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HomeMy WebLinkAbout04-25-2016OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL25, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday April 25, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:03 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Gary Gorman; Fire Chief, Kevin Hansen; Public Works Director, Keith Dahl; Economic Development Manager, Elizabeth Holmbeck; Associate Planner and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Rachel Schwenke, First Lutheran Church 4. PLEDGE OF ALLEGIANCE 5. 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.) Mayor Peterson announced an additional license has being added to tem 71; Temporary Liquor License for the Lions Club for the fundraiser May 20th for the All American City project. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson announced the Community Picnic and Splash Pad Ribbon Cutting will be on Wednesday, June 15t starting at 4:30 PM. 7. 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 MOTION: Move to approve the minutes of the City Council meeting of April 11, 2016 B. Accept Board and Commission Minutes MOTION: Move to accept the minutes of the Planning & Zoning meeting of April 6, 2016 MOTION: Move to accept the minutes of the Library Board meeting of March 2, 2016 C. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for April 25, 2016, in that they have met the requirements of the Property Maintenance Code. D. Approval of Gambling Permit, Immaculate Conception Church, Fun Fest Aug 5 -7, 2016 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 a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their Fun Fest event being held August 5, 6 and 7, 2016 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. E. Approve Resolution No. 2016 -42 Approving State of MN Joint Powers Agreements *Removed for Discussion F. Adopt Resolution 2016 -43 Approving a Master Partnership Contract With MNDOT *Removed for Discussion G. Adopt Resolution 2016 -44 Accepting Bids and Awarding a Contract for the 2016 Miscellaneous Concrete Repairs and Installations, City Project 1600 MOTION: Move to waive the reading of Resolution 2016 -44, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -44 being a Resolution accepting bids and awarding the 2016 Miscellaneous Concrete Repairs and Installations, City Project No. 1600, to Create Construction, based upon their low, qualified, responsible bid in the amount of $29,679.50 from Fund 415 -51600 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. H. Approve Gambling Permit, Athletic Boosters, All America City fundraiser May 20, 2016 *Removed for Discussion I. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for April 25, 2016. J. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 160849 through 161011 in the amount of $ 1,034,519.33. Councilmember Schmitt requested items E and F be removed for discussion. Councilmember Nawrocki requested items H be removed for discussion. Motion by Councilmember Murzyn, Jr. seconded by Councilmember Williams to approve the consent agenda items A, B, C, D, G, I and J. All Ayes, Motion Carried. The following items were removed for discussion: E. Approve Resolution No. 2016 -42 Approving State of MN Joint Powers Agreements City Attorney James Hoeft explained the state has new records and data management system. Both he and the police department require authorization to access the system. Councilmember Schmitt questioned who is paying for the system. Mr. Hoeft explained it is a state system, and the City Attorney will pay a small amount; likely a couple hundred dollars. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Resolution No. 2016- 42, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department. All Ayes, Motion Carried. F. Adopt Resolution 2016 -43 Approving a Master Partnership Contract with MNDOT Councilmember Schmitt questioned if technical services can be completed without a work order contract. Director of Public Works Kevin Hansen explained the proposed agreement will replace an existing agreement we have had for many years. This agreement covers more routine items that the State typically does on behalf of city projects. Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of Resolution 2016 -43, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution 2016 -43 being a Resolution approving the Master Partnership Contract with MnDOT. All Ayes, Motion Carried. H. Approve Gambling Permit, Athletic Boosters, All America City fundraiser May 20, 2016 City Manager Walt Fehst explained Columbia Heights is a finalist for the Award, given by the National Civic League. The City hopes to send a delegation of 15 -20 people to Denver, Co. This group will include students, senior citizens and other involved citizens. A fundraiser is planned for May 20th to raise money to help with lodging and transportation costs. Motion by Councilmember Williams, seconded by Councilmember Schmitt 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 a gambling permit for the Columbia Heights Athletic Boosters to conduct bingo and a raffle at the May 20 fundraiser at the Public Safety Building in support of the City's All America City application. Furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. First reading of Ordinance No. 1626, being and Ordinance amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights. City Planner Elizabeth Holmbeck reported the proposed Ordinance would disallow any new auto uses in the Central Business Zoning District and require that any new auto related development (excluding motor vehicle parts stores) be located on a lot with a minimum size of one acre in all other applicable districts. Councilmember Nawrocki commented that the area on 39th between Quincy and Jefferson should be addressed, noting there is no screening, and it looks very bad. Ms. Holmbeck reported that on April 6th letters were sent out to the businesses on 39th Ave. explaining the requirements, noting they have until June 1, 2016 to comply. Councilmember Schmitt suggested removing "Government Maintenance Facility" from section 9.110 (F)(3)(c). Director Hansen commented that the City has no plans of relocating or expanding their current facility, which is in an industrial zone. City Manager Walt Fehst stated he would support treating the City the same the same as others in the city. The council agreed to remove Government Maintenance Facility from section 9.110 (F) (3)(C). Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance No. 1626, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr. seconded by Councilmember Williams to establish the second reading of Ordinance No. 1626, amending City Code of 2005 relating to automotive- related uses within the City of Columbia Heights, for Monday, May 9th, 2016 at approximately 7:OOpm in the Council Chambers of Columbia Heights City Hall, removing item a, Section 9.110 (F) (3) (C). All Ayes, Motion Carried. B. Consideration of Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 4744 4th Street NE for failure to meet the requirements of the Residential Maintenance Codes. Fire Chief Gary Gorman reported the property has been rented without a license. The City recently shut the water off for non - payment, and has been vacated. Councilmember Nawrocki stated there is a large amount of trash in the backyard. Chief Gorman confirmed they are aware of the trash as well. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to close the public hearing and to waive the reading of Resolution Number 2016 -39, being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr.to adopt Resolution Number 2016 -39, being Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article /V, Section 5A.408(A) of the rental license listed; 4744 4th Street NE. All Ayes, Motion Carried. C. Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties a 4237 Quincy St NE. Fire Chief Gary Gorman distributed photos of the property depicting excess outside storage. The city's contactor attempted to remove the items, and were chased off the premises by the property owner. A second attempt will be made to clean up the property. City Attorney Hoeft indicated an Administrative Search Warrant can be used if necessary. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Nawrocki to dose the public hearing and to waive the reading of Resolution Number 2016 -41, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Nawrocki to adopt Resolution Number 2016 -41, being a resolution 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. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Second Reading of Ordinance 1627, Conveyance of Certain Real Property to the EDA Keith Dahl, Economic Development Manager explained this is the second reading to convey the property at 4618 Polk St. to the EDA. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Ordinance No. 1627, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Ordinance No. 1627, being an ordinance authorizing the conveyance of certain real property located at 4618 Polk Street. All Ayes, Motion Carried. B. Bid Considerations a. Adopt Resolution 2016 -45 Accepting Bids and Awarding A Contract for the 2016 Street Rehabilitation Zone 2 and State Aid Street Overlay Project, City Projects 1602 and 1605 Director of Public Works Kevin Hansen reported 43`d Ave., 41St Ave. and Jefferson St. are included in the projects. The one alternate includes concrete /bituminous for private work if residents are interested. Motion by Councilmember Nowrocki, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2016 -45, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2016 -45 being a resolution accepting bids and awarding the 2016 Street Rehabilitation Zone 2 and State Aid Street Overlay Program, City Project Numbers 1602 and 1605, including Alternate 1 for unit priced private construction, Midwest Asphalt Corporation of Hopkins, Minnesota based upon their low, qualified, responsible bid in the amount of $667,238.80 with funds to be appropriated from Fund 415 -51602 -5185 and 415 -51605 -5185, and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. C. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst reported staff is working hard preparing for the All America City Award, and he hopes to have many interested residents involved. Councilmember Nawrocki asked for an update on the Stinson Blvd. project, specifically access to the residents. Director Hansen reported the contractor has determined the project will be completed sooner if they work both sides simultaneously. Currently access is not limited to residents. Councilmember Nawrocki reported the tree at 4660 Heights Drive looks awful. City Manager Fehst stated he has followed up with the homeowner, and informed him he may be cited again. Councilmember Nawrocki asked for an update on the White Castle project. City Manager Fehst reported they will do a teardown and rebuild, and August completion is anticipated. Councilmember Nawrocki reported the upcoming Park & Recreation commission meeting interferes with the Athletic Boosters dinner. Director Hansen reported the parks concepts will be available after the meeting. Councilmember Nawrocki reported the draft copy of the upcoming newsletter does not give much information regarding the Jamboree events. City Manager Fehst said he will follow up with the Editor. Councilmember Nawrocki asked if there was any update regarding a relationship with Financial One Credit Union. City Manager Fehst stated the finance department is looking into it. 11. CITIZENS FORUM Frost Simula -1700 49th Ave NE stated his mission is to help prevent real estate fraud; specifically regarding predatory remodeling. Mr. Simula reported the best way to prevent this is a point of sale inspection program. Mr. Simula is hopeful he council will consider a point of sale program in the fall. Connie Buesgens - 102144th Ave NE reported there is a new Facebook page; Columbia Heights Rant. City Manager Fehst suggested inquiries be made directly to City Staff, and consider using the forum for positive comments as well. Ms. Buesgens reported the walk signal on the traffic light on 40th and Central does not allow ample time to cross Central Ave. Mayor Peterson reminded us to remember our service men and women, and our police officers and fire fighters, and to keep them in our thoughts and prayers. Meeting adjournTd at 8:18 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2016 -39 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 property rental license held by Kenneth L. Pritchett, Jr. (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4744 4 1 Street 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 April 8, 2016, of a public hearing to be held on April 25, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 8, 2016, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 18, 2016, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Failure to submit to inspection, submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F- 4744 -4 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION NO. 2016 -41 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 Ben Jacobson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4237 Quincy St 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 March 10, 2016. 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 March 3, 2016, 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 March 10, 2016 inspectors re- inspected 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 March 21, 2016 inspectors re- inspected 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: A. Miscellaneous outside storage, garbage and/or debris throughout property. 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 4237 Quincy 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 4237 Quincy 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. RESOLUTION NO. 2016 -42 A resolution of the City Council for the City of Columbia Heights, Minnesota, Approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department Whereas, the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights, Minnesota as follows: 1.That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, Scott Nadeau, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the Police Captain is appointed as the Authorized Representative's designee. 3. That the City Attorney lames Hoeft, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the City Attorney's legal assistant is appointed as the Authorized Representative's designee. 4. That Gary Peterson, the Mayor for the City of Columbia Heights, and Katie Bruno, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. RESOLUTION NO. 2016 -43 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate delivery of transportation services and maximize the efficient delivery of such services at all levels of government. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT WHEREAS, MnDOT and local governments are authorized by Minnesota Statues sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. That the City of Columbia Heights enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City Council. 2. That the Mayor and City Manager are hereby authorized and directed to execute such contract and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Columbia Heights without further approval by this Council. RESOLUTION NO. 2016 -44 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to an advertisement for bids for City Project No. 1600, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Base Bid Create Construction $ 29,679.50 New Look Contracting, Inc. $ 56,984.00 Sunram Construction, Inc. $ 86,733.50 It appears that Create Construction, 18517100th Avenue N., Maple Grove, Minnesota 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 Create Construction in the name of the City of Columbia Heights, for the 2016 Miscellaneous Concrete Repairs and Installations, City Project No. 1600, for a bid amount of $29,679.50 according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to retain the deposit of the successful bidder and the next lowest bidder until the contract has been signed. 3. City Project No. 1600 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. RESOLUTION NO. 2016 -45 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to an advertisement for bids for City Project No. 1602, 2016 Street Rehabilitation Zone 2 and City Project No. 1605, State Aid Street Overlay, seven bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Base Bid Alternate 1 Base Bid with Alternate Midwest Asphalt Corporation $ 663,433.80 $ 3,805.00 $ 667,238.80 Northwest Asphalt, Inc. $ 727,363.18 $ 4,712.50 $ 732,075.68 Park Construction $ 739,824.31 $ 9,060.50 $ 748,884.81 Bituminous Roadways $ 742,229.20 $ 6,714.00 $ 748,943.20 North Valley, Inc. $ 786,447.82 $ 2,281.95 $ 788,729.77 Hardrives, Inc. $ 806,185.23 $ 5,937.00 $ 812,122.23 C.S. McCrossan $ 955,327.80 $ 8,075.00 $ 963,402.80 It appears that Midwest Asphalt Corporation of Hopkins, MN 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 Midwest Asphalt Corporation in the name of the City of Columbia Heights, for 2016 Street Rehabilitation Zone 2 and State Aid Overlay, City Project Nos. 1602 and 1605, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Projects 1602 and 1605 shall be funded with Assessment /State Aid, Sanitary Sewer, Storm Sewer, and General Funds.