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HomeMy WebLinkAbout09/12/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, SEPTEMBER 12, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 12, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Church of All Nations - Pastor Mauro Souza Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Tardy: Council member Williams (arrived at 9:29) PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Peterson indicated the date correction on Ordinance 1603 as the second reading will be on September 26, 2011. Peterson stated that Schmitt will report on the Clean Water Summit she attended. Nawrocki requested to add discussion to seek legal and financial advisor bids, the newsletter, and the Manager's performance review. Peterson stated these will be added to new business. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction - Tori Leonhardt - Accounting Clerk II — Utilities Finance Director Joe Kloiber introduced Tori Leonhardt. Leonhardt thanked the Council for this opportunity and described her work background. B. Proclamation - Falldin Post #555 65th Anniversary Peterson read the Proclamation. John Hunter introduced the Post Commander Bob Soderquist, Roger Strom, and Dale Stacey. Soderquist invited everyone to the event. Hunter came forward to accept the proclamation and gave the service background of the members present. C. Proclamation - Remembrance Sept. 11 Diehm read the Proclamation. Peterson also indicated that Friday is designated as Patriot's Day. A ceremony will be held in Spring Lake Park. D. Proclamation - Constitution Week September 17 — 23, 2011 Nawrocki read the Proclamation. It was presented to Ann Essling of the Daughters of the American Revolution. E. Proclamation - Domestic Violence Schmitt read the Proclamation. F. Proclamation - Financial Planning — October 3 — 11, 2011 Peterson read the Proclamation and presented it to President Elect Mike Miller of the MN Financial Planning Association. He thanked everyone for this recognition. City Council Minutes Monday, September 12, 2011 Page 2 of 11 Schmitt stated she attended the local leader's portion of the Clean Water Summit 2011 at the Arboretum. She indicated that she worked many years with the County Extension Office and was excited that they worked with this group. She was honored to accept the Columbia Heights Tree City Award for our 19 consecutive year. One topic was the importance of trees to storm water issues. Peterson stated that Dolores Strand and Pat Sowada are now in Lomianki, Poland for the annual American Flyers ceremony. Peterson indicated his pride that our City Manager, Walt Fehst, has been asked to do a presentation at the Annual National Manager's Conference in Wisconsin. CONSENT AGENDA Nawrocki requested to remove items C, D, and E for discussion. City Manager Walt Fehst took Council members though the Consent Agenda items: A. Approve minutes of the August 22, 2011 City Council meeting. Motion to approve the minutes of the August 22, 2011 City Council meeting. B. Approve Transfer of Funds from General Fund to Police Dept Budget re Grant Reimbursement and Overtime Details Motion to transfer the following: $7,1 61.49, the amount received as reimbursement under the JAG grant; $3,500.00, the amount received from District 13 for traffic enforcement at the Summer Academy; $2,405.00, the amount received for overtime details at Unique Thrift; $346.88, the amount received for a security detail at Heights Theater; and $75.00, the amount received from Global Academy for a security detail at their 5K event from the General Fund to the Police Department 2011 Budget, Overtime line item. C. First Reading of Ordinance No. 1603, being an Ordinance Amending Chapter 6, Section 56 of the City Charter Pertaining to Purchases and Contracts - removed D. Adopt Resolution 2011 -92 being a Resolution ordering preparation of a report for the Zone 7 street rehabilitation program, City project 1202 - removed E. Adopt Resolution 2011 -93 being a Resolution ordering preparation of a report for the Zone 6 street seal coat program, City project 1201 - removed F. Authorization to purchase an LED sign for City Hall - table to September 26, 2010 City Council meeting. Motion to table authorization for the purchase of one LED sign to the September 26th City Council meeting. G. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for September 12, 2011 in that they have met the requirements of the Property Maintenance Code. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 12, 2011 as presented. I. Review payment of the bills. Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140167 through 140514 in the amount of $1,068,131.19. City Council Minutes Monday, September 12, 2011 Page 3 of 11 Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of C, D, and E. Upon vote: All ayes. Motion carried. C. First Reading of Ordinance No. 1603, being an Ordinance Amending Chapter 6, Section 56 of the City Charter Pertaining to Purchases and Contracts Diehm stated that previously the Charter Commission forwarded a recommended change to add the $15,000 spending limit, which was not approved by Council. This language would remove the $3,000 spending limit number, as it is outdated. Nawrocki indicated he would vote against it and likes the comparison listed. Diehm stated that the voters overturned that wording to allow the Council to make the decision. Motion by Diehm, second by Schmitt, to waive the reading of Ordinance No. 1603, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Diehm, to schedule the second reading of Ordinance No. 1603, being an ordinance amending Chapter 6, Section 56, of the Charter of the City of Columbia Heights for September 26, 2011, at approximately 7 p.m. in the City Hall Council Chambers. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2011 -92 being a Resolution ordering preparation of a report for the Zone 7 street rehabilitation program, City project 1202 Kevin Hanson, Public Works Director, indicated this resolution directs staff to prepare a feasibility report for Zone 7 Street Rehabilitation. This area is south of 40 Avenue between Central and University and west of University from 37 to 35 Avenues. It will look at the type of road treatment necessary. Nawrocki questioned if this would be assessed. Hansen stated that would be determined at a future meeting. The city has used assessments for partial funding. Nawrocki stated that Jefferson and Main Street are state -aid streets and would not be included. Schmitt questioned the multi -city bidding program. Hansen stated that is only for the seal coating program. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -92, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -92, being a resolution ordering preparation of a report for the Zone 7 Street Rehabilitation Program, City Project 1202. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2011 -93 being a Resolution ordering preparation of a report for the Zone 6 street seal coat program, City project 1201 Hansen stated this traditionally follows the street reconstruction. Zone 6 is 40 to 44 Avenues between Central and University. This is through the multi -city bidding program. He referred to the map in the Council packet. Nawrocki indicated that there would be a hearing before the work is authorized. Motion by Schmitt, second by Diehm, to waive the reading of Resolution 2011 -93, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to adopt Resolution 2011 -93, being a Resolution ordering preparation of a report for the Zone 6 Street Seal Coat Program, City Project 1201. Upon vote: All ayes. Motion carried. City Council Minutes Monday, September 12, 2011 Page 4 of 11 PUBLIC HEARINGS A. Ado • t Resolution 2011 -91 581 49th Avenue N.E. bein • a declaration of nuisance and abatement of violations within the City of Columbia Heights Fire Chief Gorman indicated this abatement has been a several month process of dirt being removed from under the house and then spread in the yard. The owner has ordered sod, but must wait two weeks for it to arrive. The owner is cooperating, but the request is to continue with the resolution in case progress does not continue. Diehm asked if there was a permit pulled for the excavation. Gorman stated yes. He has completed other construction on the site and is working very cooperatively with our department. Schmitt questioned how long this has been going on. Fehst stated it has been three years, with a lot of sweat equity. They have been less than open to suggestions from the Building Official. Nawrocki stated that the address listed on cable is incorrect. Motion by Nawrocki, second by Schmitt, to close the public hearing and to waive the reading of Resolution Number 2011 -91 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to adopt Resolution Number 2011 -91 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2011 -95 being a resolution adopting a proposed budget for the year 2012, setting the proposed City levy, approving the HRA levy, and establishing a budget hearing date for property taxes payable in 2012. Peterson stated we would like to have Council member Williams here for this discussion and moved on to the next item. B. Bid Considerations Adopt Resolution 2011 -94 being a Resolution accepting bids and awarding the contract for 2011 Sanitary Sewer Lining, city project 1104 Hansen stated this is part of our annual sanitary sewer lining project to address deficiencies in our sanitary sewer pipe system and to eliminate inflow and infiltration (I &I). We bid two alternates; one is to line the connection points and the other is the emergency repair on 40 Avenue at Main Street. This line is in significantly bad shape. When staff estimated the work, it was less than the current rate of $30 per foot. There are two scenarios: we would consume the 2011 budget amount and include the 2012 budget or reject the bids. The normal bid is $150,000, but with the alternates it is more than that. Rebidding is not recommended, as similar projects are being bid at this same amount. It is a priority to reline the pipes between University and Main Street. Nawrocki asked if there is a lot more lining to be done in the city. Hansen referred to the I &I payments to the Met Council. This would work toward our requirement. There are a lot of old clay tile pipes that we are trying to correct. Nawrocki stated that we were paying an $85,000 penalty. When do we catch up and not have to pay this fine and will we get credit for this year. Hansen stated we would catch up at the end of 2012 and would receive credit for this year. Nawrocki questioned if the Metro Council program would be extended. Hansen stated it was already extended one year for us to complete the program. The Met Council will look at the result of the corrections taken in peak seasons. Over the last ten years we have focused on the worst areas of the city. Televising logs will show what needs to be done in 2013. Nawrocki questioned the heavy rain issues in the Jackson Pond City Council Minutes Monday, September 12, 2011 Page 5 of 11 area. Hansen stated that area was lined in 2003. We are also focused on the replacement and lining of man holes. Schmitt questioned the pipe issues on 40 Avenue. Hansen stated the break was a 40 foot section that required a 60 foot replacement. We need to do this additional work to prevent a further collapse. Schmitt asked if this can be done before winter. Hansen stated yes. Motion by Nawrocki , second by Schmitt, to amend the 2011 budget to include the proposed 2012 budget for Public Works sanitary sewer construction of $125,000 for sanitary sewer lining and $25,000 for III reduction. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to waive the reading of Resolution 2011 -94, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to adopt Resolution 2011 -94, being a resolution accepting bids and awarding the contract for 2011 Sanitary Sewer Lining, City Project No. 1104 including Alternate 1 and Alternate 2 to Insituform Technologies USA, Inc., of Chesterfield, Missouri based upon their low, qualified, responsible bid in the amount of $296,606.40 with funds to be appropriated from Fund 652-51104-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. C. New Business and Reports Fehst stated that the Council consensus at the work session was to reject seeking legal bids at this time. Nawrocki indicated that action cannot be taken at a work session. City Attorney Jim Hoeft indicated that the meetings are properly noticed and action can be taken. It has been past practice to not do so. Motion by Nawrocki to seek legal bids for the city. Nawrocki stated that our contract is 15 years old. He referred to the survey completed and the differences due to contingencies. Diehm stated that the attorney to the city that pays less does not attend both Council meetings. Schmitt stated this was discussed at the work session, with the Finance Director indicating the audit services be would reviewed next year. Fehst indicated that if Council was dissatisfied with the legal service we receive, he would agree. We are getting one of the best prices and we are getting the best service. Nawrocki indicated that the City of Fridley has some lower hourly rates and they have a larger area. Nawrocki indicated that maybe we should not require the attorney to attend Council meetings. Schmitt indicated that it is too late in the budget cycle to go out for bids this year and next year it should be reviewed earlier. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Nawrocki to go out for financial service bids. Peterson indicated the need to keep a continuity this year considering that we have a new finance director. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki indicated displeasure with coverage of the budget in the fall city newsletter and requested to see the proposed winter article before it us published. City Council Minutes Monday, September 12, 2011 Page 6 of 11 Schmitt stated that the budget will be posted on the internet. Fehst stated that after the approval it will also be available at the library. Peterson indicated that regarding the City Manager's review, he has only received a written response from Council member Schmitt and his own response. Schmitt questioned the process. Fehst stated that it would be of limited utility. He has been in the business 40 years. He referred to his difference in opinions with Council member Nawrocki and even offered to take any Council member to lunch and pay for it to hear negative or good comments on his performance. Diehm indicated that she has filled out her foim and agreed thata personal meeting to discuss concerns and praises would be best. Fehst stated his belief in daily reviews and discussion with employees as topics arise. Reviews based on actual items are the most productive. Schmitt stated she would prefer a one -on -one session, like is done in the regular business world. Nawrocki stated that this should be done as a group. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that Nawrocki, Schmitt, and Asst. Community Development Director Sheila Cartney attended the local business meeting and he highlighted discussion items. Nawrocki referred to trash around transit benches. Some have trash receptacles and some do not. The benches are getting bad. Examples are the NW corner of 40 and Central and 47 and Central. Fehst stated that people have torn them apart for the aluminum. Peterson stated that he saw shelter work being completed today. Report of the City Attorney — nothing to report CITIZENS FORUM Peterson again gave the dates for the Falldin anniversary program on Sept. 24 and Patriots Day on September 16. He also indicated that on September 16 he will spend the night on the Top Valu liquor store roof to raise funds and awareness for the Lee Carlson Center for Mental Wellness. They serve about 300 people in Columbia Heights. Senator Barb Goodwin will also join him on the roof. Peterson returned to discussion of the proposed budget levy. Diehm indicated that this is our preliminary levy number. We can reduce the amount, but will not be able to go higher than this amount. Following this, budget hearing meetings will begin with department heads. Fehst reviewed the adopted four year plan that was amended to a five year plan to reduce our dependency on Local Government Aid (LGA). Our financial rating has increased by two points. This will be the third year of the plan with a recommended 3.98 percent increase. In 2010 we had a zero percent increase, in 2011 we had a one percent increase, and 2012 allowed a two percent increase. We are under two percent over all. Employees did not receive an increase in 2011 and have also taken furloughs. Fehst stated that he has taken a month without pay this year and will probably do so next year. We will receive $875,000 in LGA; however, the market value homestead credit was eliminated completely. Fehst stated that the comment "because of this there will be a tax increase" is not correct. With the shuffle of rates, we believe this will favor the lower valued homes. Joe Kloiber, Finance Director, referred to points made in the City Manager's budget message, indicating that the 3.98 percent levy increase is part of the five year plan, with the level of services approximately the same. With the loss of the market value homestead credit, the budget will require the use of $220,000 more in reserve funds. Despite using additional fund balance monies, we are still projected to be within the City Council Minutes Monday, September 12, 2011 Page 7 of 11 State Auditor's guideline of working capital, through the end of 2013. Nawrocki gave the 2008 statistic increases and referred to the debt service owed. He referred to the possibility of new debt with the Library Board requesting a study for a new library and a new city hall. Diehm clarify the issue indicating they considered a resolution to request the appointment of a citizen task force to talk about the possibility of a new library. That would not require spending money. It would be a request for Council support to look at this. Nawrocki stated that it included a new city hall, which we do not need. Diehm stated that this would be for a group of citizens to discuss. Diehm indicated that Council member Nawrocki obtained this information as a member of the Friends of the Library. It has not been presented to this body. Nawrocki indicated that the financial detail of this book does not equal last year's book. It does not include the use of $416,000 in fund balance and does not talk about the County levy of over $200,000 a year. The average home owner will have a tax increase, due to the loss of market value homestead credit (MVHC). Fehst stated that we will not tax to recoup that amount, as other cities will do. The loss of market value homestead credit and local government aid was discussed. Nawrocki stated that we need to cut our budget, as homeowners have had to do. Nawrocki stated that this is a staff budget, not a council budget. We need more time to discuss the budget than two meetings. The budget levy does not include the previous debt service amounts certified to the County. Nawrocki questioned the amount of existing reserves. Nawrocki stated that in these tough times, one out of every eight homes in our community has or is facing foreclosure. He requested the proposed levy be zero. Fehst referred to the audit report. Some years we have decreased the fund balance by as much as $904,000 and some years it has increased. He referred to the cost to maintain a police department, the reductions in state aid, and the reduction in personnel. We do have services to provide. Nawrocki indicated his belief that we could eliminate the Community Development Director and not fill the IS position. Nawrocki requested to know the MOE levy required by State Statute for the library. Schmitt stated that the proposed budget levy is a 3.98% increase over last year and asked what portion of the increase is due to personnel costs. Kloiber stated that the expenditure tax increase is two percent. We could calculate the portion contributed to personnel. Diehm indicated that it is a significant amount. Fehst stated that 47 or 48 percent of the budget is personnel costs in the police and fire departments. Substantial changes would only incur by reducing personnel. Kloiber stated that the 3.98 percent is the increase of the proposed 2012 levy compared to the 2011 levy. The two percent increase is the increase of the proposed expenditures compared to 2011. The two percent is not half of the 3.89 percent. Kloiber indicated that the levy is only a portion of the revenue that funds expenditures. Schmitt stated that the police have not yet signed a contract. Fehst stated they are having meetings and leaning toward going forward with their contract, which includes a zero increase for this year and one percent for next year, but they have not yet voted. Nawrocki explained bonded indebtedness and the use of reserve funds. He questioned when we will run out of reserve funds to pay that debt. Kloiber indicated that some of the debt is always intended to have other sources of funding. It is planned and designed to collect funds over the life of the bond. We are required to certify the levy amount at 105 percent for the bond. Any year you do not cancel the debt you collect more than is needed and so there will always be some reserves. It was designed as part of the five year plan to phase out LGA from the operating budget and as it continues to be received it is available to take down this debt. Nawrocki stated that we should look to cut expenditures. Schmitt stated she has submitted budget questions, which have been answered. There will be more City Council Minutes Monday, September 12, 2011 Page 8 of 11 answers in the detailed budget. She stated her concern that this is almost a four percent increase. The county and school district levies are going down. She would like to see us work on reducing this amount. Reducing it by one percent is less than $100,000. Diehm agreed that the detailed budget will give us a better sense as to what each department is doing. Councils have added things back into the budget. This resolution is a plan to work with. It is a staff budget at this point, as that is their job. Now we need to look at this. As an initial plan, it is good. Diehm requested copies of the budget questions and answers submitted by Schmitt. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -95 there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -95, 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 2012 of December 12, 2011 at approximately 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $218,343. Motion to amend by Nawrocki to reduce the levy by $375,000 and prior to final consideration staff comes back with $375,000 in expenditure reductions. Peterson called for second to the amendment. Motion to amend dies for lack of a second. Council member Williams arrived at 9:29 p.m. Diehm described the current motion. Upon vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. Peterson stated "Don't forget our service men and women. Don't take ourselves too seriously; you only have one life and if you work it right, that is enough ". ADJOURNMENT Mayor Peterson adjourned the meeting at 9:32 p.m. Patricia Muscovitz I, MC City • erk RESOLUTION 2011 -92 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR THE ZONE 7 STREET REHABILITATION PROGRAM CITY PROJECT NO. 1202 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 7 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1202 ZONE 7 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other City Council Minutes Monday, September 12, 2011 Page 9 of 11 improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION 2011 -93 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 6 STREET SEAL COAT PROGRAM - CITY PROJECT NO. 1201 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 6 that have not been rehabilitated under the street program, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1201 ZONE 6 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION 2011 -91 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 Zeleaem Bekele (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 581 49 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 22, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 13, 2011 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 22, 2011 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 September 2, 2011 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 alL °'any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; PALLETS, LARGE DIRT PILE, LARGE PILE OF CONCRETE CHUNKS, MISC GARBAGE, FENCE POSTS, METAL GATE, CONCRETE BLOCKS. ETC. 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 581 49 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 581 49 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 2011 -94 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2011 SANITARY SEWER LINING, CITY PROJECT NO. 1104, TO INSITUFORM TECHNOLOGIES USA, INC. City Council Minutes Monday, September 12, 2011 Page 10 of 11 WHEREAS, pursuant to an advertisement for bids for City Project No. 1104, Sanitary Sewer Lining bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alternate 1 Alternate 2 Base Bid plus Alternates 1 & 2 Insituform Technologies USA, Inc. $211,911.40 $22,707.50 $61,987.50 $296,606.40 Lametti & Sons, Inc. $434,672.00 $48,349.70 - - WHEREAS, it appears that Insituform Technologies USA, Inc. of Chesterfield, Missouri 63005 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Insituform Technologies USA, Inc. in the name of the City of Columbia Heights, for the 2011 Sanitary Sewer Lining, City Project No. 1104, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. RESOLUTION 2011 -95 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2012, 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 2012 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 2012 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund 10,420,709 Community Development Fund 229,741 Economic Development Fund 340,154 State Aid 164,093 Cable Television 103,815 Library 798,375 Infrastructure 160,797 Capital Improvement 325,505 Capital Equipment Replacement Funds 374,021 Construction Funds 1,707,400 Central Garage Fund 648,232 Liquor Operating 8,450,146 Liquor Capital/Non- Operating 682,667 Water Utility Fund 2,645,181 Sewer Utility Fund 1,915,831 Refuse Fund 1,687,643 Stoll!! Sewer Fund 375,076 Data Processing 331,825 Debt Service Fund 2,657,323 Total Expense Including Interfund Transfers 34,018,534 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 2012 Revenue General Fund 10,420,709 Community Development Fund 229,741 Economic Development Fund 340,154 State Aid 164,093 Cable Television 103,815 Library 798,375 Infrastructure 160,797 Capital Improvements 325,505 City Council Minutes Monday, September 12, 2011 Page 11 of 11 Capital Equipment Replacement Funds 374,021 Construction Funds 1,707,400 Central Garage Fund 648,232 Liquor Operating 8,450,146 Liquor Capital/Non-Operating 682,667 Water Utility Fund 2,645,181 Sewer Utility Fund 1,915,831 Refuse Fund 1,687,643 Storm Sewer Fund 375,076 Data Processing 331,825 Debt Service Fund 2,657,323 Total Revenue Including Interfund Transfers 34,018,534 Section C. The following sums of money are levied for the current year, collectable in 2012 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 7,590,129 Estimated Library Levy 765,195 Estimated EDA Fund Levy 84,811 Total 8,440,135 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2012 in the amount of $218,343. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is scheduled for December 12, 2011 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 2012 that is higher than the tax rate calculated for the City for taxes levied in 2010 collectable in 2011. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $44,200 and General Obligation Bond Series 2006A in the amount of $102,990, and that the County Auditor is authorized to cancel the related Bond Levies in their entirety for taxes payable in 2012. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of $225,000 and that the County Auditor is authorized to cancel $225,000 of the related Bond Levy for taxes payable in 2012, leaving a balance of $435,300 to be levied for taxes payable in 2012 for Series 2008B. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of $103,973, and that the County Auditor is authorized to cancel $103,973 of the related Bond Levy for taxes payable in 2012, leaving a balance of $126,274 to be levied for taxes payable in 2012 for Series 2009A. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota.