, 2010 City Council meeting. Motion to approve the minutes of the August 12, 2010 Primary Election Canvas meeting. B. Establish date for 2010 Public Special Assessment Levy Hearing for: Zone 4 Seal Coat Program, Zone 5 Street Rehabilitation. and Delinquent Accounts - removed C. Adopt Resolution No. 2010 -63, Being a Resolution Accepting Capital Grant and Cable Studio Equipment From Comcast of Minnesota, Inc. ( "Comcast ") and Authorizing Appropriation of Such Grant Monies and the Transfer of Cable Studio Equipment - removed D. Adopt Resolution 2010 -80. Supporting Central Avenue Merchants Meeting with Xcel Energy - removed E. Approve Attached List of Rental Housing Applications Motion to approve the items listed for rental housing license applications for August 23, 2010 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications f__, August __ 2 1 1 0 as a Motion to approve the items on the business license agenda for ugust us� ��, 20 i v as presented. G. Approve Payment of the Bills - removed Motion by Nawrocki, second by Diehm, to approve the Consent Agenda with the exception of items B, C, D. and G. Upon vote: All ayes. Motion carried. B. Establish date for 2010 Public Special Assessment Levy Hearing for: Zone 4 Seal Coat Program, Zone 5 Street Rehabilitation. and Delinquent Accounts Nawrocki indicated it would be best to hold these public hearings at a regular City Council meeting. Motion by Nawrocki to establish Monday. October 11 at 7:00 p.m. for the public hearings for the Special Assessment Levy - Zone 4 Seal Coat project. Zone 5 Street Rehab project, and delinquent accounts. Fehst stated this has been discussed before and was decided to hold these hearings on a separate date. Peterson called for a second to the motion. No second was received. Motion failed for lack of a second. Motion by Kelzenberg, second by Williams, to establish Monday, October 4, 2010 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #1001 Zone 4 Seal Coat Project, to be held in the City Council Chamber. Nawrocki stated that these meetings will not be televised and will not receive the same attention as a regular meeting. Diehm supported this motion, stating that people with concerns will appear at the meeting. 8 City Council Minutes Monday, August 23, 2010 Page 3 of 24 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish Monday, October 4, 2010 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project #1002 Zone 5 Street Rehabilitation, to be held in the City Council Chamber. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish Monday, October 4, 2010 at 6:30 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chamber. Upon vote: All ayes. Motion carried. C. Adopt Resolution No. 2010 -63. Being a Resolution Accepting Capital Grant and Cable Studio Equipment From Comcast of Minnesota, Inc. ( "Comcast ") and Authorizing Appropriation of Such Grant Monies and the Transfer of Cable Studio Equipment Linda Magee, Assistant to the City Manager /Human Resources Director, stated that the Finance Director indicated the Council should accept the capital grant from Comcast for $194,842 and to appropriate it to fund 440 for the purchase of video equipment and installing an institutional network. Additionally, as part of the franchise renewal, the City will be receiving $65,000 worth of equipment currently housed at the Community Access Studio. Action needs to be taken to accept the equipment and authorize the transfer of ownership of that equipment to School District 13. Nawrocki stated that this is not a grant from Comcast. A charge will go on the cable subscriber's bill with four percent interest over a five year period. Magee stated that they have the right to recoup that amount. The current PEG fee is around $2.57 a month and it was at one time over $3.00 a month. With the closing of the public access studio in September and the elimination of the overhead cost of that facility, the PEG charge will drop to around $.85 a month, even with recouping the grant at 4.56 percent interest. Diehm stated this is part of the negotiated agreement that Council member Nawrocki and Ms. Magee negotiated in the new franchise agreement. Nawrocki stated that the public will continue to pay the five percent City franchise fec. Fehst stated that is equal to the ice Charged L ever other Cit Motion by Diehm, second by Kelzenberg. to waive the reading of the resolution, 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 -63, being a Resolution Accepting Capital Grant and Cable Studio Equipment From Comcast of Minnesota, Inc. ( "Comcast ") and Authorizing Appropriation of Such Grant Monies and the Transfer of Cable Studio Equipment. Upon vote: All ayes. Motion carried. Magee indicated that the message on channels 16 and 1.9 are being entered by Comcast in Roseville. Broadcast times of the Council meetings have just been determined and we are working with the public access channel to rebroadcast at the same times as the meetings were replayed on the government access channel and will be noted on the channel. A video tape of the meeting will be available at the Library on Tuesday following the meeting. Magee indicated she is trying to contact the Information and Technology person at the School District to arrange for rebroadcast of the Council meetings on the educational access Channel 18 after the public access studio closes on September 15. We are updating the technology assessment that was done over two years ago in conjunction with renewal negotiations and as a result bid specs will be written and bids sought. With an expedited time line we hope to have the recommended award of bids to the City Council sometime in October, the equipment purchased and installed in December, employees trained and up 9 City Council Minutes Monday, August 23, 2010 Page 4 of 24 and running in January. In the meantime, we are taping meetings and they will be rebroadcast on an access channel. Nawrocki stated that something extra should be done to get information on the budget to the public since people won't have these meetings being cable cast. Magee reiterated that we are taping the council meetings and replaying them on an access channel. D. Adopt Resolution 2010 -80, Supporting Central Avenue Merchants Meeting with Xcel Energy Nawrocki asked what problems people have had. Diehm asked if these are the prior problems we heard of. Scott Clark stated that NE Bank has reported an excessive amount of outages over the past year. There are 22 individuals that have signed a petition asking for this meeting and we are assisting to expedite this meeting. Nawrocki stated we should have more information on the outages. Clark stated that specifics will be brought out at the meeting. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010 -80, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -80, Resolution Supporting Central Avenue Merchants Meeting with Xcel Energy. Upon vote: All ayes. Motion carried. G. Approve Payment of the Bills Nawrocki questioned check # 135397 for $34,000 to Tierney Brothers that is being charged against the public safety building. Fehst stated these were monies encumbered in the original proposal. Nawrocki asked if this is just spending the funds that were saved in other areas. Motion by Nawrocki, second by Diehm, to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 135855 through 136041 in the amount of$1,408,968.77. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2010-73, 1162-64 Cheery Lane N.E., 2010 -74, 4415 Madison Street N.E.. 2010 -75, 3815 2 -1/2 Street N.E., 2010 -76. 3732 3rd Street N.E., 2010-77. 1335 41st Avenue N.E., and 2010 -78. 4247 -49 2nd Street N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman indicated the rental license revocation of 1162-64 Cheery Lane was for three items. Two items are now complete and they hope to be done before the next meeting. Gorman asked that this item be tabled to the next meeting. Motion by Kelzenberg, second by Diehm, to table the rental license revocation of 1162-64 Cheery Lane to September 13, 2010. B. Adopt Resolutions 2010 -69, 4812 Stinson Blvd. N.E., 2010 -70, 1428 42nd Avenue N.E., 2010- 71, 1131 40th Avenue N.E., and 2010 -72, 4621 6th Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated that 4812 Stinson has three items to repair. Item A is complete. 1428 2" Avenue has a large tree to remove. 1 131 40 Avenue has a large tree to remove. 4621 6 Street has a dead tree to remove. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2010 -69, 70, 71, and 72 there being ample copies available to the public. 10 City Council Minutes Monday, August 23, 2010 Page 5 of 24 Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2010 -69, 70, 71, and 72 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. C. Second Reading of Ordinance No. 1584, Amending Chapter 2, Section 10A pertaining to Form of Government; Ordinance No. 1585, Amending Chapter 7, Section 72 Pertaining to bonded Debt and Debt Limit; and Ordinance No. 1586, Amending Chapter 9, Sections 87 through 92 Pertaining to Eminent Domain in the City Charter Motion by Diehm, second by Kelzenberg, to waive the reading of the ordinances, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No.1584, being an ordinance amending Chapter 2, Section 10a, of the Charter of the City of Columbia Heights pertaining to Form of Government. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No.1585, being an ordinance amending Chapter 7, Section 72, of the Charter of the City of Columbia Heights pertaining to Bonded Debt and Debt Limit. Upon vote: All ayes. Motion carried. Motion by Keizenberg, second by Williams, to adopt Ordinance No.1586, being an ordinance amending Chapter 9, Sections 87 through 92 of the Charter of the City of Columbia Heights pertaining to Eminent Domain. Upon vote: All ayes. Motion carried. D. Suspension of Tobacco License for Pyromaniacs- -4400 Central Ave NE Scott Clark, Community Development Director, introduced Captain Lenny Austin, Detective Erik Johnston, and the Jim Hoeft, City Attorney present to support the tobacco license suspension of Omar Wazwaz for 4400 Central (Pyromanics) until December 31, 2010. There is a of a seven day of i but due the minimum vseven uay suspension for a minimum Ot three Violations, t7ut uuc to tur brieVOiis nature and repeat violations we are recommending a penalty that goes to the end of their licensing period. Under license provisions of the City it is stated very clearly that the license is a privilege and not an absolute right. Along with that goes the responsibility to know city, state, and other governmental laws. Clark referred to the letter where the violations have been listed. He stated that before this business opened there was a large sign in the window specific to drug paraphernalia. Based on the direction of the Mayor, they were sent an informal letter welcoming them and stating that we have a zero tolerance as far as the issues brought forward tonight. Clark referred to the June 15, 2010 letter regarding the seizure of approximately 4,000 drug paraphernalia items. June 15 there was also the seizure of metal knuckles under the State provisions of possession of a dangerous weapon. On July 15, during a tobacco check there was a sale of cigarettes to a minor and an administrative citation was issued. They were challenging both of these. On August 5, 2010 the Community Development Department received a complaint that was forwarded on to the State Department and a check of the business revealed that they were again selling the metal knuckles. A fourth citation was then issued for possession of a dangerous weapon. There were numerous meetings held with the City Attorney, Chief of Police, and Community Development staff and because of the nature and extent, we recommend suspension of the license to December 31, 2010. Nawrocki asked if the revocation stands, would that close down the entire business and what is considered tobacco products. Clark stated this would only be for the sale of tobacco products. 11 City Council Minutes Monday, August 23, 2010 Page 6 of 24 Hoeft indicated that tobacco or tobacco products are defined by State Statutes and we follow that definition. Peterson stated that any tobacco or tobacco related products would not be allowed, but items such as pop would be allowed. Hoeft stated that this is primarily a tobacco store and has tobacco and tobacco related products. Nawrocki asked what other items they have to sell. Hoeft indicated that he is not aware of their inventory, but they need to comply with the definition of tobacco and tobacco related products. If they do not have a license they can not sell any of those items. Motion by Williams, second by Kelzenberg, to suspend the tobacco license issued to Omar Wazwaz for property located at 4400 Central Ave (Pyromaniacs) until December 31, 2010 based on citations issued on June 15th, July 15th, and August 5th, 2010. Alex Bajwa, 282 Clarence, St. Paul, 55106, stated he is the attorney for the owner, Omar Wazwaz. The owner sent his apologies, as he is breaking the fast for Ramadon and could not be present. Bajwa stated that this would effectively shut down the business. Primarily the business is selling tobacco and tobacco related products and constitutes about 80 to 90 percent of their business. They employ two full -time Columbia Heights residents that would no longer be working at the shop if it was shut down. Bajwa indicated objections to going to a suspension right now. Three of the violations are still in the court system; and we disagree with the police definition of what drug paraphernalia and dangerous weapons are. What was taken out of the store as alleged drug paraphernalia were ail items that are for tobacco use and the store makes it known that they are for tobacco use. The alleged dangerous weapon is a belt buckle; the same as sold at Spencer's and Hot Topic. No conviction has been brought for any of the violations. There is a court date in October and a judge will determine if a violation occurred. Except for the one incident, we are no longer selling any of the items that were confiscated by the police. The only time that there was a mistake was when Mr. Wazwaz was in Jerusalem and his employee accidently sent the inventory from the Maplewood store to the Columbia Heights store. He has subsequently made sure that nothing like that, legalistically, can happen again. If you come to the store tonight you will find nothing that vvas Confiscated from the store and we are keeping it that wa' until we get a decision from the judge whether those items constitute paraphernalia and a violation of the law. Bajwa stated that the city ordinance requires three violations before suspension is put into place. He referred to the next item, another store (Hot Market) which is being considered for a month long violation for selling to minors on multiple occasions. It is like you are choosing to put one business completely out of business and create another vacant property on Central Avenue when we are trying to fix the problem, and taking temporary steps to keep that problem resolved until we get a final order from the judge, but another business is essentially getting away with a slap on the wrist. He offered to answer questions about what is currently happening at the business. Diehm asked, regarding the court date in October, if that is an appealable a decision. Bajaw stated he handles criminal and that will be handled by his defense attorney. Hoeft stated that the October date is just an opinion date and there will not be any determination at that point. The next court appearance will be a pre -trial and if the matter is not resolved it will be set for trial. Because it is a misdemeanor, the only evidentiary hearing will be held at a jury trial or the court trial. That determination can be appealed. Diehm stated that arguably, if we wait for the court decision, it could be more than a year. Hoeft stated that may be a little long; but right now the court system with reduced funding and more cases; to give you an idea we were scheduling matters for the next court calendar and the earliest we could get was 45 to 60 days out. The pre- trial would probably be four to five months. An appeal would be a year or more. 12 City Council Minutes Monday, August 23, 2010 Page 7 of 24 Nawrocki requested clarification. Diehm referred to Bajwa's comment that we should not suspend the license because they are challenging two of our violation. Diehm stated that it would be ridiculous for us to wait for them to be resolved, because the term of the license would be through. Hoeft stated for clarification, the business owner's attorney stating that matters are still in the court system and licensing issues is not criminal; it will be done by a different standard. It is the Council's determination, based on the privilege of holding this license, tobacco and alcohol — two of the most regulated activities in the country, and as such the Council has the ability to determine whether the violations in front of it, as a civil matter, are a violation of the license that is issued civilly. It does not have to be a criminal determination. An example of that would be Mr. Simpson who was not found guilty criminally, was found civilly responsible. Here under the civil action, the Council can not act arbitrarily or capriciously and in doing that you need to look at the information presented to you, and he asked that the decision be made on the preponderance of the evidence. Captain Austin and Investigator Johnston showed examples of the confiscated drug paraphernalia and photos of the store. Obviously, 4,000 items of drug paraphernalia could not be shown. Johnston was the lead investigator in all three instances. Johnston referred to the owner's attorney statement that they are tobacco items and are not paraphernalia. The weapons, or paper weights /belt buckles as they refer to them, are displayed in cabinets that have nothing other than weapons like knives, mace, and spray. In June they described the brass knuckles as a belt buckle and in the second violation it was said to be a paper weight. Johnston indicated that the argument the owner is making is that these items are for tobacco use only and what the customers do with them after they leave the store is their business. He also showed pictures where next to the pipes there are items with pictures of marijuana that are displayed throughout their cabinet. They decorate quite prevalently with marijuana symbols, which is an illegal drug. He showed an item they say is for tobacco use only and looks to be a permanent marker and when pulled apart is a concealed pipe within the marker. He passed around a bag with samples from the 4,000 items confiscated from the store. Johnston stated that in his eight years as a law enforcement officer he has never once experienced these items being used for tobacco, but has experienced many times these items being used for illegal drugs including marijuana, methamphetamines, crack, and other such drugs. Council members examined all of the confiscated items and pictures from the store shelves. Johnston stated that on August 14 more pairs of brass knuckles were removed after they had already been removed in June. Fehst asked how many pipes were confiscated. Johnston stated about 4,000 items ranging from three foot water bongs to small glass pipes. Peterson stated it was his understanding that they had the opportunity to clear these supposedly illegal paraphernalia from their store so that it would not be confiscated and they did not do that and did not care about a warning. Johnston stated that they had two full days after contact was made by Chief Nadeau and discussion of our concerns and what the law stated. We went back two days later and nothing had changed. At that point over one -half of the store was dedicated to these glass pipes and items shown. You could see a very logical line where half of the store was traditional tobacco products, cigars, and tobacco pipes that you normally see and the other half was glass pipes, metal pipes, water bongs, and things like that. Peterson referred to the signs in the window for months prior to the store opening indicating glass pipes. We were concerned about this and requested they remove the sign. When they opened they had glass pipes, brass knuckles, things to throw with points, and knives. It is not a store he would take his grandchildren to. He was sickened by this and it gives our society the wrong impression. Diehm stated that we have ordinances and state statutes and our own code where we handle those 13 City Council Minutes Monday, August 23, 2010 PxeeVof24 restrictions. We have been more than fair in our efforts to make the owner aware of the restrictions and she stated her comfort with the investigation by our police department and staff. Diehrn stated her support for this action. Williams described the brass knuckles and stated that they are made for fighting and are not a belt buckle. Williams stated his support n[the motion. Peterson stated that we are trying to make this community a better place to live. We have a very diverse community, which we welcome. But this type ofoperation has no place in Columbia Heights. Deb Johnson, 4626 Pierce Street, questioned that these items were brought from the Maplewood store. Bajwa stated that the owner has seven other stores around the state and sells the same products he had here. He has had a working relationship with every other city and there have been no criminal violations or problems on state statutes in the other stores. The items were accidently sent over when Mr. Wazwaz was in Jerusalem. The Maplewood store has been open for seven years. Johnson stated that someone should tell them about it. Bajwa stated that when Mr. Wazwaz received the letter from the police, he did make several efforts to try and discuss with the police department what were acceptable products in Columbia Heights and what were not. B 'vvuoio1cdbcmndcnouoyo\tcrop|soverLhccouneofn§:wduyu to make contact with the police and it was voice mail after voice mail. He did speak with Captain Austin once and scheduled to speak the afternoon after the raid at the store. We made previous attempts and he wanted to point out that since that has happened none ofthose pipes have been sold at the store. The store is only selling items that were deemed by the police on that day to be saleable in Columbia Heights. Diehm questioned his comment that none ofthe items were sold after the raid, yet in August some inventory was accidently shipped to the store. Diehm stated that so it was fair to say that after the raid you continued to sell, at least on a limited basis, those items which the police told you not to. Bajwa stated thut would be true and would just be the knuckles, no pipes. They were immediately removed again, and right now there is nothing similar to what was taken by the police. Bajwa stated that the length of the suspension is why he says it is punitive. This is the City Council deciding to put a business out ofbusiness with a |iccnsc|hcsy had approved not three months ago, where we discussed with the city staff what was going to be sold there and the license was approved and within two days that raid happened. We did attempt to change our behavior. This is putting a vacant store back on Central Avenue that has made a proactive effort to change their behavior while in the court system. We are happy to work with the City Council to modify behavior more after the complete suspension of being able to operate with the selling oftobacco. Bob Odden, 1021 2'/2 Avenue NE, stated he could go to Minneapolis and buy the sarne items. If it is a violation, then why is it being sold in Minneapolis? Clark stated that every community makes a decision as to what they want to do for prosecution. He has a counterpart in another city that has this type of business, but that particular city decides not to spend their tirne and resources on that particular issue. Our council has chosen a policy on this. As for his department, the police department, and the City Attorney, they view this type of business as a violation and against our comrnunity values. Odden suggested studying Minneapolis to see ifit increases drug use. By not having them sell tobacco and tobacco products they can still sell weapons. He stated he has more concern about the sale of weapons. Peterson stated illegal weapons are listed. Hoeft stated that under illegal weapons they can sell certain types o[knives, but brass knuckles are specifically listed in the State Statutes as an illegal weapon. Diehm stated that they are prohibited from selling those no matter how we act. Peterson stated that we are trying to clean up our city and looking at the pictures shown, we do not want those things sold in our city. 14 City Council Minutes Monday, August 23, 2010 Page 9 of 24 Donna Schmitt, 4260 Tyler Street, asked how the business was notified of this meeting. Clark stated they were sent a certified letter and regular mail. Schmitt questioned if the license is revoked tonight, is the owner allowed an appeal process before the end of the year. Hoeft stated that under the process in our ordinance, if the council determined revocation is the appropriate action, the business owner would have to appeal to the District Court. They would have to file and make that motion proactively on their own and this is their ability to appeal. Schmitt stated this business came to the Planning and Zoning Commission (P&Z) and was approved, to the City Council and was approved. Diehm stated that was incorrect. Clark stated this did not come to the P &Z as it was a permitted use. Diehm stated that they met the requirements of our ordinance. Clark stated the process is that the owner approached city for a tobacco license. We do a criminal background check to see if there are any violations that would prevent them from getting a license. Schmitt remembered the license approval and asked if some of these products are available in other stores in our area or is this exclusive to this store in our city. Hoeft stated there were other stores previously that came to the attention of the city, i.e. glass pipes and paraphernalia. The police department worked with the store owners and they were voluntarily removed. We do re- checks and have had good cooperation. Schmitt asked if those stores were given a citation. Hoeft stated they were not given citations as they worked with the city. Austin indicated an incident at 4001 University was cited for selling drug paraphernalia. Hoeft stated there was resolution to no longer sell those items as a condition of the suspension or referral of the criminal prosecution. Peterson stated that others had them and were asked to remove them and did so. He stated that others have indicated that if other stores are allowed to sell them, they will put then back in. This would open the flood gates again. We are trying very hard to clean up our community. Schmitt agreed and stated that we need to be consistent. Hoeft stated that we have only issued citations when they do not work with the city on these matters. Schmitt asked when the warning was given and when the citation was given. Austin stated the correspondence began around April_ and both the police and community development department sent letters with our concerns. On June 13 Chief Nadeau went into the store and gave them 48 hours to remove all items off of the walls. They did not comply. Investigator Johnston, after the 48 hours lapsed, executed a search warrant, confiscated the property and cited the employees working at that time. Adequate warning was given. Bajwa stated that during the two day period, multiple, multiple times they tried to contact the police department to work with them, and he stated again that those items have been removed from the store. This would shut down a store that has already taken those items out and we would love to work with the City Council on a solution that does not completely shut down the store overnight. Diehm asked if when they were given the warning if they removed the items from the store. Bajwa stated they were not removed at the time because we thought it was vague as to what items needed to be removed or did not need to be removed. That is why we attempted to contact the police department to receive a clarification on what items to remove. He stated that he was finally told by the police that everything in the store needed to be taken off the walls. Diehm asked if he went to the police station. He stated he did and was told that Captain Austin was in charge of the investigation and that he would have to work with him and the best way to get in contact with him was to leave a voice mail. At which point, Bajwa stated that he did get a call back from him, setting up a discussion on the afternoon after the raid happened. We were making attempts at that time, and Bajwa stated that his client was not happy with thousands of dollars worth of merchandise being forcibly removed from his store, but since then none of those pipes have been sold in the store, aside from the instance where the owner was out of town brass knuckles have not been sold in the store either. So essentially what this suspension does is attempting to fix behavior that has already been fixed, but we are willing to work with the City Council and any other department of the city to come to an agreeable solution and find out how we can work as a partnership for Columbia Heights. Hoeft clarified the statement that items were 15 City Counci! Minutes Monday, August 23, 2010 Page 10 of 24 forcibly removed from the store; they were removed from the store pursuant to a signed and executed search warrant. Diehm stated her recommendation on the best way to work with the City is when the Police Chief comes to visit and provides a 48 hour warning, that the best way to show cooperation might be to cornply with that warning and have the discussion and not allow the prohibited merchandise to be sold less than 60 days later. The logistical error oy"because the owner was out of town", the owner will not be in town every single day of every single month of the entire year and we expect there to be other responsible people in charge. Peterson stated that the City has been very fair in trying to work with the store owner. He does not want to see another empty store front, but he does not want a store front that is selling illegal merchandise just to keep it open. Hoeft stated that there is a motion on the table and when you take action to vote on it, what will happen is that this discussion which occurred tonight and the council letter that is part of the packet will become the legal findings of the Council. Therefore, it would be helpful to indicate that Council's action on the matter is based upon the testimony of staff supporting and providing the background information for the items listed in the Council letter, items number 1, 2, 3, and 4 and also that the Council letter and the attached documentation, as far as correspondence between the City and the owner ofthe establishment are all taken into consideration, as well as input from the public, the license holder of the establishment and his representative. --- Council agreed that these proceedings, the Council letter, attached correspondence, input from the public, l icense holder, and representative be taken into consideration. Upon vote: Kelzenberg, aye; Wil!iarns, aye; Diehrn, aye; Nawrocki, aye; Peterson, aye. Five ayes. Motion carried. E. Suspension ofTobacco License for Hot Market-501 1 University Ave Motion by Kelzenberg, second by Williams. to suspend the tobacco license issued to Sharif A|homnnouri, for property located atjU|i University Ave (Hot Market) from August 25,20iOto September 23, 2010, based on violations found in City Ordinance Article 111. Clark stated this is regarding selling o[tobacco products to minors on March 16, July 15, and July 28, 2010. Included with the Council packet is a report from the police department. The first violation was given after contact with juveniles outside of the business for tobacco. The second violation occurred and the checker was asked what their age was and they indicated they were 17 years old, but they sold to them anyway. The third violation was made with contact with juveniles outside of the business and a citation was issued again. The item will be challenged with issues ofcivil versus criminal. Council can make odetcrminuhon as far as suspension is concerned. The issue is that with the violations in a 24 month tirne period, there isuminimum of a seven day suspension. However, due to three violations with in fi ve months, we view that there hcumore strict penalty and recornrnend a 30 day suspension for the tobacco license. Diehm stated that when we sent underage people in to purchase products they can not lie and they do not have fake ID's. Hoeft stated that per Statute they have to respond truthfully to any question presented to them. Nawrocki asked if this is the more conventional tobacco products. Clark stated yes, for cigarettes. 1 8 City Council Minutes Monday, August 23, 2010 Page 11 of 24 Sharif Alhammouri, 5011 University Columbia Heights and Mohamad Shambolia, 4020 Avenue, New Brighton, friend of the owner and interpreter for the owner spoke. Alhammouri stated he has owned the business for 1.5 year. When he bought the store the police contacted him and he was selling tobacco pipes and items like the other store was selling for five or six years and he agreed to stop selling all the things they did not want in the store. He agreed with the first ticket he received for selling to underage patrons, he plead guilty in Anoka County and paid the fine. The second ticket was like a few weeks before all of the problems; that employee no longer works at the store. He agreed to the second ticket that there was a sale to someone underage. He does not want this done as it is not worth it; being here or hiring lawyers. The third ticket he does not agree with as selling to a person under age because there is one person outside and he sold to the friend who was over 18. There are too many kids around the neighborhood that get someone else to buy them cigarettes. He stated that he has to go to court on September 2 and he met with his lawyer to fight the ticket because he does not agree. The police did not check it out; it was just somebody outside. If the court finds him not guilty on the third ticket, then there would only be two tickets in 24 months. He stated that he knows he should not sell cigarettes to someone under age. The first one was a mistake, and the second employee; he knows that he should check ID's. The problem is underage people ask others to buy for them. Alhammouri asked that the Council wait until the court decides if they give him the third ticket or not, or to give him another chance and remove the license for a shorter time, like the minimum, one week, not one month. One month would put him out of business as that is 80 to 90 percent of his business. He is already behind in his rent two months and closing for one more month he will have to dose the store. The store had a bad history in the past and he is trying to change that. He said he received the letter from police regarding pipes and he stopped immediateiy. He does not have any issues with the neighbors; they are happy and the area is better after he took over the store. Regarding civil or criminal, but he does not believe he is guilty. He stated there were a lot of issues outside of the store with people trying to do illegal activities and he calls the police on them. He had people break his windows twice because he called the police on them. He stated that the first ticket he got, he sold the cigarettes to the brother, but did not want to fight the charge because of the cost to fight it. He is asking to give him the time for the court to decide if their ticket should be in existence or not. He stated that the second ticket he asked the police to check their cameras to see if he sold cigarettes to an underage person. When t to the � p n. hen he wens .c court, t��e prosecutor offered him to plead guilty and he didn't know at that time, because he had only owned the store for a short time and plead guilty. He did not know that it would show on his record and could make him lose his license. He is asking for a shorter time. He doesn't argue on the first and second ticket; the second ticket the cashier made a mistake and sold to an underage person. But the third one he does not believe is right. One month would put him out of business and he is behind in his rent two months already. Diehm asked if it was the same cashier that sold on second and third offense. Alhammouri stated yes. Diehm asked if the cashier plead guilty to the third offense. Alhammouri stated that he did not go to court yet; it will be September 2. Austin stated that the first offense occurred on March 7 as the result of a traffic stop. The owner is correct; after we cited the employee they mentioned that there were surveillance videos that could have helped, but they never followed up with that and never contacted us to get us that information. He may have been right that there was some surveillance video, but he never stepped forward to give us additional evidence that could have allowed us to dismiss that. The second one, which occurred on July 15, was a tobacco compliance check. The clerk did ask how old she was, and said she was underage and 17 years old, and the clerk chose to sell anyway. On July 15 there were some pipes and other paraphernalia being sold. Johnston stated that during the July 15 tobacco compliance check they do have to be honest when asked questions. When our 17 City Council Minutes Monday, August 23, 2010 Page 12 of 24 check went into the store she was asked how old she was and she replied honestly that she was 17 years old and the clerk asked if she was wearing a wire and if she was with the police department. When she answered no to both of those, he replied that since she was being honest he would sell her tobacco. Johnston stated that the compliance checkers are asked to see if these pipes are available. She had a conversation with the clerk at that time about whether or not they had pipes and the clerk said that they had some metal one - hitter pipe. She didn't know what that was so she came back out. In a follow up conversation with that clerk it was stated that behind the counter he had a small stock box that had some metal pipes and miscellaneous items in there. These were not items that were out on the counter for sale, and no purchase was made. I asked him to remove them from the store and he agreed to do that. No citation was issued in regards to the pipes. The third violation was on July 20 and the owner mentioned that there was another person, an adult that purchased the cigarettes. 1 can only go on the officer observations in that the officer spotted a male and female, both who appeared to be underage smoking in the parking lot and that is what sparked curiosity in the officer resulting in the employee being cited for selling tobacco to a minor. During the investigation, one of the underage persons admitted that they went in and bought cigarettes from the clerk. Hoeft asked if the Investigator has the ICR's on each of these incidents and is the necessary information redacted. Austin stated yes. Hoeft asked that they be given to the City Clerk to be included in the findings of the Council. He asked the clerk to pass those findings to the City Council members. Hoeft stated that these are consistent with the summary in the City Council packet information. Johnston noted that in the first and third violation there were two juvenile witnesses each time and both identified the store clerk as the one that sold to them, and they were each interviewed separately and the interview was taped. Nawrocki asked the legal age to buy cigarettes. Johnston stated 18 years of age and over. Nawrocki questioned if the first incident was as the result of a traffic stop. Johnston stated that officers were at the location on patrol work and they noted some occupants of the car that appeared to be under 18 years old and that they had cigarettes in their possession. They stopped them for some other items but resulted in some tobacco products being found. In two separate vehicles stopped, one passenger in each vehicle identified the store clerk being the one that sold to them; and that person said that was the business owner. Sgt. Markum requested a tape of the incident and they never responded with providing it. Ke!zenberg asked for elaboration on the phone call from Katie Engman. Johnston stated that Katie Engman is the Tobacco Compliance Coordinator for the Ramsey County area. Just prior to the July 15 tobacco compliance he received a call from her, as she had been hearing from a lot of the youth that she deals with that Hot Market was the place to go for under aged people to buy cigarettes. They were bothered by it and she passed it along to us. Alhammouri stated that the pipes the police referred to, he was not selling, it was from when he bought the store and was sitting in a box on a shelf and he was trying to return it to the company but they did not want to take it back. He stated is not arguing the first and second ticket, but the police talked to that person outside, when the police found out they were under 18, they are sure the two witnesses would not tell the police that they used a fake ID. The police should have checked if it was a real ID. So when the police stopped them they asked them if they were under 18 but not if they used a fake ID. Unless the police searched them and only found one ID. A lot of people use fake ID's to go buy cigarettes and no body can find out, except the police. Last week the police sent in another underage person and he did check the ID and he went outside and saw the police were waiting outside. He did not sell to them. Today someone underage tried to buy and told him no and the person pushed the cash register into his face and ran from the store. 18 City Council Minutes Monday, August 23, 2010 Page 13 of 24 He asked for another chance and understands what he did was wrong and just requests a shorter time. One month would be a long time to go with no business. He agreed with the minimum punishment, but not the maximum. Peterson asked what percentage of his business this is. Alhammouri stated that cigarette sales are over 75 percent of his sales. He also sells candy and pop. People come to buy cigarettes. No one will come to his store to just buy the other items. He stated he is o.k. with any fine or a one week suspension, and if you cite him again you can suspend it for as long as you want. Deb Johnson, 4626 Pierce Street, stated there is an obvious language barrier. What steps are taken for training in order to check the ID's of these people? Diehm reiterated the question. Alhammouri stated that it does not take a brain surgeon to check ids. The problem is the guy was ignorant and careless and he didn't care. Sometimes if you work there you don't care and they look like they are over age and you don't ask if they look old enough. When the clerk was asked why he did not check the ID, he said that a lot of African - Americans look older, and he looked like he was 23 or 24 and that is why he did not check his ID. Diehm stated that many establishments have a policy that if you get any tickets, then you are fired. Alhammouri stated that the clerk is now fired. Diehm stated but not after the first incident. Alhammouri stated that he decided to give him another chance, but was fired after the second time. There was an argument over the second ticket too, but he was fired after the second one. Diehm asked if the second one was the checker. Alhammouri stated the second one was the one the police caught outside and after 45 minutes they carne and gave the ticket because he was underage with a traffic ticket. It was an honest mistake. Johnson stated there is a language barrier and she was wondering if they can even read the id. Diehm stated that after review of the ICR's distributed and understanding the background, we do have sympathy for owners of establishments that have employees that need to check ID's for tobacco and alcohol sales. That puts a lot of pressure on the owner to ensure that their employees follow the law and it is difficult when it is out of your control and in someone else's control. That being said, the regulations for tobacco and alcohol are so important we need to make sure that owners understand that they will be held liable. Even if it is a mistake by one of your employees and that is through the licensing process. There are multiple violations of that license. She stated appreciation of other aspects and the things being done at the establishment, but we need to look at this. Hoeft asked that the maker and seconder acknowledge that the motion has been made based upon the written Council letters attached to the packet, as well as all of the information that goes with that and the ICR criminal reports that were generated have been seen on each of the three violations and that the Council will consider that in their determination. Kelzenberg and Williams agreed. Diehm asked if we have had any other suspensions following violations. Clark stated that the last one was in 2004. Diehm questioned how staff came up with the 30 day suspension. Clark stated that the issue is that we are somehow hampered as we do not have a graduated scale. We view that there is a difference between two violations spread out over a four month period of time rather than the concentration of time here. Is there a difference between 30 days or five weeks? We felt that was a reflection in the severity. Hoeft agreed with Clark's comments and indicated that 30 days is not from a fancy calculation, but staff came up with a time frame that we felt was appropriate in the overall context of what has happened. The Council is not bound by that time frame. If you want to modify the time of the suspension, you could do that. Per the ordinance we have the minimum of a seven day suspension. You can go under the 30 days or over the 30 days. 19 City Council Minutes Monday, August 23, 2010 Page 14 of 24 Diehm stated that she wanted to be sure that the suspension staff recommended has a basis on what is seen in other communities or compares and we have and a solid base for that. Hoeft stated it is not based on other communities, but internally within our system and in our code there is a mandatory seven day suspension period and that is for a certain number of violations within 24 months, and because of the five month time period that these three violations occurred in we felt that more than the minimum was necessary in order to appropriately respond to the violations. It was determined by staff that this was more strict than the minimum, but not as strict as the case before this one, which had a number of other mitigating factors. He stated that it does not go with an equation; it would be nice if our ordinance had a graduated scale and took some of the subjectivity out of it, but we do not. Clark stated that whatever direction is set, would indicate precedence. Kelzenberg stated he would be O.K. with a two week suspension as they have taken steps to correct the problem. The owner has had two broken windows and he has taken some ramifications, if he is telling the truth. He needs some more training, but a month may be a little harsh under the circumstances. Diehm stated that for alcohol compliance employers can be required to provide training to their employee and they pose conditional training, and voluntarily are subject to compliance checks. Restaurants install card readers to use before they serve anyone. Are there any other training requirements? Hoeft stated that there are other communities that have adopted best practices, where they reward lessened consequences if they agree to a training program. You are open to any other criteria other than arbitrary or capricious. You can require additional training. He stated he does not know of such programs off the top of his head and we are not sure if we can ask the police to have an additional program. We would want the owner to commit to the additional agreement. Peterson asked Captain Austin if he was aware of any place we can send them for additional training. Austin stated he was not aware of any police stations that do tobacco training; there is alcohol training. Nawrocki indicated that whether a month is reasonable or not reasonable, Pyromanic's suspension is a four month suspension and this one .month suspension is considerably less. Hoeft concurred in that we have not had one for a number of years and now we have two at once. We made them consistent with each other based on the difference we see. Peterson stated that they were fined $200 and $250. Hoeft stated that our Code has a civil penalty that is imposed for first, second, and third violations and that is separate and apart from any suspension. Peterson indicated that he thought that would be a deterrent. Diehm stated that they commented they are willing to pay any fine, they just do not want the suspension. It is clear that the only way to stop the behavior is to suspend the license. It is clear that the fines do not have the impact you want them to have. Peterson agreed. Alhammouri stated that when he said he was willing to pay any fine, it doesn't mean he has thousands of dollars and that he does not care about the fine. He does not have the money to pay the fine, but would prefer to pay a fine more than closing the store and not having the income. He believes he should be punished, but not for one month. He has not even gone to court for the third ticket on September 2 The third ticket he may get out of and then he would be suspended for one month with only two tickets within 24 months. He does not believe that the person outside was telling the truth. This could have been bought by fake ID. He got scared when he got caught. If he has only two tickets he would not be suspended at all. When he talked to Mr. Scott at the City, he said that the reason to be suspended for more than one week was that he had two tickets in two or three weeks. We think that it should be less time because he didn't have time to train him or hire someone else. He does not say he should not be punished, but not for one 20 City Council Minutes Monday, Augus 23.2010 Page 15of24 month. A one month punishment would put him out ofbusiness. A fine would be a lot for him to pay. He does care about the money, but better than closing the store. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson. aye. 5 ayes. Motion carried. Diehm asked the police officers about the sale of rnace/pepper spray. She asked ifthere is an age limit on the sale ofthis. She purchased some and was asked for her ID. Austin stated his belief was that you have to be 18. The request for an ID was store policy. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions b. Adopt Resolution 2010-79, Approving the 2030 Comprehensive Plan Jeff Sargent, City Planner, stated that on May 26, 2009, following review by the public and the City Council, the Comprehensive Plan was accepted for submittal to the Met Council. Following their approval, the Comprehensive Plan requires adoption by the City Council. The Plan will then be disbursed to the Planning and Zoning Commission and the City Council. The Met Council gave their approval on October 14, 2009. Sargent explained the time conflict. Nawrocki indicated it was not correct to ask the Council to adopt the Plan before receiving a copy. He stated that last year when he asked questions, they were not answered. Sargent stated that the Council essentially approved the document Iast May 26. The Met Council had a few technical number questions that were considered minor updates and has now met their requirements. Nawrocki stated that the City of Fridley made comments that Council did not received. Motion by Nawrocki to delay the vote on the Comprehensive Plan until a copy of plan, Met Council comrnents, and the City ofFridley comrnents are received. Diehm questioned if there was utinne restriction for the approval. Sargent stated that if there are qignifirant changes made, the Plan would have to go back to the Met Council and we would not have a 2030 plan. Sargent indicated that if this was approved. the Plan could then be amended. Diehm stated that rnight be preferable and an arnendment would require a public hearing and a four-fifths vote. Peterson called for a second to the motion. No second was received. Motion failed for lack ofa second. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010-79, there being arnple copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki stated that it was ludicrous to waive the reading ofn document we do not have. Sargent indicated that it is the reading ofthe resolution that is being waived. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2010-79, approving the 2030 Comprehensive Pan Diehm read portions ufthe resolution and indicated that the Council has reviewed the Plan and received public cornrnent on it. Nawrocki questioned portable housing units and the life cycle opportunity. Sargent indicated the 21 City Council Minutes Monday, August 23, 2010 Page 16 of 24 recommendation is an additional 231 units. Scot Clark, Community Development Director indicated that would be approximately 70 percent of our current housing stock. This is defined as affordable housing; single family with income limits and a house under $160,000. Sargent reminded the Council that this number is only a goal set by the Met Council, not an obligation. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. a. Adopt Resolution 2010 -68, Approving Continuation of Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Sargent stated that the Met Council established the Met Council Livable Community fund. This resolution is required to allow our participation and for us to receive funds for site clean up from 2011 through 2020. The resolution requires a range of affordable housing goals, which is accomplished through the Comprehensive Plan just adopted. The possible new redevelopment life cycle housing unit goal is set at 697. These are only goals. Nawrocki asked if this could be Section 8 housing. Diehm stated this is not a mandate. Some units at Grand Central Lofts could be considered affordable. Nawrocki indicated that we should not agree to set this goal, as it may be used against us in the future. Peterson indicated that we already participate in this program. Clark stated without this we would not have received the grant for 47` and Central Avenue. Fehst stated this was program was used for the cleanup of the industrial site. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2010 -68, approving of the continuation of participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities, thereby establishing affordable housing and life -cycle housing goals. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. B. Bid Considerations - none C. New Business and Reports Nawrocki stated that he attended the SACA community garden open house and was very impressed. Over 400 pounds of food has been sent to SACA and an additional 100 pounds of food was sent to Park View Villa. He commended all persons that are working on this project. Nawrocki presented a check for $4; the cost for him and his wife to attend the Police community picnics, per Council member Diehm's motion that members not receive the benefit of any food. Nawrocki referred to the approval of payment a couple of weeks ago for meals for the City Manager up north and for the North Suburban business group. Fehst stated that was in lieu of the allowed stipend. Diehm indicated that Council member Nawrocki has brought up this issue multiple times. She stated that in review of the minutes regarding this item, she strenuously objects to Nawrocki's repeatedly mischaracterizing that motion and she asked that a copy of those minutes be provided to Mr. Nawrocki so that he can review them himself. The motion reflected the fact that no reimbursement would be provided to members of the Council or Mayor for out of pocket expenses. If Mr. Nawrocki does not understand what that motion means, she stated that she 22 City Council Minutes Monday, August 23, 2010 Page 17 of 24 would be happy to meet with him and the City Attorney and get a better understanding of what those words mean. Those words simply mean that we can not submit the fees for our own out of pocket expenses and get reimbursement. That is not a motion that is up for discussion, that it is simply a motion that was made in the past. It should not be discussed and she asked that the record reflect that Mr. Nawrocki repeatedly mischaracterizes what that motion represents. Nawrocki stated that he has a copy of the minutes of that meeting. Diehm asked him to read it. Nawrocki stated it is a matter or not of whether the City will pay for food or mileage for any member of the Council. You can pull your lawyers game and play a word game on how you define various terms, whether you pay for food in cash, present a slip and it is paid to someone else, it is dollars for food or mileage. Diehm stated her respect for the fact that he wishes that to be different, but that is not her motion. She stated that he would characterize it as Ms. Diehm's motion or Tami's rule, but the rule that was adopted by the Council that night by a four to one vote was simply for no reimbursement for out of pocket expenses. She stated that if he would like to have a different rule that affects staff or affects him separately, that that will have to be brought before the Council. The rule is what the rule is and it was adopted in a specific way. It is continually brought up and characterized as something that it is not. That is not fair. Nawrocki stated that is defining what was actually proposed. He stated that in November she proposed that the City Council would not be paid for any food or mileage. Motion by Williams, second by Kelzenberg, to accept the Council's $22 donation for coffee. Nawrocki questioned how this is to work. Peterson stated that we are accepting, through the proper channels, the $22 donation to purchase coffee so we can have coffee during our meetings. Nawrocki questioned how he could be involved in the donation. Peterson stated it was done openly at a Council meeting. Peterson stated that he could also contribute to enjoy the coffee as we have. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye. Nawrocki requested to include his $2. Fehst stated that employees put in a dollar a month for coffee, so when the $22 was dedicated by the three Council members and will be extended over the months. They will be asked for another donation in several months. Nawrocki asked that the record show that he is giving his $4. Peterson stated that there is a motion and second partially voted on. Nawrocki, aye; Peterson, aye. All ayes. Motion carried. Motion by Nawrocki to present $2 to become part of the coffee fund, along with a check for $4 for two meals at the police picnic. Peterson stated that would not be necessary. Diehm stated that it could be added to the general fund. Nawrocki stated that we ought to give the people in the audience the opportunity to drink the coffee. Nawrocki stated that he did not wish to make a motion, only to make it part of the record. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the Tuesday, September 7 work session will include the inflow program and collection in District 11 and budget review. As the economy is not where we thought it would be there is some leeway within the budget. Fehst stated that Council member Kelzenberg stated he would recommend no more than a three and one -half or four percent increase, based on the hardship of the public. We anticipate the Council will make further cuts and /or a reduction in the fund balance. We also anticipate the need to extend the four year plan to remove the need for LGA. LGA is a resource that will probably go away. Nawrocki indicated that there should be a decrease in the 23 City Council Minutes Monday, August 23, 2010 Page 18 of 24 budget. We have had double digit increases. There is an eight percent increase in this budget and he is not sure if it includes the HRA or County levies. The City's debt has increased. In the past it has been indicated that ten percent of our homes are in foreclosure. Nawrocki asked how many additional homes have been foreclosed since the last report received? We should not only look at a decrease in the levy, but also a decrease in staff and other expenditures. Nawrocki questioned the high usage at Key's Park on Saturdays and Sundays and the problems caused for the neighbors. Fehst gave an update of recent activity. Nawrocki referred to Met Council work on Monroe and 49` and a resident's request that water be used to keep the dust down. Report of the City Attorney -none CITIZENS FORUM Pat McDonald, 3725 Lincoln, requested that with the new audio visual system the City explore adding closed captioning. At this meeting he was only able to hear about five percent of the dialogue. He stated that he has no idea of the cost for this, but there are a lot of senior citizens with hearing problems. Fehst stated that we will discuss this with the cable company. McDonald referred to the high cost of the required biodegradable yard waste bags and asked to have the City's contractor provide yard waste carts. There is a fee, $4 a month for 8 months pro -rated on your water bill, but he would be willing to pay for the convenience. This would only cost those people that want the container. Blaine has these containers. McDonald also suggested switching the recycling containers to the larger can, as many people recycle more than the regular garbage. Staff told him this would have to be approved to begin at the first of the year. Nawrocki indicated that he has also made the request for yard waste canisters. Bob Odden, 1201 42 %2 Avenue, stated that people can go to the Columbia Heights recycling center to recycle. The Friends of the Library are looking for additional members. Go to the city web site for They help ' Library pay p for their events. Odden more information. i ie uci the �;iuiai a" certain expenses aiiu - volunteer stated concern with Comcast grant expenditures such as $70,000 for cabling the liquor stores. This should come from liquor store profits. Odden referred to the DARE program. A recent study showed it does not decrease drug use and may actually increase it. Nawrocki stated that he has attended the DARE program graduations. The kids have done great and learned from the program and we are glad we are involved in this program. Nawrocki again questioned when the Council meetings will be rebroadcast. Fehst stated that the meetings will be rebroadcast eleven times on Channel 15. We will request to place our meetings on the Education Channel. We will assess our video equipment needs and bring the recommendation to Council for approval. Nawrocki suggested publishing the minutes of Council meetings in our local newspaper. Fehst indicated viewer's preference to watch the meetings. Peterson stated that publishing the minutes would be an added cost. We are working hard to keep replaying the meetings as an option. Fehst requested a copy of the Federal study regarding the DARE program, as this is the first he has heard of the ineffectiveness of the program. Diehm commented on the DARE program and felt it would be hard to prove it as a negative. Nawrocki stated that from listening to the students, it is very effective. ADJOURNMENT 24 City Couricil Minutes Monday, August 23, 2010 Page 19of24 Peterson stated "Don't forget your service men and women and keep them in your prayers." Peterson stated that he was fortunate to ride with the National Guard 133 AirWing in u[|30oo a training mission with the City Manager and two of our emergency personnel. They explained what they do for us and what they can offer us. They are quality people and he was thoroughly impressed. Peterson stated "Don't take yourself too seriously and do a random act nfkindncso." Peterson adjourned the meeting atIO:23 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2010-63 BEING A RESOLUTION ACCEPTING CAPITAL GRANT AND CABLE STUDIO EQUIPMENT FROM COMCAST OF MINNESOTA, INC. ("COMCAST") AND AUTHORIZING APPROPRIATION OF SUCH GRANT MONIES AND THE TRANSFER OF CABLE STUDIO EQUIPMENT WHEREAS, as part ofthe renewal franchise agreement, Comcast will provide the City of Columbia Heights (the "City") with a capital grant of $194,842.00 that can be used to purchase new video equipment, for institutional network construction, or for other permitted capital purposes; and WHEREAS, as part ofthe Commitment Letter Agreernent between Corncast and the City, Comcast will transfer ownership of $65,000.00 worth of equipment currently housed at the comrnunity access studio to the City; NOW, THEREFORE BE IT RESOLVED that the City hereby accepts the grant of$|Y4.X42.0O from Comcavt for the specific purpose ofupgrading video equipment and constructing an institutional network and that grant revenues be deposited in fund 440, Capital Equipment — Cable TV; and BE IT FURTHER RESOLVED that $ 194,842.00 be appropriated in fund 440, Capital Equipment Cable TV for the purchase ofvideo equiprnent and installing an institutional network; and BE IT FURTHER RESOLVED that the City Manager is authorize to proceed with the purchases and installation of the items covered by the grant in an arnount not tv exceed $|94.842,V;;and BE IT FURTHER RESOLVED that the City accepts the 565,000.00 worth of equipment currently housed at the community access studio from Comcast, and hereby transfers ownership of ofsuch equipment 10 School District \], RESOLUTION 2810'80 Resolution Supporting Central Avenue Merchants Meeting with Xcel Energy WHEREAS, the City's Central Avenue merchants have been experiencing an inordinate amount of power outages over the past year; and WHEREAS, the need for reliable and continuous electrical energy is a critical component to business operations; and WHEREAS, area rnerchants desire to have a comprehensive meeting with Xcd Energy to discuss remedies to the issues at hand; and WHERAS, the desire for such a meeting has been expressed through a petition to Xcd Energy: and WHEREAS, the City lhrough ts Flousing and Redevelopment Authority has similar concerns for its day to day operations at Parkview Villa; and WHERAS, the City is in a position to expedite a meeting with Xxd Energy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights follows: 1. The City Council, recognizing the concerns of the Central Avenue merchants, hereby direct staff to request a meeting with Xcel Energy with the purpose of determining and taken actions to remedy the ongoing power outage situation. 25 City Council Minutes Monday, August 23, 2010 Page 20 of 24 RESOLUTION 2010 -69 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 11, of City Code, of the property owned by Linda L. Dootson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4812 Stinson Blvd. N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 July 29, 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 June 21, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 29, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 13, 2010 inspectors reinspected the property and found that violations remained uncorrected. 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 replace all /any missing screens, shall replace the missing overhead garage door, and shall repair /replace the soffit /fascia on the garage that is deteriorated. 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 4812 Stinson Blvd. 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 4812 Stinson Blvd. 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 2010 -70 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 11, of City Code, of the property owned by LeDora Hankton (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1428 42" 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 3, 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 June 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 3, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 12, 2010 inspectors reinspected the property and found that violations remained uncorrected. 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 very large dead cottonwood that is in the backyard. It is a hazard to the structure located at 1421 Circle Terrace Blvd. 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 26 City Council Minutes Monday, August 23, 2010 Page 21 of 24 1. That the property located at 1428 42 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 and completed. ORDER OF COUNCIL 1. The property located at 1428 42 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 2010 -71 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 Segundo E. Ramon (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1131 40 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 5, 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 June 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 5, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained August A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 13, 2010 inspectors reinspected the property and found that violations remained uncorrected. 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 trees on the west side of the property line 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 1 131 40 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 and completed. ORDER OF COUNCIL 1. The property located at 1 131 40 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 2010 -72 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 11, of City Code, of the property owned by Timothy D. Pfleghaar (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4621 6' 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 action contained herein was sent via regular mail to the owner of record on August 5, 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 June 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 27 City Council Minutes Monday, August 23, 2010 Page 22 of 24 2. That on August 5, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 13, 2010 inspectors reinspected the property and found that violations remained uncorrected. 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 trees on the west side of the property line 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 4621 6' St 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 4621 6 111 St 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. ORDINANCE NO. 1584 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 10A OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO FORM OF GOVERNMENT The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 10A, of the Charter of the City of Columbia Heights is hereby eliminated Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1585 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO BONDED DEBT AND DEBT LIMIT The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 72,of the Charter of the City of Columbia Heights IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 72. BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four -fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of ail the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, or improvement or water, heating plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. (Ordinance No. 1284, passed June 13, 1994) Before any bonds are sold, there shall be a four -fifths vote of the council authorizing the issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty-day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. 28 City Council Minutes Monday, August 23, 2010 Page 23 of 24 The actual award or sale ofthe bonds shall be approved by a resolution passed by a four-fifths vote ofthe council. (Ordinance No. 1492; passed September 12, 2005)(Ordinance No. 1284, passed June 13, 1994) In addition to all powers specifically granted in that regard by its charter or amendments thereto, the city shall have all the powers in reference to the issuance of bonds or certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10, 1986) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1506 BEING AN ORDINANCE AMENDING CHAPTER 9, SECTIONS 87, 88, 89, 90, 91, AND 92 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO EMINENT DOMAIN The City ofColumbia Heights does ordain: Section 1: Chapter 9, Sections 87,88.89.9O,9|. and 92o[ the Charter nf the City nf Columbia Heights IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 9 Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is hereby empowered to ucquire, by pumhoxc, gift, devise or condemnation, any property, corporal or inwrpo,a|, either within or without its corporate houndudes, which may be needed by said city for any public use or purpose. in addition to the power to acquire property for other pubiic purposes, the city may also acquire, as herein provided, any gas, water, heat, power, tight, telephone. or other plant or other public utility; but no proceedings 10 acquire any such public utility shall be consummated unless the city has the money in its treasury to pay for the same or has by vote of the people made provision for paying for the property proposed to be acquired. The general laws ofthe State ofMinnesota relative to Eminent Domain shall govern the City of Columbia Heights. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. RESOLUTION NO. 2010-68 RESOLUTION ELECTING TO CONTINIJE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2020 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesola Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account. the Livable Communities Demonstration Account, the Local Housing Incentive Account and the lnclusionary Housing Accnunt, is intended to provide certain funding and other assistance to mctroyo|iun'a,eumvnicipa|idcv; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under rvlinnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Developrnent Guide; and WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, o metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account 29 City Council Minutes Monday, August 23, 2010 Page 24 of 24 the required Affordable and Life -Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights follows: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. 2. Agrees to the following affordable and life -cycle housing goals for calendar years 2011 through 2020: Affordable Housing Goals Range Life -Cycle Housing Goals Range 231 -250 466 -500 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. RESOLUTION NO 2010 -79 RESOLUTION ADOPTING THE 2030 COMPREHENSIVE PLAN WHEREAS, all cities in the Twin Cities Metropolitan Area were required to submit their comprehensive plan updates to the Metropolitan Council by December 31, 2008; and WHEREAS, the City held various work sessions, received public moments and held public hearings in formulating the City's 2030 Comprehensive Plan; and WHEREAS, the City staff provided reports to the Planning Commission and the City Council; and WHEREAS, the Planning Commission and City Council heid a public hearing on May 26, 2009 and made a recommendation that the 2030 Comprehensive Plan be adopted; and WHEREAS, the 2030 Comprehensive Plan was adopted, subject to review of same by the Metropolitan Council pursuant to Minnesota Statutes Section 473.851 et seq.; and WHEREAS, the City Council directed the Planning Staff to submit the 2030 Comprehensive Plan to the Metropolitan Council for review; and WHEREAS, at its regular meeting of October 14, 2009 the Metropolitan Council completed its review of the City's updated Comprehensive Plan and made a finding the City's Plan meets all Metropolitan Land Planning Act requirements, conforms to the regional systems plans including transportation, aviation, water resources management including the Tier II Comprehensive Sewer Plan, and parks, is consistent with the 2030 Regional Development Frameworks, and is compatible with the plans of adjacent jurisdictions; and WHEREAS, the Metropolitan Council recommended the adoption of the forecasts for population, households, and employment for the City, incorporation of advisory comments in water resource plans as identified in the Metropolitan Council's Review Record; and WHEREAS, the City of Columbia Heights agrees to participate in the Metropolitan Council's activities to monitor redevelopment and infill beginning in 2010 and submit annual report consistent with Metropolitan Council guidelines; and WHEREAS, the supplemental information and changes have been incorporated into the Plan as identified in the Metropolitan Council's Review Record; and WHEREAS, local governments are required to formally adopt their comprehensive plan after the Metropolitan Council's final action and that any recommended changes should be incorporated into the Comprehensive Plan; and WHEREAS, at its August 23, 2010 meeting the City Council considered the 2030 Columbia Heights Comprehensive Plan, including the Tier 11 Comprehensive Sewer Plan, as amended with the recommendations found within the Metropolitan Council's Review Record (hereinafter the "2030 Columbia Heights Comprehensive Plan "). NOW, THEREFORE, IT IS HEREBY RESOLVED BY the City Council of the City of Columbia Heights that the 2030 Columbia Heights Comprehensive Plan is hereby adopted. 30 City of Columbia Heights Park and Recreation Commission April 28, 2010 Eileen Evans called the meeting to order at 5:30 p.m. ROLL CALL Members present: Eileen Evans; Justin Grussing; Stan >]oiunn; Kevin McDonald; David Payne; Marsha Stroik Staff Present: Gary Peterson, Mayor; Kevin Hansen, Public Works Director; Keith Windschitl, Recreation Director; Deunna8uc[kc, Secretary Also Present: Grace Lee. resident APPROVAL CONSENT AGENDA Hoium asked about the $129,000 MTV Tractor Replacement Vehicle and is it in the budget. Hansen indicated that this item is in the annual budget under Capital Equipment. This vehicle has multiple attachments including a mower, a snowblower, and a bituminous milling machine and is a multipurpose vehicle used year round. Motion by Stroik, second by Hoium, to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS A. Request for an open bar on May |'2O!O for u wedding reception B. Request for an open bar on August 6. 2010 for a wedding reception C. Request for an open bar on July 23. 2010 for a wedding reception Discussion was held on the three requests for open bar wedding receptions. Windschitl indicated that these renters are using experienced bartenders. Evans asked the Commission if they would make a motion for all three requests in one motion. Motion by McDonald, second by Hoium, to allow an open bar reception for letters and requests items A through C. Upon vote: All ayes. Motion Carried. D. Request for a reduced rental rate on Wednesday, December 7, 2010 by the University o[ Minnesota College ofContinuing Educations OLLI Group Evans asked why this group would want to use Murzyn Hall when the University of Minnesota has many buildings for events. Windschitl indicated this group used JPM last year with the reduced non-profit rate of$40/$1 5. }{cis recommending the $5O/$2Ofee. 3ocfkn indicated this group has many members in the north rnetro area, there is free parking at JPM and the OLLI Group is comprised of mostly senior citizens. Motion by Payne, second by Stroik, to offer the reduced rate of a $50 entry fee and hourly fee oF$20 per hour o[ use inMurzyn Hall on December 7"20}0. Upon vote: All ayes. Motion Carried. 31 Park & Recreation Commission April 28, 2010 Page 2 E. Request of the full $500 down payment refund for a canceled event on Sunday, June 6, 2010 due to conflicts from the church Windschitl indicated that he verified with the church that the date was changed. The family's tradition is to have the family party on the same day as the church baptism. He feels this is a legitimate situation. Evans asked if the family rescheduled. Windschitl replied that they would have if the new church date was available at JPM, but the date is unavailable. Payne asked what the likelihood of the date being re- rented was. Windschitl replied that with it being a Sunday and just over one month away he feels the chances are small. Holum asked if another possible renter had been turned away for this date. Windschitl replied that he doubted that was the situation because there are other Sundays still available in June. He stated the policy is to refund a down payment if the date is rented by some one else or if the renter reschedules to another date and that is why this request is being made. Payne stated that this date change is not the renters fault. Evans stated this would set a precedence if the refund is made. Windschitl indicated this situation was out of the renters control, they would have rescheduled if the date was open. He feels this is not setting a precedence even though it is an exception to the regular policy. Motion by Hoium, second by McDonald, to refund the $500 down payment for June 6, 2010. Upon vote: All ayes. Motion Carried. F. Request from the Columbia Heights Fire Explorers to use Murzyn Hall for a reduced rate on Friday, June 18 5 -10 p.m. and Sunday, June 20` 10 a.m. to 3 p.m. Windschitl stated that this is a great cause, but because this is a Friday and Sunday request with another rental on Saturday there will need to be two turn arounds for the cleanup and to reset for the next event. Stroik asked if there was a possibility of changing the schedule. Saefke indicated this would be an opening and closing ceremony for the State event hosted by Columbia Heights. McDonald asked if the group would be getting a resident discount. Windschitl replied that this is part of the C. H. Fire Department youth programs with volunteers and the request is to charge them a minimal fee or not. McDonald suggested charging the $50/$20 fee for each day. Windschitl indicated that staff would work with the group regarding setting up and cleaning for each event. Motion by McDonald, second by Payne, to charge the $50 entry fee and $20 per hour of use for Friday and Sunday. Upon vote: All ayes. Motion Carried. OLD BUSINESS A. Trail connection between Silver Lake Park and Silverwood Park Hansen updated the Commission on the agreement between the Three Rivers Park District and the City of Columbia Heights. A trail will be constructed connecting existing trails in each park. The City of Columbia Heights will build the trail and The Three Rivers Park District is putting in a new gate and new fencing along Stinson for the connection. Stroik asked if this will be a bike able path. Hansen replied yes it will be 32 Park & Recreation Commission April 28, 2010 Page3 eight feet wide paved with shoulders on each side. Construction will most likely occur July through September. D. Sullivan Lake Park trail update Hansen indicated that he has an upcoming meeting with the City Tree Contractor, City Forester and with representatives from Sullivan Shores, if they choose to attend, regarding clearing and trimming around the trail. The area that would be reviewed and trimmed and cleaned up is from the northeast corner of the lake down to the Washington Street trail access. NEW BUSINESS A. Tobacco-Free Park Policy Resident, Grace Lee, would like to see a written policy regarding tobacco use within City Parks. Lee mentioned neighboring cities that have tobacco-free park policies. She would feel more comfortable when asking someone not to smoke around the playground if there was a sign to refer to. Lee would like to see, at a minimum, a policy and signage for no smoking near the playground structures. Hansen replied from the perspective of cleanliness it is a good idea, but the enforceability would falt on some of the other users ofthe park system. Signs could be put up if the Commission would want to move forward with a policy. The terrns would need to be decided as to where the srnoke-free areas would apply. Windschitl shared the current policy which indicates smoking or the use of tobacco is not allowed at any park buildings, on athletic fields or in player bench areas during City sponsored athletic programs. He indicated this is an old park policy. Windschitl understands Lee's concerns and would like to include areas like the wading pools or any where there is a popular area for kids. He also spoke with the Recreation Director from BIaine regarding their rnodified tobacco free policy. That particular policy aliows tobacco use in the parking Iots and trail areas. He also pointed out that the City ofBlaine employs Park Rangers to enforce these policies, which is not something that can not happen in Columbia Heights. Hoiurn replied that a decision by the Commission is not enforceable. Hansen replied that the only enforceable policies are done trough an Ordinance by City Council. Lee responded that by even having signage regarding a tobacco free area empowers citizens to ask some one not to smoke in the area near children. Stroik indicated that with signs it may deter people froni using tobacco in the parks. Evans replied that even though there are signs regarding no alcohol use in the parks she picks up bottles or cans often. Windschitl responded that permits are given out to park rentals for alcohol use. l{nium indicated that most smokers do not have problems with restrictions. Evans asked what kind of cost would be involved by placing a sign in each park. Hansen replied custom signs typically cost twenty-five to thirty-five dollars each. He wouldn't use the cost of the signs as a final decision but to look at this request as ifit is useful or appropriate at the parks and would benefit the citizens. He advises considering what 33 Park & Recreation Commission April 28, 2010 Page 4 areas of the parks that this policy would include like the playgrounds, wading pools, shelters, buildings and if certain parks would be excluded. Windschitl indicated there is a possibility of getting free signs from the Tobacco Free Coalition. He suggests putting into the policy the areas that are designated as tobacco free areas; children play areas, swimming pools and or shelters. Evans asked for the current park policy to be updated and brought back to a future meeting. B. 2010 Jamboree Fireworks Windschitl reported fireworks proposals were requested from several companies and only one company returned the proposal in the allotted time. The company name has changed to Pyrotechnic Display Inc., but is the same company that has done the firework show for the past few years. Windschitl indicated the bid is for $6000; the City contributes $3000 with the remaining $3000 received through donations. Motion by Stroik, second by McDonald, to award the bid for the 2010 Jamboree Fireworks to Pyrotechnic Display Inc. Upon vote: All ayes. Motion Carried. REPORTS A. Recreation Director Windschiti reported that he is only available to stay for the annual park cleanup for a limited time because he needs to pick up baseball uniforms tonight to hand out for a team tomorrow. B. Public Works Director /City Engineer Hansen reported the seasonal staff has started. Grass is getting cut this week. Evans asked for an update on the pedestrian bridge. Hansen replied that the old bridge is no longer there. There is a crossing guard at the beginning and end of the school day. There are more children crossing at the end of the day. The progress is moving along. Steps are being evaluated to adding in as part of the contract. The switchback is going to be long and the steps were not in the original contract. It would be a shorter alternative to access the bridge. Hansen indicated that the project was started late due to funding clearance problems. The original completion date was September 3 and it has been pushed back by four weeks. Stroik asked who will own the bridge. Hansen replied that MNDot will own the bridge and the City will maintain a good portion of it; for example lighting and aesthetic treatments and will also be responsible for snow removal. The MTV trackless will be used snow removal on the bridge to get away from hand shoveling. Hoium asked if a City employee is at the site every day. Hansen indicated that he has been to the site every day since the project started but only for an hour or two. He stated the City has hired a consulting engineer to manage the project; Kimley -Horn & Associates. This company 34 Park & Recreation Commission April 28, 2010 Page 5 has some one on site every day the contractor is working to provide site inspection. Hansen indicated when the details are being chosen for the bridge colors, stones, ctc the idea is to rnatch the natural look ofthe Huset roundabout. C. Commission Members Mayor Peterson indicated that the newest business on Central Avenue, Jimmy John's, opened today. Evans asked if the phone call system informing residents of hydrant flushing is new. Hansen replied that it was done last year. Saefke reported the Recreation Coordinator, Liz Bray, applied for a grant from the MN Twins for free tickets to a game. The Recreation Department was awarded 100 tickets to the game on Wednesday, May 26 . The tickets will be sold on u first come first serve basis to families in Columbia Heights for five dollars a piece. The goal is to have this as a family night for the community. Windschitl indicated that he has asked Bobby & Steve's for the names to place on the sign near the Huset Park shelter for the dedication. Discussion was held on holding a dedication and family night for the Huset Park shelter and playground. Mayor Peterson reported a sculpture is being placed on the ground ofthe Columbia Heights High School near the Hylander Center to symbolize the cooperation between the School District and the City. The Synergy stainless steel sculpture has flowers planted around the base ofit. The dedication wil! be in May. Hoium reported that he is running for the City Council. Payne thanked the Park & Recreation on behalf of the Athletic Boosters for the use of field 3 for the winter carnival. He reported the Boosters would like to hold a spaghetti dinner fundraiser on June 23 at Murzyn Hall to kick-offJamboree and raise funds for the new concession wagon. The Park & Recreation members and staff adjourned the meeting to conduct a park cleanup at Huset Park. ADJOURNMENT Evans adjourned the meeting at 6:40 p.rn. Deanna Saefke, Recreation Clerk Typist 11 35 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE REGULAR MIEETING JULY 27, 2010 The meeting was called to order at 7:00 pm by President-Gary Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Gerry Herringer, Bruce Kelzenberg, and Bobby Williams Members Absent: TunaoncnoDichoo and MaduiueGzucck Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. ZL PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT AGENDA L. Approve the Minutes ofJunc22,2UlU. 2. Approve the Financial Report and Payment of Bills for June 2010 per Resolution 2010-11 Nawrocki questioned the payment to Scott Clark on page 4 of Financial Report. Clark said it was his reimbursernent check for six months ofgas, gas, meal, and parking expenses. Nawrocki then questioned the lunch expenses and whether the reimbursement from the Mayor (for one of the lunches) had been deducted from the amount paid to Mr. Clark. The Mayor stated he had checked on this and that amount was paid hack to the City. Motion by Williams, seconded by Ke&enberg,N waive the Reading of Resolution 2010- //. there being arnple copies available 10 the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Kelzenberg, to approve the minutes and to adopt Resolution 2O/0-/} approving the Financial Report and payment nf bills for June 201D. All ayes. MOTION PASSED. EDA RESOLUTION 2010-11 RESOLUTION OF THE COLU : IA II IGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FIN CIA_L9TATE NT FOR JUNE 2010 D PAY NT OF BILLS FOR THI MONTH OF JUNE 2010. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDAs credits and assets and its outstanding Iiabilities; and WHEREAS, said Statute also requires the EDA to examine the staternent and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of June 2010 has been reviewed by the EDA Commission; and WHEREAS, the EDA has exarnined the financial statement and finds thern to be acceptable as to both form and accuracy; and WHEREAS, the EDA Cornmission has other rneans to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and 36 EDA COMMISSION MINUTES PAGE 2 JULY 27, 2010 WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 27th day of July, 2010. MOTION BY: Williams SECONDED BY: Kelzenberg AYES: All ayes BUSINESS ITEMS 4/5. Resolution 2010 -12 HRA Levy Budget & Resolution 2010 -13 EDA Levy Budget The 2011 budget for the Community Development Department was enclosed in the agenda packets. The EDA reviews and acts on this budget as a significant portion of revenue funds are derived from an EDA levy. Resolutions 2010 -12 & 13 are approval documents for both the EDA and the HRA levy and the adoption of the budget. The levy amounts are ultimately approved through the City Council. Clark stated that this years' budget needs some explanation to be understood. The following premises are important to this understanding: 1) In 2010 the Community Development Department and the Finance Department worked together to reorganize the subject budget. The purpose was twofold- 1) Make the accounting process for the levy transfers simple and 2) More accurately report (meaning matching specific revenue sources to expenditures) the costs to the two funds, 201 is protective inspections and 204 is the EDA Administration. This fine - tuning started in 2010 and last year's budget letter was provided to give further explanation. 2) Both funds 201 and 204 are special revenue funds. As such, budget year gains or losses are retained within a designated fund balance. 3) Each fund has a fund balance that is carried forward from year to year. The most volatile fund is 201 (protective inspections) as expenditures are predictable and stable from year to year, but revenue is cyclical in nature, so in some years there are significant gains in the fund balance and in other years, the opposite. Adjustments are being made in the 2011 budget by transferring line item 39140 (Parkview Villa reimbursement) to the EDA 204 fund. This leaves fund 201 being supported solely through building and license permit revenue. The net effect is that the protective inspection budget is estimated to have a $43,000 loss in 2011. This loss will be made up by the existing 201 fund balance of $125,000. Note: A memo dated July 20, 2010 from William Elrite, Finance Director explained this same information. 4) Fund 204 is supported through the revenue sources of the HRA levy (being proposed to be increased by 1 %) and the EDA levy (no increase). 37 EDA MINUTES PAGE 3 JULY 27, 2010 5) As discussed in the Finance Directors memo, the EDA and HRA levy are currently the only means of continuing to capitalize fund 420, which is a minor Capital Project Fund, and serves to help front -end redevelopment projects. 6) In budget year 2010 (when the city reverted back to the 2008 base) the Community Development Department elected not to refill the position of "Department Secretary ". This election then gave the ability to transfer $51,000 to fund 420 (line item 7413). 7) As further explained by the Finance Director's memo the fund 204 fund balance has grown, and at the end of 2011, is anticipated to be $212,000. As such, the anticipated budget reflects a $90,000 capital transfer to fund 420. 8) It is critical to note that the operation costs of both fund 201 and 204 remain flat and fall within the maximum 1% increase mandate. Clark went on to explain that the budget worksheets are being revised by the Finance Department and they are not able to make the actual changes to the worksheets until next week. As such, the worksheets have handwritten modifications that match the Finance department memo dated 7/19/10 "Budget Cuts and Add Backs ". Questions by members: Nawrocki stated he thought it was premature to act on this budget before seeing the City's budget in its entirety. He passed out information created by the Humphrey Institute that has been distributed by the League of Minnesota Cities. This informational sheet details what bad shape the State is in financially. Next year the State will be facing a 6 billion dollar deficit that will have to be dealt with. During the last couple of years the State has been postponing the debt, but the new leadership will have to deal with it in 2011. He said all the budget issues up till now have been solved with raising property taxes. He said the Council needs to look at how that affects the property owners in Columbia Heights, and reduce those taxes, if possible. Nawrocki went on to say he doesn't agree with transferring money into the 420 account (Redevelopment/capital fund account). He said Fund 201 (Protective Inspections) had a carry over from last year to this year, as did Fund 204. This creates an opportunity to reduce the levy for property taxes if the carry over funds are used. He also suggested further reducing personnel in this department. Clark explained that if the HRA /EDA budgets are approved by this body, that the amounts proposed are not necessarily binding. The City Council actually makes the final decision at a later time. Nawrocki said once it is approved by the EDA, it is usually adopted as presented. Walt told the members that the total City budget would be delivered to the City Council by the second meeting in August. He went on to say that the figures presented tonight were done according to the 4- year plan previously approved by the City Council. He said all departments have come in with budgets under the 1% increase that was required. He told members that personnel expenses would be held constant. Walt reminded members that the City's Bond Rating went up 2 steps to the highest rating we could have due to the fact we had put a 4 -year plan into place that would eliminate our dependence on State aid funds. He agreed that the State is in trouble and we cannot rely on the State for revenue any longer. Walt then spoke about the overall goal of the City to improve its housing stock and at the same time, its tax base. This is being accomplished through the scattered site program where we are buying up deteriorated properties that are very sub- standard. As an inner ring suburb, we can't afford not to put money into redevelopment. He stated the Community Development Department is the backbone of the City and it is the department that spearheads the revitalization of the city. He reminded members 38 that the staff has obtained 6 million dollars in grants over the last couple ofyears. Walt said Nawrocki EDA Commission Minutes Page 4 July 27, 2010 continually states he wants niore code enforcement. He said the onty departments that do code enforcement are the Fire Dept. and the Community Development Dept. He feels they should be recognized for their accornplishrnents and not constantly berated as unnecessary personnel. Peterson asked if the EDA Board approves these budget Resolutions, does it still go through the City Council approval process? Clark said yes, the language of the Resolution constitutes a recommendation to the City Council. Nawrocki said the City Manager talked about a reduction in salaries for this department. He said the savings were actual!y being transferred to the 420 account, so it is not actually being reduced. He thinks it is time for the City to make cuts, just like the State will be doing. We cannot keep increasing property taxes to cover our budget. Clark reminded the members present that the Economic Development Authority is a Board set up to better the City through re-development. The role they have as an EDA Board member is sometimes different from that ofa City Council member. Their role is to focus on improving the community and to constantly look for ways to revitalize it, and as such, they are required to find funding sources to keep the programs going. Nawrocki stated the budget doesn't show the Courity's HRA !evy money that is used here. C|ark Nawrocki that information was provided to hirn a couple months ago. Herringer asked what the total City budget was. Walt gave him a general explanation and breakdown. Williams asked how much it saved the City to have the mandatory furlough last year. Walt told him about $260,000. He also said the City is saving about $50,000 this year with employees who are taking voluntary furloughs. There was a discussion regarding whether the City should pursue mandatory furloughs again in 2011. Walt told the nuonnbers(bo1 when he presented this to employees in 2009, he told them this would be a one time mandate. He had to obtain agreements from all the unions to alter the contracts. He said if the Council chooses to decrease personnel costs, he would recommend doing more layoffs. He doesn't think it is right to go with a 0% adjustment and a mandatory furlough besides. He said we have been through three layoffs since 2000, and services would be affected. Nawrocki then asked which figure is being approved in Resolution 2010-12 (.01825 percent of the taxable market value, or $262,556). Clark stated the Iesser of the two figures. We don't have the final figure for the taxable market vatue yet, but the most the levy would bcia$262,556.Hc told members the overall increase is 0.6% increase, which is less than the parameters allowed. Nawrocki said this levy is not needed, as we should use the reserves. Peterson said he intends to look at the reserves and carry-overs before he votes on it as o member ofthe City Council, but at this time he will consider his role as an EDA member to ensure funds are available to continue with redevelopment projects within our City. M///on by Kelzenberg, seconded by Williams, to waive the readings of Resolution 2010-12, there being arnple copies available 10 the public. All ayes. MOTION PASSED. Motion by Nawrocki to czit the amount of the levy /o$102 from the $262 maximum figure siaied in the proposed Resolution. 7Dc/no//und/dfr»moluckn/oxeconu! 39 EDA Commission Minutes Page 5 July 27, 2010 Motion by Kelzenberg, seconded by Williams, to adopt Resolution 2010 -12, Authorizing the Levy of a Special Benefit Levy Pursuant to Minnesota State Statutes, Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal year 2011. Roll Call: Ayes - Herringer, Williams, Kelzenberg, Peterson Nay - Nawrocki MOTION PASSED. Motion by Williams, seconded by Kelzenberg, to waive the readings of Resolution 2010 -13, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Kelzenberg, to adopt Resolution 2010 -13, Resolution of Economic Development Authority in and for Columbia Heights EDA adopting the 2011 budget and setting the EDA Levy. Roll Call: Ayes - Herringer, Williams, Kelzenberg, Peterson Nay- Nawrocki MOTION PASSED. RESOLUTION NO. 2010-12 AUTHORIZING THE LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FiSCAL YEAR 2011 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081 ( "EDA Act ") the City of Columbia Heights ( "City") created the Columbia Heights Economic Development Authority (the "EDA "); and WHEREAS, pursuant to City Resolution 2001 -62 and Ordinance No. 1442, the City Council granted to the EDA all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act "), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "1-IRA"); and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the EDA and HRA, together, to levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City; and WHEREAS, the EDA desires to levy a special benefit levy in the amount of .0185 percent of taxable market value in the City; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for fiscal year 2011; and WHEREAS, the EDA has before it for its consideration a copy of a budget for its operations for the fiscal year 2011 and the amount of the levy for collection in fiscal year 2011 shall be based on this budget. NOW, THEREFORE, Be It Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority: 1. The budget of $347,367 for the operations of the EDA presented for consideration by the Board of Commissioners of the EDA is hereby in all respects approved. Such budget includes the amount the EDA requests (by separate resolution) to be levied by the City under Minnesota Statutes, Section 469.107, together with the amount to be levied hereunder by the EDA under Minnesota Statutes, Section 469.033, subdivision 6. 2. Staff of the EDA are hereby authorized and directed to file the budget with the City in accordance with Minnesota Statutes, Section 469.033, Subdivision 6. 40 EDA Commission Minutes Page 6 July 27, 2010 3. There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in the amount equal to the lesser of a levy at a rate of .0185 percent of taxable market value in City, or $262,556 with respect to taxes payable in calendar year 2011. 4. Staff of the EDA are hereby authorized and directed to seek the approval by resolution of the City Council of the City of the levy of special benefit taxes in 2011 and to take such other actions as are necessary to levy and certify such levy. Motion by: Kelzenberg Second by: Williams Roll Call: Ayes- Herringer, Williams, Kelzenberg, Peterson Nay- Nawrocki Motion passed this 27th day of July 2010 EDA RESOLUTION 2010 -13 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS (EDA) ADOPTING THE 2011 BUDGET AND SETTING THE EDA LEVY. BE IT RESOLVED By the Columbia Heights Economic Development Authority (EDA) of Columbia Heights, Minnesota as follows: WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996 pursuant to Minnesota Statutes 469.090 to 469.1081; and WHEREAS, the City Council has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levy a tax on its area of operation for the purposes authorized under State Statues 469.090 to 469.1081, subject to consent by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLU _ :IA HEIGHTS, MINNESOTA THAT: 1. The EDA adopts and recommends to the City Council for approval a budget of $347,367 for year 2011. 2. The EDA adopts and recommends to the City Council for approval a levy of $84.811 for year 2011. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director /City Clerk of the City of Columbia Heights, Minnesota. Motion by: Williams Seconded by: Kelzenberg Roll Call: Ayes: Heringer, Willliams, Peterson, Kelzenberg Nays: Nawrocki APPROVED THIS 27`' - 'DAY OF JULY 2010 6. ADMINISTRATIVE REPORT None 7. OTHER BUSINESS Clark explained that a Goal Setting Session would be held at the next meeting scheduled for August 24` He suggested moving the meeting location to the Public Safety Building. Motion by Kelzenberg, seconded by Williams, to move the location of the next EDA meeting scheduled for August 24` to the Public Safety Building. All ayes. MOTION PASSED. 41 EDA Commission Minutes Page 7 July 27, 2010 Clark explained the Commission would be moving into an Executive Session. He explained the legal procedure that must be followed during this meeting to the members before adjourning to the session. Clark said Mr. Doug Foss was present to address the Board before they go into their Executive Session. He told the members that it is important not to get into any type of negotiations on the open floor. Mr. Foss asked the members if they had any questions of him as a co -owner of the property. No one had anything to ask at this time. Foss then said he hoped the City and the partnership could come to an agreement as he sees this as a win -win situation for both parties. Move to Executive Session at 8:00 pm - To discuss negotiations to acquire Mady /Foss property at 3919 -3927 Central Avenue with possible reference of 3901 Central Avenue. The Executive Session and Regular meeting were adjourned at 8:35 pm. Respectfully submitted, Shelley Hanson Secretary 42 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE EXECUTIVE SESSION JULY 27.2010 The (executive session) closed meeting was called to order at 8:00 pm by President-Gary Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Gerry Herringer, Bobby Williams, and Bruce &c|zenherg. Members Absent: Tononnocu[)ichno and Muduiuc5zurck Staff Present: Walt Fehst, Scott Cark, Sheila Cartney, and Shelley Hanson. Clark updated the Commission members on the status of the negotiations to purchase the Mady/Foss property at 3919-3927 Central Ave. A discussion took place in order to give staff further direction regarding this matter. No formal action was taken by the Board. The Executive session adjourned at 8:35 pm. Respectfully submitted. Shelley Hanson Secretary 43 COLUMBIA HEIGHTS CHARTER COMMISSION MINUTES July 15, 2010 7:00 p.m. These Training Room minutes are Public Safety Building NOT 825 41 Avenue N.E. approved Columbia Heights, MN CALL TO ORDER: The meeting was called to order by President Dan Vogtman at 7:02 p.m. ROLL CALL: Present: Matt Abel, Roger Johnson, Nancy King, Michael Patiuk, Nicholas Rivers, Rachel 8chvvunk|, Charles A. Tyler, Dan \/ogtoono Menibers absent and excused: Carolyn Laine Members absent and unexcused: Joe Clason, Katherine Pepple Also Present: Tami Diehm, Council Liaison; Jim Hoeft, City Attorney, Carole Biowers, Recording Secretary APPROVAL OF MINUTES: Motion by Commissioner Schwankl, seconded by Commissioner Abel to approve the April 15, 2010, minutes as presented. Motion passed unanimously. CORRESPONDENCE: The Recording Secretary stated that she prepared the summary sheet of alt actions (or non-actions) of the commission relative to the various parts of the City Charter that has been discussed over the past several months, as well as several ordinances in preparation for tonight's meeting. The agenda and minutes ofthe last meeting were also prepared and sent out. STATUS OF THE COMMISSION: We currentty have 11 of 15 possible members. OLD BUSINESS: President\/oatnoon stated that based on past discussions at Charter Cornmission meetings. we need to hold second readings of changes to Chapter 2, Section |0u; Chapter 7, Section 72; and Chapter 9, Sections 87 through 92. Ordinances reflecting the changes proposed were reviewed and are as foltows: CHAPTER 2, FORM OF GOVERNMENT, SECTION 1OA, THE MAYOR The proposed changes are as foliows: Chapter 2, Section 10A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 10a. Notwithstanding the provisions of any general or special law or this charter, all police first employed by the city on and after June 15, 1972 shall be members of the Public Employees Retirement Association Police and Fire Fund, and shall not be eligible for membership in the Columbia Heights Police Relief Association. IS HEREWITH AMENDED TO READ AS FOLLOWS: Page I Columbia Heights Charter Commission July 15, 2010 - • . ; ! : . - - - : - - any general or special law or this charter, all police first •• :: - -- : - . - • - - -- .ne 15, 1972 shall be members of the Public Employees Retirement Relief Association. SUMMARY: President Vogtman referenced State Statute 423A.01. As there are no employees that this applies to, it is recommended we delete Chapter 2, Section 10a. Motion was made, seconded, and passed unanimously to approve the second reading of Chapter 2, Section 10a. This change should be submitted to the City Council in ordinance form for their vote to approve. CHAPTER 7, TAXATION AND FINANCE, SECTION 72, BONDED DEBT AND DEBT LIMIT The proposed changes are as follows: Chapter 7, Section 72,of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four -fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph of telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of the such bonded indebtedness, if (1) held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon the property specially benefitted by such ditches or improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. Page 2 Columbia Heights Charter Commission July 15, 2010 45 Before any bonds are sold, there shall be a four -fifths vote of the council authorizing the issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four -fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty -day period, the bond sale shall occur within sixty days. During said sixty-day period, the City Manager shall have the authority to establish a special meeting upon at least seventy -two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution passed by a four -fifths vote of the council. (Ordinance No. 1492; passed September 12, 2005)(Ordinance No. 1284, passed June 13, 1994) Section 72a. POWERS OF CITY IN BOND ISSUANCE. In addition to all powers specifically granted in that regard by its charter or amendments thereto, the city shall have all the powers in reference to the issuance of bonds or certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10, 1986) Section 72b. BONDED DEBT AND DEBT L 1 1 T. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four -fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, or improvement or water, heating plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. (Ordinance No. 1284, passed June 13, 1994) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four fifths vote of the council for—the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of disposal; for the establishment and maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging str and other waterways within the Paee 3 Columbia Heights Charter Commission July 15, 2010 46 ^e .,"�.~ • . ' .^^ • . �~, .'v .^' '^ ".: .' w ~~ . — v v :,~� '^''^-� —�-~�����—"' thereof; for thc purpose of refunding outstanding bonds; for thc purpoc &f fu*xd-i*g floating indebtedness; and which may be authorized by the laws of thc State of Minnesota; the right of thc city to issue bonds undcr thc authority of any law heretofore and this section ofthc city's chartcr shall not be construcd to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current ten percent of thc last assessed valuation of thc taxable property therein, including monies and credits, but in - ' - ' - the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, cztcnsk)o, enlargements or improve] ''' '' ^• ' . - ' - - . . ''^ , . ' , ':' ''�, '. '' .'; ^w-' plants, or either of them, or any other public convenience, from which revenue is or may be derived owned and sewers, public drainage ditches, or the acquisition of lands, or for improvements of public improvements, to the extent that they are payable from thc proceeds of assessments levied upon the property specially benefitted by such ditches or inuprovcnocn , ~ ; '' :' ' � ^ ' collection of general taxes for the year in v/hicb issued. In no case shall bonds be issued to run for more than . /~- - : • 2 are issucd shall be set forth in thc ordinancc authorizing thcm and thc proceeds from such borids shail not be divcrtcd to any other purpose. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four -fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for u|| improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent o[the assessed valuation ofall the taxable property in the city, but in computing the total bonded deht, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, rnaiut000ncc, extension. enlargement, or improvement or water, heating plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessnients levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of siich total bonded dcbL In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. (Ordinance No. 1204, passed June 13, 1994) Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the issuance ofthe bonds by ordinance. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four-fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage ofthe authorizing ordinance, its publication, and the thirty-day period, the bond sale shall occur within sixty days. During said sixty-day period, the City Manager shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale ofthe bonds shall be approved by a resolution passed by a four-fifths vote of the council. (Ordinance No. 1492; passed September 12, 2005)(Ordinance No. 1284, passed June 13, 1994) rouc4 Columbia Heights Charter Commission July n.uom 47 Section 72a. In addition to all powers specifically granted in that regard by its charter or aniendments the city shall have all the powers in reference to the issuance of bonds or certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10, 1986) SUMMARY: President Vogtman referenced State Statute 475.53. The City Attorney stated this would be a housekeeping change. liis recommended to delete the first paragraph of Section 72 and all of Section 72A, 72b, and combine the second paragraph ofSection 72. Motion was made, seconded, and passed unanimously to approve the second reading ofChapter 7, Section 72, regarding Bonded Debt and Debt Limit. This change should be subrnitted to the City Council in ordinance forrn for their vote to approve. CHAPTER 9, EMINENT DOMAIN, SECTIONS 87-92, POWER TO ACQUIRE PROPERTY, PROCEEDINGS TO TAKING PROPERTY, PAYMENT OF AWARD, CITY MAY ABANDON PROCEEDINGS, CITY MAY TAKE ENTIRE PLANT, AND EASEMENTS—HOW ACQIRED The proposed changes are as foliows: Chapter V, Sections 87,Q8,09,90,9\, and 92of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 87. POWER ][K0 ACQUIRE PROPERTY. The city of Columbia Heights is hereby empowered to acquire, by purchase, gift, devise or condemnation, any property, corporal or incorporal, either within or without its corporate boundaries, which may be needed by said city for any public use or purpose. In addition to the power to acquire property for other public purposcu, the city may also acquire, as herein providcd, any gas, water, heat, power, light, telephone, or other plant or other public utility: but no proceedings to acquire any such public utility shall be consummated unless the city has the money in its treasury to pay for the same or has by vote of the people made provision for paying for the property proposed to be acquired. Section 88. PROCEEDLNGS IN TAKING PROPERTY. The necessity for the taking of any property by the city shall be determined by the council and shall be declared by a resolution which shall describe such property as nearly as maybe and state the use to which it is to be devoted. The acquisition of such property may be accomplished by proceedings at law, as in taking of land for public use by right of eminent domain according to the laws o[this state except as otherwise provided in this chapter. Section 09, PAYMENT OF AWA I I ' Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this chapter. or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final determination, pay the amount of the award with interest thereon at the current judgment rate set by State Statute from the date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city. (Ordinance No. 1468, passed December 15, 2003) Section 90, CITY MAY ABANDON PROCEEDINGS. The city may, by resolution of the council at any stage of the condemnation proceedings, or at any time within thirty days after any commissioners appointed by the court hereunder shall have filed their report with the clerk of court, or in case of any appeal to the district or Supreme court at any tirne within thirty days after final determination thereof, abandon such proceedings as to all or any parcel of the property sought to be acquired and shall pay all costs thereof. Section 91. CITY MAY TAKE ENTIRE PLANT. In case the city shall condemn a public utility which is operated at the tirne ofthe the commencement of condemnation proceedings as one property or one system, it shall Page 5 Columbia Heights Charter Commission July n.mm 48 not be necessary in such condemnation proceedings or any of the proceedings of the council, to describe or treat separately the different kinds of property composing such system, but all of the property, lands, articles, franchises and rights which enter into and go to make up such system, may, unless otherwise ordered by the court, be treated together as constituting one property and an award for the whole property in one lump sum may be made by the commissioners on condemnation or other body assessing the damages. Section 92. EASEMENTS, HOW ACQUIRED. Easements for slopes, fills, sewers, building lines, poles, wires, pneumatic tubes, pipes and conduits for water, gas, heat and power, may be acquired by gift, devise, purchase or condemnation in the manner provided by law. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is hereby empowered to acquire, by purchase, gift, devise or condemnation, any property, corporal or incorporal, either within or without its corporate boundaries, which may be needed by said city for any public use or purpose. In addition to the power to acquire property for other public purposes, the city may also acquire, as herein provided, any gas, water, heat, power, light, telephone, or other plant or other public utility; but no proceedings to acquire any such public utility shall be consummated unless the city has the money in its treasury to pay for the same or has by vote of the people made provision for paying for the property proposed to be acquired. The general laws of the State of Minnesota relative to Eminent Domain shall govern the City of Columbia Heights. city shall be determined by the council and shall be declared b - as nearly as may be and state the use to which it is to be devoted. The acquisition of such property may be accomplished by proceedings at law, as in taking of land for public use by right of eminent domain according to the laws of this state except as otherwise provided in this chapter. Section 89. PAYMENT OF AWARD. Whenever an award of damag- - -- - . .. - • from any such award, and the time for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final determination, pay the amount of the award ,with interest thereon at the current judgment rate set by State Statute from the date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city. ..•!1 !i. ors: ►.t< ., stage of the condemnation proceedings, or at any time within thirty days after any commissioners appointed by the court hereunder shall have filed their report with the clerk of court, or in case of any app al to the district or supreme court at any time within thirty days after final determination thereof, abandon such proceedings as to ... ght to be acquired and shall pay all costs thereof. - • • - . . z--- - . •- : s -.'ngs or any of the proceedings of the council, to describe or trout . - - s which enter into and go to make up such system, may, unless otherwise ordered by the may be made by the commissioners on condemnation or other body assessing the damages. Page 6 Columbia Heights Charter Commission July 15, 2010 49 :11 1.. - , - . ' , .. .ter, gas, heat and power, may be acquired by gift, devise, purchase or condemnation in the manner provided by law. SUMMARY: President Vogtman stated that he reviewed State Statute 475.53 in reference to this section of the city charter. The City Attorney stated this would be a housekeeping change. In essence, we would keep Section 87 as is, delete Sections 88 -92, and add the following sentence: "The general laws of the state of Minnesota relative to Eminent Domain shall govern the City of Columbia Heights." Motion was made, seconded, and passed unanimously to approve the second reading of Chapter 9, Sections 87- 92, regarding Eminent Domain. This change should be submitted to the City Council in ordinance form for their vote to approve. NEW BUSINESS: President Vogtman stated that based on past Charter Commission discussions about the following sections of the City Charter, first readings should be held on them tonight: • Chapter 4, Section 28a, The Primary Election • Chapter 4, Section 33, Canvas of Elections • Chapter 6, Section 56, Purchases and Contracts • Chapter 7, Section 70, Receipts to go to City Treasurer • Chapter 7, Section 74, Emergency Debt Certificates • Chapter 8, Sections 75 -86, Local Improvements & Special Assessments CHAPTER 4, NOMINATIONS AND ELECTIONS, SECTION 28A, THE P' 1 RY ELECTION The proposed changes are as follows: Chapter 4, Section 28A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesday after the second Monday in September of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall pre side at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice Page 7 Columbia Heights Charter Commission July 15, 2010 50 thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesday .^~ ~~ ^ : ; `/w^"~ '^ ~ ~' "~ on the date established by Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the baliot ofthe next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such Qcncrul election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty-six days prior to but not more than seventy days prior to said primary municipal election an affidavit ofsuch candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose o[ the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions ofthis section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or hy publication ofa notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate sueh election. (Ordinance No. 1300, passed April 10, 1995) SUMMARY: Preuidcutl/mginnan referenced State Statute 205.065. The state legislators recently changed the date ofthe primary election to allow more time for voters to participate (especially those in the military). Changing the wording to read The prirnary election date shall be held on the date established by Minnesota State Law" Law would cover this recent statute change and any other changes that the legislators decide to make in the future. Motion was made. seconded, and approved unanimously to approve on first reading the changes proposed for Chapter 4, Section 28a, The Primary Election. CHAPTER 4, NOMINATIONS AND ELECTIONS, SECTION 33, CANVAS OF ELECTIONS The proposed changes are as follows: Chapter 4, Section S] of the Charter ofthe City of Columbia Heights which currently reads as follows, to wit: Section 33, CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within five days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names ofthe judges and clerks ofelection; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. Page 8 Columbia Heights Charter Commission /"/vo,zom 51 IS HEREBY AMENDED TO READ AS FOLLOWS: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within free seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. SUMMARY: President Vogtman referenced State Statute 205.185. Commissioner Abel questioned if this would be in conflict with Chapter 3, Section 27 of the City Charter. Our charter was two days more restrictive than the state statutes. This change would make it the same as in the state statutes. Motion was made, seconded, and approved unanimously to approve on first reading the changes proposed for Chapter 4, Section 33, Canvas of Elections. C 1 ' TER 6, MINISTRATION OF CITY AFF 1 SECTION 56, PURCHASES A ` 1 CONTRACTS The proposed changes are as follows: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 56. PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000.00. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) SHALL BE AMENDED TO READ AS FOLLOWS: Section 56. PURC I :;SES A CONT CTS. The City Manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds 43,000.00 the current amount set by the city council. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) SUMMARY: President Vogtman referenced Minnesota Statutes 412.271 and 412.691 pertaining to these changes. It was noted by the City Attorney that the current amount set by the city council is $15,000. By changing the wording to "...the current amount set by the City Council ", no specific dollar amount needs to be cited and changed if and when the council sets a different amount in the future. Motion was made, seconded, and approved unanimously to approve on first reading the changes proposed for Chapter 6, Section 56, Purchases and Contracts Page 9 Columbia Heights Charter Commission July 15, 2010 52 CHAPTER 7, TAXATION AND FINANCE, SECTION 70, RECEIPTS GO TO THE CITY TREASURER The proposed changes are as follows: Chapter 7, Section 70, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984) SU MM A R Y: President Vogtman referenced State Statutes 412.141. The City Attorney explained that the last sentence is archaic /dated and should be deleted, as this would be a Human Resource issue and would be handled per the various unions. Motion was made, seconded, and approved unanimously to approve on first reading the changes proposed for Chapter 7, Section 70, Receipts to go to City Treasurer. CHAPTER 7, TAXATION AND FINANCE, SECTION 74, EMERGENCY DEBT CERTIFICATES The proposed changes are as follows: Chapter 7, Section 74, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by four -fifths of the members of the council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per Page W Columbia heights Charter Commission July 15, 2010 53 annum. A tax sufficient to redeem all such certificates at maturity shall be Ievied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by four fifths an unanimous vote of the members of the council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. SUMMARY: The City Attorney explained this needs to read by "unanirnous vote" to be in compliance with state statutes. Motion was made, seconded, and passed unanimously to approve on first reading the changes proposed for Chapter 7, Section 74, Emergency Debt Certificates. CHAPTER 8, LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS, SECTIONS 75 THROUGH 86, POWER TO MAKE LOCAL IMPROVEMENTS, FOWER TO LEVY SPECIAL ASSESSMENTS, LOCAL IMPROVEMENTS, HOW MADE, APPEAL FROM ASSESSMENT, NOTICE OF APPEAL, TRIAL OF ASSESSMENT APPEAL, REASSESSMENTS, PLAN OF ASSESSMENTS, PAYMENT OF ASSESSMENTS, PENALTY FOR DELINQUENCY, CERTIFIED TO AUDITOR, AND COUNTY TREASURER COLLECTOR FOR CITY The proposed changes are as follows: Chapter 8, Sections 75, 76, 77, 78, 79, 80, 01, 82, 83, 84, 85, and 80of the Charter o[the City of Columbia Heights which currently reads as foliows: Section 75. POWER TO MAKE LOCAL N ' ROVE U N][0. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sevvers, water rnains, electric conduits, and any and all other Iocal improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified. to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The arnount assessed to be property speciaiiy benefitted, to pay for such local inoprovrnncn{n, shall not, however, exceed the amount of the benefits received by such property. Section 77. LOCAL IMPRO MENTS, HOW DE. The council shall have the power to undertake local improvements by resolution passed by four-fifths of its members. The council shall make such local improvements upon petition of not less than fiOypercent ofthe resident owners ofthe real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost ofsuch improvement, or any portion thereof, against the property specially benefitted by such irnprovement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost o[such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In cornputing the value of the real estate, all improvements are to be exc!uded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to Page 11 Columbia Heights Charter Commission July 15, 2010 54 result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi- annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate Page 12 Columbia Heights Charter Commission July 15, 2010 55 judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If p p [� improvement g p p Y• the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such Page 13 Columbia Heiehts Charter Commission July 15, 3010 56 assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, improvements in or under the streets, alleys and public places in the city. The council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof. against any property specially benefitted by such improvement. Any such improvements and any assessments thereunder, shall be in accordance with the general laws of the State of Minnesota. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or . . - - - . :cal improvement by special assessments upon the property specially benefitted in the state. The amount assessed to be property' specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such proper=ty, 4I' • • L ∎ • e. ,i local improvements by resolution passed by four fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may ., - ::,- ; - - - a - - - -.. - +, a any portion thereof, against the property specially benefitted by such improvement. .. _ .c of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land . - . . . - - .. . :. gainst the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. Page 14 Columbia Heights Charter Commission July 15, 2010 57 Te- defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of • 11 Section 78. APPEAL FROM ASSESSMENT. Any party interested in any prop- _ - . publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal sha4l be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any entered by the clerk of the district court in the name of the person taking the appeal against the city as an district court. Section 80. TRIAL F ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term. without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the a.,sessm nt than those stated in the notice of appeal, but the court may, in its appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal judgment and paid out of the general fund of the city. : -- - - - - - - • - ' - - - - - - - - - court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, • - - - . .. - - - -er as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or Page 15 Columbia Heights Charter Commission July 15,2010 58 shall be re assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine ♦ . - ', - .. eral way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed parcels, as newly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shah thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as thc same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem - • - :. fitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and annual installments for a period of not over thirty years, and it shall provide ft = -- -:• '- period of years if so requested in the property owners` petition. All interest charges and miscellaneous cost: shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local • ' : • ... ' '' statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor - - , .r a; 4` . -nth Oeteber each year. statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, -- :, - :•-gs to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the the state. interest thereon paid to thc county treasurer shall belong to the City of Columbia Heights, and shall be turned eider to the city treasurer in the manner provided in this charter and by law. Page 16 Columbia Heights Charter Commission July 15, 2010 59 SUMMARY: President Vogtman referenced State Statute 429. The City Attorney explained that there has been several changes in state law regarding Chapter 8. The proposed changes he suggested verbally at tonight's meeting still gives the council the power to make improvement sand levy assessments. Commissioner Abel thought we should see it in writing before voting on it. It was decided to table any action on this section of the City Charter. Continued Discussion on Chapter 10, Franchises The City Attorney had provided the Recording Secretary with the state statutes referencing this section of the city charter, and this information was passed out to members tonight. He stated that just reviewing the several pages of state statutes regarding cable franchises, members could see how complex this issue is. The City Attorney stated another cable company could come in, which would be very expensive to put in new infrastructures here. The cable franchise is the only franchise we have at this time. The City Attorney did not have any proposed wording prepared for tonight's meeting which would reflect the current state and federal regulations which would come into play. Steve Guzzetta, the city's cable franchise attorney, has very briefly reviewed this section of our charter and did not recommend any changes at this time. President Vogtman suggested wording on wireless Internet. President Vogtman noted that in doing his research in the state statutes regarding the above changes, he noted the state statutes mention energy conservation, and we do not mention it anyplace in our city charter. NEXT '1 ETING DATE The next regular meeting date wiii be October 2i, 2010, where we wiii look at Chapters 11 and 12. ADJOURNMENT: Motion was made and seconded to adjourn the meeting at 8:10 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary for the Charter Commission Page 17 Columbia 1- leights Charter Commission July 15, 2010 60 CITY COUNCIL LETTER Meeting of September 13, 2010 AGENDA SECTION: Consent ORIGINATING CITY MANAGER NO. DEPARTMENT APPROVAL: POLICE ITEM: Application for Bingo Permit by SACA BY Scott Nadeatr7" BY d NO. for event to be held at Murzyn Hall DATE August 18, 2010 DATE: on March 24, 2011 BACKGROUND Southern Anoka Community Assistance (SACA), 627 38 Avenue NE, Columbia Heights, Minnesota, has requested permission to conduct a raffle on March 24, 2011 at Murzyn Hall, 530 Mill Street, Columbia Heights, Minnesota. They are also requesting that the $25 investigation fee be waived. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding one-time charitable gambling, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to gambling activities to be conducted by Southern Anoka Community Assistance (SACA) at Murzyn Hall, 530 Mill Street, Columbia Heights, Minnesota, on March 24, 2011. Also, that the investigation fee of $25 be waived; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. kao COUNCIL ACTION: 61 Page 1 of 2 7/10 Minnesota Lawful Gambling Application fee-for:each LG220 Application for Exempt Permit If application postmarked or received: An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check # Organization name 5//-C4 Previous gambling permit number 50 ki/ 5'77.ff II-4'0M- 6fi2MMItii4"ry Type of nonprofit organization. Check one. Fraternal I I Religious Veterans 1">< Other nonprofit organization i-01,0 Mailing address City State Zip Code County 62 Sq //-t /1 /0:6#75 /24,v 55'4/Ai Name of chief executive officer (CEO) Daytime phone number Email address 0 HoiFT 763-N3 --$12.2-- ifitcfr Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. 1 1 IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) _m_oRzytfr/ H-R-tc Address (do not use PO box) City Zip Code County 5 30 pLt TtT P' W-4'05 5' n/ve Date(s) of activity (for raffles, indicate the date of the drawing) Q • I Check the box or boxes that indicate the type of gambling activity your organization will conduct: [I] Bingo* [g] Raffles 0 Paddlewheels* Pull-Tabs* LjTipboards* • * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Also complete Gambling Control Board. EXCEP ION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. Print Form To find a licensed distributor, go to www.gcb.state.mn.us and dick on List Reset Form of Licensed Distributors, or call 651-639-4000. 62 LG220 Application for Exempt Permit Page 2 of 2 1/10 LOCAL UNIT OF iI=NT'ACKt4owLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. Y The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting . period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). days. The application is denied. The application is denied. Print county name Print city name ,0(11 tn,1i71(t i � On behalf of the county, l acknowledge this application. On behalf of the city, l acknowledg his application. Signature of county official receiving application Signatu of city office eceiving application r lr Title Date / / r n (Optional) TOWNSHIP: On behalf of the township, I Titl (1 Q ✓`((24i1YDate/ / ( 0 acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date / / CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this applicatio • '_ • • ate • ate o the best of my knowledge. l acknowledge that the financial report will be completed an e etumed ty =. • �a • • - .of the date of our gambling activity. Chief executive officer's signature . -- A TAW ffi Date 7_ - / 0 Complete a separate appl' i on for each gag activity: Financial report and recordkeeping required - one day of gambling activity, A financial report form and instructions :viii be sent with - two or more consecutive days of gambling activity, your permit, or use the online fill -in form available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Print Form Reset Form This form will be made available in alterative the Board will be able to process your information; Minnesota's Department of format (i.e. large print, Braille) upon request. organization's application. Your organization's Public Safety; Att omey General; Data privacy not print, B e information requested name and address will be public Information Commissioners of Administration, Minnesota on this form (and any attachments) will be used when received by the Board. All other Management & Budget, and Revenue; by the Gambling Control Board (Board) to information provided will be private data until Legislative Auditor, national and international, determine your organization's qualifications to the Board issues the permit. When the Board gambling regulatory agencies; anyone pursuant be involved in lawful gambling activities in issues the permit, all information provided will to court order; other individuals and agencies Minnesota. Your organization has the right to become public. lithe Board does not issue a specifically authorized by state or federal law to refuse to supply the information requested; Permit all Information provided remains private, h ave a ccess to the information; individuals and w the exception of your organization's name agencies for which law or legal order authorizes however, if your organization refuses to supply and address which will remain public. Private this information, the Board may not be able to data are available to: Board members, Board a new use or sharing of information after this determine your organization's qualifications staff whose work requires access to the Notice was given; and anyone with your written and, as a consequence, may refuse to issue a consent. permit If you supply the information requested, 63 CITY COUNCIL LETTER MEETING OF: SEPTEMBER 13, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL - ITEM: AGREEMENT WITH COMCASTTO 09/08/10 BY: WILLIAM B�/• PROVIDE l-NET 3ER\/|CE TJ THE ���VV ' ' ' PUBLIC S/\F£TYF}\[lLlT\, /\l�D THE THREE ^ ' ' MUNICIPAL LIQUOR STORES DATE: ' NO: The franchise agreement that the City Council recently approved with Comcast has a provision for Comcast to install an 1-Net network connecting the three municipal liquor stores and the new Public Safety facility. This new l-Net network would tie in with the City owned fiber optics that currently connects Murzyn Hall, Public Works, the Library, and City Hall to the new Public Safety facility. When Comcast completes their I-Net portion all City buildings will be connected to one large I-Net that will have a high-speed connection to the Internet. The l-Net will be installed at no cost to the City. Comcast will upfront the cost of the }-Net to the City and recover this from revenues that they collect from cable subscribers over the 5 year term of the franchise. When Comcast completes the l-Net ond service is implemented, the City will be billed 20% of Comcast's normal fee for this service or $1,915 per month. The data line that Corncast is providing will replace severalT-I phone and data linesthatthe City iscurrentlyleasing from Zayo and Qwest. The net monthly cost of the current services is approximately $1,780. Subsequently, going to the new high-speed, fully integrated Comcast service that will provide better speed and service will cost the City approximately $135 per month more than we are currently paying for sirnilar low-speed services. The term ofthis contract with Comcast is 5 years at the fixed rate of $1.915 per month, which is an 80% discount from Comcast's normal rates. In essence this is a once in a lifetime opportunity that was negotiated as part ofthe 5 year franchise renewal with Comcast. At the work session on Tuesday night there was a light discussion related to the fiber optics network that the County is installing. This is significantly different in service goais than the Corncast |-Net. The County plan would iriclude connections to major jor governmental buildings, which would include the new Public Safety building. It does not incliide connections to the Liquor Stores and it does not currently provide Internet access. The County fiber optics network is an excellent cornmunication tool between governrnental entities. Staff recommends that the City participate in the County plan in addition to the Corncast l-Net, as the County plan will provide a significantly different level of service. RECOMMENDED MOTION: Move to aiithorize the Mayor and City Manager to enter into a contract with Comcaat for the installation ofl-Ne\ services at a monthly cost of $1,915. WE:slh /oosw/coowuL COUNCIL ACTION: b4 Amendment No MN- 12093- 090710 -02 /AI FIRST AMENDMENT To Network Services Agreement No. MN- 12093 - 090710 -02 This First Amendment ( "Amendment ") is concurrently entered into on September 7, 2010 ("Effective Date ") in conjunction with Network Services Agreement No. MN- 12093 - 090710 -02 ( "Agreement ") by and between Comcast Business Communications, LLC ( "Company ") and City of Columbia Heights ( "Customer "), individually referred to herein as "Party" and jointly referred to as "Parties ". In the event of conflict between this Amendment and the Agreement, the Terms and Conditions of this Amendment shall take precedence in the interpretation of the explicit matter in question. Unless otherwise set forth herein, all capitalized terms set forth herein shall have the same meaning as set forth in the Agreement. Whereas, the Parties desire to amend the Agreement by this writing to reflect the amended or additional Terms and Conditions to which the Parties have agreed to; Now, therefore, in consideration of the mutual covenants, promises, and consideration set forth in this First Amendment, the Parties agree as follows: 1. Section 1.2 of the Agreement is hereby modified to read as follows: "Except as set forth in Schedule A, the Service does not include connection to the public switched network, building wire, any Local Area Networks ( "LANs "), customer premise equipment, IP addressing capability, firewalls or any other equipment, electronics, or wiring required on the Customer's side of the Demarcation Point." 2. Section 6.1 of the Agreement is hereby modified to read as follows: "Notwithstanding any other term or provision in this Agreement, Customer shall have the right, in its sole discretion, to terminate this Agreement at any time during the Term, or any Renewal Term, upon (i) sixty (60) days prior written notice to Company and (ii) the payment of all remaining Monthly Recurring Charges (`Termination Charges ") payable to Company within ten (10) days following termination of the Agreement (`Termination Charges "), as follows: a. if terminated at any time during month one (1) through month twenty -four (24) of the Agreement Term, Termination Charges shall equal 100% of all remaining Monthly Recurring Charges b. if terminated at any time during month twenty-five (25) through month forty -eight (48) of the Agreement Term, Termination Charges shall equal 75% of all remaining Monthly Recurring Charges c. If terminated at any time during month forty -nine (49) through month sixty (60) of the Agreement Term, Termination Charges shall equal 50% of all remaining Monthly Recurring Charges" 3. The following provision is hereby added to the Agreement to read as follows: "Portability. Customer may terminate an existing Service (an "Existing Service ") and turn up a replacement Service (i.e., having different termination points on Comcast's network) (a "Replacement Service ") without incurring Termination Charges with respect to the Existing Service, provided that (a) the Replacement Service must have a Service Term equal to the remaining Service Term of the Existing Service; (b) the Replacement Service must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing Service; (c) Customer submits a Sales Order to Comcast for the Replacement Service within ninety (90) days after termination of the Existing Service and that order is accepted by Comcast; (d) Customer reimburses Comcast for any and all installation charges that were waived with respect to the Existing Service; and (e) Customer pays the actual costs incurred by Comcast in installing and provisioning the Replacement Service." Comcast Business Communications, LLC CONFIDENTIAL and PROPRIETARY Page I of 2 65 Amendment No. MN -12093 -090710 -02 /A 1 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the day and year written below and the persons signing covenant and warrant that they are duly authorized to sign for and on behalf of the respective Parties. Except as otherwise modified by this Amendment, all other Terns and Conditions of the original Network Services Agreement shall remain in full force and effect. City of Columbia Heights Comcast Business Communications, LLC Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Comcast Business Communications, LLC CONFIDENTIAL and PROPRIETARY Page 2 of 2 66 1 I I I r i I I E 1. ci 0 000000000000000000000000000000000000 0 00 000000000000000000000000000000000000 0 00 1.4 O' O 000000000000000000000000000000000000 0 00 >, . 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W Z tn 0 cn • LuP 0 0 0 — — — u o 0E— a m — — , ca 8 8 8 4E-2- -0 0 o 5U3!-E“ .g-,-q-o-G.0 -6_22.1.2 x 8 g 22 I? 0) m o m o m W ..1 ..,...2.z w 7,4 b- c E- cu 8 CD 8 • z.,T, z3zz W EnEn 222222 p Ezz2 EzEz2z gMC9 2 9 - 2 2 2 2 ill2M2riigi 0 ,mohl ,m,m,m Z 2'!,2 4 .2 0 222 i-- mw E ,- wwwwmw < z 2 — z z z a w 2 w w w a, ,- N cO cr LO c0 , CO 07 0 T N CO V' tO CO h- CO 0 0 ■-• N CO <I LO CO , CO a, o .-- NCO ,I tO O 000000000,- :100000000000000000000000000000000000 ( COMCCISt SCHEDULE B - BUILDING LOCATION DETAIL BILLING LOCATION INFORMATION Billing Name City of Columbia Heights Contact Name Aleksandr Chernin County Email Aleksandr.Chernin@ci.columbia-heights.mn.us Street Address 590 - 40th Ave NE Phone (763) 706-3638 Ext: City State, Zip Columbia Heights MN 55421- Fax Tax Exempt NO Cell / Pager Billing Interval Monthly SERVICE LOCATIONS Site Name: Public Safety LocalContact Aleksandr Chernin County Email Aleksandr.Chernin@ci.columbia-heights.mn.us Address 1 825 41st Ave NE Phone (763) 706-3683 Ext: Address 2 Fax Floor Cell / Pager Room Latitude City State, Zip Columbia Heights MN 55421- Longitude Site Name: Municipal Liquor - 37th Ave Local Contact Aleksandr Chernin County Email Aleksandr.Chernin@ci.columbia-heights.mn.us Address 1 2105 37th Ave N.E. Phone (763) 706-3638 Ext: Address 9 Fax Floor Cell / Pager Room Latitude City State, Zip Columbia Heights MN 55421- Longitude Site Name; Municipal Liquor - University Ave Local Contact Aleksandr Chernin County Email Aleksandr.Chernin@ci.columbia-heights.mn.us Address 1 5225 University Ave NE Phone (763) 706-3638 Ext: Address 2 Fax Floor Cell / Pager Room Latitude City State, Zip Columbia Heights MN 55421- Longitude Site Name: Municipal Liquor - Central Local Contact Aleksandr Chernin County Email Aleksandr.Chernin@ci.columbia-heights.mn.us Address 1 4950 Central Ave NE Phone (763) 706-3638 Ext: Address 2 Fax Floor Cell / Pager Room Latitude City State, Zip Columbia Heights MN 55421- Longitude Monday, August 16, 2010 68 Page 1 of I CITY COUNCIL LETTER MEETING OF: SEPTEMBER \I20|0 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION 2010-81 BY: JOE KLOIBER BY/ �i -- TRANSFERS DATE: SEPTEMBER 9, 2010 As discussed at the September 7, 2010 council work session, the Governrnent Accounting Standards Board (GASB) has issued a new financial reporting standard for governmental funds — identified as GASB Statement 54 - effective January 1, 2011. This will prirnarily change the terminology used to report fund balance, but in a few cases it will require cornbining funds that will no longer qualify to be reported as stand-alone funds. In addition to implementing this new reporting standard, the City must occasionally authorize various interfund transfers and related transactions to close or combine various funds for which the original purpose of the fund(s) is no longer relevant or for which some other routine financial `^housckcepiog" is required. As emphasized at the September 7, 2010 council work session, the interfund transactions authorized by the attached resolution are solely for these two purposes. This resolution does not change the level ofbudgeted expenditures adopted by the CouncU or EDA. lt does not change or limit any existing purposes for which the Council or EDA have designated fund balance. In fact, to further substantiate this for the City's annual audit process, staff will propose at a subsequent Council meeting the adoption of a separate resolution that will state the purpose of each remaining fund of the Council/EDA/HRA and clarify how the new terminology has been applied to each fund. so as to preserve and formally document the original intent of designations despite the changes in terminology and/or fund grouping. Note thatcertain amounts below are estimated forthe Council's reference, because alt 2010 transactions are not yet recorded and audited. The attached resolution uses language intended to capture the entire balance o[each item listed after all 2010 transactions have been finalized. Staff judges that these changes will improve the user-friendliness o[ the City's financial statements by reporting by City and EDA resources in usnua|)cr number of^^buckeis. Staff recornrnends that the City Council aclopt the foliowing rnotions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-81, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2010-81 being a resolution authorizing certain interfund transfers. cmmcxLuner_xc,zu/o_x/ x"mv,i,ucen:inmtc,omoTon`m,s doe COUNCIL ACTION: 69 RESOLUTION NO. 2010-8 AUTHORIZE CERTAIN INTERFUND TRANSFERS WHEREAS, the City of Columbia Heights reports its financial information under standards issued by the Governmental Accounting Standards Board (GASB); and WHEREAS, the irnplernentation by the City ofthe the recently issued GASB reporting standard identified as Statement 54 requires combining certain City funds previously reported separately; and WHEREAS, the purposes for which certain other City funds were created and maintained have been satisfied or expired; and WHEREAS the City of Columbia Heights and its component unit - the Economic Development Authority - have determined it advantageous and cost-effective to consolidate funds with redundant purposes and to account for any given parcel of land held for resale under as few funds as possible; and WHEREAS the City of Columbia Heights has determined it advantageous and cost-effective to effect certain other misceIaneous transactions to maintain its financial reporting system; BE IT HEREBY RESOLVED by the City Council of the City (}f Columbia Heights, that the City of Columbia Heights authorizes the interfund transfers listed in the attached Exhibit A, effective December 31. 2010. [This space intentionally Iefi blank.] 70 City of Columbia Heights Resolution 2010 -81 Exhibit A Effective 12/31/2010 Transfer From Fund Transfer To Fund Amount/lteni Reason 270 Police Community Programs 101 General Fund Residual cash Close Fund 270 for GASB 54 est $48,000 405 Downtown Parking Maintenance 101 General Fund Residual cash Close Fund 405 for GASB 54 est $135,000 414 Parkview Villa South Building Fund 411 Gen Govt Bldgs Fund $30,455 Close Fund 414 for GASB 54 (A City fund, not an HRA fund) 401 Capital Improvement 430 Infrastructure Fund Residual cash Close Fund 401 for GASB 54 est $80,000 418 Community Ctr (Gym) Building Fund 411 Gen Govt Bldgs Fund Residual cash Close Fund 418 for GASB 54 est $620,000 410 Sheffield Redevelopment (Non -TIF) 420 Capital Imp Redevelopment Residual cash Close Fund 410 for GASB 54 est $348,000 408 EDA Housing Maint Fd 420 Capital Imp Redevelopment Residual cash Consolidate redundant funds est $227,000 411 General Govt Buildings Fund 408 EDA Housing Maint Fd $600,000 Reference resolution 2008 -67 204 EDA Adminstation 408 EDA Housing Maint Fd Land for resale Consolidate land held for resale 204 EDA Adminstation 408 EDA Housing Maint Fd ($400,000) and related interfund loan 202 Anoka County Comm Dev Prog 408 EDA Housing Maint Fd Land for resale Consolidate land held for resale 315 Sullivan Shores 2008A Bonds 101 General Fund $37,500 transfer admin fee 315 Sullivan Shores 2008A Bonds 204 EDA. Administration $37.500 transfer admin fee 411 General Govt Buildings Fund 450 Library Building Fund $16,715 Working capital per resolution 95 -40 883 Contributions - Other 450 Library Building Fund 538.789 Working capital per resolution 95 -40 226 Special Projects Fund 701 Central Garage Fund $42,000 Reclassify garage antenna lease 720 Info Systems - Operating Fund 437 Info Systems - Capital Fund $535,000 Segregate capital from operating 420 Capital Imp Redevelopment 415 PIR Fund $150.000 Finance 3930 University abatements Passed this 13th day of September, 2010 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 71 CITY COUNCIL LETTER Meeting of September \3,2Ul0 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses September 8, 2010 [)A�7�� ��ppcova|ofo�uched list of rental housing app|�uriona. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for September 13, 2010 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 72 List of 2010 Rental Licenses to Approve by Council 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 10020 1125 POLK PL NE Jang Chup, Tenzin F10362 7518 Cahill Road Apt. #11QB $ 150.00 103 Edina, PWN55439 10029 5057 UNIVERSITYAVE NE Abde|'Kehm.Ooema F10641 PO Box 32112 $ 150.00 1053 Fridley, MN 55432 10082 4782 HEIGHTS DRNE Scott, Kevin F10541 4762 NE Heights Drive $15O.0O IUO Columbia Heights, MN 55421 10107 3720 POLK ST NE RE Rea Estate & Property Mgmt Services F10561 3720 POLKSTNE $15U.00 1040 Columbia Heighto, MN 55421 10220 4950 MONROE ST NE Cevier.K8iohae/ F10568 51G Devonshire Dhma $150.00 100 Young America, MN 55397 10228 4749 5TH ST NE Cities Home Rentals F10524A 1O45 Stinson Pkwy $ 150.00 1040 Minneapolis, MN 55418 10231 3827 RESERVOIR BLVD NE Parker, Jason F10594 N10O@86825 Revere Ln. $ 150.00 100 Germantown, VN53O22 10245-RY3867 KEYES ST NE Aden, Abdi F10588 352327thAveS. $15O.0O 1042 Minneapolis, MN554OS 10301 1O18431/2 AVE NE Tungseth, Scott F10597 348AmazonAve $ 150.00 100 Cincinnati, OH 45220 10319 3832 2 1/2 ST NE Lemke, Michelle F10599 153O Welcome Ave $ 150.00 100 Golden Valley, &1NS5422 12000 952 44 1/2 AVE NE George, Gary F18548 Q5U44-1/2Avenue $ 150.00 100 Columbia Heighte, MN 55421 09/08/2018 09:28 Page 1 73 ktA List of 2010 Rental ck fki Licenses to Approve by 4"4"-* ''!�������������� -�� Council o2s41m Avenue m.E.' Columbia Heights, wm 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 12124 5009 JACKSON ST NE Dchoe, Luis F10471 5007 Jackson Street NE $ 150.00 100 Columbia Hoighto, MN 55421 12153 3719 HAYES ST NE Urspringer, Albert F10576 371Q Hayes Street NE $ 150.00 100 Columbia Heighte, MN 55421 12165 4648 TAYLOR ST NE Ranwei|mr,John F10504 4G48 Taylor Street NE Up $ 150.00 100 Columbia Heights, MN 55421 12202 4838 UPLAND CRST NE Estate of se Schtactenhaufen F10573 PO Box 11OO C/OA Little Help for the Elderly $ 150.00 1050 Minnetonka, K8N55345 20000 4622 JOHNSON ST NE Frau|y. Karen &Bill F10580A 3717 Reservoir Blvd $15O.U0 100 Columbia Heighta, MN 55421 20007 4636 TAYLOR ST NE Vandeveer, Robert F10400 1U52Q3ndLane $ 150.00 100 Coon Rapids, MN 55433 20820 4545RLLK8ORESTME Sbsuuh.Le|and F10640 1155 Khyber Lane WE $ 150.00 lOO Columbia Heighta, MN 55421 20876 4636 JOHNSON ST NE Fneuh/. Karen &Bill F10589 3717ReeemiorBlvd $ 150.00 100 Columbia Heights, MN 55421 20180 3825 JOHNSON ST NE Majewski, John F10462 1O512th Avenue NVV $15O.UU 100 New Bhghbon, MN 55112 20111 4028 CLEVELAND ST NE Boyum, Clifford F10577A 1426 Bussard Court $ 150.00 100 Arden Hills, W1N55112 20116 1035 43 1/2 AVE NE Hyska, Mike F10634 1055 Lake Beach Dr $ 150.00 100 Shoreview, MN 55126 89/08/20I0 09:28 Page 2 74 List of 2010 Rental Licenses to Approve by 000000 ,0000.0 ,000,000000 ���P Zw,c,10 Council acs41m Avenue m.s. co/umu/ane/nms.ww 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 20177 4533 WASHINGTON ST NE Miller, William F10296A 14G2O1Oth Ave Southwest $ 150.00 lOO Seattle, WA 98166 20194 3810 3RD ST NE Anderson, Kim F10598 1OOU Sherwood Rd. $ 150.00 100 Columbia Heightu, MN 55421 20254 1349 CIRCLE TERRACE BLVD NE Crystal Corporation F10522 8343Ti||ettLoop $ 150.00 lOO Manassas, VA 20110-8312 20258 1027 43 1/2 AVE NE Lucking, Wiliam F10578 1138441/2 Avenue NE $ 150.00 100 Columbia Heighto, MN 55421 20300 4340 QUINCY ST NE Gromek, Thomas F10547 G219287thCourt $ 150.00 100 Wyoming, MN 55092-8340 20387 3726 3RD ST NE Mounds Park Investment Partnership LLS F10550 2751 Hennepin So #251 $ 150.00 1050 Minneapolis, MN 55408 38018 233 42ND AVE NE Main Street Companies, Inc. F10580 5SU5 West 38dh Street Suite #2O2 $ 410.00 1040 St. Louis Park, KAN5541G 30019 4060 4TH ST NE Lynde Investment Company, LLP F105331 PO Box 1S581 $248.00 1050 Minneapolis, MN 55416 30821 4120 4TH ST NE Lynde Investment Company, LLP F10533K PO Box 18501 $35O.8O 1050 Minneapolis, MN 55416 30023 4226 4TH ST NE Johnson, Ross F10503 422G 4TH STNE Apt #4 $18O.0U 100 Columbia Heights, MN 55421 30024 4308 4TH ST NE Kortas, Margaret F10635 1813 Stinson Blvd. $ 234.00 100 New Brighton, MN 55112 09/08/20I0 09:28 Page 3 75 List of 2010 Rental Licenses to Approve by 05000 niviA4.00.1 Council 825 41st Avenue w.s.- Columbia Heights, ww 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 30027 4100 4TH ST NE Lynde Investment Company, LLP F10533H PD Box 185O1 $ 248.00 1050 Minneapolis, K8N5541G 30157 4649 UNIVERSITY AVE NE Lemke, Lorraine F10538B 280Q-118th Avenue NE $ 248.00 103 Blaine, MN 55449 34003 4241 3RD ST NE Steven Scott Management, Inc. F10135 5402 Parkdale Drive Attn: Steven C. SchachtmarS1.th00 1040 St. Louis Park, MN 55416 09/08/2010 09:28 Page 4 76 CITY COUNCIL LETTER Meeting of: Sept 13, 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER N(]: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson [)ATE: NO [)ATE: 8cpL8,2010 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the September 13, 2010 Council meeting. This agenda consists ofapptications for 2010 Contractor Jicenses. At the top ofthe Iicense agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This rneans that the data privacy form has been submitted as required. lf not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for September 13, 2010 as presented. COUNCIL ACTION: 77 T() CITY COUNCIL September 13, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2010 BLDG *Sigocrufteo 2405 Annapolis Ave N, P!ymouth $60 *Rob Garin P1 \9dO0 Tamarack St, Oak Grove $60 *MN Utilities & Excav 13932 Carl [)r, Forest Lake $60 ' Premier y|unnbPlus 1260 106 m Lane NW, Coon Rapids Total Comfort 4000 Winnetka Ave N #100, New Hope $60 *E & E Mechanical Inc. P{} Box 727h,8tPaul $60 *St. Marie Sheet Metal P{) Box 32\4O,Fridley $60 *McAlister Heating 15112 Lever St NE, Harn Lake $60 Mikes Custom Mechanical 3946 Central Ave, Col. Hts $60 78 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: September l3,20\0 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 136042 through 136265 in the amount of L753,880.08 . 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W QJ W ka wo co co co O O F 01 al I W F CITY COIJNCIL LETTER Meeting o[ September \3,2O\0 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman 8Y Revocation ', 1i ''-.----- DATE: September 8, 2010 DATE: N(}: 10-73 Resolution 2010-73 was tabled at the August 23, 2010 meeting. This resolution is requesting the revocation of the Iicense to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2010'73 — 1162-64 Cheery Lane for failure to meet the requirements ofthe Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2010-73 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2010-73 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter jA, Article |V, Section 5/\.408(/\) of the rental license listed. COUNCIL ACTION: 88 RESOLUTION 2010-73 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Katherine Crosby (Hereinafter "Licerise Holder"). Whereas, license holder is the legal owner of the real property located at 1162-64 Cheery Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.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 3, 2010 ofan public hearing to be held on August 23, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Beiebts, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 24, 2010 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on August 3, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . /\ statement ofcause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on August 12, 2010 inspectors for the City of Cotunibia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records ofthe Enforcement Office, the following conditions and violatioiis ofthe City's Property Maintenance Code were found to exist, to-wit: a. Sha|l repair/replace the deck that is falling off the building. b. Shall repair/replace all/any damaged/missing screens c. Shall repair the A/C unit that has broken offthe house. Proof oflicensed electrician making repairs required 5. 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 5/\, Article III 5A.300 and 5&.]O3(&). ORDER OF COUNCIL 1. The rental license beJonging to the License Holder described herein and identified by license number F9986 is hereby revoked. 89 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the Iicense held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day ofposting ofthis Order revoking the license as held by License Holder. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 90 CITY COUNCIL LETTER Meeting of September |3,28\0 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: /./, Abatement [)ATE: September 8, 2010 [)ATE: NO: 10-82 to 10-83 Declaration ofa nuisance and abatement of violations within the City ofColumbia Heights is requested regarding properties at 2010-82 — 230 44 Avenue 2010-83 — 3730 Tyler Street for failure to meet the requirements o[ the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading o[ Resolution Numbers 2O|8-82 and 83 there being ample copies available to the public. RECOMMENDED MOTION: Move ro adopt Resolution Numbers 20|O-82 and 83 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement ofviolations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: 91 RESOLUTION 2010-82 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 Ryan Riemenscheider (Ucn:inuficr "Owner of|lcoond"). Whereas, the owner of record is the legal owner of the real property located at 230 44 Avenue N.E. Co!umbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner ofrecord on August 10, 2010. Now, therefore, in accordance with the foregoing. and all ordinances and regulations of the City of Columbia Heights, the City Councii of the City ofCoiumbia Heights makes the foliowing: FINDINGS OF FACT 1. That on July 8, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 10, 2010 inspectors reinspected the property Iisted above. Inspectors noted that violations remained uncorrected. }\compliance order and statement of cause was maiied via regular mali to the owner listed in the property records. 3. That on August 31, 2010 inspectors reinspected the property and found that violation(s) remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations ofCity Codes(s) were found to exist, to wit: A. Shall remove the dead tree (and all of the tree stump(s)) in the back yard to within 2- 4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice ofthis hearing according to the provisions ofthe City Code Section 8.206(&) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located ut23044 m Avenue N.E. is in violation oy the provisions o[the Columbia Heights City Code as set forth in the Notice ofAbatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings reievant to the abatement of violations on the property listed above. 3. That aii applicable rights and periods ofappeai as relating to the owner ofrecord, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 92 ORDER OF COIJNCIL 1. The property located at 230 44 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. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovibz,[MC City Clerk 93 RESOLUTION 2010-83 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 11, of City Code, of the property owned by Tony Griffith (Hereinafter "Owner ofRecord'). Whereas, the owner ofrecord is the legal owner nfthe real property located at 3730 Tyler Street N.E. Colurnbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mali to the owner ofrecord on August 26, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colurnbia Heights, the City Councii ofthe City ofColumbia Heights makes the following: FINDINGS OF FACT 1. That on July 12, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular niaii to the owner at the address. 2. That on August 26, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular malI to the owner listed in the property records. 3. That on September 7, 2810 inspectors reinspected the property and found that violation(s) remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations ofCity Codes(s) were found to exist, to wit: A. Shall repair the side steps. Steps must meeting Building Code. 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 0.20h(A) and R.2Oh(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3730 Tyler Street N.E. is in violation of the provisions oFthe 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 iisted 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 94 1. The property Iocated at 3730 Tyler 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. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 95 CITY COUNCIL LETTER Meeting of: September 13, 2010 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPT: CITY MANAGER NO. FINANCE APPROVAL ITEM: BEING /\ RESOLUTION ADOPTING A BY: WILLIAM BY PROPOSED BUDGET FOR THE YEAR 2011, SETTJNG ELRITE THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, AND ESTABLISHING A BUDGET HEARING DATE: 09/08/2010 DATE FOR PROPERTY TAXES PAYABLE IN 2011 NO: Attached is the resolution to adopt the proposed 2011 budget. The proposed motion reduces the proposed levy from an 8Y6 increase to a 4% increase by applying $350,000 in fund balance reserves to the Bonded Debt Levy as was discussed at the September 7 work session. Also attached is the budget information packet that was distributed for the September 7 work session, which includes the City Manager's budget message. The 2011 budget and levy recommendations are based on the four-year budget plan. The plan calls for an 8% levy increase of$7OO,OUU in 2011. The City Manager recommends reducing the proposed increase by 50Y6 or $350,000. This would be a 4% increase in the levy. This reduction could be made up through the use of fund balance or by making some cuts to services. It is also possible to further reduce the levy at the December rneeting when the final budget and levy are adopted. At that meeting the levy can only be reduced it cannot be increased. The second item to discuss is the 2010 budget review process. Staff recommends starting the budget review process at the first work session in October. This allows the City Council adequate time to become familiar with the budget before starting the formal budget review process. Currently 90-92y6 of the major department budgets are for personnel costs with the remaining 8-10Y6 going towards utilities, supplies and the very basic iterns required to run the departrnerits. Since 2003, budgets have been reduced to cover inflation. We are truly down to a no frills budget for 2011. The only area left to cut is in personnel. To further reduce the proposed 2011 budget the City Council needs to decide what services should be eliminated and then reduce staffing accordingly. Staff recommends retaining the current level of services and staffing. The proposed levy needs to be certified to Anoka County on or before September 15 2010. RECOMMENDED MOTION: Move to waive the reading of Resolution 2010'84 there being ample copies available for the public. RECOMMENDED MOTION: Move to reduce the proposed levy by applying $350,000 in General Fund balance reserves to the Bonded Debt Levy and adopt Resolution 2010-84, being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy, establishing a budget hearing date for property taxes payable in 2011 for December 13, 2010 at approximately 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $262,556. ALTERNATE MOTION IF THE CITY COUNCIL DOES NOT WANT TO REDUCE THE PROPOSED LEVY: Move to adopt Resolution 2010-84 without applying any fund balance to the debt levy, being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy, establishing a budget hearing date for property taxes payable in 2011 for December |3,20|Ou< approximately 7:OOp.no.inthe City Council Chambers, and approving the HRA levy of$262,556. WE:slh 1009082couwoc 96 RESOLUTION 2010-84 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2011, 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 2011. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the foliowing is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2011 is hereby approved and adopted with appropriations for each of the funds Iisted below. Expense General Fund 10.200.317 Community Development Fund 263,823 Economic Development Fund 389.251 State Aid 157,545 Cable Television 129.442 Library 790.470 DARE Project 20.000 Infrastructure 233.297 Capital Improvement 922.897 Capital Equipment Replacement Funds 443,393 Construction Funds 1.128.500 Central Garage Fund 688.509 Liquor Operating 8,715,880 LiquorCapita|/Non'OperotinQ 888.955 Water Utility Fund 2.611.909 Sewer Utility Fund 1.845.696 Refuse Fund 1,568,787 Storm Sewer Fund 359.879 Data Processing 348,772 Debt Service Fund 2.625.900 Total Expense Including Interfund Transfers 34,134,222 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 2011: Revenue General Fund 10.200.317 Community Development Fund 263.823 Economic Development Fund 389.251 State Aid 157,545 Cable Television 129.442 Library 790.470 DARE Project 20.000 Infrastructure 233.297 Capital Improvements 922.897 Capital Equipment Replacement Funds 443.393 Construction Funds 1.120.500 Central Garage Fund 688.509 Liquor Operating 8.715.880 Liquor Capital/Non-Operating 088.955 Water Utility Fund 2.611.009 Sewer Utility Fund 1.845.690 Refuse Fund 1.568.787 Storm Sewer Fund 359,879 Data Processing 348,772 Debt Service Fund 2.625.000 Total Revenue Including In#*rfmudTronsfwmo 34,134,222 97 Section C. The foliowing sums of money are Ievied for the current year, collectable in 2011, upon the taxable property in said City of Columbia Heighte, for the foliowing purposes: Estimated General Fund Levy 7.009.711 Estimated Library Levy 757,620 Estimated EDA Fund Levy 84.811 Total 8,752,142 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2011 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 13, 2010 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 2011 that is higher than the tax rate calculated for the City for taxes levied in 2009, collectable in 2010. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay 2011 Bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $43,800 and General Obligation Bond Series 2006A in the amount of $229,651, and that the County Auditor is authorized to cancel these Bond Levies for taxes payable in 2011. BE IT FURTHER RESOLVED: That the City Council desires to reduce the property tax levy by using fund balance and state aids to further reduce the debt levy in the amount of $ BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay $ of the $ Bond principal and interest payments levy on Public Safety Building, General Obligation Bond Series 2008B, leaving a balance of $ to be Ievied. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterso Patricia Muscovitz, CMC City Clerk 98 Attachments: Proposed Budget and Levy Review September 7, 2010 COUNCIL ACTION: 99 Proposed Budget and Levy Review September 7, 2010 100 Table of Contents Page Budget Memo from the City Finance Director 1-3 2011 City Manager's Budget Message 4-6 Four-year Budget Plan established in 2009 7-13 2009 Standard and Poor's Bond Rating 14-16 Budget Comparison & Projection 2008 to 2011 17 Police Department Summary of Cost Factors for 2011 Budget 18-19 Proposed Resolution Adopting Proposed Budget and Proposed Levy for 2011 20-21 Alternate Proposed Resolution 22-23 101 Budget Memo from the City Finance Director 102 CITY OF COLUMBL4 HEIGHTS DATE: SEPTEMBER 1,2010 TO: WALT FEHST CITY MANAGER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: CITY COUNCIL WORK SESSION OF SEPTEMBER 7, REVIEW OF PURPOSED 2011 BUDGET AND LEVY FOR TAX SUPPORTED FUNDS (PAGE 1 OF 3) Attached to this memo are copies of the City Manager's Budget Message from the proposed 2011 budget book, the original four-year budget plan that was established in 2009, a copy of the Standard and poor`u Bond Rating from 2OO9, budget comparison Sz. projection 2O08tn2U!|,o copy ofthe Police Department's Summary ofCost Factors for the 2011 budget, the proposed resolution adopting the proposed budget and proposed ievy for 2011, and an alternate proposed resolution reducing the total levy by utilizing fund balance to cancel a portion ofthe debt service levy for the Public Safety Building. 1 feel that all ofthese documents should be an important part ofthe 2011 budget review. First, the four-year budget plan established the goal of not being dependent on local government aid by the year 2013. This plan provided for property tax increases in a decreasing amount for all four years. Under the plan the property tax increase for 2011 would be 8%, for 2012 it would be 635%, and for 2013 4.98%. Under the plan in the year 2013 we would be totally free from dependence on local government aid for general operations. AIso under the plan any LGA that was received in future years could be applied to reducing the debt |ovy, which would be a direct reduction in the property tax levy and the amount of property taxes paid by residents. The alternate resolution has wording that would accomplish this reduction in the property tax levy. I have also included a copy of the Standard and Poor's Bond Rating letter dated June 8, 2009. As you recall Standard and Poor's increased our bond rating by two steps to an AA rating. Page two of this letter includes four factors for their rationale on this improvement. One of these factors was the City's 'healthy finances as demonstrated by a strong fund balance". The next factor was "good financial management planning and procedures which have sustained the City's good financial standing and provide further stability". A large factor in Standard & Poor's rationale to increase the city's bond rating was the four-year financial plan that successfully dealt with the loss ofLGA. If the City is going to deviate from the current four-year plan and reduce the proposed property tax levy for 201 it is important that the four-year plan also be modified. To maintain a good bond rating it is essential that the City have a long-range financial plan to deal with the Ioss of State Aids. Extending the plan an additional year or two with smaller property tax increases but still maintain the goal and objective of being free from dependence on Page 1 103 local government aid should be beneficial in maintaining our high bond rating. Lowering the levy without a long -range financial plan could be detrimental to our bond rating. When it comes to the proposed 2011 budget it is clearly a down to basics, no frills budget proposal. When you look at the major departments in the General Fund 90% or more of the costs are in the area of personnel. Of the remaining 8 -10% of the departmental budget the majority of that is for required expenditures such as utilities, vehicle expense, and statutory or union contract required items. The remaining 1% or less of the budget is for essential supply items. Since the year 2003, when we first saw major reductions in local government aid, budgets have been reduced and staff positions eliminated or not filled in an effort to deal with the major reduction in revenue. As we approach the 2011 budget process there were no longer any areas whatsoever that could be cut without eliminating some traditional City services. I have attached the Police Department Summary of Cost Factors page to demonstrate just how tight budgets are. I chose the Police Department budget for this demonstration for two reasons: first, it is truly essential services and secondly it comprises approximately one -third of the total General Fund budget. The first page of this document shows the personnel costs, which represents 90% or a total of $3,262,516 out of the budget that totals $3,616,965. On page two of the Summary of Cost Factors sheet I have categorized the various expenses with category one being the personnel expense. Category two are items required by statute, union contract or essential to the operation of the department. As you can see from the list of category two items this includes utilities on the Police portion of the Public Safety Building, vehicle repairs, maintenance, gas, oil, lubricants, uniform, ammo and required training. After personnel this is the next largest portion of the budget totaling 8.36% or $302,219. The next category of expenditures is category three. These are items that are not required by statute or contract but are essential to running a successful department. This category includes building maintenance, car washing, legal notice publications for the City auction and maintenance services, which includes the maintenance of office equipment. This category totals $27,710 or Tess then 1% of the budget. The fourth category of expenses is again less then 1%, totals $24,520 or 0.68% of the budget and is for basic office supplies, janitorial supplies, forms, printer and fax toner, and a few computer supplies. If this category of the budget were totally eliminated, which would not be practical or feasible, it would amount to an average property tax reduction of about $0.28 per month or $3.36 per year to each property in Columbia Heights (the actual reduction would vary based on property classification and value). This same type of scenario applies to the other departments in the General Fund, which comprise the remaining two - thirds of the budget. If the City Council wants to cut expenses it is virtually impossible to do so without significant staff reductions or major reductions in services provided. To keep this thought in prospective the average budgeted compensation for a full time position in the city costs each property in Columbia Heights an average of $0.98 per month or $11.79 per year (the actual reduction would vary based on property classification and value). On this basis it would take a significant reduction in staff to have a major effect on property taxes. Although staff does not recommend a reduction in services there are certain significant service levels that the City of Columbia Heights provides that other cities our size and larger do not provide. Eliminating these services could reduce the budget and levy by more then a million dollars. This could result in a 2011 tax levy lower then the tax levy for 2010. However, as Page 2 104 mentioned previously this is not staff's recommendation but it is an alternative available to the Council ifthe main goal is only to reduce property taxes. WE:slh /omwr/cw Attachments: 2011 City s Budget Message Four-year Budget PIan established in 2009 2009 Standard and Poor's Bond Rating Budget Comparison & P jection 2008 to 2011 Police Departrnent Summary ofCost Factors for 2011 Budget Proposed Resolution Adopting Proposed Budget and Proposed Levy for 2011 Alternate Proposed Resolution Page 3 105 2011 City Manager's Budget Message 106 CITY OF COLUMBIA HEIGHTS 2011 BUDGET MESSAGE The budget message and document have been put together to comply with the City Charter and state statute requirements for providing budget information and adopting a proposed budget and proposed tax levy. Under state statutes the City of Columbia Heights must adopt a proposed budget and a proposed tax levy and certify it to the County Auditor's office prior to September 15. The City then has until December 28 to adopt and certify a final budget and levy to the County Auditor's office. The final levy can be less than the proposed levy but it cannot be greater than the proposed levy. Based on this, staff traditionally recommends establishing a proposed levy that is adequate to cover budgetary needs with the understanding that as the budget process is finalized, the City Council has the opportunity to reduce the final property tax levy. Budget Format The City of Columbia Heights budget is prepared and distributed in a format that includes useful narrative information that highlights department activities, objectives, and budget summary. This format is designed to provide the user of the budget with a more descriptive narrative explaining the highlights of the budget. Under this format the budget is broken down into ten functional areas and is prepared with a narrative budget message for each of these areas. When the City Council meets with the various departments, a detailed budget workbook will be distributed to the Council for each of the functional areas. The workbook is intended for utilization during the work session to provide more detail for each individual budget. At the end of the City Council budget review process, a summary of the budget will be assembled for distribution to the public at the City's budget hearing, which is held in December. Budget Overview //work, LGA I/ijoi`mation In the 1970's the state legislature passed legislation that created LGA to cities. With this legislation a formula was developed to distribute the aid to cities based on need and other factors. Throughout the years the LGA formula was very beneficial to the City of Columbia Heights. By 2003, the City's certified LGA was $2,651,999 or 30% of the City's General Fund revenue. At this point, the City had become very reliant on LGA to cover the costs of basic, essential services such as police, fire and public works. In 2003 when the governor and state legislature made significant reductions to LGA, it was devastating to cities such as Columbia Heights who were reliant on this aid for essential Page 4 G: \Next \City Manager's Budget Message 201 I \CM Budeet Messag1 QT .doe services. The alternative cities had was to increase property tax levies to maintain the current service level or cut essential services. During the period of time from 2003 thru 2010 the City's lost state aid, LGA and MVHC totals $12,020,989. In 2003 prior to the State's financial crisis the City of Columbia Heights was certified to receive $2,651,999 in aid. So far in 2010 this has been reduced by $1,063,487 ($697,703 in LGA and $365,784 in MVHC) leaving the City with $529,396 in aid. For budget purposes we are projecting aid revenue of $425,338. The 2010 Legislature also made the 2010 MVHC reduction amounts permanent (under M.S. §273.1384, subd. 6), meaning that the amount of the 2010 MVHC reimbursement reduction will also be reduced from aid payments in future years. For the 2011 budget the City is projecting that we will continue to see reductions in LGA and MVHC aid, which will leave us receiving $425,338 compared to the $2,651,199 that we received previously. 2011 Budget Highlights The attached detail budget pages cover the recommended increases and decreases to the various budgets. In summary, the department proposed 2011 budget for the General Fund, Library Fund and the EDA levy is $8,752,142, which is within the scope of the four -year budget plan. The 2011 budget process started in 2009 With the large State of Minnesota deficit and the anticipation of a major loss in LGA for 2009 and future years, the 2010 budget process was started very early. Staff met with the City Council at a work session on April 6, 2009, to present the basic plan of a four -year budget that would include a reduction of expenses, a reduction of several city services, and a four -year levy plan that would eliminate the reliance on LGA for the City's general operating budget by the year 2013. On the expenditure side, the starting point was based on the 2008 adopted budget. It should be noted that the 2008 adopted budget for the General Fund, the Library Fund and the EDA levy only increased by 3.3% from the adopted 2003 budget. Subsequently, the starting point for the 2010 budget has only seen minimal increases that are far below the cost of living for the five -year period from 2003 -2008. This brought the starting point for the 2010 budget to $10,233,657. We added $385,000 to this amount to cover utilities and maintenance expenses for the new gymnasium and new Public Safety building. The only other addition was $341,454 to cover cost of living pay increases that had already been approved by the City Council. This brought the cap for the 2010 budget to $10,960,111. The actual Department /City Manager proposed budget for 2010 was $10,897,205, which was $62,906 under the preliminary goal for 2010. For the 2011 budget the goal was to allow a 1% increase, which would allow a budget of $11,006,177. The actual 2011 Page 5 G: \Nest \City Manager's Budget Message 2011 \CM Budget Messagiti81 doe proposed budget came in at $11,042,748. This covers the property tax supported budgets for the General Fund, the Library Fund and the EDA portion of the levy. On the revenue side the four -year budget plan looked at the primary goal of developing a revenue stream that would enable the City to eliminate its dependence on LGA for general operations. The plan accomplishes this with a four -year levy plan that sees significant decreases each year in the amount of the levy increase for general operations. In 2010 the levy would increase by 10.88 %, in 2011 it would increase by 8 %, and by 6.35% in 2012. In the year 2013 the City would no longer be reliant on any LGA for general operations. In that year the levy is projected to increase by 4.98 %. The plan also is dependent upon using slightly under $800,000 in fund balance for the years 2010 and 2011 and then seeing slight increases to fund balance in 2012 and 2013. Although this may appear to be a large levy increase in 2010, it does accomplish the goal of becoming independent from LGA within four years. Any LGA received that is in excess of the amount in the budget plan could be utilized to reduce the debt service levy, which would result in a direct reduction of property taxes. Future LGA could also be dedicated to other uses such as creating a capital building fund for the future replacement of city facilities and infrastructure. The four -year budget plan is attached to this message, as it is a significant part of the budget document. Also attached is a copy of the 2009 Standard and Poor's bond rating for the City of Columbia Heights. Our bond rating was upgraded two steps from an A -1 to an AA rating. In the rating upgrade Standard and Poor's assessed the City's management practices and policy and rated them "good." A strong factor in the assessment was that the City had a four -year budget plan to deal with the Toss of LGA and a long -range plan to maintain infrastructure and essential services. During 2010 Moody's upgraded their bond rating of the City by two steps from an Al to AA2. Again, a major part of this strong rating is the City of Columbia Heights overall financial condition and the fact that the City has developed a long -range plan to deal with the State's financial crisis. Page 6 G: \Nest \City Manager's Budget Message 2011 \CM Budget Message' Q .doc Four -year Budget Plan established in 2009 110 CITY OF COLUMBIA HEIGHTS DATE: MAY 7, 2009 ][O: THE HONORABLE GARY PETERSON CITY COUNCIL MEMBERS TA1VII DIEHM BR0CEKELZF,NBERG BRUCE NAWROCKI BOBBY WILLIAMS FROM: WILLIAM ED^RDTE FINANCE DIRECTOR RE: D,' PARING FOR THE 2010 BUDGET (Page 1 of 2) At the work session on May 4 m staff handed out information related to the preparation of the 2010 budget. Included in this was historic information regarding the budget, local government aid (LGA), levies, and past property tax increases. It should first be noted that this presentation only dealt with the city property tax levy that appears on the property tax statements as the city levy. The presentation did not include the school levy, the county levy, the city HRA levy or the county HRA levy for the city. The reason for concentrating on the city portion ofthe levy is that this is the primary funding for the General and Library funds. The }{BA levies are separate levies used primarily for redevelopment within the city. As these are separate levies for a specific purpose they can be dealt witli more efficiently at another time. Page 1 ofthe docurnent shows the General and Library fund budgets for 2003 with a comparison to 2008 and a proposed 2010 funding level. It also shows the amount of personnei expenses along with the percent of the budget that makes up personnel. The largest dopudnneniy, such as Police and Fire, have 91% and 90Y6o[their budget in personnel costs. Subsequently it is very difficult to reduce budgets without reducing personnel and services provided. The reason for using the 2003 adopted budget as a basis is that it is nurhigheui-\evc| budget and it is the year that the state began to significantly reduce LGA. The next column shows the 2008 adopted budget. /\s you can see, the 200# budget only increased hy$3\7,b35 over the 2003budget. This is a 3.3% increase in expenditures over a five-year period. Staff is proposing that this be used as the basis for the 2010 budget. The next column shows the 2008 budget plus City Council approved pay increases through 2010. Using this colurnn as the starting point in the preparation of the 2010 budget we would be freezing expenditures at the 2008 level with the exception of the approved pay increases. The next section, lines 34-37, shows the projection of utilities for the new gymnasium and public safety building as an addition to the base budget for 2010. The bottom section of this form, lines 39-48, reflects the projected revenues for 2810 through 2013 for the start of a four-year budget plan. The primary goal of this plan is to no longer be dependent on L(}/\ as a funding source for general operations. As you can see, in 2013 the projected LGA for general operations is zero. Line 45 shows the effect this budget plan has on fund balance. In 2010 we would be utilizing $689,489 of fund balance. In 2011 the fund balance used is $99,090, then in 2012 and 2013 we begin a slow rebuilding offund balance. The Page 7 111 Page Two bottom two lines show the percent and amount of inflation that is built into these budgets. The year 2010 has zero inflation, 2011 has 1 %, and 2012 and 2013 have 2% inflation. Page 2 shows the history of the city levy and what we have received in LGA from 2003 through projected 2010. The top portion shows the years and our certified LGA and the cuts that we have received. As you can see, on line 16 the total lost LGA from 2003 through projected 2010 is $12,020,989. When you go to the bottom section of the chart it shows our levy history for the same period of time. Here, again, on the bottom you can see that the total revenue gained through increased property tax levies is $12,806,045, which does fully offset the lost LGA. The main point of this chart is that it shows that our property tax levies have basically covered and made up for the lost LGA. The last four columns on the bottom section of the chart show the percent of increase in the levy for 2003 through 2010. As you can see, our levy increases were high in 2004 and 2005 to make up for lost LGA and then decreased significantly. Likewise, the current four -year budget plan has the largest levy increase in the first year. Page 3 shows the four -year levy plan. In this plan 2010 is the heaviest year as it covers the new expenses for the gymnasium and public safety building as well as additional bonding to cover the Murzyn Hall improvements and the new public safety building. In the years 2011 through 2013 the levy is increased only to replace lost LGA and to begin replacing fund balance used in 2010 and 2011. The two bottom sections of the chart reflect the levy increases broken down for general operations and for debt. Lines 27 and 28 reflect the fund balance changes and the total percent of levy increase for the four years. Following this plan through to 2013 will result in 2013 having a property tax levy increase of less than 5% and an increase to fund balance of slightly over $100,000. One of the key points of this budget plan is to remove the reliance on LGA for general operations. The plan is based on receiving and using $425,338 in LGA for years 2010 through 2013. However, there is a possibility that we could receive more LGA in these years. If this holds true, any additional LGA that is received can be used to reduce the city's debt levy or put aside in a capital building replacement fund. Any portion that is used to reduce the debt levy will result in a direct property tax savings to the residents. For example, in 2010 the plan projects that we will receive $425,338 in LGA. If the city receives more than that, all or a portion of it can be used to reduce the debt leery, which will result in a reduction of the total city property taxes to the residents. Additional LGA of $300,000 would reduce the levy by approximately 4 %. Based on the discussions at the work sessions, staff will start preparation of the 2010 budget based on this four -year plan. This budget will be presented to the council following the same schedule that has been utilized in previous years. WE:sms 0905073000NCIL Page 8 112 I A I B I C 1 D 1 E I F I G City of Columbia Heights, Minnesota Budget Comparison & Projection 2003 - 2010 General Fund, Library and EDA 2008 Budget General & Library Fund & EDA Plus Pay Personnel Levy Fund 2003 Adopted 2008 Adopte Increase 2010 Personnel Percent of Budget Budget Thru 2010 Expense Budget 1 Mayor - Council 41110 211,014 183,523 190,778 117,089 61% 2 City Manager 41320 412,706 398,026 422,202 390,209 92% 3 City Clerk 41410 8,105 49,588 52,600 48,608 92% 4 Finance 41510 643,973 656,173 694,978 626,317 90% 5 Assessing 41550 101,000 106,415 106,415 0 0% 6 Legal Services 41610 196,572 186,500 186,500 0 0% 7 Fire 42200 916,572 1,159,768 1,227,885 1,099,415 90% 8 Police 42100 2,786,587 3,075,586 3,317,120 3,024,189 91% 9 Gen Gov Bldgs. 41940 158,546 159,212 159,212 0 0% 10 Emergency Management 42500 84,973 22,344 23,126 12,621 55% 11 Animal Control 42700 16,150 15,470 15,470 0 0% 12 Weed Control 43260 16,428 21,493 22,276 12,631 57% 13 Recognition /Special Events 45050 71,368 41,700 41,700 0 0% 14 Contingencies 49200 50,000 100,810 100,810 0 0% 15 Transfers 49300 480,000 185,000 185,000 0 0% 16 Engineering 43100 319,076 321,402 339,357 289,796 85% 17 Streets 43121 690,319 760,897 787,880 435,505 55% 18 Street Lighting 43160 126,416 151,167 151,544 6,082 4% 19 Traffic Signs & Signals 43170 73,251 81,182 84,824 58,788 69% 20 Parks 45200 751,437 735,514 764,977 475,535 62% 21 Tree Trimming 46102 104,500 128,984 133,214 68,273 51% 22 Recreation Admin. 45000 224,417 158,608 167,790 148,190 88% 23 Youth Athletics 45001 19,702 33,293 34,845 25,044 72% 24 Adult Athletics 45003 25,328 29,419 30,152 11,824 39% 25 CHASE II/Youth Enrichm. 45004 22,169 60,104 62,497 38,631 62% 26 Travel Athletics /CHASEIII 45005 22,635 31,139 32,227 17,554 54% 27 Trips & Outings 45030 38,666 57,212 58,344 18,277 31% 28 Senior Citizens 45040 78,580 81,689 85,539 62,139 73% 29 Murzyn Hall 45129 249,022 228,230 239,136 176,023 74% 30 Library Total 45500 679,700 738,346 772,743 555,169 72% 31 EDA Levy 140,569 78,622 83,971 83,971 100% 32 Sub Total 9,719,781 10,037,416 10,575,111 7,801,877 74% 34 New Expenses 35 Maint & Utilities new GYM 85,000 36 Maint & Util new Pub Safety 300,000 37 Total Expense Projection 9,719,781 10,037,416 10,960,111 39 Revenue &Exp Projections 2010 2011 2012 2013 40 Operating Levy 8,052,142 8,752,142 9,352,142 9,852,142 41 LGA 425,338 425,338 425,338 0 42 Other Revenue 1,793,142 1,793,142 1,793,142 1,793,142 43 Total Revenue 10,270,622 10,970,622 11,570,622 11,645,284 44 Expense 10,960,111 11,069,712 11,291,106 11,516,928 45 Fund Bal (Used) Increase (689,489) (99,090) 279,516 128,356 46 Exp Increase for Inflation 47 Percent 0.0% 1.0% 2.0% 2.0% 48 Amount 0 109,601 221,394 225,822 Page 9 113 1 0 0 0 co L5 15 ca ai cfi a) = .) r 0 0 C C >' �OI-I- C1CD0100 > COCDMC7 t - CDN 0)N Ul 1.0 CAD M(70 = I- I CV h O Cn N CA CO r NT 0 Nt 0 O CO� r07CC) OI�t- 1-- �10(00(6 I`tiO U) O (O 15 A N V co , V N o0 a) CO a0 (O J N CO CA r V CD Ep O a) 0 0 0 0 0 0 0 O u) r00 LL ° a 9 C') CV �tN(0 0 a) > U r r r • J C — c/) O 00) N v- I` CO 00 ( O > - c) 00(0000O - co co I— t- CO L) ..4- I- (0 (O 0) (D J r r NT Nt 4 1"- 0) 0 O N y CO CO M c c7 O t` (O O 2 C C O j) O CD M CO Ch CO N 0) CO O W o O_ 0) .4 0) N r C) CO N N 0 (0 ---,..1 N- N N 0) (0 N O __ 0 U COCDLOCO I� CO NO, C O • CDN U1 CO , OMN 00 Co" J - r r r r r r N N C) ( r r r CN C V C0 N �. v O a) • p O p 0 ID Q Q O O 'D(0(00 —'tC0 0(0 © E (0 CO (0 N- cc) (0 NN1.0 C ` 007)N0)010 0)r O 0 (1) Nt N-N �-00NN • W a) C I�OI`CDv r0 O rNNOONNO _C L . 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J � 0 D 0 < J > � ` 0� - a) cc Q q > cc = a) a) a) a) — Q .` -0 a) 0 -0 a) 2 2 a) 2 2 0 70 O 0Q 0 o UIL0- F- Q F- m- 14 CI V 10 CO t■ CO 010 - C1 CI et MD Wit:: CO O 4 gi l g I g (C�kO0I0 I0 CD e- 1 - TTTTT r O>I N N M Page 10 I A 1 B I C ID E I City of Columbia Heights Four year levy plan Detail of projected levy increases Prepared 5/4/2009 Levy Year 2010 2011 2012 2013 1 Purpose for levy increase 2 Wage Increases (approved in 2007) 253,025 2013 does not use any LGA 3 Utility Maintenance Expense in the 4 New Public Safety Building 300,000 operating 5 New Gym 85,000 1 budget 6 Fund Balance used in Prior years 7 Makeup lost LGA 5 200,000 700,000 600,000 500,000 8 Total Operating Levy Increase 838,025 700,000 600,000 500,000 9 Murzyn Hail improvement levy 72,640 10 Add] Public Safety Bond (2 Million) 136,000 11 Increase in Pub Safety Bond Payment 304,500 12 TIF District Offset (304,500) 13 Total Debt Levy Increase 208,640 - - 14 Total projected levy increase 1,046,665 700,000 600,000 500,000 15 16 2010 1 2011 2012 I 2013 17 Prior Year City Levy 7,702,362 8,749,027 9,449,027 10,049,027 18 19 Total current Year levy 8,749,027 9,449,027 10,049,027 10,549,027 20 % increase for General Operations 10.88% 8.00% 6.35% 4.98% 21 % Increase for Debt 2.71% 0.00% 0.00% 0.00% 22 % Increase for Total Levy 13.59% 8.00% 6.35% 4.98% 23 24 I 2010 I 2011 1 2012 2013 25 Operating Levy 8,052,142 8,752,142 9,352,142 9,852,142 26 Debt Levy 696,886 696,886 696,886 696,886 27 Fund Balance (used) increase (689,489) (99,090) 279,516 128,356 28 % Increase for Total Levy 13.59% 8.00% 6.35% 4.98% Page 11 115 CITY COUNCIL LETTER MEETING OF: FEBRUARY 9, 2009 AGENDA SECTION: OTHER ORDINANCES ORIGINATING DEPT: CITY MANAGER AND RESOLUTIONS FINANCE APPROVAL N(): ITEM: RESOLUTION REDUCING THE BY: WILLIAM ELRITE BY: ADOPTED 2009 BUDGET IN ANTICIPATION OF LOCAL DATE: FEBRUARY 5, 2009 GOVERNMENT AID REDUCTIONS N(]: In anticipation of reductions in the amount of money the City receives in local government aid, the City Manager and staff have made advance preparations based on Governor Pawlenty's proposal to reduce the City of Columbia Heights' aid by $460,000 for the year 2009. Through significant advanced planning and reductions, staff and the City Manager are recommending to make cuts and revenue enhancements to compensate for the governor's proposed reductions in the 2009 budget. These cuts and reductions are a combination of reducing services and expenses, some |uyoffs, and all employees taking an 80-hour furlough without pay in 2009. It should be recognized that this level of reductions cannot be made without serious impairment to services provided by the City ofColunibia Heights. These reductions, as laid out in the attached resolution, should enable the City to deal with the governor's proposed aid reductions resulting in a corresponding reduction ofservices to residents. As has been discussed with the City Cnunci|, staff will continue to evaluate expenses and revenues during the preparation ofthe 2010 budget. This should allow for the adoptiori ofa 2010 budget that will deal with any further aid reductions that are made by the state legislature. It is stotFs very strong recommendation that the council seriously look at increasing other revenue sources wherever possible. There are some instances where the City could make services self-sustaining rather than reliant on taxes or state aid. An example of this would be to establish a street light utility to collect service fees to cover this expense. Another example is that currently approximately $100,000 per year is used to supplement the operation o[Murzyn Hall. Service fees should be established to cover the cost ofthis operation. The other area that needs to be clearly understood is that unlike the budget reductions of 2003 and 2004, the current reduction cannot be made without seriously reducing services. The cuts will mean having parks, streets, boulevard trees, and other public works items maintained at a much lesser level. Library hours (from 60 to 51), reference work, and other services will also be reduced. Murzyn Hall would close when it is not in use for recreation programs or by a fee-paying group. This means fee waived groups would need to be rescheduled to times when the hall is open. Other services such as abatements for weeds and unkempt properties may not be at the same level as in 2808. In addition to this, we are exploring other reductions such as using an automated attendant for phone calls and encouraging all payments that do not require a receipt to be made in the payment drop box. It is important that the City Council understand that these service reductions may result in more citizen comments and input. RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-24 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2009-24 being a resolution reducing the adopted 2009 budget in anticipation oflocal government aid reductions. wc ,m, o,nzo5/COUNCIL COUNCIL ACTION: 116 Page 12 RESOLUTION NO. 2009-24 RESOLUTION REDUCING THE ADOPTED 2009 BUDGET IN ANTICIPATION OF LOCAL GOVERNMENT AID REDUCTIONS WHEREAS, the City ofColumbia Heights is anticipating a reduction in excess of $460,000 in the amount of state aid the City will receive in 2009; and WHEREAS, the City of Columbia Heights is anticipating a reduction in excess of $960,000 in the amount of state aid the City will receive in 2010; and WHEREAS, the City Manager has utilized advanced planning and preparation for these reductions; and WHEREAS, it is the overall goal to balance the City budget for 2009; and WHEREAS, the City Council recognizes that this budget reduction will have a significant impact on services provided to residents: NOW, THEREFORE, BE IT RESOLVED that the following budget reductions be made to the 2009 property tax supported budgets. Adopted Fund 2009 Budget Proposed Cuts General Fund 9.703.340 516.055 Library Fund 783.847 92,377 Community Development Fund 625.309 50.568 Estimated Furlough Expense 268.000 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to develop a long- range budgctp|un{oinc!ude(horeduuiiono[scrvicesmndcxpcnyes.dhe generation ofnew revenue, and a projection of property tax increases needed to offset the loss of local government aid. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager instruct staff to explore all areas where City revenue and fees can be increased to offset the cost of providing services and present recommendations to the City Council for evaluation. Passed this day of ,2009 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, City , u� Page 13 117 2009 Standard and Poor's Bond Rating 118 Summary: ' c - I Col urnbi iuhts 7 v t - Obholtion US$4.645 mil GO pub facs & taxable GO tax increment bnds ser 200 9A.&B dtd 07/1'7/2009 due 07701/2038 Laqc. 'ISM; ,R3r1".rig New • Rationale The 'AA long-term raring assigned rci Columbia Heights, Nlinn.'s series 2009A general obligation ((0) public facilities bonds and series 2009P taxable GO tax increment bonds reflects the following credit qualities, in Standard &Poor's Raring Services' opinion: • Very close proximity to Minneapolis-Sr. Paul with strong participation in the metropolitan economic base, including access to ample employment opportunities:. * Income and 'wealth indicators ranging from adequate to very strong; • Healthy finances as demonstrared by a very strong hind balance and • G4:■04.1 ti iiial management planning and procedures, which have sustained the city's good financial standing and provide further stability; and The city's full GO ad valorem pledge secures both series or bonds. Proceeds from the 2009A series will finance a variety of protects, including a new public safety center, street and water infrastructure improvements, and renovations ro a community building. The 2009R bonds will fund the acquisition of structures within a raX increment district. Columbia Hetghts is located his four miles, outside l‘linneapolis to Atioka County ,"AA.,AIStable:... A fully developed, inner ring suburb, the city has Mal retained a fairly stable population over the past decade, :sliding 2% since 2000 to reach 1 currently, Residents- are in close proximity to a wide variety of industries within the metropolitan area and a high-speed commuter rail station set ro open in the tall will further improve access. Income levels in the city are adequate-to-good in our view, with a median household and per capita effective buying income ar 87% and 95% ot national levels. Recall se the city is mostly bitilt-our, tax base growth has orurre pritnarily through resident jai tear-downs and fill-in development. Such improvements resulted m steady net tax capacity growth through 2008. In 2009, the city felt the impact of overall softening in the housing marker, and net tax capacity slipped I% Co $15.66 billion. Indicated marker value, a measure of true property value, remains very strong on a per capita basis in our opinion, however, at $86,700, Dne to the citys good platining and management pr C rice's, the finances have been htstorically strong. At fiscal year-end 2007 (Dec. 31). the general fund balance held $3.9 million in unreserved funds. At 47% of expenditures, %Ye view this level as very strong. Unaudited results for 2008 show a $229,000 reduction in these reserves, winds an be linked direcdy to a year-end unallottment of local government aid (LGA) from the state of $$28,000. In fiscal Standard & P001}s RatingsDirect ..lune8, 2009 Page 15 Standard & Foor JI right:, re3er'.ed. No reprint or diz.zerni ration without .E.:&1* pgrrniz:ion. See 'Ifni Liz,e1E.ixbirner on th; bit pary,'. Summary: Columbia , '12I /1 'sot.2 Gcne'rat Ul ?I g,lf!on 2009, officials are preparing for a severe loss of programs, and have accordingly sharply cur expenditures by . 4011,000 (nearly 10? of the budget). The city has reduced prgrams, felt p. :,. r t open through artr'itio11, and requested employees take a furlough. As a result, management- e_'ipecrs an opera ring surplus or, ar woIst, a break-even year, depending oii the level of LGA reduction. The ,irv's financial forecast includes a use irf fund balance in 010 and 2011 as rhe city reduces its dept l]deuce on Sate aid. Columbia Heighr's management practices are considered good' under Standard Poor's Financial Management Assessment ii,FNL ). An FI■Lk of good rd indicates that pracriCes exist in most areas, although nor all may be formalized or Iegularly lnoniroced by governance officials. The city engages in extensive planning, including a long-term financial plan through 2013 as well as a derailed five- year :apiral improvement plan. Both documents are updated annually and aid in budget planning. The city council maintains a p:rlicy CO keep a minimum 45 of rhe proceeding year's expendirures in reserves. � Ill our opinion, the city's city's overall. debt- burden is nl�:iderare at $2,8 50 per capita and 3.3% :. � i.t the total market value. Roughly half of rile city's debt is supporred by revenues, special assessments, or tax iilcrenlenr.s, which reduces rhe rax levy requirements on the overall tax base. The portion of operating expenditures devoted ri i debt service CC,.srs was high at 2 . %`a 111 2007, in our view. A11. rrrizarli.n is average; 49% i rt r11e city's dire. r debr is due r.) mature within 10 years and 91% w,vithiii 20 years. The city has no additional plans to issue debr. Ott do o The srable our1i N lk. reflecrs Standard .. Poi rY s expectation oil that management will corlrinue to engage in extensive planning in order to respond to o pi rtential revenue decreases related to slipping net rax cap.icir} and red 14 trans in stare aid. We expect the city 0:0 maintain irs long -rerni focus on inainraining at least a good reserve level. The city's close proximity to Minneapolis and irs participatiii11 in rhe metropolitan economic base provide further srabihry to rhe r�atiilg. elated c't.,tr.h iisPF c:`rireri a: "G( :) Debr," Oct. 1? ?0i06 Complete ratings iritormaric 1..: available r r RatillgsDirect subscribers at \i' vv. rarlllgsdirecr.coi11. All raru]gs affected by this rating aitii : all be found i on Standard & . P: i pr's public Web site ar \ .:Stair {ardallal o! rrs.c X111' under Ravings in rhe lefr navigation bar, .select Find a Raring. www. standardanlpours .caur!ratinJnrlirect Page 16 Standard & Foor'¢. JI ri I tc re :er:sd. rJo reprint or di: I r, 1ior without _'1.F': p?rrnision. See 19.0 11 U :e Gi :rnirner on 111_ Is 1 ps¢_. Budget '8QD/��r^���I'0D�NA�fQ ---- — Comparison - ----, Projection 2008 ---- 122 I A B I C | D E 1 F 1 G 1 H City ofColumbia Heights, Minnesota Budget Comparison & Projection 2008'2011 General & Library Budgets and EDA Levy 2008 Budget General & Library Fund & Plus Pay 2010 2011 2011 2011 Prop Personal EDA Levy Fund Increase Adopted Budget CM Proposed Budget Thru 2010 Budget Plan Budget Amount Percent 1 Mayor-Council 41110 190.778 145.767 147,225 144.267 90,461 63% 2 City Manager 41320 422.202 414.148 418,289 412,243 385.115 9396 3 City Clerk 41410 52.000 177,213 178.985 72.867 00.862 83% 4 Finance 41510 094.978 714.000 721.746 721.700 651.400 90Y6 5, Assessing 41550 106.415 121.940 123,159 128.021 4,881 4% 6 Legal Services 41610 180.500 186.710 188.583 106.710 0 0Y6 7 Fire 42200 1.227.885 1,128,122 1.138.403 1,144,685 927,564 81% 8 Property Inspections 42800 188.265 180.148 184.866 170.898 96% 9 Police 42100 3.317.120 ^ 3,495,745 3.530.702 3.016.965 3.262.516 9096 10 Gen Gov Bldgs. 41840 159,212 159.212 180.804 160.804 7.596 5% 11 Emergency Management 42500 23.126 O O O 0 12 Animal Control 42700 1547O 1O2�3 16,426 16,263 0 O�6 . . . . 13 Weed Control 43200' 22.27O! 0 0 0 0 14 Recognition/Special Events 45050 41,700 37.305 37.078 37. 678 0 O96 15 Contingencies 49200 100.810 50.000 50.500 50.000 0 0Y6 16 Transfers 49300 185.000 185.000 188.850 195.000 O 096 17 Engineering 43100 339,357 336,590 339,956 340.870 279,954 82% 18 Streets 43121 787.880 791.768 789.086 801,765 433.648 54% 19 Street Lighting 48160 151,544 i 150.817 ' 152.325 159.343 5,906 4% 20 Traffic Signs & Signals 43170 84.824 83,735 84,572 78.501 52.393 67Y6 21 Parks 45200 764.977 773.239 780.971 774,258 462.941 60% 22 Tree Trimming 46102 133.214 125.660 120.917 129.081 71,557 55% 23 RemeahonAdmin. 45000 107.780 178.204 179.986 180.355 156.503 87Y6 24 Youth Athletics 45001 34,845 34,992 35,342 34,955 22.429 64% 25 Adult Athletics 45003 30,152 25,732 25.889 25.761 12,580 49% 26 CHASE II/Youth Enrichm 45004 62 487 61,107 01.718 58.S35 34.O42 59% { / 27 Trave|/#h|ebcs/CMASBU 45005 32,227 30,689 30.996 32,974 17,812 54% 28 Trips &Outings 45030 58.344 55.744 56.301 55.959 18.892 33% 29 Senior Citizens 45040 O553S 85458 80313 05428 02073 73�� ' ' ' ' ' 30 Murzyn Hall 45129 229.136 239.792 \ 242.190 244.137 155.616 64Y6 81 , Gym Fund 45130 32% 126.250 126.250 40.040 3�� U 32 Library Total 45500 772,743 � 772,743 780.470 790.47 549,691 7096 33 EDALavy 78.622 83.971 84.811 84,811 84,811 100Y6 34 Sub Total 10,569,762 10.975.537 11.085.292 11.075.598 8,028,782 72% -- 36 Ohgnina(2U0S four-year budget plan 37 Maint & Utilities new GYM 85.000 The starting point for the 2010 budget was 38 K8aint&Ud| new Pub Safety 300.000 the 2008 budget plus Couricil approved pay 39 Total Expense Projection . 10,954,762 —increases and utilities on the new buildings ' - - 41 Revenue &ExpProjections 2010 2011 2012 2013 42 Operating Levy 8.052.142 8,752,142 9,352,142 9,852,142 43 LGA 425,338 425,338 425,338 0 44 Other Revenue 1,793,142 1.793.142 1,793,142 1.793.142 45 Total Revenue 10.270.022 10.970.822 11.570.622 11.645.284 46 Expense 10.954.762 11.084.310 11.285.586 11,511,308 47 Fund Bal (Used) Increase (684,140) (93,688) 285,026 133,976 48 Exp Increase for Inflation 49 Percent 0.0% 1.0% 2.0Y4 2.0% 50 Amount 0 109.548 221.286 225,712 Page 17 123 Police Department Summary of Cost Factors for 2011 Budget 124 BUDGET 2011 FUND NUMBER 2011 POLICE BUDGET 101-42100 SUMMARY OF COST FACTORS FOR THE COMING YEAR Explanation of Personnel 2010 Adopted 2011 Proposed Total Total F.T.E Total Total Comp Total Total Comp Position Title 2010 2011 Salaries Fringe & Fringe Salaries Fringe & Fringe Chief ofPolice 1.00 1.00 100.846 29,947 138.793 108.840 30.372 139.218 Captain 1.00 1.00 85.907 25,440 111.347 85.807 25,773 111.680 Sergeants 8.00 4.00 261,432 75.055 386,487 347.755 101.907 449.722 Corporals 2.00 2.00 155.889 45.835 201.724 155.838 46.432 202.270 Police Officers 18.00 18.00 1.359.938 408.395 1.763.333 1,372,126 408.710 1.780.036 Middle Sch Liaison (grant) 1.00 0.00 68.304 19.072 82.876 27th Off-fed grant 1.00 1.00 54.373 18.887 73.780 01.130 10.889 80.013 28th Off-AIt School Liaison 0.00 1.00 0 57,774 18.230 76.004 Office Supervisor 1.00 1.00 56.308 17.593 73.908 51.617 17.013 68.630 lnformation Systems Spec 0.00 1.00 0 45.485 16.051 61,536 Records Technicians 2.00 2.00 88.221 27.060 118.281 85.768 29.260 115.028 Chief's Secretary 1.00 0.00 48.184 16.043 62.227 Clerk Typist 1.00 1.00 40.032 15.034 55.126 42.918 15.654 58.572 Comm Svc Officer 1.00 1.00 11.623 16.578 50.207 41 16.718 58.348 PT Comm Svc Officer 0.85 0.85 50.900 5.580 35.588 80.800 5.790 38.690 Inv/Liaison/Corp pay 14,592 2.810 17.408 14.592 2.873 17,465 POP Overtime 5.000 966 5.965 5.000 985 5.885 Insurance Schlemmer 6.900 6,900 6,900 6.300 Insurance Schmidt 8.940 8.340 8.840 8.940 Police Community Pgms 4.02* 776 4.800 4.064 800 4.854 lnterdept Labor Rec 6.881 1.276 8,157 Furlough '19.621 '3.866 '23.487 Line Item Rounding 3 O 3 Subtotal `.�/` 34.85 2.414.580 730]589 3,151,169 ^.�2.498.612 708J58 3.267.380 to Police Comm Pgms (4.024) ( (4.880) (4.064) (800) (4.86 Total ;�`�-''���!��� . � .��'��`�'�3n.n5 34.85 241 3,146,369 767.968 3,262,516 Page 18 125 BUDGET 2011 FUND NUMBER 2011 POLICE BUDGET 101 -42100 SUMMARY OF COST FACTORS FOR THE COMING YEAR Category Description Amount Percent 1 Total Personnel Expenses 3,262,516 90.20% 2 Items required by Statue, Union Contract or essential to operate the Dept. 302,219 8.36% 3 Items not required by Statue or Contract, but essential to running a successful Dept. 27,710 0.77% 4 Essential general supply and maintenance items 24,520 0.68% Total Non - Personel Expenses: 354,449 9.80% Department Total 3,616,965 100.00% Category Description Category Description 2 Training ammo, mace & taser cartridges: 6,800 3 Building maintenance: 5,000 2 New /replacement uniforms - officers: 14,600 3 Car wash contract: 2,160 2 New /replacement uniforms- civilians: 500 3 Cellular telephones: 6,500 2 New /replacement vests: 5,280 3 Civilian training course fees: 800 2 Vehicle Repair /Parts: 18,800 3 Legal notice publishing for auction: 150 2 Gas, oil and lubricants: 58,900 3 Misc Mtnc Services: 7,000 2 Ammo & taser cartridges: 3,000 3 Mtnc - office equipment &pgms: 4,000 2 Rubber gloves & anti - bacterial wipes: 700 3 Range and miscellaneous rentals: 2,000 2 Evidence & Intox supplies & drug kits: 2,000 3 Tobacco compliance purchases: 100 2 Range & Training Room supplies: 1,500 4 Batteries, keys, misc supplies: 2,120 2 Fingerprinting & misc office & squad supplies: 1,500 4 Food Supplies for mtgs: 1,000 2 Shared costs for Central Records: 15,100 4 Forms, business cards: 3,000 2 Detox transports: 950 4 Janitor supplies (Mats &mops): 1,000 2 Pawn shop query fees: 290 4 Local travel expense: 900 2 Law Enf Driving course: 4,200 4 Misc small equipment: 4,500 2 Police training course fees: 4,700 4 Out of town travel expense: 3,000 2 Intoxilyzer recertification: 300 4 Paper, pens, notebooks, envelopes, folders: 3,500 2 Central telephone service: 4,950 4 Possible hiring /testing fees: 1,500 2 Wireless Internet Access svc: 4,200 4 Printer & fax toner, flash drives, disks: 2,000 2 MDT Access fee: 3,300 4 Property Damage: 500 2 Postage: central mailings: 1,900 4 Replacement computers & printers: 0 2 Postage: specialized mailings: 100 4 Subscriptions and memberships: 1,500 2 Liability and Property Insurance: 66,018 2 CJDN quarterly charges: 3,000 2 Radio Service contract w /Anoka Co: 3,000 2 Garage, labor charges: 32,000 2 Metro Em Svcs Bd User fees for 800 mhz radi 1,500 2 Vehicle repair: 4,000 2 Garage space allocation: 631 2 DTF shared cost: 5,500 2 POST and vehicle licenses: 5,400 2 Electric: 24,000 2 Water: 600 2 Gas: 1,000 2 Sewer: 2,000 Page 19 126 Blank Page 127 Proposed Resolution Adopting Proposed Budget and Proposed Levy for 2011 128 RESOLUTION 2010 - RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2011, 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 2011. 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 2011 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 10,200,317 Community Development Fund 263,823 Economic Development Fund 389,251 State Aid 157,545 Cable Television 129,442 Library 790,470 DARE Project 20,000 Infrastructure 233,297 Capital Improvement 922,897 Capital Equipment Replacement Funds 443,393 Construction Funds 1,129,500 Central Garage Fund 688,509 Liquor Operating 8,715,880 Liquor Capital /Non- Operating 688,955 Water Utility Fund 2,611,909 Sewer Utility Fund 1,845,696 Refuse Fund 1,568,787 Storm Sewer Fund 359,879 Data Processing 348,772 Debt Service Fund 2,625,900 Total Expense Including Interfund Transfers 34,134,222 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 2011: Revenue General Fund 10,200,317 Community Development Fund 263,823 Economic Development Fund 389,251 State Aid 157,545 Cable Television 129,442 Library 790,470 DARE Project 20,000 Infrastructure 233,297 Capital Improvements 922,897 Capital Equipment Replacement Funds 443,393 Construction Funds 1,129,500 Central Garage Fund 688,509 Liquor Operating 8,715,880 Liquor Capital /Non- Operating 688,955 Water Utility Fund 2,611,909 Sewer Utility Fund 1,845,696 Refuse Fund 1,568,787 Storm Sewer Fund 359,879 Data Processing 348,772 Debt Service Fund 2,625,900 Total Revenue Including Interfund Transfers 34,134,222 129 Page 20 RESOLUTION 2010- RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2011, 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 2011. Section C. The following sums of money are levied for the current year, collectable in 2011, upon the taxable property in said City of Columbia Haights, for the foliowing purposes: Estimated General Fund Levy 7.900.711 Estimated Library Levy 757,620 Estimated EDA Fund Levy 84,811 Total 8,752,142 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2011 in the amount of $262,556. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HE|GHTS, MINNESOTA: That the public budget hearing is scheduled for December 13, 2010 at approximately 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNC1L OF THE CITY OF COLUMBIA HE|GHTD, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2011 that is higher than the tax rate calculated for the City for taxes levied in 2009, collectable in 2010. BE IT FURTHER RESOLVED : That the City has adequate fund balances and reserves to pay 2011 Bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $43,800 and General Obligation Bond Series 2004A in the amount of $229,651, and that the County Auditor is authorized to cancel these Bond Levies for taxes payable in 2011. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk Page 21 130 Blank Page 131 Alternate Proposed Resolution 132 Alternative RESOLUTION 2010- RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2011, 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 2011. 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 2011 is hereby approved and adopted with appropriations for each of the funds Iisted below. Expense General Fund 10.200.317 Community Development Fund 263,823 Economic Development Fund 389.251 State Aid 157,545 Cable Television 129.442 Library 790.478 DARE Project 20.000 Infrastructure 233.297 Capital Improvement 922.897 Capital Equipment Replacement Funds 443.393 Construction Funds 1.129.500 Central Garage Fund 688.509 Liquor Operating 8.715.880 Liquor Capital/Non-Operating 688.955 Water Utility Fund 2.611.909 Sewer Utility Fund 1.845.690 Refuse Fund 1,568,787 Storm Sewer Fund 359.879 Data Processing 348,772 Debt Service Fund 2.625.800 Total Expense Pncluding Interfund Transfers 34,134,222 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 2011: Revenue General Fund 10.200.317 Community Development Fund 263.823 Economic Deveopment Fund 388.251 State Aid 157,545 Cable Television 129.442 Library 790.470 DARE Project . 000 Infrastructure 233.207 Capital Improvements 922.887 Capital Equipment Replacement Funds 443.393 Construction Funds 1.129.500 Central Garage Fund 688.509 Liquor Operating 8.715.880 LiquorCapita|/Nun'Openadng 688.955 Water Utility Fund 2.611.909 Sewer Utility Fund 1.845.896 Refuse Fund 1,568,787 Storm Sewer Fund 359.879 Data Processing 348.772 Debt Service Fund 2.825.900 Total Revenue Including Interfund Transfers 34,134,222 133 Page 22 Alternative RESOLUTION 2010- RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2011, 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 2011, Section C. The following sums of money are levied for the current year, collectable in 2011, upon the taxable property in said City of Columbia Heighta, for the following purposes: Estimated General Fund Levy 7.909.711 Estimated Library Levy 757.820 Estimated EDA Fund Levy 84,811 Total 8.752.142 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the flscal year 2011 in the amount of $262,556. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HE|GHTS, MINNESOTA: That the public budget hearing is scheduled for December 13, 2010 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 2011 that is higher than the tax rate calculated for the City for taxes levied in 2009, collectable in 2010. BE IT FURTHER RESOLVED : That the City has adequate fund balances and reserves to pay 2011 Bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $43,800 and General Obligation Bond Series 2OO4Ain the amount of$22Q.G51. and that the County Auditor 5 authorized to cancel these Bond Levies for taxes payable in 2011 BE IT FURTHER RESOLVED : That the City Council desires to reduce the property tax levy by using fund balance and state aids to further reduce the debt levy in the amount of $ BE IT FURTHER RESOLVED : That the City has adequate fund batances and reserves to pay $ of the $664.080 Borid principa! and interest payments levy on Pub!ic Safety Building, General Obligation Bond Series 2008B. leaving a balance of $ to be Ievied. The City Clerk is hereby nstructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk Page 23 134 PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE SEPTEMBER 13, 2010 MEETING. REMOVE - Resolution Number 2010-73 MOTION: Move to adopt being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental Katherine Crosby1162-64 Cheery license held by regarding rental property at Lane N.E.