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HomeMy WebLinkAboutMay 5, 2003 Work SessionCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us ADMINISTRATION NOTICE OF CITY COUNCIL MEETING to be held in the CITY OF COL UMBIA HEIGHTS as follows: Mayor Julienne Wyckoff Councilmembers Robert ~4. Williams Bruce Nawrocki Tammera Ericson Bruce Kelzenberg City Manaoer Walt Fehst Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL MAY 5, 2003 EST. 7:20 P.M. (FOLLOWING SPECIAL MEETING) CONFERENCE ROOM 1 WORK SESSION AGENDA 1. 800 megahertz system - John Tonding, Anoka County Communications 2. Adoption of State Building Code with Fire Department appendix 3. Satellite facilities for municipal liquor store on University Avenue 4. View preliminary concept plan for Salvation Army Site - discussion (Environmental Art and Learning Center purchased by Three Rivers Park District) The City of Columbia Heights does not discriminate on the basis of disability m 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 handicapped persons are available upon request when the request is made at least 96 hours m advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER .Work Session May 5, 2003 CITY COUNCIL LETTER Meeting of May 12, 2003 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Use of City Water Tower for placement of BY: Thomas M. Johnson BY: NO Public Safety Radio Antennas DATE DATE: BACKGROUND In March of 2003 the City was approached by the County of Anoka to see if our water tower would be available to support the antennas required by the new 800 Mghz public safety radio system. The antennas for the current radio system are at a site on Matterhorn Drive in the City of Fridley. The reason the County is looking to move them to our site is that the City of Fridley is making changes at the Matterhorn Drive site and cannot guarantee how long the antennas would be up before major upgrades or changes will take place at this site. Checking with Public Works Director Kevin Hansen, this does not appear to be the case with our water tower. It is also felt that our city would experience better radio reception for our police officers and fire fighters if the antennas were moved to the City of Columbia Heights water tower. Both poli.ce and fire have experienced what is referred to as dead spots throughout our city with the current radio system. Anoka County has put together a rental agreement (contact) for the use of the tower as a site for the antennas. Although they do not want to incur ongoing rental fees, they are willing to assist us with costs of upgrading security at this site, which is greatly needed. We have attached a list of what Public Works Director Kevin Hansen feels are the needs at this site and the estimated cost. We have also requested our City Attorney to review the contract and suggest any changes that should be made. The suggested changes are listed on the attached e-mail. Drawings of the site are attached. John Tonding will be at the work session representing the County on this proposal and is willing to answer any questions. ANALYSIS/CONCLUSION Staff is suggesting that the City enter into this contract with the County if the County will consent to the changes noted in the contract by our City Attorney and if they agree to the attachment of security upgrades at the site, the County would cover the costs on. RECOMMENDED MOTION: TMJ:mld 03-065 Attachment COUNCIL ACTION: LEASE AGREEMENT THIS LEASE AGREE~MENT, made this __ day of ,200 by and between the County of Anoka, Minnesota, a political subdivision of the State of :Minnesota, 2100 Third Ave. N.. Anoka, NLq 55303 ("COUNTY") and the City. of Columbia Heights, a municipal corporation, 590 40~ Ave. N.E., Columbia Heights, :~ 55421 ("CITY"), does state as follows: WHEREAS, COUNTY is participating in a region wide public safety radio system communication plan ("Plan") as set forth in Minnesota Statutes §473.891 to §473.905; and WHEREAS, the Plan envisions public safety radio communications to be broadcast on a network incorporating parts of the 800 megahertz radio frequency band ("Network"); and WHEREAS, COU~'TY is the governmental agency who is constructing the physical and electronic components of the Network in Anoka County in order to comply with the Plan; and WHEREAS, implementation of the Plan requires that additional technical equipment be placed at various locations throughout .--~noka County to enable the Network to operate effectively; and WHEREAS, the Plan indicates that antenae and other technical equipment be located at the CiTY'S water tower located on Stinson Blvd., and WHEREAS, the public safety interests of both the COUNTY and CITY will benefit from the County's participation in the Network: and WHEREAS, COUNTY and the CITY wish to enter into an ag-reement to enable the COUNTY to place and store the technical equipment necessary at the Stinson water tower site to help the Network operate efficiently; NOW THEREFORE, COU~'NTY and CITY, in consideration of the rents, covenants and considerations hereinafter specified, do hereby ag-tee each with the other as follows: 1. LEASED PREMISES; ACCESS. A. Subject to the terms and conditions of this Lease, CITY hereby leases to COU.'NTY and COUNTY leases from CITY a portion of the Stinson Water Tower or other structures ("Structures"), between a minimum height of feet and a maximum height of feet, measured from g-fade as more particularly described in Exhibit A attached hereto, on which directional antenas, connecting cables and apputenances will be attached and located, the exact location to be reasonably approved by CITY's Director of Public Works, together with a non-exclusive easement for reasonble access thereto and for adequate utility services, including sources of electric and telephone facilities also shown on Exhibit A. ("Tower Space"). CITY and COU~'NTY also lease a portion of CITY'S property consisting of approximately __ square feet located at the base of the Water Tower and legally described in Exhibit B hereto, subject to all existing easements, to be used for an equipment shelter, generator and fuel supply tank. ("Ground Space"). tff.I B. CITY grants COU~'TY the right under this lease to construct a/4' x 26' shelter building at the base of the water tower (Shelter Building") on the Ground Space. The building will be constructed according to the specifications set forth in Exhibit C, attached hereto, owned by the COU,'N'TY, and shall be used only for the storage of equipment necessary, for the functioning of the Network at that location. Only COL~'TY and its authorized agents shall have access to its Shelter Building. The Tower Space and the Ground Space are located at 4633 Ivanhoe Place, Columbia Heights, ND4 55421, shall be collectively referred to as the "Leased Premises". C. CITY g-rants to COUNTY for use by COUNTY, its employees, agents and/or Contractors, including MrffDOT, during the term of th_is Lease and any renewal thereof, a non-exclusive license for in,ess/egress purposes to cross CITY property adjacent to the Water Tower to access the Leased Premises on a 24 hour daily basis. D. COUNTY agrees to notify CITY by telephone at least 24 hours in advance of climbing or accessing the tower. In emergency situations, County shall notify CITY as soon as reasonably possible, notwithstanding the 24 hour requirement. 2. RENT. In consideration for the rights conferred to COb~NTY pursuant to the terms of this Lease, County shall pay CITY the sum of S at the sig-ning of this Lease. This mount shall constitute the entire amount of any rental payrnents due under this Lease, or any renewal or extension thereof, and COL,.~TY shall have no further rental costs. 3. TEILM. The term for this Lease shall begin on ,2003 and shall run for a period of 25 years until l 1:59 p.m. on ,2028 ("Initial Term"). This Lease shall automatically renew for additional l0 year periods ("Renewal Term"), subject to the same terms and conditions as set forth herein, unless either party submits to the other a written notice of cancellation at least one year prior to the expiration of the Initial or a Renewal term. 4. IaNSTALLATION; MAINTENANCE. A. COUNTY shall install and shall be solely respnsible for the operation, maintenance and repair of its antennas, microwave dishes, amplifiers, generators, fuel tanks, and all other equipment, as weI1 as its shelter building. A list of the equipment and a depiction of their locations on the water tower is set forth in Exhibit B. All reasonable costs associated with the preparation for such installation shall be the COU~'-NTY's responsibility. B. COUNTY shall repair, at COU~-fY'S expense, any damage caused to the Water Tower duriung COUNTY' S installation, operation, maintenance, repair or removal of COUNTY'S equipment. C. COUNTY shall coordinate the installation of COUNTY'S equipment with CITY by using its best efforts to notify CITY of such installation at least ten (10) days prior to installation but in no event less than 48 hours prior to such installation. D. COUNTY shall maintain COUNTY'S equipment and shelter building in good condition and repair and in compliance with ail laws, ordinances, rules and re~lations. E. If CiTY requires COUNTY equipment to be removed to do maintenance, CiTY will give COUNTY 1 year general notice, with a 30 day notice as to the specifics of the maintenance. COUNTY will be responsible for all costs to remove COUNTY'S equipment for the maintenance and the subsequent re-installation. 5. ADDITIONAL USES; NON-LNTERFERENCE. CITY retains the right to lease any additional space on its water tower to others subject to the following: if CITY permits any other electrical devices on the water tower subsequent to the installation of COUNTY equipment, ~ITY-.wit~ause an electrical intererence analysis to be done ro ensure COL~'TY'S Network will not be affected. CITY shall not permit any device on the Leased Premises which interferes with COU~'4TY'S Network. Likewise, COUNTY'S Network shall not interfere with any radio communications system that is operational on the water tower as of the date of this Lease. 6. UTILITIES COUNTY may elect to have electric power and telephone lines supplied to the Leased Premises. If it does so, COUNTY shall be responsible for all costs associated with the supply of such utilities, including installation and maintenance of, supply lines, meters and monthly supply charges. COUkNTY may also elect to have a propane gas storage tank located on the Ground Space for use by the Shelter Building. Any costs ¢a/2~.,/ ~ associated with the placement and storage of propane gas shall be the responsibility of the COU~"TY. 7. NOTICE OF CHANGES; BINDING ON SUCCESSORS CITY a~ees to provide a one year written notice to COUNTY if it 1) plans to remove the water tower; 2) plans to relocate the water tower to another location; 3) plans major maintenance to the water tower; 4) plans to change the physical aspects of the water tower in any sigTtificant way, e.g. height above ~ade or 5) plans to sell or transfer ownersh/p of the water tower to another entity. If ownership of the Leased Premises is transferred to another, the terms and conditions of this Lease shall extend to and bind the purchasers, transferors, heirs, personal representatives, successors and/or assigns of CITY. 8. LNDENLNIFICATION COUNTY a~ees to indemnify and defend CITY for any and all claims arising OUt of COUNTY'S installation, operation, use, maintenance, repair, removal or presence of COL.rNTY'S antennas, equipment, Shelter Building or related facilities on the Leased Premises. CITY a~ees to indemnify and defend COUNTY from any and all claims which arise solely from CITY'S negligence, willful misconduct or other fault of CITY. These obligations to indemnify and defend shall survive termination of this Lease. 9. DA.M. AGE OR DESTRUCTION. If the Leased Premises is destroyed or damaged such that rebuilding of the water tower is not economically feasible, either party may terminate this Lease upon 30 days written notice. Upon termination, neither party shall be obligated to the other except for the obligation to indemnify and defend as described above. 10. ENVIRONMENTAL. CITY represents that it has no knowledge of any substance, chemical or waste (collectively "Substance") on the Leased Premises that is identified as haxardous, toxic. or dangerous in any applicable federal, state or local law or reg'ulation. In the event CITY learns of the location of such Substance, CITY shall notify COUNTY who may, at COU~'NTY's sole option, terminate this Lease immediately. CITY shall not introduce any such Substance on the Leased Premises in violation of any applicable law. COUNTY shall not bring to, transport across, or dispose of any Substance on the Leased Premises or adjoining CiTY property without CITY'S prior written approval. COUNTY may keep on the Leased Premises substances used in backup power units (e.g. as batteries and generators) commonly used in the wireless communications industry. 11. TAXES. COUNTY shall pay all personal property taxes assessed directly upon and arising solely from its use of the Leased Premises. 12. >L-~INTENANCE OF TOWER. Unless otherwise set forth herein, CITY shall be responsible for maintaining the water tower and adjoining ~ounds in a proper operating and reasonably safe condition. However, if any such repair or maintenance is required due to the acts of COUqNTY, its employees or agents, COU~'TY shall reimburse CITY for the reasonable costs incurred by CITY to restore the damaged areas to the condition which existed immediately prior thereto. 13. GOVERNING LAWS AxN%) VENUE. This Lease shall be construed in accordance with the laws of ~Minnesota. Venue for any disputes shall be in the District Courts of Anoka Cbunty, Minnesota. 14. BINDLNG EFFECT. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assig'ns of the parties hereto. 15. IN WRITING. This Lease constitutes the entire a~eement between the parties and supersedes all prior written or verbal a~eements, representations, promises or undertakings between the parties. Any amendments to this Lease must be in writing and executed by both parties to be enforceable. Dated this ~ day of ,2003. COUNTY OF.ANOKA, MINNESOTA CITY OF COLUMBIA HEIGHTS, MINNESOTA By By Chair, Board of Commissioners Mayor Bv By County Administrator City Manager County of .~noka ) ) State of Minnesota ) The foregoing instrument was acknowlwdged before me th.is __ day of 2003 by Dan Erhart, Chair, Board of Commissioners and John "Jay" McLinden, County Administrator, on behalf of the County of Anoka, Minnesota. County of Anoka ) ) State of Minnesota ) SS The foregoing instrument was acknowlwdged before me th/s 2003 by , Mayor and on behalf of the City of Columbia Heights, Minnesota. __ day of , , City Manager, Th/s instrument drafted by: Anoka County Attorney's Office 2100 Th/rd Ave. N. Anoka, NLN 55303 CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: Walt Fehst, City Manager Tom Johnson, Police Chief Kevin Hansen, Public Works Director Overview of Proposed Security Improvements to City's Water Tower and Lift Stations April 28, 2003 The following is a cost overview of the proposed safety improvements to the City's Water Tower Facility location. The Public Works Department is proposing to upgrade the security access system, replace the fencing, and add security lighting at the Water Tower Site. Security Access System Improvements Cost estimates for an access control system at the water tower and pump stations (Tie into existing City system at City Hall): Total $8:922.10 Lighting Improvements Cost estimates for lighting improvements at the water tower and water pumping station: Furnish and install four (4) security fixtures controlled by photo cells at the water pumping station. $3,980 (including labor) Furnish and install three (3) security fixtures around the base of the water tower, controlled by a photocell. $3~680 (including labor) Total $7:660.00 Fencing Improvements Cost estimates for new fencing at the water tower facility: Furnish and install six foot high black vinyl coated chain link fence with new access gate at main entry. Fencing: $17,600 (including labor) Access Gate: $ 4,200 (including labor) Total $21:800 Site Landscaping I would recommend adding site landscaping for screening the residential property to the north and for aesthetic improvements. The cost range for minimal type of landscaping would be in the $ !,500 to 2,500 range. As an additional note, the City of Columbia Heights should have an agreement with the County to reimburse the City for actual expenses related to inspections. This would be for minimal City staff time related to site/civil work and for an independent consultant for welding and coatings inspection. The City had the same agreement when Sprint PCS performed work approximately two years ago. .i/I dl-,I {{ CITY COUNCIL LETTER AGENDA SECTION: NO: ORIGINATING DEPT.: CITY MANAGER BLDG INSPECTION APPROVAL ADOPTING MN STATE BLDG CODE NO: DATE: MAY 12, 2003 The 2003 MN State Building Code has been adopted and is effective as of March 31, 2003. The jurisdictions enforcing the code are required to adopt the new code as per MN State Statute 16B.62. In the past the city has adopted the code every time it is changed or updated, usually every three years. The proposed ordinance would be self-perpetuating in that it would always reflect the most current edition of the State Building Code and not require Council action every time the code is updated. As per State Law, the Building Code cannot be modified at the local level so the adoption process becomes simple. There are two optional provisions to consider: Section 1306, dealing with special fire protection systems (fire sprinklers) and Appendix K to give the city some control over grading and excavating projects. It is the recommendation of staff to also adopt these provisions at this time. Attached is Ordinance # , Adopting the Minnesota State Building Code. This ordinance provides for the application, administration and enforcement of the MN State Building Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this municipality; Provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This ordinance shall perpetually include the most current edition of the MN State Building Code with the exception of the optional appendix chapters. Optional appendix chapters shall not apply unless specifically adopted. It should be noted that permit fees adopted by Resolution and are not included as part of this code adoption. RECOMMENDED MOTION: Move to waive the reading of Ordinance # copies available to the public. , there being ample Move to adopt Ordinance # , an Ordinance adopting the MN State Building Code. COUNCIL ACTION: ORDINANCE NO. ADOPTING THE MINNESOTA STATE BUILDING CODE BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. The City of Columbia Heights does ordain: Section 1 Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16 B.75, including all of the amendments, roles and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. Section 2 Application, Administration, and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1, when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Department. This code shall be enforced by the Minnesota Certified Building Official designated by the City of Columbia Heights to administer the code (Minnesota Statute 16B.65) Subdivision 1. Section 3 Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, subdivision 1. Permit fees shall be assessed for work govemed by this code in accordance with the fee schedule adopted by The City of Columbia Heights by Resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 16B.69). Section 5. Building Code Optional Chapters. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. 1306 with option sub part 2 and E1 2. Appendix K Section 6. Effective date of Ordinance. 2003, after its passage. First reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: This Ordinance shall be in full force and effect June 27, Julienne Wyckoff, Mayor Patty Muscovitz, Secretary CITY OF COLUMBL4 HEIGHTS DATE: APRIL 30, 2003 TO: FROM: WALT FEHST CITY MANAGER WILLIAM ELRITE~~'~ FINANCE DIRECTOR RE: MAY 5TM WORK SESSION 1TEM REGARDING RESTROOM FACILITIES AT HEIGHTS LIQUOR (Page 1 of 2) The purpose of this memo is to follow up on my green sheet article and the discussion at the last city council meeting regarding the placement of a portable restroom facility at the University Avenue liquor store. I would like to clarify that in making this recommendation I was looking at it as a public service for residents and individuals who frequent this area as in the past it has been a longstanding tradition for the City to provide this type of public service in various public locations throughout the city. I would like to further clarify that I do not see this simply as a liquor store problem. In discussing this issue at our last Division Head meeting, the Chief of Police, Tom Johnson, pointed out that this is becoming more of a problem throughout the city. Becky mentioned that there have been occurrences of public urination outside the library and in the stairwell leading to the basement exit from the library. There have also been longstanding problems with urination in the parking ramp behind the pool hall on Central Avenue along with problems at other locations throughout the city. Because of these situations and the visibility of the University Avenue liquor store, we installed an outdoor, portable restroom at that facility several years ago. This was very successful in reducing the occurrences. Based on this it was simply my intent in the green sheet to re-initiate discussion on this matter and that if there is concern with the appearance of the facility, that we put up screening fence around it to enhance the overall appearance. As this item is scheduled for the next work session, I would like to suggest that the council also review and consider adding portable restroom facilities to the parking ramp. From comments made by several people it appears that public urination in this area is a major problem and that a significant amount of time and money is spent washing the stairwell and fumigating it due to this problem. It may be a cost-effective alternative to install a portable restroom facility at this location to not only control the problem, but to create a sanitary facility and provide a better service to residents and other individuals using this public parking ramp. In relationship to city ordinances governing outside restrooms, I can find nothing. In addition to this, I have requested that the Community Development Director, Public Works Director, and Chief of Police provide me with any information that they may have on restrictions on outside restroom facilities. From this research it appears that there is nothing in city ordinances that prohibits this and any business wishing to, can install an outside restroom facility. However, I would doubt that most businesses would do this because of the additional cost incurred in having an outside mst-room facility, even if it does provide a service to customers. If it is the intent of the City to prohibit outside restrooms at all business locations, it would probably be appropriate to adopt an ordinance governing this as currently it appears that the only locations where the City Council could control this would be on City property. Page Two In summary I can only say that in past years staff made the decision regarding the restroom facility at the liquor store. However, as it is apparent that different council members have different opinions on this, we have now chosen to take this to the council prior to taking any action. If the only concern is appearance, I believe that we can put up adequate screening to enhance the site. If, however, the true concern is that this is not the type of service that we should be providing to residents and users of this city facility, then it is a different situation and we can implement other methods to control the problem. It should also be noted that one resident did call me and suggested two things, one that we pass out flyers in the store to customers warning them of the consequences of public urination and that we install a neon sign at the rear of the store also warning them that this is inappropriate conduct. WE:sms 0304303CM