HomeMy WebLinkAboutMay 17, 2004 Work SessionCITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Ottr Website at: www. ci. coh~mbia-heights, mn.us
Mayor
dzdienne Wyckoff
Councilmembers
Robert A. Williams
Bruce NmvrocM
Tammera Ericson
Bruce Kelzenberg
City Mana.qer
Walt Fehst
A DMINIS TRA TION
NOTICE OF CITY COUNCIL MEETING
to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
Purpose of Meeting:
COLUMBIA HEIGHTS CITY COUNCIL
MAY 17, 2004
7:00 P.M.
CONFERENCE ROOM 1
WORK SESSION
AGENDA
1. Selection of' an Auction House Services vendor for the auctioning of surplus City property and
Police confiscated items.
2. SAC/WAC fees
3. Infiltration/Inflow Program: Sump Pump discozmect program development
4. Sewer backup policy
5. City survey
The City of Columbia Heights does not discriminate on the basis of disability in the achnission 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 horn's in advance. Please call the City Council Secreting/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 OF{ THE PROVISION OF SERVICES
~'QUAL OPPORTUNITY E~MPLOYEF{
Work Session
CITY COUNCIL LETTER
Meetin of Ma 24,2004
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAk: '~'~I
ITEM: Selection of auction house for auctioning of BY: Thomas M. Johnson,:~_ BYi .~'~,,..fl
NO. excessCityitems, departmentevidence, and DATE Mayl3,2004 O~) ~/
DA¥~ /~', ~
found property. M'~r~}3
BACKGROUND
Back on July 21, 2003, the Police Chief approached the City Council at a work session reference using an
auction house to auction off excess City property, department evidence and found property. At that time, the
Chief of Police reported to the Council that for the past several years the Police Department has set up,
organized, and hired an auctioneer for the annual auction. This function is extremely labor intensive, taking up
many valuable hours of staff time. The Chief of Police has discovered that other cities in Anoka County
contract with an auction house to come and pick up excess items, evidence, and found property. Theytake the
items to their auction house, have them track, set up, sell the items, and then receive a check for the profits. The
auction house does this at a cost of around 35% of the revenue. This would include vehicles and excess
maintenance equipment.
During the past month, I have approached four auction houses used by other cities in our area, or that are in our
area. I have attached a matrix based on the frequency of auctions that the auction has, marketing costs, fees
charged, and the fee for auctioning vehicles. I have also included a copy of the proposal received from each of
the auction houses.
ANALYSIS/CONCLUSION
In order to save staff time and to maximize our return, and after reviewing each of the proposals we received
and discussing the proposals with the Finance Director, it is our recommendation to contract with Auction
Masters auction house of Maple Grove on a one-year trial basis.
RECOMMENDED MOTION: Move to authorize the Mayor and the City Manager to enter into a one-year
contract with Auction masters of Maple Grove for auctioning excess city property, unclaimed/forfeited police
evidence, and found property.
TMJ:mld
04-065
COUNCIL ACTION:
Name Date & Place Marketing Fee Vehicles
Costs
1. Auction Masters Weekly, Maple Grove Included in 10% buyers' fees 10%
Used by Coon Rapids commission 25% commission
Police Department $75/hour--2 men and track
2. I.M. Peterson Co. As set by City or Included in No buyers' fee. 35% If we bring,
Used by Lino Lakes auctioneer commission includes trucking and ads. $1 O/each.
Police Department Does not include legal
papers if required. If they pick
up, $35/each
3. Anoka-Big Lake As set by City or Not to exceed 35% includes picking up 7%
Auctions auctioneer $250 items. 10% buyers' fee
Used by Blaine & Fridley
Police Departments
4. Hiller Auction As set by auctioneer. None Items selling for: Included
Service 10-12 per year or as $1-$200 20% fee
they have product to $201-$400 15% fee
sell. $401-$600 10% fee
$601-$800 5% fee
$801-plus 0% fee
Buyer pays a 10% fee
$50/hour to pick up items
(driver only).
Plus $20/hour for each
person needed, in addition
to the driver.
Estimated cost between
$75-$100/vehicle.
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
City Manager Walt Fehst
FROM:
Thomas M. Johnson, Chief of Police
SUBJECT: Discussion Item for July 21, 2003 Work Session
DATE: July 15, 2003
I would like to discuss the possibility of contracting the auctioning of excess city items, police
department evidence and found property by a contract service. At the current time and for several
years, the Police Department has set up, organized, and hired an auctioneer for the annual auction
that takes many hours of stafftime. I am proposing that we look at what other cities around us do,
which is to contract with an auction house to come and pick up our excess items, take them to their
auction house, have them track, set up, and sell the items, and then receive a check for the profits.
This is what other municipalities in our area are doing at a cost of around 35% of the revenue. This
would include vehicles and excess shop equipment.
Brooklyn Park, Lino Lakes and Blaine use:
John Link, Anoka-Big Lake Auctions
17020 Highway 10
Big Lake, Minnesota 55309
They pick up the property and charge 35% of the revenue. The cities in the auction split the $400-
$450 advertising fees.
Coon Rapids uses:
Auction Masters
www. auctionmasters.com
19150 Territorial Road
Osseo, Minnesota 55369
Coon Rapids delivers their items to the auction house, but the fee is 25%. They feel they save staff
time and are able to be involved in the auctions more fi:equently.
! would like to see us consider the use of mn auction house, rather than doing the auction intemaliy.
Savings would include set up time, security, and support staff on auction day, and prep time for the
auction itself.
TMJ:mld
03 -097
19150 Territorial Road
Osseo, Mn 55369
76-3-428-2271
Fax: 763-428-8355
TOll Free: 1-888-671-7640
Website: www. auctionmasters, corn
To:
Chief Tom Johnson
Columbia Heights Police Dept.
From: Greg Christian
Date: April 27, 2004
Re: Auction Proposal for Surplus and Seized Property
AUCTION DATE AND PLACE
* Auction Master's Weekly Auctions on an agreed upon date.
At Our Auction Center in Maple Grove
* Cost Included in Commission
* Marketed in Newspaper Ads, Flyers, Calendars and on the Web
Site.
* We will Market a Variety of Buyers from Retail to Wholesale.
* Ail items will be sold "AS Is",
* 25% Commission
* Trucking Costs (We will arrange and deduct from proceeds)
Cost: $.75.00 per hour for 2 men and a truck.. You could
also do your own trucking.
SPECIAL NOTES:
* We have regular weekly auctions at our Auction Facility
withe u~ry lazes flow ~fauctionbuyers.
INSTITUTIONAL CLIENTS
(Recent and Ongoing)
FINANCIAL INSTITUTIONS
Wells Fargo
Firstar Bank
Heritage Bank
Samboy Financial
Citizen's Mortgage
Symmetric investments
Liberty Leasing
National Loans and Investors
Wells Fargo Equipment Finance
Investment Financial Services
First National Bank
Anchor Bank
Community First Financial
Carlton Financial C=roup
Citizen's State Bank
Equity Lending
GE Capital Leasing
Prior Lake State Bank
Transamerica Bank
GOVERNMENT AGENCIES
United States Postal Service
St. Paul Civic Center
Hennepin County Sheriff
City of St. Louis Park
City of Ramsay
City of North Mankato
Hennepin Count7 Tax Forfeiture
Minneapolis Convention Center
United States Marshall Service
Minnesota State Fair
St. Paul Port Authority
City of Shoreview
City of Coon Rapids
Metropolitan Airport Commission
Bankruptcy T~ustee
EDUCATIONAL INSTITUT~ONR
University of Minnesota
Minneapolis School District
Bloomington School District
New Horizon Day Care
,Mounds View School District
Big Lake-Scheols
Hopkins School District
Robbinsdate Scheet- Dtstrtc~
,,Dakota County Secondar~ TechniCal
Rosevitle. Schoo~ District
North SZ. Paul School District
NE- Metro Technical College
St. Paul School District
Anoka Vocational Technical
Crown College
rWeSt St Paul School District
Colunbia Heights School District
Hemline University
Osseo School District
Maple Grove School District
:Henne~in Technical
Spring Lake Park School District
St. Paul Technical College
Richfield Sc heot~ District
/M~inn_~o~ ~nmmu_ni?.v- e_nd ~' ~eCJ~t~- CoJle. g~
OUR
FACILITY
METRO HUB OF AUCTION COMMERCE
For Sellers With No Auction Site
* Metro location 20 minutes f;om downtown.
'* 12,000 square foot 8 year old building designed for auctions.
* Loading docks for easy client/buyer in and out.
' Multiple electrical outte~s to demonstrate working equipment.
* Ample theater seating and perking for large crowds.
,* On-site storage, semi trailers welcome,
* F~It time experienced auction team,
* Trucking and removal available.
* Open daily 9:00 to 5:00,
* 24 hour security.
MULTI-BUSINESS SELLER AUCTIONS EVERY WED AND BY SPECIAL SCHEDULE
19150 Territorial Road
Osseo, M~ 55369
Phone: 763-428-2271
Fax: 763-428-8355
Toll Free: 1-888-671-7640
Web Site: www.auetionmasters.com
FACSIMILE COVER SHEET
NUMBER OF PAGES (Including Cover Sheet)
SPECIAL INSTRUCTIONS OR COMMENTS:
!
~ ~Auction Masters - Planning an Auction Page 1 of 1
Upcoming Auctions
~Planning An AuctiOn
Why Choose Us
PhilosophYlGoals
Our Innovations
Our Facility
Directions To [Is
Bidder information
Homb,
Auction Masters
19150 Territorial Road
Osseo, MN 55369
Toll Free: 888-671-7640
Phone: 763-428-2271
Fax: 763-428-8355
sold@auctionmasters.corn
Why
When you contract Auction Masters,
you sign onto our professional~ism
and expertise developed over
35 futMime years, in t:he auction indust~.
Sell by Auction? UNLIMITED MARKET POTENTIAL
· Competitive bidding maximizes the selling price because every bi¢
bids their best price,
· Buyers experience the raise in price, which creates a sense
of urgency,
· Urgency and competition with multiple buyers results in Unlirnite
Market Potential
What
Are the Auction Steps? ASSETS TO CASH
Auction Masters Contact
Schedule Asset Evaluation
Submit Auction Proposal
Explain, Sign Contract
T oral Marketing Plan
S et up Auction
Telephone Blitz
Organize Catalog
Conduct Buyer Inspection
Auction Day
Secured Checkout
Handle Final Accounting
TURN YOUR ASSETS ZNTO CASH!
Call Greg or Denice 763-428-2271
http ://www. auctionmasters.com/planning.cfi-n 4/7/2004
Auction Masters - Upcoming Auctions Page 1 of 2
Planning Aa =AUctiOn
Why Choose Us
Saturday, April 17, 2004- 11:am
Ryland Model Home Furniture
Auction Center
19150 Territorial Rd.
Osseo, MN
Model Home Furniture & Decor
Directions To Us
Mailing USt
Bidder Information
Home
Auction Masters
19150 Territorial Road
Osseo, MN 55369
Toll Free: 888-671-7640
Phone: 763-428-2271
Fax: 763-428-8355
sold@a uctionmasters,com
Wednesday, April 21, 2004 - 5:pm
New Hardware Store Goods
Auction Center
19150 Territorial Rd.
Osseo, MN
3 SEMI LOADS
Wednesday, April 28, 2004 - 5:pm
New Office Furniture
Auction Center
19150 Territorial Rd
Osseo, MN
7 SEMI LOADS OF OFFICE FURNITURE & SUPPLIES
Wednesday, May 5, 2004 - 5:pm
Tools & Equipment Consignment
Auction Center
19150 Territorial Rd.
Osseo, MN
TOOLS, EQUIPMENT & ELECTRICAL CONTRACTOR CONSIGNMENT
AUCTION
Wednesday, May 12, 2004 - 5:pm
Trees, Shrubs, Plants
Auction Center
http://www.auctionmasters.com/auctions.cfin 4/16/2004
.Auction Masters - Upcoming Auctions Page 2 of 2
19150 Territorial Rd.
Osseo, MN
Wednesday, May 12, 2004 - 5:pm
Music Store
Auction Center
19150 Territorial Rd
Osseo, MN
Musical Instruments and Supplies
Wednesday, May 19, 2004 - 5:pm
Builders Outreach Fundraiser
Auction Masters
19150 Territorial Rd.
Osseo, MN
Building Materials
Model Home Furniture
Office Furniture
7777
Saturday, May 22, 2004 - ~LO:am
Tree &Shrub
Treemendous Nursury
10515 Troy Ln.
Maple Grove, MN
Outstanding selection of
TREES and SHRUBS
HUGE SAVINGS!
http ://www. auctionmasters.com/auctions.cfm 4/16/2004
Auction Masters - Planning an Auction Page 1 of 1
~ 6pc,~i~g ~u°n~
!~ Planning An Auction
Why Choose Us
PhilosophylGoals
Our Innovations
our Facility
:Mailing List ....
.ome
Auction Masters
19150 Territorial Road
Osseo, MN 55369
Toll Free: 888-671-7640
Phone: 763-428-2271
Fax: 763-428-8355
sold@auctionmasters.com
When you contract Auction Masters,
you sign onto our professionalism
and expertise developed over
35 fulMime years: in t:he au~ion indu:st~.
Why Sell by Auction? UNLIMITED MARKET POTENTIAL
Competitive bidding maximizes the selling price because every bic
bids their best price.
Buyers experience the raise in price, which creates a sense
of urgency.
Urgency and competition with multiple buyers results in Unlimite
Market Potential
What Are the Auction Steps? ASSETS TO CASH
Auction Masters Contact
Schedule Asset Evaluation
Submit Auction Proposal
Explain, Sign Contract
T oral Marketing Plan
S et up Auction
Telephone Blitz
Organize Catalog
Conduct Buyer Inspection
Auction Day
Secured Checkout
Handle Final Accounting
TURN YOUR ASSETS INTO CASH!
Call Greg or Denice 763-428-227:t
http ://www.auctionmasters.com/planning.c fm 4/16/2004
Auction Masters - Why Choose Auction Masters Page 1 of 1
Planning An A~ctl0n
Our Team Industries Served Clie
AUCTION MASTERS OFFERS MORE SERVTCES
THAN ANY OTHER AUCTION COMPANY
OUr Innovations
Our FaCility
Directions To tis
Mailing List
Auction Masters
19150 Territorial Road
Osseo, MN 55369
Toll Free: 888-671-7640
Phone:763-428-2271
Fax: 763-428-8355
sold@auctionmasters.com
AUCTIONS AT YOUR SITE
Asset Evaluation
Auction Setup Showcasing Items
Electronic Equipment
Powerpoint Presentations
Auction Catalog
Internet Bidding
Theater Seating
Secured Checkout
Full Service Clerking
Detailed Final Accounting
Final Clean Out
AUCTIONS AT OUR FACIL
All On-Site Services Plus
Metro Location
Multi-Business Seller Auctions
On-Site Storage
Trucking Available
Open Daily, Auctions Weekly
Ample Parking
Loading Docks
AUCTIONS AT ANY SITE
Industry Specific Marketing
Web Page on Auction Masters' Web Site
60 Mailing Lists of Proven Auction Buyers
Auction Marketing Specialist-27 Years Experience
Telemarketing
Photo Flyers
Ads in Targeted Newspapers and Trade Publications
Skilled Full Time Staff
43 Years Accumulated Auctioneer Experience
:[20 Years Accumulated Staff Experience
http ://www.auctionmasters.com/why.cfm 4/16/2004
Auction Masters - Our Innovations Page 1 of 1
Auction Masters
19150 Territorial Road
Osseo, MN 55369
Toll Free: 888-671-7640
Phone: 763-428-2271
Fax: 763-428-8355
sold@auctionmasters.com
OUR INNOVATION
MultM;>usiness Seller
Every We:lnesdcJy
yOUR NEED
* Securib/Ol your ":',
OUR INNOVATION
· Sec.md check.,out procedt
YOUR NEED
* F. xper,,sive,-lo m~ve equlp
o[ muliiple locoliorm
OUR INNOVATION
* D~gitol present~lkm at cemro~
oucdor~ site
OUR NEED
No s~oroge spoce f
inveFdo~ ('md equip
OUR tNNOVATI(
* Storoge o~' our l
untd ¢~; propriol~
YOUR NEED
* lr'~ventories '¢
',Nh'!~l [,
OUR tNNOVATtOi
D[str[b:ute over se
weeldy ot],:zl[on s
Use "opt~or~
time money"
SELL NOW! Call Greg or Denice at 763-428-2271
http ://www. auctionmasters, corn/innovations, cfm 4/16/2004
Auction Masters - Directions to Our Facility Page 1 of 1
UpComing AuctiOns
Planning An AuctiOn
Why ChoOse Us
Our Innovations
Our Facility
Directions To Us
M~iling List '
Bidder InformatiOn
Home
Auction Masters
19150 Territorial Road
Osseo, MN 55369
Toll Free: 888-671-7640
Phone: 763-428-2271
Fax: 763-428-8355
sold@auctionmasters.com
The Auction Center is Located at:
19150 Territorial Road
Osseo, MN 55369
AUCTION
'~'AsTERS
D150 Torritorlnl Road
Os~o, MN
OSth Ave.
Exit
From Minneapolis take 1-94 towards St. Cloud approximatly 20 mil
Exit 95th Ave., left to second stop light (County Rd. 30).
Continue 2 Miles on County Road 30 to County Road 101.
Right on County Road 101, 2 1/2 Miles to Auction Center.
http ://www.auctionmasters.com/directions.cfrn 4/16/2004
Auction Masters - Mailing List Page 1 of 1
~ Plan~ing An AuCtiOn
Why Choose Us
PhiiosophylGoals
Our InnoVatiOns
OUr FaCility
Directions To Us
Mailing List
Home
Auction Masters
19150 Territorial Road
Osseo, MN 55369
Toll Free: 888-671-7640
Phone: 763-428-2271
Fax: 763-428-8355
sold@auctionmasters.com
Thank you for your interest in being a part of our upcoming auction e-n~
When we add a new auction listing to our web site we will e-mail you a
summary of the sale. If you would like to add yourself to the list, please
the form below then press the "Subscribe" button.
Tf you would like to remove yourself from the list, please enter your infc
and then press the "Unsubscribe" button.
You will receive confirmation of your addition or removal via e-mail.
First Name:
Last Name: ~
E-IVlail Address:
City:
State: PeaseSeect ~
Please double check your information.
http ://www. auctionmasters.com/list.c frn 4/16/2004
TO:COLUMBIA HEIGHTS PD
POLICE
(and surplus City goods)
AUCTION
Wednesday, April 7, 2004
Inspection:
Auction:
3:00 PM
5:00 PM
Location:
Auction Masters
www.auctionmasters.com
19150 Territorial Road
Osseo, MN 55369
Ph. 763-428-2271 or 888-671-7640
Directions:
7 miles west of Osseo on Co. Rd. 81, then two
blocks south on Co. Rd. 101
Items to be sold at public auction include the following: Electronics,
tools, dozens of bicycles, miscellaneous surplus City supplies, and more!
Note: 10% Buyer's Premium
d~tl~. ZZ, /VV~f ~.~)OFl¥1 L, VVI~ rtr~rzuo [VLiVF I~JV, 011 r, I
TO'COLUMBIA HEIGHTS RD
POLICE
(and. surplus Ci~ goods)
AUCTION
D~ednesday~ April 7~ 2004
Inspection:
Auction:
3:00 PM
5:00 ]PM
Location:
Auction Masters
www.auctionmasters, corn
19150 Territorial Road
Osseo, MN 55369
l>h. 763-428-2271 or 888'671-7640
Directions:
7 miles west of Osseo on Co. Rd. 81, then two
blocks south on Co. Rd. 101
Items to be sold atpublic auction include the following: Electronics,
tools, dozens o£bicycles, m/scellaneous surplus City supplies, and more!
Note: 10% Buyer's Premium
APR 21,2004 07:13 I.M. Petorson Co. 6129268880 Pago 1
I.M. Peterson Co.
Auctioneers & Appraisers
P.O. Box 24735 * Edina, Mn. 55424
Tel: 612-819-3433 * EmalJ: hu:nJcf,},'ta;:ml.c(m~
'~0: Chief Tom Johnson
Col. Heights Police Dept.
RE: Proposal for Auction Service
Chief Tom Johnson,
As per our telephone conversation I'm sending you a Auction pr,posal fi~r selling
your itcm.~ at Auction. My understanding is that these items arc to be removed from
your premises and sold at our location at a later determined time,
Our services would include the following:
1. All labor to pickup and sell your items at Auction. Includes people and lruck
to pickup, unload and sell all items.
wc supply all advcr~slng, except whatever legal papers thc city needs to run,
this includes, Mpls Star Tribune, local newspapers, our mailing list and
wchsite.
3. Our commissi,n is 35% of thc gross proceeds of the Auction. There are no
o~her charges. Thc commission fcc cover~ everything.
4. If you have vehicles, and you bring them to our Iocalion wc charge $10.00 a
p~ece to sell them, if we transporl them, we charge $35.00 a piece to sell them.
5. We make paymen~ within 10 m 20 days from the Auction day. This enables
checks to clear, ccc.
If you have any questions please feel free to call me, if you need any references,
you can call Sgt. Mortenson at tile Lino Lakes Police Dcpt, or Laurel Anderson at
the Fridley Police Dept.
If you decide to go ahead wi~h ~he Auction [ will forward you a completed
contract stating thc above terms. At that time we wou~d sci a Auction date and day
to pickup the items.
"Do I hear one dolla"
Anoka B~g Lake
FACSIMILE TRANSMISSION
TOTAL PAGES INCLUDING COVER PA~E ~
FROM:
PERSON:
ANOKA - BIG lAKE AUCTIONS
17020 U.$, HWY, 10
BIG LAKE, MN 55309
FAX #: ~:.263.8442
CONFIRM #:
612-263-6800
FAX:#
CONFIRM #:
REMARKS
.,Y / ,,.~IrAXFORM. M$C
HKK--I~--~ IZ~J KI'! H~U&H ~ib L~K~ ~UCI1UN ~6~ ~65 8442 P.02
PERSONAL PROPERTY AUCTION CONTRACT
Agreement for Sale of Personal -,nd C~hattel Property by Auction
hereafter
called
Seller,
The auotloneer hereby agrees to use his professional skill, ~tnoe;ledge, and experience to the best ad-
vantage of both pM'ties in prepLcin8 for and cn_.n.~_~l~i~ the.
Tho seller hereby agrees to turn over and deliver to the auctioneers, to be sold at p~bllc auction the
items Iliad below and on th~ reverse side and atta~.hed slleets. No Stein shall he sold or withdrawn from
the sale prior Lo the auction except by mutual agreement between seller and auctioneer. If item lo sold
oF withdrawn- aAtctlonee~ shelf receive full commission on the item.
on the ..................... day or ..................... ~_ ..... And In caoe'o~ postponement ~ecause of
Inclement wea~er, said auction ~lI' take pl~e on later date agreeable to both parties. It ia mutually
agreed that all a~d goods ~ ~old ~ the highest bidder, wi~h the exception or items specified by ~eller
tn writt~ ~ be protested. Auc~io~er ~ rec~!~e ~t. com~s~ on ~y t~ wi~hdra~ from ~ate or
~ranaferred or sold within 60 ~ays ~ter the auction. ZC ts further mutually atreed that the auctioneers
may d~uct ~elr lee a~ act rate ~low ires ~he irols sales receipts, resultinw from ~id auction sale. ~e
auctioneers ~ree to turn ne~ p~ceeda from sale over to seller Immediately followin~ auction,
~a]e records and receipts, The seller agrees that all expenses incurred for the a~ver~sement, promotion,
and et conducting said au~ ~ail ,be fir~ paid fr~- ~he-p~c~ ~al~ from said auction before the
paymen~ and satisfaction of any ieina or enc~brance,.
~e seller covenants ~d ~rees that he has seed title ~rti~ ~ sell, and said ~oods are free
fr~ all Incumbrances e~ept aa follows: (If none ~l~--~-~
Item Mortgage or Leis ~lder Address A~rox~ate Unpaid Bal~ce
(~) .... }A~eer's ~Jgnhture) ........
Seller agrees to provide merchan~ble title to all Items sold and deliver title to purchasers, 6slier
agrees to hold harmless, the auetloneer~ a~alnit anF c~atms of the nature referred ~ In this contract.
::.~.. ~ee .......... ~~, ...... ~ ~ ~ ~///~ ~m ~/,; ~ ~,
o~.,~,.o.~.:.~~, .......... ~/u~ ~~/tk/'~5 0
{~1 ......................................................
(Beller'~ 8lBnature} (Telephone)
............................................... ~- .....
(Seller's ~Ignature~ (Telephone)
lbl~bblGD~
NILL~N AUUIlUN
10785 261st Ave,
~:immerman, Minnesota $5398
April 29, 2004
Columbia Heights Police dept.
559 Mill St. NE
Columbia Heights Minn. 55421
fax 763-706-3752
To Whom it may concern,
For consignment sales held at our building, our commission rates are charged on a per item basis. Items
selling for $1-200 are charged 20%, $201-400 -15%, $401-600 -10%, $60 l-g00 -5%, and any item selling for
SgOl and up are charged 0%. Our consignment sales have the buyer being charged a buy fee of 10%.
We will provide pick up of items. We use a 24ft enclosed trailer and charge $50/hour for pick-ups. This
price includes a driver only. If additional help is required, we charge $20/hour for each person .¥ehi¢le pick-up will
be done by a professional tow company. We bill that at cosl and don't make any profit on it. I estimate the cost to
be between $75-$I00 a vehicle.
Sincerely,
iller Auction http://www.hitlerauction.com/
Welcome to
Hiller
Auction
Service
"TEAM HILLER"
THE TEAM THAT MAKES
THIS BUSINESS A
SUCCESS
"From single items to entire Estates,
We're the only name you need to know"
Minnesota's Largest Snowmobile & A TV Auction Company
11 years in business
Full Time Professional Auction Company
We conduct auctions year round in our heated 7000 sq. ft. facifity
or at your site
Wireless computerized clerking for fast, accurate accounting
Same day settlements for most auctions
Auctions
May 1,2004
Hiller Auction Service, Inc
Auctioneer: Kevin Hiller #71-34
10785 261st Ave - Zimmerman, MN
763-856-2453 - 1-800-889-3458
khiller~:!hillerauction.com
Webmaster ,jgheckel~comcast.net
City of Coltunbia Heights
Public Works Department
Work Session Discussion Item
Work Session Date: May 17, 2004
Prepared by: Kevin Hansen, Public Works D~rector/C~ty Eng~neer~?~
Item: SAC / WAC Fees
Background:
As part of the recent utility rate study accepted by the City in December of 2003, the Council
directed staff to evaluate City SAC and City WAC charges as an additional source of revenue.
The City of Columbia Heights does not currently have in place a Sewer Availability Charges
(City SAC) and Water Availability Charges (City WAC). The City does have a Metro SAC
charge that is a pass-through cost to the MCES from the City. Typically, SAC/WAC fees are
one-time charges that are applied to new development or redevelopment at the time of building
permit. MCES uses the definition of a SAC as a user's 'portion of reserve capacity in the
Metropolitan Disposal Sewer System.' A detailed explanation of SAC charges is included on the
attached sheet from MCES.
Analysis/Conclusions:
The theory supporting establishing a SAC or WAC fee is to pay for capacity in the infrastructure
due to development or redevelopment in the service area. Columbia Heights is generally
considered fully developed with small areas of infill development, typically by lot splits or small
areas of empty property. The capacity of our infrastructure system has therefore been previously
defined, calculated and sized based upon past and present uses. The definition of SAC by MCES
has been upheld by the Minnesota Supreme Court, and will be used herein. Applying that
definition to potential areas of redevelopment in the City of Columbia Heights requires analysis
on a case-by-case basis, since our system is fully developed. This requires evaluating
development proposals and calculating the additional demand on existing infrastructure.
hnprovements identified based upon capacity needs could then be supported by SAC or WAC
charges. Am alternative to this would be to have Developers pay directly for any system
improvements associated with their Development proposals, as was done with the K-Mart
Redevelopment. Based upon a conversation with our City Attorney, it would not be supportable
to apply or require both.
The City of Columbia Heights does not have a City WAC and applies only $35 for a surcharge
on the MCES SAC. The City does incur expenses in administering the connections to the City
infrastructure system that are not recovered by permit fees. Examples of these are Public Works
time for record drawings, inspections, locates, administrative and overhead. On this basis, a
proposed range for City Cmmection Fees in the range of $200 - 400, each, could be considered.
Based upon an estimated number of new units in the range of 850 to 900 units
Item: SAC / WAC Fees
Page 2
over the next 5-10 years, potential revenue could be in the range of $18,000 to 36,000, almually.
Based upon the definition of SAC and WAC by MCES, it is recommended by staff to review
developments and conduct capacity analysis on a case-by-case basis. Any improvements to
the infrastructure system would then be borne by the developer based upon the capacity analysis.
hr~plementing large (some cities are as large as $3,000 to $4,000 City SAC and WAC fees need
to be supported by unused system capacity, which is difficult if not impossible to define in a fully
developed commmfity.
Staff recommends reviewing City Sewer Cmmection and Water Connection Fees based upon
staff costs not currently covered by other fees. For informational purposes, attached is a sheet
listing the SAC and WAC fees compiled by the League of Minnesota Cities, 2003 data. The data
is compiled based upon population ranges. It should be noted that most of the SAC fees shown
are pass thru's of the MCES regional SAC fee of $1,275 (2003 rate). Additionally, an
independent study was conducted in 2002 for SAC and WAC rates in Minnesota and Iowa,
averaging $498, each. The survey used information from 133 and 126 cities in Minnesota for
WAC and SAC fees, respectively.
Requested Action:
Consider implementing new City Sewer Com~ection Fee and Water Connection Fee in the
alTlount of $400, each.
Attachment:
MCES Definition
LMC SAC & WAC fee survey (2 pages)
HR Green Rate Survey (3 pages)
3. DESCRIPTION OF TIE SAC SYSTEM
The Service Availability Charge ("SAC") is similar to fees used by many wastewater utilities,
typically known as "impact" fees. SAC has been levied since 1973 by Meta-opolitan Conncil
Environmental Services (MCES) for new demand at the time of new connections or increased
volume use to the Metropolitan Disposal System (MDS).
SAC is assessed based upon the maximum potential daily wastewater flow, which is in mm
based upon the usage of individual properties. Single
family houses, townhouses, duplex units and most
apartments each eqUal one SAC per Dwelling Unit. One
SAC unit is defmed as 274 gallons of daily wastewater
flow volume. Commercial Properties are assessed SAC
units based on maximum potential daily wastewater flow.
Industrial Properties are assessed SAC traits based on
maximum normal daily wastewater flow volume
separately for process areas and maximum potential daily
wastewater flow volume for commercial areas.
3.1 History of the SAC Program
While SAC has been levied by MCES since 1973, it was not part of the original rate structure.
MCES, then called the "Metropolitan Sewer Board," was created in 1969 by Minnesota Statutes
§473.517 subd. (3), with mandates to provide service for the rapidly growing population in the
Twin Cities metropolitan area and to clean up the area's rivers and lakes. At the time the law was
passed, local communities in the area, straggling to keep up with rapid growth, were operating
more than 40 treatment plants. Many treatment plants served limited local areas, and they often
caused serious water quality problems in the lakes and rivers which received their effluent.
Heavy capital costs were inevitable as the Sewer Board needed to expand and hnprove treatment
and collection capacity for the area, to serve a population that grew 20 percent in the 1950s and
23 percent in the 1960s.
The qnestion facing the agency in the early days was how to pay for the share of capital projects
reserved for future users. Then as now, the "reserved" share represents excess capacity built into
the current capital projects, so that treatment plants and interceptors provide capacity not only for
today's population but for the population growth expected over the next 20 to 50 years.
The practice of building in reserve capacity is based upon experience and economy. With
prudent maintenance, interceptors more than a century old continue to provide service. The
physical sites of sewer pipes and treatment plants seldom change; so that major land acquisition
occurs only once per site. Further economies of scale in construction make it more cost effective
to provide some reserve capacity in these facilities at the time the facility is f~rst built, rather than
to make small, frequent expansions in capacity.
In 1971 and 1972, its fzrst two years of operation, the then-Metropolitan Sewer Board allocated
the cost of reserve capacity to individual communities based on each community's projected
demand. However, many communities, particularly those in the early stages of development,
Description of the SAC System, Continued
found it difficult, if not impossible, to pay lump-sum charges for reserve capacity. These young
commnnities often had neither the population nor the tax base to finance the cost of capacity they
would need in years to come. It quickly became apparent that an alternative method of paying for
reserve capacity had to be developed. Following intensive study and discussion with customer
co~mnunities, MCES developed the Sewer Accessibility Charge system of paying for reserved
capacity. The SAC system was instituted in 1973.
While the SAC system proved acceptable to communities in the early stages of development,
other communities challenged the SAC system in court. These communities characteristically
were mature and akeady developed. In a District court ruling, later upheld by the Minnesota
Supreme Court, the SAC system was found consistent with state law.
3.2 SAC Determinations
MCES is a wholesaler of wastewater services for the MDS. MCES collects SAC from, and
grants SAC Credit to, Local Governments. In turn, the Local Governments are responsible for
SAC collection from property owners. Generally, municipalities issue the permits (building
permits or plumbing permits) indicating that development or redevelopment is occurring and that
the demand for sewage service is likely to change. The change in demand triggers a SAC
Determination. MCES makes all Determinations for Industrial Properties, while Local
Government may make Commercial decisions based on MCES criteria and guidance. MCES will
assist communities in SAC Determinations, conduct them upon request, and will make the final
decisions regarding the correct number of SAC units to assess.
3.3 SAC Revenue
SAC revenue collected by MCES is used to £mance the reserved capacity portion of the capital
costs of the MDS, either directly ("pay-as-you-go" funding) or as debt service payments. The
remaining portion, representing used capacity, is paid by the communities through monthly
municipal wastewater charges.
IMDS Capital Costs = SAC + Monthly Sewer Charges
The per-unit Service Availa[~ility Chat'ge is determined and approved by the Metropolitan
Council ("Council"). The rate is dependent on various factors, including the annual SAC
requirement, the amount of the pay-as-you-go funding anticipated, the SAC reserve balance, and
the number of SAC units forecast to be collected within that period.
3.4 SAC Credits
MCES gives Local Government "Credits" for a permanent reduction in the wastewater capacity
needs of individual properties within the Local Government. These Credits reflect the amount of
capacity either used by the Local Government at the inception of the SAC program or the
amount of capacity for which SAC has been paid but that is currently unused.
This is the amount the Local Government can grow (measured by SAC units) without paying
additional MCES SAC. MCES SAC Credits do not have a monetary value and may not be traded
between Local Governments.
LEAGUE OF MN CITIES 65128112~ M.~
WATER: LOCAL WATER
CONNECTION CHARGE
--CITIES 0 - 2,500
ExCelsior
Spring Park 25
Sunfish Lake ne
Woodland
CITIES 10,00~0
Arden Hills 35
Centervllle 1,500
Cim~e Pines 850 WAC + 30.50 connection
Comorall !18
Dayton na
Deephaven na
Falcon Height~ 62 for 3/4" pipe; 115 for I" pipe
FannJngton 65
Forest Lake 1,20C)
Ham Lake ne
Huge 2,050
Independence na
Jordan 1.975
Lake Elmo 10D
Little Canada 300
Mahtome~i 1,28o
Mound 240
New Prague 1,000
Newport 1,500
Norwood Young A 1,750
Oak Grove na
Oak Pa~ Heights 4~750/a~e
Oror~o na
Osseo 1,260
Shomwo0~l 5D/inside 60/outside
bt. Anthony 200
SI. Francis 1,600
St. Michael 2,045
St. Paul Pad( 2S0
Victoria 4,500
Waoonia 2,~.0o/bunk
Wayzata 1.600 per 8AC
CITIES 10,000 - 20,0~0
'Andovei'
50 ~* .§0 sumharge
Anoka 1,0O0
ChamplJn 2,100/ene time
Cha~asaen 1,aTe
Chaske 2,730
Columbia Heights 3S/water insp 35/lap 3.~lcerp
Hastings 1,176~N'AC
line Lakes 125
Mandate Heights 10
Mountie View 275
North St. Paul na
Northfleld
Prior Lake
Ramsay
Robblnsdale
Rosemount
Savage
Shekopee
Stil~water
West St. Paul
included with
51~r'~er pem~l~ + WAC 1
1,150
1,273,34
1 ~225.00
567
eOO/WAC 30o/wa~er meter
CITIES OVER 20,000
Apple Valley
Blaine
B~Dernington
Brooklyn Center
Broakl~ Pa~k
Burnsvilfe
Coon Rapid,,
Cottage Grove
Cr~tal
Eagan
Eden PraMe
Edlna
Fridley
GoMan Valley
laver Grove Hgts.
Maple Grove
Maplewoed
MinnMonka
New Bright~n
New HoI:~
Oakoale
Plymouth
Roaoville
Shoreviaw
SOuth St. PaUl
8L Louis Padc
St. Paul
White Bear Lake
535/per 8AC unit
7Blpermlt for waterlaawer conneXIon
1,275
50
948
nf
city ha~ detail
2,190
1,0o011ot on new subdivision
2,5.50 + cost of meter
65.50
1,3g0/one ~me fee
1,400
150
varies based on project
50
100
50
63O
$0
15.50
Inclu~l in bldg permit fee above
otherwise 27S/aa
# aneal it x 14 ~ assessments not pd
LEAGUE OF MN CITIES ~12811299 P.O~
SEWER-LOCAL SEWER
CONNECTION CHARGE
CITIES 0 · 2,500
Excelsior 300
Spring Park 25
Sunfish Leks na
Woodlana na
CITIES 10,000
Arden Hills 35
Centerville 1,275
Circle Pines 1,2751SAC + 30.50 connection
Corcotar~ na
Daylon na 75.100/~eptic system
Deephaven 1,250
Falcon Helghis 25
FarmlllgtOrl 85
Forest LaKe 1,275
Ham Lake na
Hugo 2,0,50
Indepe~,dence 100
Jordan 4,000
Lake Elms IO0
Little Canada 260
Mahtomadi 4;30
Mound 240
New Prague SOO
Newport 1,50D
Non~od Young A
Oak G~ove na
Oak Park Heights 2,?301acre
Orono na
Osseo 476
Shote~n0od 150
SL Anthony 150
St. Francis 2,800
St. Michael 4,053
St. Paul Park 200
Victoria 2,675 (SAC 1,275, sewer core 1,400)
Waeonla 400/tronk
Way'zeta 400 per SAC
CITIES ~10,000 - 20,000
Andovar
Anoka
Chetnplin
Chanha$~en
Cheeks
Columbia Heights
Hastings
Hopkins
Uno Lakes
Mandate Helgnt~
Mounds View
Noffh ~t. Paul
.'40 41.50 Sumhmge
1,275
1,275/one time
t,440
210
1.275/SAC 35/Sewer insp
6251sewer connecfion
1,275
log
25
1
t ,275
Northlield
Prior Lake
Ramsay
Robbln~lals
Rosemount
Savage
8hakopee
Sflllwatar
We~t St Paul
10.50
800
5D/sewer permit + SAC 1.275 SAC
Handle fee/190
328.~4
1,225.00
1,275/~AC 100/Sewer connection
750
CITIES OVER 20,000
Apple Valley 2501per SAC unit
BI,aloe t ,275
Bloomington 1,275
Brooklyn Canter 1,50Ohxmne~on WAC charge
l~rooklyn Park na
Bucnsville 23g
Coon Raph:ls 50
Coflage Gmv~ 286
C,'ystal 1
Eagan city has detail
Eden Prairie 520
Edlna 1,00011or on new eubdlvision
Frklley 25.50
Golden Valley, 65.50
Ii'wet Grove Hgt. 23,5'one time fee
Maple Grow 46,5. 585
Maplewood 1,275
Minne(onka varies based on project
New e~ghton 50
New Hope 100
Oakdale 80
PlymolJth 370
RioMield 50
Ro~eville 16.50
Shorevlew Included in bldg permit fee above
otherwise 275 ea
South ~t, Paul f~ lineal ftx 15 if assessrrmnts not
paid
St, Louis Pink 1,275
St. Paul na
Whit~ Bear Lake 300
Following are results of the Howard R. Green Company (HRG) 2001-2002 Rate Survey
of municipal water, wastewater and storm water rates. HRG would like to thank all of the
communities and indMduals that participated in this survey; we believe the report will be
a valuable tool for superintendents, utility personnel, city managers and elected officials to
use for comparative purposes.
Method
Surveys were sent to a total of 920 communities in Iowa and Minnesota, with populations
ranging from 102 to 414,735. Surveys were sent as a set (water, wastewater and storm
water), with respondents having the option of returning any or all surveys appropriate
to their area(s) of responsibility. Although multiple contacts were made with some
communities, only one response for each survey was recorded. If multiple responses to
the same survey were returned, HRG used the first one received. Responding to the rate
survey required a fair amount of effort on the part of the communities and we are grateful
that more than 30% of the surveys were returned. All data were collected and entered
into a Web-based database application. Copies of the survey formats used are included
in the Appendix.
A variety of billing methods were encountered in the returned surveys. For example,
billing cycles included monthly, bimonthly and quarterly. Rates also varied by the flow
units used in calculating the bills for water and wastewater (typical volume units were
cubic feet and gallons). All water and wastewater rates in this survey are presented as rates
per 1,000 gallons, based on monthly usage of 10,000 gallons per customer or account.
Calculations of rates for usage of 10,000 gallons per month were made by HRG, based on
information provided in the surveys. Surveys with incomplete information that did not
allow for calculation of this amount were discarded, as were surveys that indicated service
was provided by an independent resource, with no rate information available. In order to
allow comparison of all communities for this report, the following unit conversions were
used to convert all data into gallons per month: 1 cubic foot = 7.481 gallons; I quarter =
3 months. Unless otherwise indicated, the charts and graphs contained in this document
represent findings for Minnesota and Iowa combined.
Service area populations were provided by the respondents. Where this information was
not included, Iowa League of Cities and League of Minnesota Cities population data for
2001-2002 were used.
Note: All data presented are consolidated and do not reflect any indMdual community's
data. If you are interested in obtaining specific comparisons between your community and
others in your population range or geographic area, please contact HRG marketing at
800-728-7805 or marketing~hrgreen.com.
Howard R. Green Company
.M.un.!~!pa! Ra~e surv~ ey:.2001-2~02 U.]: VVA~E~_RAT~$
M~nim~m Oharge
Eighty-right percent (88%) of communities have a monthly or quarterly minimum charge
for water service. Of those communities who charge a minimum charge, 67% associate the
charge with a volume usage (i.e. $10.00/month minimum charge includes usage of 2,000
gallons; usage of more than 2,000 gallons is charged at the $/1,000 gallons rate). Thirty-
three percent (33%) of respondents with minimum charges charge a fiat rate that does
not include any water usage.
Water Access/Hook-up Charges
Water access/hook-up charges are generally used to help cities fund capital improvements
needed to support growth in the service area and expansion of the infrastructure that results.
Water access/hook-up charges in Minnesota average $498.23. Charges range from as
high as an average of $759.02 for communities in the 2,501-5,000 population range to as
iow as an average of $326.67 for communities in the 5,001-10,000 population range.
The overall average for water access/hook-up charges in Iowa is $78.70. Charges range
from as high as an average of $126.14 for communities in the 5,001-10,000 population
range to as low as an average of $23.14 for communities in the 20,000+ population range.
Special Use Features
Special rate features are special rate categories or surcharges for specific uses or to target
seasonal water usage variations. Overall, only 34% of the communities in our survey
employ special use features, but that percentage goes up in larger communities. Sixty-one
percent (61%) of communities with populations of more than 5,000 have special use
features. The most common special use features include a second meter for irrigation,
lawn watering, filling swimming pools, etc. Water usage on the second meter is generally
charged at a discounted rate or given a credit on sewage/wastewater charges. Most
communities do charge for installation ora second meter. Some communities also have
special rates for bulk water purchases.
Seasonal Rate Features
Only 15 communities in our survey reported seasonal rate features. Virtually all of
these charge higher rates during the summer months, presumably to encourage water
conservation. A handful of communities also set fees as a percentage of service based on
the lower usage during winter months, rather than averaging the whole year. Two-thirds
of the respondents with seasonal rate charges are in Minnesota.
Howard R. Green Company
Additional Information
Treatment Methods By Population Range
Population Ponds and Mechanical Pumping Only/
Range Lagoons Treatment No Treatment
0-2500 104 (74%) 35 (25%) 2 (1%)
2501-5000 4 (13) 22 (71) 5 (16)
5001-10000 3 (8) 28 (78) 5 (14)
10001-20000 0 (0) 13 (68) 6 (32)
20001+ 0 (0) 12 (48) 13 (52)
The smallest communities in our survey (0-2,500 population range) predominantly use
ponds and lagoons for wastewater treatment, and most others use mechanical treatment.
Communities of 20,001+ in population that indicated they do not treat their wastewater
or do pumping only are Minnesota communities that receive treatment services
from Metropolitan Council Environmental Services (MCES) in the Twin Cities.
Minimum Charge Range
Fifty-six percent (56%) of respondents indicated that they apply a minimum charge
for sewer service associated with a specific volume usage (i.e. $10.00 monthly charge for
2,000 gallons usage; usage over 2,000 gallons charged at $/1,000 gallon rate). Twenty-nine
percent (29%) of respondents applied a minimum charge that was not associated with any
usage volume. Another 15% of respondents charged a flat rate for sewer service or a rate
associated with water bills (i.e. sewer charge is 80% of water bill).
Sewer Access/Hook-up Charges
Sewer access/hook-up charges are generally used to help cities fund capital improvements
needed to support growth in the service area and expansion of the infrastructure that results.
Sewer access/hook-up charges in Minnesota average $498.23. Charges range from as high
as an average of $759.02 for communities in the 2,501-5,000 population range to as low as
an average of $326.67 for communities in the 5,001 to 10,000 population range.
The overall average for water access/hook-up charges in Iowa is $78.70. Charges range
from as high as an average of $126.14 for communities in the 5,001 to 10,000 population
range to as low as an average of $23.14 for communities in the 20,000+ population range.
Howard R, Green Company
CITY COUNCIL LETTER
Meeting of: 5/17/04
AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS ,~5~ff3,.~
ITEM: Infiltration / Inflow Program: Sump Pmnp BY: K. Hansen ~ BY:
Disconnect Program Development DATE: 5/14/04w-~ DATE: .~/k.{~O
Background:
Over the last several decades, the City of Columbia Heights has experienced localized flooding from surface water and sanitary
sewer system overload (backups). The last of these and one of the most severe was the severe rainfall event occurred the evening
of June 24a' and early morning of June 25, 2003, measuring 5.47 inches of rain in a 3-hour period (exceeding a 100-year storm
event). Several short term and long te~n remedial measures were identified by staff with the last of these for consideration by the
City Council to Develop an Illicit Discharge Elimination Program; focusing on a Sump Pump Disconnect Program.
Analysis/Conclusions:
The type of storm that have the greatest impact on our sanitary system are the high intensity / large peak, resulting in a short lag
time to when backups occurred in this area, system inflow and to a lesser extent infiltration are the likely cause. Inflow and
infiltration (I/I) is unnecessary water that enters the sanitary sewer system, but can be completely separate in origin. Inflow is storm
water runoff or any other surface water that flows through a direct connection to the sanitary system. This may occur as a result of
connected downspouts, area drains, holes in the manhole covers, cross connections from the storm sewer, or connected sump
pumps. Infiltration is groundwater that enters the sanitary collection system through cracked pipes, leaky joints and deteriorated
manholes. A graph depicting the relationship of I/I to regular sanitary sewer system flow is attached as figure 1.
To meet mandated federal requirements, the City conducted an I/I study in 1983. The study noted that 'many of the rainfall related
problems associated with inflow occur in the Jackson Pond area,' and 'basements have backed up 7 times in the last three years and
approximately 22 to 25 residents are affected by a 1-1/2 inch per hour rain.' The study concluded that the City of Columbia
Heights does not have a major I/I problem, and that 'the system is adequate to handle the peak-flow rates generated during the
design storm,' but that certain areas (5 of 15 sanitary zones) of the City may benefit from a flow reduction program. A flow
reduction program was identified recommending comprehensive cleaning and televising, manhole lid/fi'amp replacements, linings
of sanitary sewer, and inflow reduction. The estimated cost to perform all of the recommendations in the report to reduce I/I was
$5,688,020 (1983 dollars). The City of Columbia Heights has performed and continues to implement many of the recormnendations
of the 1983 report.
Develop an Illicit Discharge Elhnination Pro,Tam: An Illicit Discharge Elimination Program is an involved remediation measure,
and can also be very expensive. The ultimate goal of this program would be to systematically eliminate to the public sanitary sewer
system sources of illicit connections from private sources, such as sump pumps, foundation drains and leaking service lines. All of
the physical remediation measures identified to date involve reducing or eliminating I/I in the public system. The MCES and the
Rural Water Association have estimated that I/I in the private domain can account for up to 60 or 70 percent of the total I/I in a
municipal system. The LMC has prepared a fact sheet related to an Illicit Discharge Program, a copy of which is attached fi'om
Ellen Longfellow, LMCIT Loss Control and Defense attorney. A recently completed sump pump disconnect program (Waseca)
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 5/17/04
AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: Infiltration / Inflow Program: Sump Pump BY: K. Hansen BY:
Disconnect Program Development DATE: 5/14/04 DATE:
found that nearly 70% of the remaining I/I was from privately generated sources. The following steps outline an approach to
develop and hnplement such a program:
a. Sump Pump Disconnect Ordinance Development
b. Public Education
c. Public Informational Meetings
d. Advertising Campaign
e. Training of City Staff, Local Plumbers, and Contractors
f. Site Inspections, Disconnections, and Reinspections
g. Enforcement
h. Other (potentially smoke and dye testing of non-residential properties)
The first step in developing a program is the developing an ordinance that establishes the authority to perform inspections and also
require property owners to physically disconnect any illegal connections from the sanitary sewer line. A review of communities that
have implemented sump pump ordinances is attached for reference. Particular to a sump pump disconnect ordinance is any
financial assistance that connnunities may offer for the physical disconnect when illegal connections are found, and a penalty clause
after a reasonable amount of time is allowed and the disconnect has not been completed. An ordinance also establishes the authority
for City personnel to perform the initial and follow-up inspections. Another consideration is if the program would be set up actively
on a Citywide basis or focusing on specific areas previously identified, such as fi'om the 1983 detailed study. A copy of the 5 areas
identified to benefit from further inflow reduction is attached.
Requested Action: Provide direction on the development of a Smnp Pmnp Disconnect Ordinance, Public Education
Program, and Site Inspection Progrmn.
KH:kh
Attachment:
Figure 1 - I/I relationship to sanitary flow
LMCIT Article
Community List
Map of Inflow areas (1983)
COUNCIL ACTION:
F RAINFALL
EVENT
~/--ESTIMATED OR MEASURED
BYPASSED FLOW OR OVERFLOWS
I [ ,/ /.-.NORMAL DRY WEATHER
'// \k/:--/ / SEWAGE RECORDED FLOW PRIOR PATTERN TO
NFLOW . , \/,/
I / iNFLOW V~
,,., '/~~' / RAIN~ALL EVENT
MID NOON MID NOON MID
O I ~
TIME IN DAYS
FIGURE 1
GRAPHIC IDENTIFICATION
OF
INFILTRATION / INFLOW
Ma~ 14 04 Ol:13p p.2
C
145 University Avenue West, St. PaN, MN 55i03-2044
Phone: (612) 281-1200 - (800) 925-1122
Fax: (612) 281-1299 ' TDD (612) 281-1290
Don't Get All Wet;
Legal Issues Related to Inflow and Infiltration
by
Ellen A. Longfellow
LMCIT Loss Control Attorney
January, 1998
Introduction:
Now that we have learned what infiltration and inflow are and how m eliminate the
problems, let's discuss the legal issues involved in the problems and the solutions.
I. Liability Issues if there is Inflow and Infiltration
A. Act of God or Nature
This defense can be a basis for the case to be dismissed if the city can show that
the sole reason for the sewer backups or other problems was an extraordinary rainfall.
Extraordinary rainfall - Was it an amount of rain that the city should normally be
expected to anticipate its system to handle7 100 year rainfall, 50 year rainfall
Source of water - Generally, a sanitary sewer system is supposed to be a closed system,
how did the storm water get into the system? If storm water went into resident's
basements and then into the floor drain or if the manhole covers were lifted to allow the
storm water into the sanitary sewer system, there would be a good Act of God defense.
If there is inflow and infiltration into the system that could be viewed as negligence then
this defense would not be available. The Act of God defense only works by itself.
B. Discretionary Immunity
Under Minnesota Statute 466.03, subd. 6, the city could be dismissed if it can
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Na~ 14 O~ Ol:14p
show that the reason why it has not corrected any inflow and infiltration problems is
because of a discretionary decision which is defined as a policy decision made by
weighing financial, social and/or political factors.
For example, a city knows that its system is old and has cracks throughout the lines
that allow storm water to get into the sanitary sewer system. The city has notice of the
problem but it orders an engineering study to provide options for correcting the problem.
The study says that the remedy is to replace all of the sewer lines and that it will cost 10
million dollars. The city does not have the money to do that so it corrects the worst lines
with the money that it does have and then develops a long term plan to replace the sewer
lines over a ten year period of time. If the city has documented the discretionary
decisions in this process, it may be granted discretionary immunity.
C. Negligence Standard
Was the city negligent in regard to the storm water in the sanitary sewer
system? Did it fail to exercise reasonable care?
The factors to show negligence are:
I. Defect - Was there a defect in the system? Was there an inflow / infiltration
problem?
2. Notice - Did the city have notice of the problem? Had there been prior
problems? Had the city had similar rainfalls that caused.the same problems that
would have indicated an inflow/infiltration problem? Had the city ever had an
engineering study done outlining inflow / infiltration problems?
3. Failure to correct the problem within a reasonable time; Had the city tried to
correct the problem? Did it have a plan to fix it over a period of.time?
4. That failure caused the damages
II. Administrative Liability for Inflow / Infdtration
Minnesota Pollution Control Agency - Generally, the PCA does not have the
authority to regulate the condition of the sanitary sewer collection lines. If as a result of
the condition of the sanitary sewer system, there are overflows of the wastewater facility
or the lines into the environment, the PCA may impose fines, penalties or restrictions on
future const~ction. The PCA has fi-is authority render Minnesota Rules 700 [,I 030 and
7050.0210 - .0211. For example, in Duluth, the PCA placed restrictions on any
extensions of the city's sewer system until the inflow / infiltration problem was
corrected.
2
III. Legal Authority for Cities to Inspect Private Property -
Often sources of inflow into the city's system are illegal private connections of
sump pumps or rain leaders into the city's sanitary sewer system. In order to identify the
source of storm water, the city must inspect private property. The city can provide
authority for such inspections in its sewer ordinance. If someone wilI not consent to such
an inspection, the city will have to obtain a search warrant from a court.
Legal Authority to Pay for Remedies for Private Property
In order for a city to make a valid expenditure, it must be:
A. For a public purpose;
The city must articulate that even though it is purchasing sump pumps for private
citizens, it benefits the public as a whole by reducing the wastewater treatment
costs and eliminating the storm water from the sanitary sewer system.
B. Authorized by state statute.
The City of Duluth obtained special legislation authorizing it to use grant money
for sump pumps for private property owners.
3
t~eague of Minnesota Cities
STOP TI-W~ WATER1!
Ellen A' Longirellow, LMCIT Loss Control' and Defense Attorney
It rains 3 inches and your sanitary sewer system is overwhelmed." Water is backing up into
citizen's basements. What should the city do?
Many Minnesota cities experienced this situation many times over the last few years. If there
are sewer backups as a result of a rainfall, it means that storm water is somehow getting into
the sanitary sewer system. This means increased costs for treating the storm water and also
increased risk to the city for liabili, ty for sewer backups and other damages as a result of the
sanitary 'sYstem being-OVerbUrdened with StOrm'Water.
LEGAL ISSUES
Negligence Standard - Did the city exercise reasonable care?
a. Was there a problem in the city's system? e.g. inflow or infiltration
Did the city have notice of the problem? Had there been similar rainfalls in
the past with similar results so the city knew that storm water was getting into
the sa~..itary sewer system? Had the city ever'had an engineering study done
outlining inflow and inf'fltration problems?
Co
If there was notice, had the city done anything to correct the problem? Did
the city have a plan to correct the problems over a period of time based on
finances and personnel?
Act of God Defense
This is possible if there is n° evidence of negligence in conjunction with the large
rainfall.
3. Discretionary Immfinity - Minnesota statute 466.03 subd. 6
Were decisions on this problem made at a policy making level based upon socSral,
political or economic reasons? Can this be documented?
WHAT SHOULD THE CITY DO?
Solve the immediate problem
This may include pumping water out of the sanitary system. This could be done into
trucks if available. If no trucks are available, then the city could pump the water into
the storm sewer or other outside location if it contacts the Minnesota Pollution Control
Agency for permission for an emergency bypass.
27
Ma~ 14 04 Ol:13p p.1
Investigate long term solutions
Pass an ordinance making it illegal to put storm water into the sanitary sewer
system. Many cities w~io received grants from the Minnesota Pollution Control
Agency for their wastewater treatment plants already have a comprehensive
ordinance dealing with their wastewater systems tha, t include such a provision.
One of the problems with many existing ordinancei is that there is no effective
enforcement mechanism. Often, the only penalty is that it is a criminal
misdemeanor which is seldom prosecuted. Many cities have passed new
ordinances that deal specifically with sump pumps and rain leaders and provide
for a civil fine. ($75. or $80. per month) Any ordinance should also provide
that the city will be able to inspect for illegal connections.
Plan and budget for long 'term repairs of the sanitary sewer system
HOW IS THE STORM WATER GETTING
INTO THE SANITARY SEWER SYSTEM.
Infiltration
Cracks in pipes or connections
Inflow
Water goes directly into the system.
The primary muses of inflow are rain leaders
and sump pumps that are connected to the sanitary sewer system.
HOW DO YOU FIND OUT WItER.E THE STORM WATER
IS COMING INTO THE SANITARY SYSTEM?
TELEVISING
If you televise the lines.when it rains, you can see where the water is coming into the
lines.
SMOKE TESTING
Smoke is put into the lines and you cma then see where the smoke comes out. This
shows where the connections and cracks are located.
DYE TESTING
Dye is put into the storm water locations such as drain tiles and sump pumps. If that
dye ends up in the sanitary sewer system, it shows an illegal connection to the system.
28
INSPECTION
ao
Establish an ordinang, e provision requiring people to submit to an inspection.
Train city employees and budget time and money i~)r such inspections or hire a
private company to do the inspections. ,'~';
Alternatively, require certification ..from private plumber that sump pump is
disconnected.
WHAT DO YOU DO WHEN YOU KNOW'WHERE THE PROBLEMS ARE?
CORRECT ANY OBVIOUS.PROBLEMS such as manholes or specific, pipes or
problems on city property. Develop a long term plan for costly repairs. Such a plan
based on finances and political reasons could support a discretionary immunity
defense ....
SUMP PUMPS AND RAIN LEADERS FROM PRIVATE PROPERTY
It is important to make people realize why illegal connections of sump pumps are a
problem. Develop a public relations 'campaign to outline why they are a problem.
Emphasize the sewer backups that have occurred and the increased costs of wastewater
treatment. T.he following are ways that some cities have informed their citizens about
this issue:
Separate mailings
Brochures sent with utility bills
Discuss the problem at council meetings
Newspaper ads or articles
By informing people of the problem, hopefully the city can convince people to
voluntarily disconnect 'their sump pumps and rain leaders. This information can also
may make it easier for inspections in that people may be more willing to grant
permission for the inspections. ~ '
Be prepared to ENFORCE YOUR ORDINANCE
a. Send out letters with deadlines.
If the ordinance makes it a criminal misdemeanor, then work with the city
attorney for prosecution.
If the ordinance provides for civil fines, follow the ordinance's procedures and
assess the fines.
29
.CIT~ OF COLUMBIA HEIGHTS
Public Works Department
TO:
FROM:
SUBJECT:
Kevin Hansen, Public Works Director'
Schawn Johnson, Public Works Administrative Assistant :s(~r~
Listing of Communities that have Sump Pump Disconnect Ordinances
As requested, please find a listing of the communities and the year that they implemented a sump
, · pump disconnect ordinance for your review.
1. City of Sleepy Eye, MN 1991
2. City of Waconia, MN 1991
3. City of Lino Lakes, MN 1991
4. City of Albertville, MN 2002
5. City of Kerkhov~n, MN 1999
6. City of Luverne, MN 1994
7. CityofJordan, MN 2002
8. City of New Hope, MN 1983
9. City of Golden Valley, MN 1990
10. City of Maple Grove, MN 1984
11. City of St. Paul, MN 1987
12. City of Edina, MN 2000
13. City of St. Anthony, MN 1998
14. City of Crystal, MN 2002
15. City of Minneapolis, MN 2003
16. City of Fridley, MN 1993
17. City of Farmington, MN 1993
18. City of Eagan, MN 1995
19. City of Brooklyn Park, MN 1998
20. City of Brooklyn Center, MN 2001
FRIOLEY
HILLTOP
I§
FRIOLEY
I0
MINNEAPOLIS
COL~JMB!A HEIGHTS-
HILLTOP, MN
1600' 0 1600'
BASE MAP SOURCE: MINNESOTA DEPARTMENT OF TRANSPORTATION
FIGURE 12
COMMUNITY LEAST-COST
ALTERNATIVES
ALTERNATIVE A
ALTERNATIVE B
ALTERNATIVE C
City of Columbia Heights
Public Works Department
Work Session Discussion Item
Work Session Date: May 17, 2004 ~
Prepared by: Kevin Hansen, Public Works Director/City Enginee
Item: Policy for Sanitary Sewer Assistance - CONTINUATION
Background:
The City of Columbia Heights' san/taw sewer system has periodically experienced sm'charging at various locations
throughout the City and at various times in the last 30-40 years. A consequence of this is flooding or backups into private
property through the sanitary sewer services. One of the most recent and more severe of these occtu-red in 2003 after a
severe rainfall the evening of June 24th and early morning of June 25, measuring 5.47 inches of rain in a 3-hour period
(exceeding a 100-year storm event). As a direct result, several areas of the City experienced localized flooding fi-om
surface water and sanitary sewer system overload (backups). We have also had a recent backup in the 49xx Block of
Madison Street.
Analysis/Conclusions:
This item was previously tabled to a work session and discussed, but not acted on, at the April 12ti' regular City Council
meeting. Staff has developed a policy addressing assistance during instances of sanitary sewer backups into private
property, a copy of which is attached. To provide some background, the following is a listing of the number of backups,
both public and private, that we have responded to over the last 4 years:
Public private
2003 31 37
2002 30 46
2001 13 29
2000 14 36
The City of Colmnbia Heights averages 20-22 backups on an annual basis. The attached policy addresses assistance with
the h~itial cleanup after a backup that would allow a conta'acted cleaning service to respond to individual properties with
professional services, assistance and advice. Professional frans are trained in this type of cleanup and have hygienists on
staffthat can answer and provide more detail on resident questions. The policy provides for a dollar cap reconm~ended
$750, based upon prior discussions with the Council, per property. The City of Columbia Heights has not cleaned
basements that had experienced san/taw sewer backups since the early 1990's. Since then, the city has limited it's
assistance to offering cleaning solution and aerosol spray disinfectant to residents that have had sanitary sewer backups.
We have also contacted the League of Minnesota Cities and they are unaware of any city that currently provides
staff for cleanup assistance. Their search included 853 Cities in Minnesota. Staff has also called/contacted multiple
cities (listing attached) to further discuss how sanitary sewer backups are handled. From the cities contacted, there
are two methods: 1. Through the insurance carrier, or 2. Pay for an outside cleaning service for contracted
services. The cities of Fridley, Hastings, and Richfield pay for the amount of cleanup costs, using a Contracted
Cleaning Service, without a cap or linfit. The proposed policy would provide for a monetary reimbursement ofnp to
$500 for each occurrence ora backup resulting from a plug or blockage in the public line. It would not apply if the plug
or blockage were in the privately mah~tained sewer service. The reimbursement would be for cleaning services or for a
homeowner's insm'ance policy dednctible, if applicable. Also attached is a 2003 memo from our insurance carrier, the
LMCIT, providn/g infonmtion on clean-up assistance.
IGt:jb
Attaclunent:
Proposed San/tary Sewer Baclatp Assistance
City smwey
Not approved Not for distribution
1.0
2.0
3.0
4.0
5.0
CITY OF COLUMBIA HEIGHTS
Sewer Backup Clean-up Assistance Policy
OBJECTIVE:
It is the intent of the City of Columbia Heights to provide cost effective and
uninterrupted public sanitary sewer service to the residents of Columbia Heights,
and minimize the nmnber of overflows mhd sanitary sewer backups into private
homes mhd businesses.
POLICY:
Where backups do occur and are a direct result of a blockage, malfunction or
hydraulic overload of the City's Sanitary Sewer System, or PUBLIC SYSTEM,
the City of Columbia Heights shall provide initial clean-up assistance in
individual properties for Health, Safety & Welfare purposes.
ORGANIZATIONS AFFECTED:
Property Owners of Columbia Heights who have experienced backups from the
PUBLIC sanitary sewer system.
APPLICABILITY:
Administration, Finance, mhd Public Works Departments.
PROCEDURES:
5.1 Property owner or occupant shall notify the city immediately upon the
discovery of a sanitary sewer backup.
5.2 Public Works Department will be notified of the sewer backup and
dispatch a crew irmnediately to inspect the situation.
5.3 Public Works shall determine if a sewer backup in the city is caused by a
malftmction or hydraulic overload of the city's sanitary sewer collection
system; and if so:
5.3.1
The City shall assist in initial cleanup procedures through a
contracted cleaning company. Initial cleanup procedures are
defined as:
a. Wet-extract carpet and floors.
b. Sanitize and deodorize carpet (doesn't include cleaning)
c. Sanitize and deodorize floors.
d. Clean and sanitize walls, if needed.
5.3.2
The City of Columbia Heights will pay for the first $750 of
cleaning services per property per occurrence. In the event that the
homeowner has insurance that covers backups, the City will
reimburse any insured party for any homeowner's insurance
deductible paid for clean tip and disinfection services performed by
a pre-approved sewer cleanup service, up to a maximum of $750.
Not approved Not for distribution
5.4
5.5
5.6
5.7
5.3.3
The property owner or occupant shall, prior to the city performing
any work, hold the city harmless from any damages that might
occur during the work and give written attthority to enter the
premises to perform the work and to inspect the premises after the
work has been performed. The property owner or occupant shall
also assign to the city any claim it has for recovery of costs to
eliminate the health hazard.
Any contractor perfonning work for the city or a private property owner in
Columbia Heights that results in a sanitary sewer backup shall reimburse
the city for cleanup costs and staff time, if it is detenrfined the contractor
or subcontractor is responsible for causing the sanitary sewer backup.
The City of Columbia Heights will not be responsible for costs associated
with the following circumstances:
5.5.1
5.5.2
Damage to personal or real property associated with a sewer
backup that was caused by the property owner's PRIVATE
salfitary sewer line. A PRIVATE sanitary sewer line is the service
line from the sewer main to the house.
Sewer backups caused by flood or other catastrophic acts of God.
Columbia Heights designated staff will review each sewer backup case
that was caused by a plug in the City's main sewer line and detennine if
the property owner or occupant will be reimbursed for the cleaning costs
or the insurance deductible paid for clean up and disinfection services if
such a backup arose or was caused by a malfunction or hydraulic overload
of the city's sanitary sewer collection system.
In areas of Colmrtbia Heights that have been determined by the City
Engineer to experience salfitary sewer backups, drainage piping servicing
fixtures wlfich flood level rims located below the elevation of the next
upstream lnanhole cover of the public sewer servicing such drainage
piping shall be protected from backflow of sewage by installing an
approved type of backwater valve. If the backwater valve is deemed a
viable option by the City Engineer, the City will supply the backwater
valve (or pay up to $300) and will reimburse the property owner up to
$750 toward the installation of an approved backwater valve.
GSPW\Public Works\City Council\Proposed Policies~Proposed Sewer Backup Policy.doc
Not approved Not for distribution
City of Columbia Heights
Public Works Department Goals, Objectives, and Strategies for Minimizing
Sanitary Sewer Backups
Mission-
To provide the residents of Columbia Heights with cost effective and efficient sanitary
sewer service that contimles to meet the needs of existing and future customers in
accordance with federal, state, and local niles, regulations, and ordinances.
Goals, Objectives, and Strategies-
To provide uninterrupted public sanitary sewer service to the residents of Columbia
Heights and minimize the number of overflows and sewer backups into private property.
· To work with the property owners in a cooperative mmmer to determine the most
cost effective means of correcting defects and improper connections that is
introducing storm/gronnd water to the salfitary sewer system.
· Repair/replace defective sewer lines on a regular basis, in conjunction with the
City's street reconstruction zone projects.
· Continue to take proactive measures in maintaining and documenting trouble spot
areas tlxroughout Columbia Heights that have a high number of sanitary sewer
backups on a yearly basis. Sewer line cleaning shall be focused on these areas in
accordance with the City's Sewer Clemfing Policy.
· Locate and evaluate areas that are prone to non-rain event backups and maintain
an aggressive and proactive flushing and rodding schedule to minimize blockages.
· Reduce inflow and infiltration of storm/ground water on public and private
property to the greatest extent practicable.
· Make available infonr~ation regarding the installation backwater valves in areas
that experience sanitary sewer backups on a regular basis. Regular basis is defined
as two or more in five years or 3 or more in ten years.
Sanitary Sewer Back-up Policy Overview.xls
# I Muncipality I Sanitary Sewer Back-up I City Funds for Clean-up I Other Information
I J Assistance
1 City of Fridley Pay for Clean-up Costs City Funding Available No Cap
~-/City of Hastings Pay for Clean-up Costs City Funding Available No Cap
3 City of Richfield Pay for Clean-up Costs City Funding Available No Cap
~4 City of New Brighton Resident Files Claim w/insurance Co I Pending Insurance Investigation I NA
5 City of St. Anthony Resident Files Claim w/insurance Co I Pending Insurance Investigation NA
6 City of New Hope Resident Files Claim w/insurance Co IPending Insurance Investigation NA
71City of L_~eville Pay for Clean-up Costs [~d~a~e No Cap
81City of Br_ooklyn Park Resident Files Claim w/insurance Co I Pending Insurance Investigation NA
9 City of Brooklyn Center Resident Files Claim w/insurance Co Pending Insurance Investigation I NA
10 City of Andover Resident Files Claim w/insurance Co Pending Insurance Investigation NA
11 City of Ano-ka Resident Files Claim w/insurance Co Pending Insurance Investigation NA
12 City of Champtin Resident Files Claim w/insurance Co Pending Insurance Investigation NA
131City of Crystal Resident Files Claim w/insurance Co i Pending Insurance Investigation I NA
14 City of Robbinsdale Resident Files Claim w/insurance Co i Pending Insurance Investigation NA
15 City of ~-olden Valley Resident Files Claim w/insurance Co Pending Insurance Investigation NA
16 City of Cottage Grove Resident Files Claim w/insurance Co Pending Insurance Investigation NA
17 City of Plymouth Resident Files Claim w/insurance Co I Pending Insurance Investigation NA
181City of Coon Rapids Resident Files Claim w/insurance Co Pending Insurance Investigation N/A
19 City of Blaine Resident Files Claim w/City's Finance Dept City Funding Available No Cap
20 C ty of Spring Lake Park Resident Files Claim w/insuran-ce Co Pending Insurance Investigation NA
Page 1
League of Minnesota Cities
Insurance Trust
145 University Avenue West, St_ Paul, MN 55103-2044
(651) 281-1200 · (800) 925-1122
Fax: (651) 281-1298 · TDD: (651) 281-1290
www.lmnc, org
July 9, 2003
To: Walt Fehst
From: Tom Grundhoefer
Re: Clean-up assistance to residents affected by sewer back-z~s
This is a follow-up to the conversations you've had with several of our staff about how the city
might respond to sewer back-ups that affected a number of Columbia Heights residents recently.
I understand that Doug Gronli and Dar Boese are in touch with you regarding our evaluation of
the city's potential liability for the damages caused by those back-ups.
However, you also mentioned that at least some members of the city council may favor assisting
the residents in some way with the clean-up, irrespective of whether the city is legally liable for
the damages. You and Mr. Hansen had asked whether the city could or should assist the
residents in some way, even if the city is not legally liable for the damages; and whether that
assistance could be provided without affecting or prejudicing the determination of legal liability.
Unfortunately, I'm not sure that our initial response and the materials we sent were as clear and
helpful as they could have been, so I'll try to respond more directly to your questions. Since this
involves some legal questions, I'm also copying it to your city attorneys.
1. Can the city assis~ the residents with the clean-up?
Yes, the city can provide this kind of service. However, if the city decides to do so, we'd suggest
that the city develop and formally adopt a policy on what kind of assistance will be provided and
in what circumstances, in order to assure that everyone is treated fairly and equitably in the
future.
Cleaning up after a sewer back-up seems clearly to be within the city's legal authority. A
sanitary sewer back-up that's not properly cleaned up can certainly b.e a health hazard and
potentially a nuisance. The courts and statutes have long recognized that protecting the public
,emth and removing nuisances from private property are legitimate public purposes, for which
the city has the authority to expend public funds. There is precedent for cities and other public
entities to provide this kind of service. The Alexandria Lake Area Sanitary District, for
example, has had such a policy for many years.
Of course, while it's within the city's authority to provide this service, that doesn't mean that the
city is obligated to do so. It's ultimately the council's decision on whether or not the city should
provide this service.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
*Name*
Page 2
July 15, 2003
As noted above, if the city decides to do in this direction, we'd suggest that you develop and
adopt a formal policy spelling out what will and what will not be included in the clean-up
services the city will provide, and specifying under what circumstances clean-up services will be
provided. One approach could be to incorporate that policy into the ordinance that establishes
the conditions and rates for the sewer system. In other words, the specified clean-up services
would essentially be part of the sewer services the customer is purchasing. One point to keep in
mind in developing a policy-is that in a very large and severe storm, a great many properties
could be affected at the same time, which could make the clean-up a very substantial financial
obligation.
That doesn't necessarily mean that you'd need to wait on assisting people in the present
circumstance until you've developed a policy. But if the city does decide to respond in this
instance, you'd want to keep in mind that you'd be establishing some precedent for the future, so
you'd want to consider whether the city would be prepared to provide a similar level of service
in similar circumstances in the future.
Another issue is whether you'd want to use city staffto do the clean-up, or to hire a clean-up
contractor. The availability of city staff and the cost of hiring a contractor are certainly
considerations'. Another consideration is that the clean-up work itsel£potentially could generate
claims. E.g., a property owner might claim that the clean-up workers further damaged the
property, or that the clean-up itself was incomplete or ineffective. If the city contracts for the
service, those risks would fall primarily on the contractor rather than on the city.
2. Can the city provide clean-up assistance without prejudicing the ultimate determination of
liability?
While there's no guarantee how a court might view it, there are some things you can do to
minimize this potential problem. The key is to make it clear up fi-ont that the city is providing
the clean-up based on its interest in the public health, and that providing the clean-up service
does not necessarily imply that the city believes that it is legally liable.
Having a policy in place would be very helpful on this point. Another good way to accomplish
this would be to include an acknowledgement in an authorization form the property owner would
sign to authorize the city to enter the property and perform the clean-up. If the city decides to go
ahead with providing clean-up services in the immediate situation, before a formal policy is
adopted, it would be especially important to use this ldnd of acknowledgement form. Suggested
language for an authorization form is included at the end of this memo.
*Name*
Page 3
July 15, 2003
One further comment. Some cities have attempted to use an authorization form which provides
that as a condition of accepting clean-up assistance from the city, the property owner waives any
further claim against the city. That's an attractive option in some ways, since it would, eliminate
the liability risk for the city. The problem though is that property owners are often reluctant to
agree to waive their rights in this way, which effectively defeats the purpose.
Suggested language for an authorization~acknowledgement form
I hereby authorize the City of Columbia Heights and its employees or contractors to enter my
property at and to provide sewer back-up clean-up services.
These sewer back-up clean-up services will consist of removing the wastewater, drying floors,
carpets and walls, and performing disinfection. It also includes removing furniture and other
items of personal property from the premises, but does not include cleaning, drying, or
repairing fizm/ture or other items of personal property.
I understand and acknowledge that the City of Columbia Heights' offer to provide clean-up
services is for the purpose of protecting public health, and that it is not and should not be
construed to be an admission of legal liabihty or negligence on the City's part.
Cc
Bama, Guzy & Steffen
Kevin Hansen
City of Columbia Heights
Administration
Work Session Discussion ItelTl
Work Session Date: May 17, 2004
ITEM: Decision Resources Survey
The Columbia Heights School District requested, and received, a proposal from Decision
Resources, Ltd. to conduct a survey to assess the attitudes and opinions of residents of the
Columbia Heights Public School District on ttu'ee separate, but interrelated issues (see
attached).
Preliminary discussion occmTed at the Work Session of May 3, 2004, regarding the City
and School District sharing in the cost of a smwey.
This item is beh~g brought to the City Council for discussion proposes.
Fr~:[~EOISION RESOU~0E$ LTD. 612 920 1069 05/19/2004 ]4:56 ~0 P,00'2/a)5
DECISION RESOURCES, LTD.
,3128 Dean Court
Minneapolis, Minnesota 55416
612-920-~01
wmerrb~drlmplLcom
May 13, 2004
Ms. Judy Ytntos
Director of Community Education
Columbia lteishts Public Schools
1440 49~ Avenue lq
Columbia FIeigll~ Mlaac~ota $5d$1
Dear Judy:
Decision l~8ources, Ltd., is pl,ased to present this survey and mrnmunle~ions rese~ch proposal
to yOU for the Columbia I-Ieist~ts Public $¢hool District. Much of this proposal is bmscd upon
your earlier teAepboae discussion with my p0xmer. Diane Traxle~, mud also builds upon our prior
exp~iene~s with the Columbia Heishts $ohool Districl and the City of Colurflbia Heislas. This
prospectus is organized in three parts: a discussion of the go~ls ofthe research; a potential desisn
and sc, hextule; m~l, estinmted project costs. As you will see, I sm certain that DRL ~an provide
the Columbia Heights Public School District with the information it seeks in both a cost-effe~ve
and timely manner.
GOAL~ OF TH]~
The survey would assess the a~titudes and opinions of residents of the Columbia [-l~ights Public
Sohool District ~/n three separate, bM interrelaled issues:
I. Acceptability cfa School DtstrYct. C.t~ R~/erendam Pro~sal: ~t is the ~ public
r~on to gov~t p~pS ~ ~d~g ~c~ia~? How doe~ a p~nm~ i~
support for a ~d~ ~po~? ~cs a p~p proxide ~difio~ v~ue ~ either t~u~
the ~ues ofoooperation or ~ffi~i~n~ --
~opo~? Wo~d r~d~zs be eon~M about ~y obli&ation ofthe Sc~ol D~td~t ~ the
op~rzlions of the f~lity? How do ~n-Col~
Fr..-x,:DECi$iON RD$OUROE$ LTD, 612 920 !069 05/]3/2004 14:56 ~40 P.003/005
2, Pcweptionr ofScflool D~tr~ct Nssds: Would residems also support ~&fion~ quea~ena for
~nds dcdicat~ solely to ~e ~ol ~s~fi~? W~t would ~ ~e ov~ ~ i~r~ re~s
would suppo~ for mu~ip~e pu~ses? ~ ~here one b~lot qu~6on ~l ~uid be u~ ~ a '~ot
~ap" ~o p~ the eth~ questions t~o~? Have there been ~y drtma~ic ch~s in core
i~imdes and op~o~ Oft~ ScSI Da~a -- fi~ credibility, ~tioxi i~cls, orjob
p~ce9
$. ,°re. files of Lilly Support and Oppozttton: What would be the demographic breakdown of'
the turnout, eve~ with thc ma~aive numbers voting in a Presidemial election yea.r? Regardless of
the election d~te, which groups would have hi~her support levels and which groups lower suppor~
levels? What would be the support level, in panicuhr, of pm-ems? How informed are residents
about the ralionale for the proposal? What would be the reasons for o"no" vote decision? What
chenge~, ~a~¥, could be made in the propo~ to secttrc passage? Which ~oups would be
persuadable mid. consequently, targeted for further information? What are the strongest
communication messages to maximize support for the propo~? What are the most effective
communications channels for deliveries these messaSes?
DESIGN OF THE RESEA,RCIt:
Decision Resources, Ltd., pr0poscs to conduct a Telephone survey' of 300 randomly seleated
l~o~scholds in the Columbia Hcishts Public School District. The overall sample size pemtits ~he
division of distriot r~sidents into a number ofc, ate~ories for more detailed analysis, ~uch as
Columbia Heights rcsid~nt~ aud Fridley residers. The results of this survey would be projeotable
to the opinions and ~ttitud¢~ of all adult residents in the distriot to within ± 5,5% in 95 out of 100
To insure the intelpity or,he sample, DRL places the most csactinS sampling standards in the
industry on our procedures, Before an alternate household is substituted for it desi6nated target,
at least twenty ~es m~ made to conutct the initial houseitolds durh~ t sevea~ay l~er~od. Thc
telephone calls take place duties various times on weekday evenings and d~in~ the weekend,
Our interviewers ~e also instructed to seek convenient appointments with intctwicwccs, cu~fing
our non-contaot race to tess ~han five percent On average. An unbiased selection Modess is als~
used to idantit~ 0ia adult member ut'the household to be intcrvi~wed. DRL employs both Spanish
speakers and &start iant~mge sp~ to hlsote the sample ~curatelS' i'effects the diversity o.f the
population. To validate the conlpleted rmmplc, the latest 2000 United ~tate.9 Census population
characteristics ate utilized as a standard of comparison.
The questionnaire would be administered by DRL trainod and supctvi~d personnel. The
computer analysis will be ob?~i_n~i it*om our in-house C-MI~NTOP, and SPSS statistical analysis
s~stlrnl, ~flmirir~ both access ~o ~0 most current analysis programs and coni~d~tiality of thc data
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The $~ool Distric! ~nd City will be presented with bound copies of the final report highlighting
all the m~jor firldi~a of the study. DRL will also spea~ to say mRjor differe~oes ~rom and
simil~rltles with the past audios, when applicable, in addition to otl~ scllool disl~'icts
un~ienaki~ referendums jointly with other levels ofgovcrnn~nL hi particular, special attenlio~
will be paid to any parallels with dynamos of both sur,4;~saful and unsuccess~l joint city-school
dislrict efforts during the pas~ ~ yea~s. A volume of all computer &enerated cross tabHatioas
and other multivariate s~iatiMi te~hrgquoa will also be included
Our general time line ~'or a project of this size and oomplexky is listad below:
1. Plannin8 with School Disthct Admbisttation a~d School Board to est&bUsh thc topics to be
covered in the survey. Baaed on thc~e ~opic concepts, DRL would word Sl~ific, neutral
queieions. This activity c~m be r, ompleted by telephone and/or fax, depending o~ clieat wishe~,
withi, two wer~ of the iniliation of the ~xmtra~.
1. Stru~tudnB of questions and final approval et' the survey instrumem. These ~ivi~ies to bc
complied wirAtn three weeks of'th~ initiation of the contraoI.
3. Final determination ortho field dete~ for interviewins.
4, Pre-testin& and, if needed, approval ofreaultia8 revisions. Tkia a~tiviw, to be completed by tim
second day offieidwork.
Completion of all fieldwork within a two.to.three week period.
6. Computer analysis and preparation of m written report. All ml~lyiical tests and commentaly
will be available witlgn three wee'la ~er ~ompletion olethe field work.
7. Delivery of the ~nal written report to the Columbia Heighls School District and the City of
Columbia Heights, arat prostration of the surwT results and implic~ltions at a formal or
workshop me~tinS. DRL will work with Disui~ Adminisu'ation and Staff to construct a
conunuaicalions strate~ to best t'~cilitate a referendum campaitpt At~erwards, telephone
cozlsuP, ation, as the need arises, will be provided about the study's flndin&s and implications.
COSTS:
The coat ora sm-ray in driven by two factors: sample size Itnd qu~tionnaire length. A study
whose parameters are & maximum of 45 questions administ~l to a 300 household random
sample of the Columbia Iieigh~a Public School Dislri~ would cost $7,000.00, lii~;h additional
question unit berond the Lniti~ allotment would be $100,00,
From:DEP. ISION RES(liRaS LTD.
612 920 10~
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As company policy. DRL recluires 0r~e.haff of the co~t prior to the commera'.~gnt offi~d work;
the remainder i~ due upon d~Livery of ~ f~l written report. Unless otherwise arranged, DI~
invoicas clknts for th~/niti~l pa:~nent at ihe time ut'the initiation of the contract; tha rermfinder is
due at the time of the receipt ofthe Il. aa] written report.
it'you require a~y R~nhet information ~irom us. fee~ t'ee :o contact e~ther Diane Trax~cr or me.
We look Eom/md 1o thc opponaaky to work with tk Columbia Heights Public School District
~mn, bur, in an3/rase, wish you we~ wi~ this project.
SLac~ely,
William D, Morris, Ph.D,
13Yeaid~-nt