HomeMy WebLinkAboutApril 22, 2002 RegularCITY 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
April 19, 2002
Mayor
Gary L. Peterson
Councilmembers
Marlaine Szurek
Julienne Wyckoff
Bruce Nawroctu'
Robert A. Williams
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
April 22, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or
employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are
available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611,
to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
Invocation: Dr. Hamdy Elsavaw - Islamic Center
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
e
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
4. PROCLAMATIONS? PRESENTATIONS? RECOGNITIONS AND GUESTS
A) Proclamations
1) MN Safe and Sober May Mobilization in the City of Columbia Heights - May 24 to June 4, 2002
2) Police Week - May 12 to 187 2000
3) Alcohol Awareness Week - May 6 to May 10, 2002
4) 2002 Arbor Day and Arbor Month Proclamation
Lauren McClanahan, Public Works Superintendent and City Forrester, will be present to explain the
Arbor Day Activities and Tree City USA award.
5) 2002 National Public Works Week
May 19-25 is National Public Works Week. The City of Columbia Heights will be celebrating this
week by sponsoring an Open House at the Public Works Facility on May 22nd, from 4:00 to 7:00
p.m.
6) 2002 Mayor's Prayer Breakfast
B) Presentation
1) Jerry Foss - Columbia Heights Booster Club Board Member
C) Introduction of New Employees
D) Recognition
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of
business.)
A) MOTION: Move to approve the Consent Agenda items as follows:
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
April 22, 2002
Page 2 of 5
1)
Minutes for Approval
a) MOTION: Move to approve the minutes of the April 1, 2002, Board of Appeals and
Equalization meeting as presented.
b) MOTION: Move to approve the minutes of the Continued April 1, 2002, Board of Appeals and
Equalization meeting held on April 8, 2002 as presented.
c) MOTION: Move to approve the minutes of the April 8, 2002, regular City Council meeting as
presented.
2)
Establish Work Session Meeting Dates for Monday, May 6, 2002 and Monday May 20, 2002, at
7:00 p.m. City Hall Conference Room 1
MOTION: Move to establish Work Session meeting dates for Monday, May 6, 2002, at 7:00 p.m. in
City Hall Conference Room 1; and Monday, May 20, 2002 beginning at 7:00 p.m., in City Hall
Conference Room 1.
3)
Authorize Purchase of T-Shirts and Youth Sports Equipment
MOTION: Move to award the purchase oft-shirts to Ideal Advertising, 8070 University Ave.,
Fridley, MN based upon their low, qualified, responsible bid in the amount of $5,209.00 with funds
to be appropriated from 881-45001-2170; and furthermore to authorize the Mayor and City Manager
to enter into an agreement for the same.
MOTION: Move to aware the purchase of youth sports equipment to Dave's Sport Shop, 1001 East
Moore Lake Drive, Fridley, MN based upon their low, qualified, responsible bid in the amount of
$6,882.60 with funds to be appropriated from account 881-45001-2170; and furthermore to authorize
the Mayor and City Manager to enter into an agreement for the same.
4)
Authorize fireworks display and to seek bids for 2002 Jamboree Fireworks
MOTION: Move to authorize fu'eworks on Friday, June 28, 2002 in conjunction with the Jamboree
activities and to seek bids for a $6,000 fireworks display with $3,000 appropriated from fund 101-
45050-4378.
5)
Approve Bartending Contract for Liquor Services at John P. Murzyn Hall
MOTION: Move to enter into an agreement with the Lions Club for Bartending Services at John P.
Mtwzyn Hall; and furthermore, to authorize the Mayor and City Manager to enter into an agreement
for the same.
6)
Adopt Resolution No. 2002-30, being an Order to Cease and Desist
MOTION: Move to waive the reading of Resolution No. 2002-30, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2002-30, being an Order to Cease and Desist.
7)
Authorize Transfer of Funds from General Fund to Police Department Budget to Repay Overtime
fund
MOTION: Move to transfer $6,396.64, the total amount received from Unique Thrift Store,
Columbia Heights High School, Columbia Heights Recreation Department, and the Heights Theater
(Morgan & Meyers) for off duty security worked, fi'om the General Fund to the Police Department
2002 budget under line 1020, Police overtime.
City Council Agenda
ApI~l 22, 2002
Page 3 of 5
8)
Authorize attendance at out town conference by Police Explorers
MOTION: Move to authorize the attendance of Officer Joe Sturdevant and CSO Christine
Okerstrom as advisors, and four Police Explorers at the 2002 State Law Enforcement Explorer
Conference on April 25 - 28, 2002 at Breezy Point, Minnesota, with costs to be covered out of the
2002 Police Department budget, 101-42100-3320.
9)
Adopt Resolution No. 2002-31, being a Resolution Establishing Election Precinct Boundaries and
Polling Places
MOTION: Move to waive the reading of Resolution No. 2002-31, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2002-31, being a resolution establishing precinct
boundaries and designating polling places.
10) Adopt Resolution No. 2002-28 Declaring the Intent to Bond for Zone 6A Street Rehabilitation
projects, including utilities
MOTION: Move to waive the reading of Resolution No. 2002-28, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2002-28, approving the declaration for the official intent
of the City of Columbia Heights to Bond for Zone 6A Street Rehabilitation Project.
11) Adopt Resolution No. 2002-29, being a Resolution Declaring the Intent to Bond for Central Avenue
Street, Utility, and Streetscaping improvements.
MOTION: Move to waive the reading of Resolution No. 2002-29, there being ample copies
available to the public.
MOTION: Move to Adopt Resolution No. 2002-29, approving the declaration for the official Intent
of the City of Columbia Heights to Bond for the Central Avenue Street, Utility and Streetscaping
Improvements.
12) Adopt Resolution No. 2002-32, being a Resolution accepting the petition for the Full Street
Reconstruction of Monroe Street, from 43rd to 44th Avenues
MOTION: Move to waive the reading of Resolution No. 2002-32, there being ample copies
available to the public.
MOTION: Adopt Resolution No. 2002-32 accepting a petition for Full Street Reconstruction from
property owners on Monroe Street, from 43ra to 44thAvenues, and declaring the petition adequate,
representing one hundred percent of the fronting property owners.
13) Authorization to seek bids for the 2002 Sewer pipe lining program.
MOTION: Move to authorize staff to seek bids for the 2002 Sewer Pipe Lining Program.
14) Authorization for environmental consultant for Phase I and Phase II work, pursuant to the purchase
agreement for the gas station property at 3955 University Avenue NE.
MOTION: Move to approve ProSource Technologies as the environmental consultant for Phase I
and Phase II work at 3955 University Avenue, based upon their low, qualified, responsible bid in the
amount of $6,200.00 with funds to be appropriated from 204-46314-3050, and furthermore to
authorize the Mayor and City Manager to enter into an agreement for the same.
City Council Agenda
April 22, 2002
Page 4 of 5
15) Establish Hearing Dates for License Revocation of Rental Properties at 3849 Central Ave, 4524
Monroe St~ and 1224-1226 Circle Terrace
MOTION: Move to Establish a Hearing Date of May 13, 2002 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic,
L.L.C. at 3849 Central Avenue NE.
MOTION: Move to Establish a Hearing Date of May 13, 2002 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Rueben Cruz at
4524 Monroe Street NE.
MOTION: Move to Establish a Hearing Date of May 13, 2002 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Salman Ali at
1224-1226 Circle Terrace NE.
16) Approve Rental Housing License Applications
MOTION: Move to approve the items listed for rental housing license applications as submitted.
17)
Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for April 22, 2002 as
presented.
o
18) Approve Payment of Bills
MOTION: Move to approve payment of the bills, as listed, out of the proper fund
PUBLIC HEARINGS - none
ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) Second Reading of Ordinance No. 1446, Amending the City of Columbia Heights
Portion of the City Code (6.301).
MOTION: Move to waive the reading of Ordinance No. 1446, there being ample
the public.
MOTION: Move to adopt Ordinance No. 1446, being an Ordinance amending the
section of the City Code (6.301) and replacing it with a Right-of-Way Manageme~
B) Bid Considerations
C) Other Business
8. ADMINISTRATIVE REPORTS
e
A) Report of the City Manager
1) Upcoming Work Session Items
B) Report of the City Attomey
GENERAL COUNCIL COMMUNICATIONS
A) Minutes of Boards and Commissions
1) Meeting of the Housing and Redevelopment Authority of February 19, 2002.
2) Meeting of the Economic Development Authority of March 19, 2002
Street Excavation
:opies available to
Street Excavation
tt Ordinance.
City Council Agenda
April 22, 2002
Page 5 of 5
10. CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Please note the public may address the
Council regarding specific agenda items at the time the item is being discussed.)
11. COUNCIL CORNER
12. ADJOURNMENT
Walter R. Fehst, C~ty Manager
WF/pvm
PROCLAMATION
Minnesota Safe and Sober May Mobilization in the
City of Columbia Heights
May 24, 2002 through June 4, 2002,
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
Motor vehicle crashes are the leading cause of death and injury
for children and adults up to 34 years of age; and
The use of seat belts reduces the risk of fatal injury to the fi'ont
seat passenger occupants by 45% in a car and 60% in a light
track; and
Law enforcement plays a critical role in increasing the use of seat
belts through public education and enforcement of the Minnesota
mandatory seat belt law; and
Law enforcement agencies across the state will participate in a
special traffic enforcement program supported by the Minnesota
Department of Public Safety, Office of Traffic Safety, with the
purpose of saving lives and preventing injuries through
increasing the use of seat belts in Minnesota;
NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson,
Mayor of the City of Columbia Heights, in an effort to increase seat belt use in
the City of Columbia Heights, do hereby proclaim May 24, 2002 through June
4, 2002, Minnesota Safe and Sober May Mobilization in the City of Columbia
Heights.
Mayor Gary L. Peterson
City of Columbia Heights
PROCLAMATION
POLICE WEEK
May 12 to May 18, 2002
WHEREAS:
WHEREAS:
WHEREAS:
the Congress of the United States of America has designated the
calendar week of each year during which May 15 occurs as
"National Police Week" and May 15 of each year to be "Peace
Officers' Memorial Day"; and
the law enforcement officers are our guardians of life and
property, defenders of the individual's right to be free, warriors
in the war against crime, and dedicated to the preservation of life,
liberty, and the pursuit of happiness; and
it is known that every forty-nine hours an American Police
Officer will be killed in the line of duty somewhere in the United
States, and 170 officers will be seriously assaulted in the
performance of their duties, our community joins with other
cities and towns to honor all peace officers everywhere; and
NOW, THEREFORE, we, the City of Columbia Heights City Council, do
hereby proclaim the week of May 12 to May 18, 2002, to be POLICE WEEK
and call upon all of our citizens in this community to especially honor and show
our sincere appreciation for the Police Officers of this City by deed, remarks,
and attitude. I call upon all our citizens to make every effort to express their
thanks to the men and women who make it possible for us to leave our home
and families in safety each day and to return to our. homes knowing we are
protected by those willing to sacrifice their lives, if necessary, to guard our
loved ones, property, and government against all who would violate the law.
Mayor Gary L. Peterson
City of Columbia Heights
q.A-3
PROCLAMATION
Alcohol Awareness Week
May 6, 2002 through May 10, 2002
WHEREAS: Motor vehicle crashes are the leading cause of death and injury
for children and adults up to 34 years of age; and
WHEREAS: The Columbia Heights High School will be hosting an Alcohol
Awareness Week from May 6-May 10, 2002; and
WHEREAS: The goals of the week are to remind students of the ramifications
of driving under the influence of alcohol; and
WHEREAS: The students of our community are one of our most important
resources, if not the most important resource;
NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson,
Mayor of the City of Columbia Heights, in an effort to increase alcohol
awareness in the City of Columbia Heights, and especially to increase the
awareness for our graduating seniors, do hereby proclaim May 6, 2002 through
May 10, 2002, Alcohol Awareness Week in the City of Columbia Heights.
Mayor Gary L. Peterson
City of Columbia Heights
CITY OF COLUMBIA HEIGHTS
637 38TH AVENUE N. E., COLUMBIA HEIGHTS, MN 55421-3806 (763) 706-3700 FAX 706-3701
W-A-W
PUBLIC WORKS
~ CENTIL-'tL GA1L~.(;E
~ SEWER,V~'ATER
~ ENGINEERING
~ STREETS
.~ PARKS
ARBOR DAY - ARBOR MONTH
PROCLAMATION
WHEREAS:
Native Minnesotans and early pioneers depended upon existing forests to
survive in an often harsh yet beautiful land, as do Minnesota's current residents
and landowners; and
WHEREAS:
The old growth red and white pine forests in the North, the mature hardwood
forests of the Southeast, and the oak savannahs bordering the prairies in the
South and West continue to change; and
WHEREAS:
Citizens must become stewards of their own environment by planting,
maintaining, and protecting trees so that the benefits trees provide throughout
their life cycles continue to improve the quality of life that we as Minnesotans
enjoy and depend upon;
NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby
proclaim April 26, 2002, to be
ARBOR DAY
AND THE MONTH OF MAY 2002 TO BE ARBOR MONTH
IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
FURTHER:
I urge ali citizens to plant trees to gladden the hearts and promote the well-
being of present and future generations.
DATED: This 22nd day of April .
Mayor Gary Peterson
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
"SERVICE !$ O[JR B[.JSiNESS~' EQUAL. OPPORT:,.JI,JIT't'r EMPL.OYER
TDD (763) '706-3692
PROCLAMATION
MAYOR'S PRAYER BREAKFAST
COLUMBIA HEIGHTS, MN
WHEREAS, in 1952 an event was inaugurated by leadership groups in the
United States Senate and the House of Representatives and,
WHEREAS, a voluntary committee of citizens has joined together in
celebration of Columbia Heights to sponsor the Columbia Heights Mayor's
Prayer Breakfast, hosted by the Mayor of Columbia Heights at Murzyn Hall;
and
WHEREAS, it shall be proclaimed "A Day of Personal Rededication in
Columbia Heights," calling upon all citizens to join in quiet reverence and
dedication as stated in the Declaration of Independence:
"We hold these truths to be self-evident; that all
men are created equal; they are endowed by
their Creator with certain unalienable rights;
that among these are life, liberty and the pursuit
of happiness; that to secure these rights,
governments are instituted among men..."
NOW, THEREFORE, I Gary Peterson, Mayor of Columbia Heights, do
hereby proclaim Wednesday, May 15, 2002, as the date of the Columbia
Heights Mayor's Prayer Breakfast.
Gary L. Peterson, Mayor
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
BOARD OF APPEALS AND EQUALIZATION
APRIL 1, 2002
THESE MINUTES HAVE
BOT. BEEN AP__BPRO_VED_.
The following are the minutes for the Board of Appeals and Equalization of the City Council held at 7:00 p.m.
on Monday, April 1, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
Minnesota.
ROLL CALL
Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki
Absent: Councilmember Williams
STATEMENT OF PURPOSE OF THE BOARD OF REVIEW
Mayor Peterson stated that this meeting was to review property valuations as of January 2, 2002, for taxes
payable 2003, and to hear appeals fi.om citizens who feel aggrieved or have questions regarding property
valuations.
INTRODUCTION
The Anoka County Appraisers introduced themselves as: Jim Rouleau, Commercial Property Appraiser, and
Arlene Andrea, Residential Property Appraiser.
QUESTIONS AND ANSWERS REGARDING PROPERTY VALUES
Mr. Trong, 4237 4~h Street, stated that he lives in a Habitat Home and his property value went from $120,000 to
$157,200. Last spring he had water in the basement that cost him $5,000 to repair.
Andrea stated that this is a new house that he paid $120,000 for. She stated her review found a few minor
problems, so the value was reduced to $149,400. She stated that he feels the value should be the same as when
he bought it.
Peterson described the difference between the amount paid and market value. Mr. Trong felt this is a lesser
quality home because volunteers built it. Peterson stated that these problems happen to most everyone. Fehst
stated that he should contact the Habitat for Humanity organization to correct these items. Andrea stated this
was a normal increase, as last year the value was approximately $137,000.
Szurek stated that taxes are based on the value of the home at the time of move in, like any other home.
Nawrocki questioned if these values are actual or limited. Arlene stated they are actual. Arlene stated that 16.19
percent is the average value increase representing all commercial and residential property. Mary Boyle, Anoka
County Principal Assessor, stated that residential values went up almost 20 percent.
Trone stated that he would only receive the purchase price of the home if they stay less than 29 years.
Nawrocki questioned what Mr. Trone paid last year in taxes. Trone stated that the first year he did not have to
pay taxes. Wyckoff asked what the next person would pay for this home. It was felt that question would have
to be addressed Habitat.
Peterson stated that the County has already reduced these taxes and asked Council members if they felt there
should be a further reduction. No further reduction was recommended.
Columbia Heights City Council
Board of Appeals and Equalization
Page 2 of 3
Mr. Jerry LaMere, 5080 Mulcare Drive, stated in 2001 his property tax was on a value of $182,000, in 2002 it
was on $197,300 and in 2003 it would be on $211,000. He did not think he could sell the home for this
amount. Andrea stated that this is 1,600 square foot rambler and in better than average shape. She indicated
that larger residential home taxes increased less than smaller residential homes.
Andrea stated she did not have the information available for this home, as she had already reviewed the home
and spoken to the owner. She stated that any reduction in value could only be between $3,000 and $5,000.
Nawrocki stated that values were based on size, not on the need for paint. Rouleau stated that the tax increase
was in the 16 percent range for the last two years.
LaMere asked the property value prior to his purchase. Andrea stated $165,000. Peterson stated that homes
normally sell for more than the taxable value. Fehst stated that Council can only ask the Assessor to review the
home.
Mr. Harold Hoium, 4315, 4317, and 4321 5th Street, stated his property is on the city's hit list with the hope to
get him to move. Hoium wanted to know what the 20 percent tax increase buys him. Andrea stated that his
market value for 2003 is $152,900. The limited value is $104,200 payable 2002 and limited value payable for
2003 is $114,600.
Nawrocki asked if the other two requests had been referred to in limited market values. Andrea stated they may
have been. Nawrocki asked if the Assessor had been in Mr. Hoium's house. Hoium stated that he would not
allow any one on his property. Nawrocki stated that would limit the accuracy of an appraisal.
Robert Surbrook~ 4608 Pierce Street, stated that he bought his home five years ago, and his concern was that
his market value for 2002 was $179,800, the limited value was $166,600, and the limited value for 2003 was
$183,300. He stated that he just had it appraised at $182,000, and that there is a lot of rental in the area and
questioned if the values would sustain their level. Fehst questioned the legitimacy of an assessment for
refinancing purposes. Andrea stated that bank appraisals tend to be lower.
Peterson confirmed that Andreas would research the LeMere request. Andrea stated she would.
Nawrocki questioned in what capacity the County would work with our assessments. Boyle stated they do not
work with special assessments; only add them to the property tax statements. Fehst stated that the county
would collect the special assessments. Nawrocki questioned if the County would answer special assessment
questions. Boyle indicated that the County would add them to the taxes, but the City would have to answer
what the assessment is for. Nawrocki questioned past due or cra:rent assessments for collection. Boyle stated
the record would show if a portion of the tax was not paid, but not specifically if it is for a special assessment.
Fehst stated that the Public Works Department would create the assessment roll and answer parcel specific
questions, and that the County is being contracted to add them to the tax role. Fehst stated that our county does
not have a turnkey operation.
COUNCIL ACTIONS REGARDING SPECIFIC CASES OR CASES ON WHICH ADDITIONAL
INFORMATION IS DESIRED
MOTION by Nawrocki, second by Wyckoff, to continue the Board of Appeal and Equalization meeting to
April 8, 2002 at 7:00 p.m. for the purpose of hearing additional information regarding 5080 Mulcare Drive as
discussed on April 1, 2002, and to consider adoption of the 2002 Property Assessment Rolls. Upon vote: All
ayes. Motion carried.
Columbia Heights City Council
Board of Appeals and Equalization
Page 3 of 3
Nawrocki stated he would like additional information on other Habitat home real estate values.
ADJOURNMENT
Peterson continued the meeting to April 8, 2002 at 7 p.m.
Patricia Muscovitz, Deputy City Clerk
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
BOARD OF APPEALS AND EQUALIZATION
CONTINUATION OF APRIL 1, 2002 MEETING
APRIL 8, 2002
THESE MINUTES HAVE
NOT, BEEN APPROVED,
The following are the minutes of the continued meeting from April 1, 2002 for the Board of Appeal and
Equalization of the City Council held at 7:00 p.m. on Monday, April 8, 2002 in the City Council Chambers,
City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
CONTINUATION OF APRIL Ir 2002 MEETING/ROLL CALL
Mayor Peterson continued the Board of Appeals and Equalization from April 1, 2002 at 7:02 p.m.
Present:
Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams,
Councilmember Nawrocki
ADDITIONS/DELETIONS TO MEETING AGENDA - none
COUNCIL ACTION REGARDING 5080 MULCARE DRIVE
A) Review of 5080 Mulcare Drive
Arlene Andrea, Anoka County Assessor, stated that her records show a one-half grade reduction of the
home at 5080 Mulcare, following her inspection of January 10, 2002, which reduced the value by
$6,200. The current assessed value of$211,000 does reflect that change and no additional reduction was
recommended for this property. Andrea stated that she spoke to Mrs. Lamere on the telephone and sent a
letter to Mr. Lamere reflecting her actions.
Nawrocki questioned next year's assessment value for this property. Andrea stated that taxes payable
value for 2003 would be $211,000.
MOTION by Wyckoff, second by Szurek, to adopt the 2002 Assessment Rolls as presented. Upon vote:
All ayes. Motion carried.
Walt Fehst, City Manager, stated that the Assessor included copies of other Habitat home appraisals and
they are in line with the resident who questioned his assessment. Fehst corrected information on triple
indexing for value increases of Habitat homes. The traditional mortgage on a Habitat home is two-thirds of
the value of the home and there is a second mortgage held by Habitat for the real value of the property. If
the owner leaves within six years, they pay for a pro rated share of the second mortgage. After six years
residence, they get the entire value if they sell the home back to Habitat.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 7:08 p.m.
Patricia Muscovitz, Deputy City Clerk
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR CITY COUNCIL MEETING
APRIL 8, 2002
THESE MINUTES HAVE
NOT BEEN APPROVED.
The following are the minutes of the regular meeting of the City Council held immediately following the
continuation of the Board of Appeal and Equalization hearing at 7:00 p.m. on Monday, April 8, 2002 in the
City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Pastor Thompson invited everyone to
the Assembly of God 60tn Anniversary celebration on Sunday, April 21, 2002 at 10:00 a.m. He stated that the
Mayor has been invited to give an address.
CALL TO ORDER/ROLL CALL
Mayor Peterson called the meeting to order at 7:15 p.m.
Present: Mayor Peterson, Councilmember Williams, Councilmember Szurek, Councilmember Wyckoff,
and Councilmember Nawrocki
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA - none
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A) Proclamations
1) National Library Week
Mayor Peterson read the proclamation for National Library Week.
Pat Sowada, Library Board, thanked the City Council for their support over the years. Becky
Loader, Library Director, thanked Council and stated there would be a Library fundraiser at the
Heights Theater on Sunday, April 21, 2002 beginning at 6:00p. m. Proceeds will be used for
children 's programming and services. Loader stated that April 21st is also the 60th anniversary of
the Assembly of God Church and the 90tn anniversary of First Lutheran Church. Sowada stated
that next year is the Library's 75th anniversary.
Peterson indicated that the Values First program values for the month of April are "self control
and self discipline", and asked that City Council members and the public consider these values.
B) Presentations - none
c)
Introduction of New Employees
-LeAnn Ottney, Accounts Payable Clerk
Roxane Smith, Assistant Finance Director, introduced Ms. Ottney, the new Accounts Payable Clerk.
Ottney thanked the City Council for the opportunity to work for the City.
-Donald Mulgrew, Accountant
Roxane Smith introduced Don Mu/grew. Mulgrew gave his background and also thanked the City
Council for this opportunity.
D) Recognition-none
City Council Minutes
April 8, 2002
Page 2 of 8
CONSENT AGENDA
A) MOTION by Williams, second by Nawrocki, to approve the Consent Agenda items as listed and
amended:
1) Minutes for Approval
MOTION to approve the minutes of the March 18, 2002 Central Avenue Public Improvement
Heating and the March 25, 2002, regular City Council meeting as amended.
Nawrocki corrected the March 18 minutes - Page Three, paragraph five, replacing grandmother
with mother; and March 25 minutes, Page Four, paragraph one, regarding Mr. Johnson to include
"when he officially changes his residence outside of the city, he should resign "; and the last page,
requested his quote be added, "Actions speak louder than words, and practice what you preach"
Fehst stated that members of the Planning Commission do not have to be a member of the
community. Jim Hoeft, City Attorney, stated there not a residency requirement in the City Code
and not a State Statute that requires residency. Fehst stated that the Police and Fire Civil Service
Commissioners do have to be a resident. Hoeft stated that Council has the authority to restrict
Board and Commission positions to residents only, but have not done so.
2)
Award of 2002-2003 Tree Removal Program
MOTION to award the 2002-2003 Removal of Trees, Trees and Stumps or Stumps Only on
Public and Private Property Contract to Bluemel's Tree and Landscape, Inc. of Hudson,
Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree
removal only, or stump removal only; and, furthermore, to authorize the Mayor and City Manager
to enter into a contract for the same.
3)
Adopt Resolution No. 2002-26, being a Resolution accepting bids and awarding a contract for City
Prqiect 0200:2002 Miscellaneous Concrete Repairs and Installations.
MOTION to wave the Reading of Resolution #2002-26, there being ample copies available to the
public.
MOTION to adopt Resolution No. 2002- 26, accepting bids and awarding the 2002 Miscellaneous
Concrete Repairs and Installations, Municipal Project #0200 to O'Malley Construction, Inc. of Le
Center, Minnesota, based upon their low, qualified, responsible total bid in the amount of
$11,540.20 with funds to be appropriated from 401-50200-4000; and, furthermore, to authorize the
Mayor and City Manager to enter into a contract for the same.
RESOLUTION NO. 2002-26
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
2002 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS,
CITY PROJECT No. 0200 TO O'MALLEY CONSTRUCTION INC.
WHEREAS, pursuant to an advertisement for bids for City Project No. 0200, Miscellaneous Concrete
Repairs and Installations, bids were received, opened and tabulated according to law. The following bids
were received complying with the advertisement:
Bidder
O'Malley Construction, Inc.
Creative Curb Contractors
Ron Kassa Construction
Gladstone Construction
Sunram Construction
Gunderson Brothers
Base Bid
$11,540.20
$13,163.50
$13,699.00
$23,040.00
$31,950.00
$36,852.00
WHEREAS, it appears that O'Malley Construction, 35799 241st Avenue, LeCenter, Minnesota 56057 is the
City Council Minutes
April 8, 2002
Page 3 of 8
lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with
O'Malley Construction Inc. in the name of the City of Columbia Heights, for the 2002 Miscellaneous
Concrete Repairs and Installations, City Project No. 0200, according to plans and specifications
therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits
made with their bids except the deposit of the successful bidder and the next lowest bidder shall be
retained until the contract has been signed.
3. City Project #0200 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street
Fund, Sewer and Water Fund and PIR funds.
Dated this 8th day of April 2002.
4)
Award of City Project 0106: Sullivan Lake Park Building Roof.
MOTION to award the Sullivan Lake Park Building Roof, Municipal Project #0106 to Superior
Roofing Construction, Inc. of Minneapolis, Minnesota based upon their low, qualified, responsible
total bid in the amount of $3,970 for roof construction and Alternate #1 18" Overhang
Construction in the amount of $4,480 for a total of $8,450 with funds to be appropriated from 412-
45200-5130; and, furthermore, to authorize the Mayor and City Manager to enter into a contract
for the same.
Nawrocki asked if the specifications require the contractor to pay prevailing wage. Hansen
indicated it does not, and that this is only typically in contracts over $100,000. Nawrocki felt this
should be required.
Wyckoff stated that a resident indicated to her their pleasure at the decision to redo the tennis
courts, but wanted to know if the courts could be lit. Kevin Hansen, Public Works Director, stated
that the only lights with timers are on basketball courts, and that tennis courts would require two
lights. This might be a problem as it is close to a residential area. Hansen stated this could be
forwarded to the Park & Recreation Commission for discussion. Peterson stated that past
discussions showed resident concern about the lights shining into their homes and people
loitering.
5)
Accept bids and award purchase of ambulance chassis and refurbished module
MOTION to award the purchase of a new ambulance chassis, with a refurbished module, to North
Central Ambulance, based upon their low, qualified, responsible bid in the amount of $70,591.03
with funds to be appropriated from 439-42200-5150; and furthermore, to authorize the Mayor and
City Manager to enter into an agreement for the same.
Nawrocki questioned if replacement of the ambulance was premature as we are asking $20, O00 for
our current ambulance, which shows there is still value to the vehicle. He indicated he would not
oppose the purchase, but suggested that next time we take a better look at our finances. Fehst
stated the ambulance was slated for replacement several years ago.
6)
Approve Business License Applications
MOTION to approve the items as listed on the business license agenda for April 8, 2002 as
presented.
7) Approve Payment of Bills
MOTION to approve payment of the bills, as listed, out of the proper fund.
City Council Minutes
April 8, 2002
Page 4 of 8
Wyckoff read the business license requests.
Harold Hoium, 5th Street, asked if roofing contractors charge each homeowner for obtaining a City
license. Peterson stated that the contractor only needs one yearly license. Hoium stated that some
residents said they were each charged for their contractor's license.
Wyckoff asked when we would get the new ambulance. Fire Chief Charles Thompson estimated it
would take about two months.
Upon vote of the Consent Agenda: All ayes. Motion carried.
PUBLIC HEARINGS
Public Hearing called for Revocation/Suspension of Rental Housing License at 2215 45th Avenue is now
in compliance
Mayor Peterson closed the public hearing as the property is now in compliance with the Residential
Housing Maintenance Code.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1) Adopt Resolution 2002-27, Authorizing the Purchase of the Property Located at 3955 University
Avenue N.E. (Pin #R35-30-24-31-0151) for Redevelopment Purposes
MOTION by Williams, second by Szurek, to waive the reading of Resolution 2002-27, there
being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried.
MOTION by Williams, second by Szurek, to Adopt Resolution 2002-27, a Resolution
Authorizing the Purchase of the Property Located at 3955 University Avenue N.E. (PIN #R35-30-
24-31-0151) for Redevelopment purposes.
Randy Schumacher, Acting Community Development Director, stated that a signed purchase
agreement has been acquired for 3955 University Avenue. $175, 000 of a $300,000 request for
CDBG funds were allocated and would be used for this purchase. Redevelopment of this area was
set as a high priority by the City Council and EDA. The property wouM be purchased for
$240,000, which includes relocation fees. The present owner must remove items such as tanks,
pumps, canopy, stock, and appliances. The current owner and City would share environmental
costs not covered by the Petroleum Fund, with cost to the City not to exceed $5,000. The City
wouM choose to be responsible for the environmental analysis.
Wyckoff indicated that this property is the current Conoco gas station on the corner of 40tn and
University. Schumacher stated that the building could be used for afire department burn and then
demolished. Wyckoff asked the City Attorney if it was proper for Councilmember Williams to vote
for purchase and elimination ora gas station. Jim Hoeft, City Attorney indicated this would not be
a problem.
Nawrocki question the cost of the environment studies, phase one and two. Schumacher indicate
that phase one would be $1,550, and phase two would be $6,500, to be paid by the city. Nawrocki
indicated prior information that this would be the station owner's responsibility. Schumacher
stated the City's responsibility for any required environmental clean up would not exceed $5,000.
Nawrocki stated he would support the purchase. Nawrocki asked if the County was agreeable to
the funding concept. Schumacher stated that if the correct paperwork were submitted, they would
approve funding. Nawrocki stated that there should have been a meeting with residents prior to
City Council Minutes
April 8, 2002
Page $ of 8
this decision. Fehst gave the history of events in this area and stated that this would create a one
acre parcel for redevelopment.
Peterson stated that there would be a meeting with residents prior to any development.
Deb Johnson, 4638 Pierce Street, stated she has a problem with neighborhood meetings, and felt
that everyone shouM know about what is happening, or there wouM only be negative opinions
because people do not want change in their neighborhood.
Upon vote: All ayes. Motion carried.
Peterson thanked Randy Schumacher, Mark Nagel, Cher Bakken, and Walt Fehst for moving
ahead on this project.
RESOLUTION 2002-27
BEING A RESOLUTION AUTHORIZING THE PURCHASE OF 3955 UNIVERSITY AVENUE N.E.
WHEREAS, the City Council of the City of Columbia Heights (the "City) has an on-going Community
Development Block Grant (CDBG) funded Commercial Revitalization Program; and
WHEREAS, the City has found that there exists conditions of deterioration, substandard residential
structure, in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists
a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and
WHEREAS, the City has an option to acquire one such commercial property pursuant to the Purchase
Agreement by and between the City of Coltunbia Heights and Jamal Malik (the "Seller") and such Purchase
Agreement has been signed by the Seller and provided to the City Council.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that:
1. The City Council hereby approves the terms of the Purchase Agreement for 3955 University
Avenue N.E. between the City of Columbia Heights and Jamal Malik and authorizes the Mayor
and the City Manager to sign the agreement on behalf of the City at a purchase price of
$240,000, which is established as a fair market value, based on negotiations with the property
owner and a formal appraisal of the property.
2. The City Council hereby authorizes the City Manager to handle all the requirements and
conditions in order for the City to complete the transaction contemplated in the Purchase
Agreement.
3. The City Council approves payment of the purchase cost from the City Community
Development Block Grant Program funds.
Passed this 8th day of April 2002.
B) Bid Considerations - none
C) Other Business - none
ADMINISTRATIVE REPORTS
Report of the City Manager
Upcoming Work Session Items · Fireworks Bids
· Equipment and T-shirts purchases for Recreation
· Transfer overtime funds to the Police Department budget
· Support Save and Sober Buckle up Campaign in May
Fehst referred to the need to fill current open positions on City Boards and Commissions,
especially the Police and Fire Civil Service Commission where 16 candidates are being tested for
the Assistant Fire Chief position and will be interviewed April 2 7th. Fehst listed other positions
City Council Minutes
April 8, 2O02
Page 6 of 8
available. Nawrocki stated that current members that have not yet moved out of the City could
continue to serve until they are reaplaced. Fehst suggested conducting Board and Commission
interviews on Saturday, April 20t . Szurek stated she would not be able to attend. Williams and
Wyckoff stated they could attend. Nawrocki stated he would not be able to arrive until 2:00p. m.
Peterson asked that fifieen minute interviews be scheduled for Saturday, April 20, beginning at
2:00 p.m. Fehst stated that staff research showed there is not a requirement for a Planning and
Zoning Commission member to be a resident. Peterson stated that Steve Johnson should be
notified of this finding. Fehst stated he has been so informed.
Fehst stated there was a Lomianki Park neighborhood meeting, and the neighbors are concerned
that this area remain a park. He suggested the Park and Recreation Commission and the Planning
and Zoning Commission review this information, with results brought forward to the City Council
for final action. Peterson stated that the next Park and Recreation Commission meeting is April
24, 2002.
Nawrocki questioned past records on this property and requested more information. Fehst stated
that Council was given copies of the action taken to make this area a park. Hoeft stated that the
park was set up by ordinance, with no deed restrictions, but would have to be amended by
ordinance. Nawrocki stated that residents who signed the attendance sheet at the first meeting be
made aware of any subsequent meetings.
Wyckoff asked Fehst about the status of the K-Mart store. Fehst stated the lease has an asset
value, which is being established by a broker, and could be obtained and operated by someone
else. The local limited partner of the business is willing to talk with city representatives, Mr.
McComb, EDA representative, and the Mayor after receiving information on the asset value. Fehst
stated that he has been in contact with several developers interested in this 14 to 16 acre site.
Schumacher stated he spoke to the limited partner today and values have not yet been determined.
Peterson asked if there is any way to help the business owners in the strip mall next to Sharkey's
that are being dislocated. Schumacher stated that we are just starting redevelopment and that we
need to obtain property and establish relationships to do this. A retention specialist and a program
to help relocate businesses normally would handle this. Our building official has tried to help, but
has not been successful. Peterson stated if the Mayor or Council could be of any help, to feel free
to call them.
Wyckoff referred to a complaint about debris on the property where Dave's Refrigeration is
located. Fehst stated that the Building Official plans to meet with him tomorrow to see what could
be done to clean up the property. Peterson stated that this owner would be a prime candidate for
relocation. Szurek stated that during rezoning of this property, he was asked not to park his trucks
on Johnson Street, which he has violated. Marge Ubl, 3715 Johnson, presented photographs of the
property and listed unacceptable debris on the property. Peterson stated he would meet with the
owner to discuss this problem. Peterson asked that staff keep Ms. Ubl informed regarding this
issue. Nawrocki referred to problems at this site at the time of the zoning request, and asked that
Council members drive by to view this site.
Report of the City Attomey
Wyckoff questioned if the Tycoon liquor license issue was going to be revisited this month, as
discussed at the beginning of the year. Hoeft stated that our Police Officers monitor for the presence
of the license owner's husband on the property.
Nawrocki asked for a cost analysis of switching from an assessment clerk position to the County
City Council Minutes
April 8, 2002
Page 7 of 8
handling our special assessments. He questioned the EDA loan and requested additional information.
Nawrocki questioned the Stinson Boulevard concrete walls consideration for aesthetics. Hansen stated
he has met with the City of Minneapolis project engineer, who stated that fill would be brought in to
reestablish a slope. They are not proposing grass, but rather vegetative cover and planting trees.
Nawrocki stated there are some lights out on the Sullivan Park walkway. Hansen stated this is a
reoccurring problem, and that crews are trying to trace the problem. He stated that we might have to
look at replacing these lights.
GENERAL COUNCIL COMMUNICATIONS
Minutes of Boards and Commissions
1) February 19, 2002 meeting of the Economic Development Authority
2) March 12, 2002 meeting of the Planning and Zoning Commission
3) April 2, 2002 meeting of the Planning and Zoning Commission
Nawrocki questioned if the triplex on 4th Street is the same contractor as the other similar multiple
units constructed, and stated that not much has been done for the units on 3ra Street regarding space
recently for kids to play. He stated that the plan review should address this. Szurek stated she saw the
site plan and it does not address this. Nawrocki stated that maybe they shouM reconsider the plan.
Szurek stated that the plan review looks at set backs and questions landscaping. She indicated he has
taken care of the erosion problems and is waiting for appropriate weather to put the landscaping in.
Peterson thought this should be included in the zoning ordinance. Hoefl stated if they meet the
requirements, the site plan review is unable to address this.
Peterson stated that he received a letter from a church in Andover, asked him to remind everyone of
the National Day of Prayer, to be held May 2nd. There will be a prayer meeting in one of their local
parks.
CITIZENS FORUM
Harold Hoium, 5tn Street, asked who places and removes the white crosses on our streets. Hansen stated
that the crosses are two feet wide and 8feet long, and are for section markings for aerial photos. They are
not removed, but typically just wash away. Hoium was concerned about the bright lights from helicopters
over the City. Peterson stated that Police Departments use this method for pursuit of criminals.
COUNCIL CORNER
Mayor Peterson asked the students present to come forward and introduce themselves. Thirteen students
were introduced.
Nawrocki referred to negative comments at the last City Council meeting by Councilmember Szurek
regarding his meeting with Mr. Gondek. Nawrocki stated that he again met with Gondek, who agreed with
Schumacher's comment on the incident. Nawrocki stated his hope that she would apologize to him and
Mr. Gondek. Nawrocki quoted "Actions speak louder than words and practice what you preach ".
Nawrocki gave comments on staff, upper management and his belief that there is need for improvement at
the management level.
}Vyckoff spoke of weekend activities that she attended in Columbia Heights, such as a performer at the
Star Bar, the Heights Theater's International Film Festival and a visit with a resident at Crest View
Lutheran Home.
Nawrocki stated that the Lions Pancake Breakfast was also held this weekend.
Williams read several items from the Bits and Pieces book.
City Council Minutes
April 8, 2002
Page 8 of 8
Williams addressed comments he made about trees trimmed by the electric company, indicating that trees
would look pretty that are pruned, except maybe those on 5th Street. Williams stated his belief in
commending employees in public and referred to the meeting with Lomianki Park area residents where he
felt the City Planner was not allowed to conduct the meeting he had organized. He referred to
Councilmember Nawrocki's comments at the meeting. Williams stated that decisions must not be based on
a few residents, but by considering what is best for the entire community. Williams quoted "Pray for the
peace and prosperity of our City".
Nawrocki challenged everyone to read the letter that went out to residents for the Lomianki meeting
regarding what they could expect, and indicated that during the meeting it appeared that was not what
was going to happen.
Peterson stated that the City Planner was to host the Lomianki area resident meeting and the intent was to
listen to resident's questions and concerns. Following Councilmember Nawrocki's comments, the meeting
became confrontational. Peterson stated that the City Planner shouM have been allowed to listen to
concerns and answer questions for a better meeting. Peterson also stated that he believes you commend
someone in public when they do a good job, and talk to him or her in private when they do not. Peterson
stated his belief that we have excellent staff and management.
Peterson stated that he has been asked to speak on April 21st, at the Assembly of God Church for their 60th
Anniversary Celebration. He also stated that First Lutheran Church would be celebrating their 90tn
Anniversary the same day.
Peterson brought up the unfortunate dislocation of businesses in the area of Sharkey's, and stated that
with Sharkey's moving, the Columbia Heights Boosters have lost their site for pull-tab sales. The Boosters
use their yearly proceeds of $! 00, 000 to $1.50, O00 for our youth, schools, and recreation programs. He
asked that if any one has an idea or suggestion to please let the Booster Club know. Nawrocla' referenced
Post 230 meat raffles.
Peterson quoted "Don't take ourselves too seriously, enjoy life, laugh at ourselves, and do a random act
of kindness ".
ADJOURNMENT
Peterson adjourned the meeting at 9:00 p.m.
Patricia Muscovitz, Deputy City Clerk
From: Carnie Blowers
To: Jean Kuehn; Nicole Jouppi;
Date: 4/15/02 4:36PM
Subject: Custodian II postings
Patty Muscovitz
Keith has advised that this posting should be removed from the website, bulletin boards, and at
switchboard. Thank you.
Carole
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: 5-A-2 CITY MANAGER' S APPROVAL
ITEM: Establish Work Session Meeting BY: Walt Fehst BY:
Dates for May 2002 DATE: April 17, 2002 DATE:
NO:
It is recommended that Work Session meetings be scheduled for Monday, May 6, 2002, at 7:00 p.m. in
City Hall Conference Room 1; and Monday, May 20, 2002 beginning at 7:00 p.m., in City Hall
Conference Room 1.
RECOMMENDED MOTION:
MOTION: Move to establish Work Session meeting dates for Monday, May 6, 2002, at 7:00 p.m. in
City Hall Conference Room 1; and Monday, May 20, 2002 beginning at 7:00 p.m., in City Hall
Conference Room 1.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER
NO: ,5 - ~- ~ Recreation
ITEM: Authorize Purchase of T-Shirts and Youth By: Josh Overmohle ~ ~{ BY:~//~y
Sports Equipment DATE: April 17, 2002X,,
NO:
BACKGROUND: On March 25, 2002 the Recreation Department received authorization to secure bids for the
purchase of t-shirts and youth sports equipment for the 2002 season. We sent bid specifications to eighteen
companies. The proposals are as follows:
Dave's Sports Shop (Fridley)
Taho Saturn Sportswear (Fridley)
Fitzharris Sports (St. Cloud)
Pro-Motion Apparel (Maple Grove)
Steichen's (St. Paul)
Sporting Goods, Inc. (Brooklyn Park)
Mike Palkert (Maple Grove)
All Service Screen Printing (Minneapolis)
Raghead Sportswear (Coon Rapids)
Metro Athletic Supply (Edina)
Metro Screen Printing (Bumsville)
Athletic Outfitters (Shoreview)
Marudas (St. Paul)
Embroidery & More (Columbia Heights)
Ideal Advertising (Fridley)
T-shirt Towne, Inc. (Bumsville)
Riddell Company (Ohio)
St. Croix Products (New Brighton)
T-Shirts Equipment
$6,687.65 $6,882.60
$5,914.63 $7,235.75
NO BID NO BID
NO BID NO BID
NO BID NO BID
NO BID NO BID
NO BID NO BID
NO BID NO BID
NO BID NO BID
$8,330.30 Incomplete
NO BID NO BID
$5,933.60 $8,904.90
NO BID NO BID
NO BID NO BID
$5,209.00 Incomplete
$7,308.00 NO BID
NO BID NO BID
NO BID NO BID
RECOMMENDED MOTION: Move to award the purchase oft-shirts to Ideal Advertising, 8070 University Ave
NE, Fridley, MN based upon their low, qualified, responsible bid in the amount of $5,209.00 with funds to be
appropriated from 881-45001-2170; and furthermore to authorize the Mayor and City Manager to enter in an
agreement for the same.
RECOMMENDED MOTION: Move to award the purchase of youth sports equipment to Dave's Sports Shop,
1001 East Moore Lake Drive, Fridley, MN based upon their low, qualified, responsible bid in the amount of
$6,882.60 with fimds to be appropriated from account 881-45001-2170; and furthermore to authorize the Mayor
and City Manager to enter in an agreement for the same.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER
NO: ..~ ~ tt~. t~ Recreation APPROVAL
ITEM: REQUEST AUTHORIZATION FOR BY: Keith Windschitl
FIREWORKS DISPLAY AND TO SEEK BIDS DATE: March 26, 2002
FOR 2002 JAMBOREE FIREWORKS
NO:
BACKGROUND:
Staffis requesting authorization to hold a fireworks display on Friday, June 28, 2002 in conjunction with the
Lion's Club Jamboree activities. In the past we have had the fireworks show on Saturday. Due to the concert
being held on Saturday we have moved the fireworks show to Friday, a~er the parade. Additionally, staffis
requesting authorization to seek bids for the fireworks display. Funds in the amount of $3,000 have been
budgeted for under Account 101-45050-4378. The cost of the fireworks display is $6,000. With $3,000 coming
from Account 101-45050-4378, the remainder of the cost of the fireworks display will be sought from donations.
RECOMMENDED MOTION:
Move to authorize fireworks on Friday, June 28, 2002 in conjunction with the Jamboree activities and to seek bids
for a $6,000 fireworks display with $3,000 appropriated from fund 101-45050-4378.
COUNCIL ACTION:
Admin\CC-Fireworks02
CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA SECTION: ~ ~ ORIGINATING DEPT.' CITY MANAGER
NO: ~ - A - Recreation APPROVAL
ITEM: Bartending Contract for Liquor Services at BY: Keith Windschit~
John P. Murzyn Hall DATE: March 26, 2002
NO:
BACKGROUND:
St. Paul Companies, our City insurance provider, has requested that an agreement for bartending services at
Murzyn Hall be drafted for liability purposes. St Paul Companies is concerned that there is no formal agreement
being followed at this time. This proposed agreement needs to include a "hold harmless" clause that would
require the City of Columbia Heights to be listed as an additional insured entity by any organization selling liquor
at Murzyn Hall. The Recreation Director has worked with the City Attorney to draft such an agreement. Staff
has also met with the Lions Club to inform them of this agreement. The Park and Recreation Commission
reviewed and approved the attached contract at their February 27, 2002 meeting.
RECOMMENDED MOTION:
Move to enter into an agreement with the Lions Club for Bartending Services at John P. Murzyn Hall, and
furthermore to authorize the Mayor and City Manager to enter into an agreement for the same.
COUNCIL ACTION:
Admin\CC-Lionscontract
CITY OF COLUMBIA HEIGHTS
JOHN P. MURZYN HALL
CONTRACT FOR SERVICES
IT IS HEREBY AGREED THAT COLUMBIA HEIGHTS LIONS CLUB. (hereinafter refered to as
"CONTRACTOR") will furnish services as herein stated for the CITY OF COLUMBIA HEIGHTS
(hereinafter refered to as "CITY").
This agreement shall take effect upon its execution by both parties and shall remain in effect until
December 31, 2003 at which time it shall be automatically terminated. This agreement is subject to termination
by the CITY upon 30 days written notice.
LIQUOR SERVICES TO BE PERFORMED UNDER TERMS OF THIS AGREEMENT
Provide dram shop and liability insurance with the City of Columbia Heights listed as additional
insured and in amounts approved by the City. The Recreation Department must be provided with a
certificate of insurance prior to providing any liquor services hereunder.
Provide bar and liquor service by trained and competent people.
There must be no alcohol consumed while providing services hereunder.
Liquor is to be served at requested start time and bar close must be at 12:30 midmght unless
requested earlier.
Bartenders must clean bar and surrounding area after each and every event to the satisfaction of the
City. This is to include helping caretaker empty trash containers in the bar area.
Bar is to be left in the same condition as it was found.
No Lion's members are to present at the bar unless working the event or attending the event.
Not withstanding anything to the contrary herein, services will be provided in accordance with all
state and federal laws.
AGREED THIS 22na day of April, 2002.
It is agreed that said services are to be rendered as an independent contractor and not as an employee of the
CITY. The CONTRACTOR understands that the performance of services as herein stated may involve some risk
of injury or illness to the CONTRACTOR. The CITY will not be responsible for any injury or illness suffered by
the CONTRACTOR, the CONTRACTOR'S employees, the CONTRACTOR'S agents during the time the
CONTRACTOR performs the services herein stated. Furthermore, the CONTRACTOR agrees to defend,
indemnify and hold the CITY harmless from any claims, actions or other proceedings which may be brought
against the CITY, their agents or employees arising from the CONTRACTOR'S performance of the services as
herein stated.
CONTRACTOR Date CITY OF COLUMBIA HEIGHTS Date
CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA SECTION: CONSENT ~'- ~_~ ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S
APPROVAL ,
ITEM: RESOLUTION 2002-30, BEING AN ORDER TO BY: L INDA L. MAG EE~,, ,,'~]~--P~" Y:~ ~/~
NO:
AT & T Broadband sent a new Customer Service Agreement to subscribers in the City. The new
agreement (see attached) was sent out as a bill stuffer, and contains several modifications to
the older agreement. It unilaterally attempts to impose a mandatory arbitration provision
governed by the Federal Arbitration Act. The mandatory arbitration clause, among other
things, purports to eliminate certain rights otherwise enjoyed by subscribers, most
importantly the right to damages other than actual damages and the right to bring a class
action lawsuit. The new agreement states that acceptance of its terms, including the
arbitration clause, will be presumed where there is continued use of service and that if a
subscriber finds the terms of the new agreement unacceptable, the only recourse available to
the subscriber is to cancel service. The new agreement is invalid as subscribers did not
knowingly, voluntarily, and intelligently waive their constitutional right to a jury trial and
the contract is unconscionable under Minnesota law as a contract of adhesion.
At their meeting of April 18, 2002, the Telecommunications Commission reviewed the attached
resolution, which orders AT & T Broadband to cease and desist the implementation, imposition,
and enforcement of the arbitration clause in the new agreement, to modify its agreement by
bringing its dispute resolution policy into total compliance with applicable law, and to issue
a revised dispute resolution policy to subscribers. After much discussion, the commission
passed a motion recommending the City Council adopt Resolution 2002-30, being an order to
cease and desist.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2002-30, being an Order to Cease and Desist.
COUNCIL ACTION:
NOTICE TO CUSTOMERS -"
REGARDING POUClES, CQMPI,AINT'
PROCEDURES AND DISPUT£ RESOLUTION~
When the Federal Communications Commission (FCC) issued in
require all c~bJe televisk:m ope~Tors to esl::abiL~ a proceu for resolvir~
questions or complaints customers may have about billing for the
services provide~ or the quality of the television sisnals delivered or
We are dedicated to providin~ quality ca~e television service to our
customers and to assuring that each problem is resolved to the
customer's satL~actio~These customer service procedures, in addido~
at the dme of installation and an~aliy therea~ once you have become
a customer.
This nodce sta-nmariz~ some of the procedures thac you need to know
m help us answer questions and r~olve comp~ts you may have about
or ocher cable ser~ces we provide.
For those of our customers receiving service through commercial
accounts,bulk race srr~ngements wid~ multJpl~ dwelling owners, or
sJmi'lar arrangements, some of d~e Ix)licies, procedures and services
herein may not apply. Please refer to the terms and conditions of
documents reflecting such separate arrangements. Where such
documents are inconsistent with the policies, procedures and
AT&T BROAOBAND'S POUClES AND
PRACTICES
The following PcdicJes and Pr-~-tices, sec forth below, are u~ed when
them in the future and will no'j, you if that occur~We wfl~ com:inue to
review our Policies and Practices as part of our commit, merit to
you of an), changes and the Effective Date. If you find the change
unaccepcalde, you have the r~ghc to cancel your Service. ~ if you
comJnue to receive Service iker the Effect~e Date of the change, we
wig consider this your accep~nce of the change.
I. DEFINITIONs""~' ' '" ~ ' ~ ~". .' '~;'~ "' ~".' ? ·
As used in these Policies ~ Pra~c
' '~e","Com~',"u~'; or-"~" m~ AT&T ~d~ LLC
and ~1 a~liated end~. usinI ~e b~d n~e "AT&T ~edb~d",
"Y~u","your'~ or "Customer'. meam the customer idemJ6ed on the
"work order t~ was silned to be~n your caideTV, ser~ce a~d an)- other
person using the Services provided to you or authorized by you to
access or mod~ your account ...
"Home': means the place you live. including a sinlle-family home.
af~rtmenr, other residence~ or any other type of .dwelling. unit, where
your Service L~ in~llecL
"Service(s)" means the cable TV ~ cable Internet access
or ~ other cable service that we provide to you.
"Hourly service charge', means the hourly charge you pay us for
certain se'vices. The hourly service charge is (:zJcutited using the rules-
and re~ulac~.~s of the Federel Communicadem Commission ("FCC").
It :- designed to recover em cos~ of~.c~.l, im~Jlins and m~naJr~ng
cusmmer equipment
"lr4kle V~ire" or "Inside ~AqrJn~" mmm the cable that rum in,de
your home to a point 12 inches out~dde of your home. and includea any
"Equipment" means one or more of the following'., cable modem,
digi~l consumer terminal or digital receiver ('DCT~. converter,
comrol moclule,A/B switch, coaxial cable (~c~bie') which is not inside
wirin~ parenta~ lock*out device, or ar6/~ther dmace installed in or
around your home. whether or not provided by us. necessary or
2. PAYMENT FOR SERVICE
We provide Service to you on a mom:h-to-mon~ basis. ~ for
Service ~ within 7.4 hours after Service b installed. The c~m~ges for
one month's Service. any deposits, and any installation or equipment
~ue fees are payable when Servlce is instsJled. A~er that, we wgl biff YOu
each rno~th in advance for Service (except for pay-per-~w rnov~ or
events, which are sometimes billed ~ ~ are provided to you).
due ~e. You ~ ~ ~ ~ ~, in ~ll. ~ ~e ~ d~ ~
for ~at Service and for ~ny other charges due us. includin~ any
admin~e ~ ~(s) ~ ~ f~ ~ ~ ~m~ d~
to late paymenu or nonpayment, and ~ ~m~ check fe~ plus
~r s~ce ~ a~i~o~ ~s ~ d~ ~1~.
If we do not receiv~ your payment by the due dace stated on the bill you
may be charged such fees, charges and assessments, plus the other
separate and additional c~e~
The administrative late and related fee(s). Char~es and aasessments
related to lace payment and nonpayment are intended to be rea.t~able
advance esdmaces of costs resuk~ng from late paymems or no~payments
of our customers. We will t~,41 you the amount of ~mse fees and other
separate or additio~l charles at or before the time you subscribe to
ones. and in our annual mailings to you therea/ter. You may avoicl these
fees and other sepa~ce or additior~l char~es relating to late payment
and nonpayment by ma~ng sure that your payment is received by us on
or before the due date on the bilL If your payment is not received by the
due date on the bill.you a~ree to voluntarily pay these fees and any other
separate and additio~ cha~es, fees, and a.ues~ments as a condi~on of
recelvin8 our Services.
· we do not anticipate that you will make partial payments or p~ your bill
lace. and the administrative late fee(s) and other re, ced d~ar~s, fees, and
assessments related to late payment and nonpayment are set in advance
because it would be difficult to know in advanc~ (al whether or not you
will pay your bill on time, (b) if you do pay lace. when you will actually pay
your bill. if ever, and (c) what costs we will incur because of your lace
payment or nonpayment. We do not extend credit to our customers
and the administrative fee(s), related fees, charges and assessment~ are
not interest, a credit service charge or a finance charge. Our late fee
practices may be revised to comply with applicable state or local laws,
rules or regulations.
Charges for your cable Service may be billed to you together w~ other
Services that you receive from us or our a~Jliated companies. Payment
of any such bill for multiple Services is due in full on the indicated
payment due date. Any f~ilure to pay such bill in its entiret~ aR:er the due
date may result in administrative or late ~ees end, or disconnection of
Service with respect to any or all of the Services billed. Any partial
payment of a bill will be allocated by us among and between such
Services and amounts charged at our discretion, subject only to
applicable law.
If you change the Services you receive, we may charge you a change of
service fee such as up,de or downgrade charge. The amount of such
fee may vary by olRce location. If you have any quesdor~ please contact
your Ic~d cable company identified on your bill in your monthly billing
mailings or a~k the representative you'ta~k to when requesting a change
in Service. A listing is also provided to our customers annually in a
rn~ling or bill stuffer.
You may pay your bill by mailing payment to the addres~ specified on
your bill. We do not usume the risk of undelivered trail and payment
shall be deemed made on the first bu~ineas day ~cer your payment i~
delivered to u~ If we have an o~ce ~at we have des~ated as a Cable
Sto~ in your area. you may deliver your payment to d~ Cable Store. and
it will be deemed received when deavered or, if not on a regular benking
day. o~ the next such day. If our representative collects payment from
you ~t your home~ d~re may be an additional charge for that service.
You ~,ree to pay all ~x~s, fr-a~hise ~s, and other d'mle~ if any. v/nich
are now or in the future may be useued because you receive our
Service.
If there are any billing errors or other requests for c-edit, you must bring
those to our attention wi~in six (6) months of the time you receive the
bill for which you are seekin~ corre~Jon.
J. f~OMPANY f~HANGES IN SERVICES AND CHARGES.. *
Subject to applicable law, we have the right to change our Service and
'Equipment and our prices or fees, at any time. We also may rearrange.
delete, add to or otherwise change the Service prcrdded on our Basic
Service or other levels of Service. If the change affects you, we will
provide you notice of the change and its F. ffect~ Dace. The not, ce may
be provided on your monthly bill, as a bill insert, in a newspaper or by
other permitted communication. If you find the change unaccep~ble,
you have the Hght to cancel your Service. However, if you continue to
receive Service aJter the Efl'ecl:~e Dace of the change, we will consider
this your acceptance of the change. Pteese take the time to read the
monthly messages and to review your bill carefully to make sure your
name and addre~ ~re correct. You w~ll generafly be billed
time each month.
To ~ extent required by law, a~ter notice to you o~ a retiering of our
Ser~es or a price increase, you may ob~n cha~es in service tiers at
no additio~ cha~. Other~se, changes by you of the Services you
rece~, may result in up~ade, down~q-~de or chan~ of service charges.
Please refer to the Products and Services Price List we ha~ supplied to
]mu for de.ils or call us at the number on your monthly bill if you have
duesdons. A list of charges is also provided to our customers annually in
a mailing or bill stuffer.
4.TERMINATION OF SERVICE .. . ; .. ....... .........
' You may n°i reign or ~ ~he ser~ ~ our ~,Htten'~:0~,ent.
The provisions of these Policies and Practices. including the dispute
resolution process (Secdon 10) shall survive termination, amendment or
expiration of your relationship with the Company, your receipt of
Services. or any other relationship between us.
Unless you have other~*~se agreed (such as where you have agreed in
advance to receive Service over a specified per, od.of time), you have
the right to cancel your Service for any re,on at are/time, by ~iving us
notice. We will refund any balance due to you approximately thirty
(30) d~ of the later of (il your notice to us of the discontinuance of
Service or (ii) the readrn of any Equipment you may have.
b. Involum~rvTermination/Effect on otherAT&T Servicea,
Subject to applicable law, if you ~1 to pay your bill wtmn it is due or fail
to comply wkh any provision contained in d~.se Polities and Practices.
we have the right to terminate your Service or any other Service
induded within your bilL We may also. without limitation, require you
to pay all past due charges, an instaJlation charge, and a minimum of
one month's advance charges before we reconnect your Service'.
Further, if you do not reconnect, any rental equipment must be
ren,rned to us. A handling fee may be cha~ed for retumed checks.
In eider termina~on event;, if you have a pa)~.. ,.e?.t..credit for. ~ ?son
(including, without limJ~tion, an Unreturned security deposit or
prepayment) at the time of your termination of service, such payment
credit will be sec off against any amounts which you owe us before its
remit~nce to you.
$. EQUIPMENT
Except for the Inside Wiring which we consider your property
re~r~les~ of who in,called it. the Equipment irm:~led by us or provided
to you by us belongs to us or other third parties, unless you have
purchased it. We may. at our optJon, supply new or reconditioned
Equipment to you.
You must have our prior written consent to sell or give away our
Equipment. and our Equipment may only be used in your hom~
If you cease to be our customer, you are responsible for returning our
Equipment to us or our designee. If you move, do not leave our
Equipment in your vacant home or ~ anyone eLse. Our Equipment
must be retumed to us or one of our represencetives in working order,
normal wear and tear excepted, or you will be charged the amount set
forth in the current Products and Services Price LJs~ or the revised
amount of which you have subsequently been liven notice, or if no
amount has been specified for the particular model of Equipment
involved, the re~l price for a new replacement,
You are responsible for preventing the loss of or damage tq our
Equipment within your home. VVe surest thac our Equipment in your
possession be covered by your homeowners, renters, or other
insurance. You will be direcdy responsible for repair, replacement and
other costs, damages, fees and charges if you do not return our
Equipment to us in an undamased cold.on.
If you have us repair or maintain the Inside Wirin~ we will charge you
"add~onally, either by the hour or ~t fee, for treat service. We are not
responsible for problems with the operation of your television or
tetevisio~ted equipment. We do not service televisic~ receivers or
any other television-re~ equipment (such az VCR'S. I~me antennas,
or other cable-comperible equipment) not owned, by us, even if it is
~tached to the cable or Equipment.
None of the Equ. ipment supplied by us nor any of our cable placed
outside your home or property in connec~on ~ the installation of the
Equipment and Service shall be deemed fixtures, or in any w~f part of
your real property, unless you purchase our cable to the extent
permitted by law when Service end~ The Equipment supplied by us may
· be removed by us, at our option, at any time during or following the
termination of your Service, and you a~mee to aJlow us act.s to your
home for such purposes.
We consider Inside Wirin~ to be your property, regardless of who
writing, you will continue to be responsible for the repair and
maintenance of the Inside Wire. You may install Inside VVirin~ such as
additional cable wiring and outJet~ Re~'dless of who does the w~rk.
the internaJ v~ringwithin your home must not in~ ~ the norn~
operations of your local cable system. InsideWire maintenance may not
be your respons, ibility if you rent Tour home. Contact your landlord or
building rr~er to determine responsibility.
NOTICE OF AVAI~AmUTY OF CONVERTERS
Foe ADDITIONAL OUTLETS.
Subscribers who install their own additio~ receiver coonec6ons may
not be able to receive all channels carried on our cable system without
additional equipment. For those television sets that are not truly
compatible ~ the cable system, some television channels may not be
receivable w~thout additional equipment.
6.ACCESS To CUSTOMERS' HOMES
You autt~rize us or our designees to enter into your home, in your or
your representative's presence, or upon your property during normal
business hours or by appointment' to install, inspect, maintain, replace,
remove or otherwise deal with the Service and Equipment supplied by
us. This authorization includes allowing us or such designee to be on
Tour property outside your home at reasonable times even If you are
not at home. You authorize us or our desisnee to make connections and
perform other tasks that are necessary or desirable to enable us to
provide Service to you or others, including connecting and making
· necessary attachments to your fnsideW~r~n~. If you are' not the owner
of your home, you are responsilde for obtaining any necessary approv~
from the owner to allow us into your home to perfor~ the functions
specified above. In addition, you a~mee to supply us or our desilnoe, if we
ask you t~ with: (a) the owner's name. address and phone number, (b)
proof that you may ~ us access on the owner's ~ or (c) consent
from the owner of the home.
7. PRIVATE VIEWING OF UNAUTHORIZED SERVICE AND USE
OF EQUIPMENT
We provide Service to you for your private home viewin~ use and
enjoyment.You a~ree that the pro,ramming provided over the cable
may not be rebroadcast, transmitted or performed, nor may admission
be char~ed for its viewing without first obtaining written consent, in
advance, from us and our pro~ramming supp~ier(s).This consent may be
withheld at the sole discretion of either of us.
Your local cable company may not have the right to distribute pay-per.
view prosramming to commerc~l estsb~ishments. You may not order or
request pay-per, v~w pro,returning for receipt' e~chibition or I~oing in a
commercial establishment.You may neither exhibit nor assist in the
exhibition of pay-perwiew pro&q~mming in a commercial establishment
unless explicitly authorized to do s~ in advance, by us and our pro,,q-am
provider(s).You may not move your converter to another location or
use it at: ~ dme at an address other ~ your ~ or location where
Service was installed by us without our prior written a~t~orization. If
you ~il to abide by ~is restriction, you w~ll be held liable lor a~y da~ms
made against you or Company on account of any unauthorized
commercial exhibition.
m~m any unauthorized connecaon or modiflca~on to the Equipment or
any other part of the cableTV system, you will be in breach of these
Polities and Practices, and we may terminate Tour Ser~ce and recover
such damages as may arise as a result of your bre~ch.
Much of the Equipment necessary to receive our Services is a~ilable
both from us and others. Regardless of whether you purchase such
Equipment or lease such Equipment from us, you are responsible for
assuring that such Equipment does not interfere with the normal
c~aerations of our Ic~ cable system and other communications systems
and devices. For ~ple. you ~ not to instsJl, anything to intercept
or receive or to asset in intercepting or receiving, or which is capable of
intercepting or receiving any Service offered over our cable system,
unless spec~ically aud~'lzed to do so by us. You am respc~ible to pay
for ~ Services recei~cl or otherwise provided to your household. You
also agree that you will not attach anything to the Inside Wire or
Equipment, whether installed by you or. us. which sin&dy or together
msuks in ~ de~-adation of our cable system's sie~l quality or stmn~.
You rmg,.n~c a~:h any dedce or equipment to your InsideWirin~ in ~
way that imp~.rs the integrity of our Io~ cable syste~, such as creating
si~al leak~e,which may cause a .violation of lovemmem r~ulations, or
attaching devices or equipment which, alone or together, result in a
de~rada~on of si~,naJ qu~ity. Further, Se~dces or signals provided by us
which are carried on or transmitted through the Inside Wire or
Equipment provided by us may not be commingled with signals or
services provided by others.
We can recover damages from you for tampering with any of our
Equipment or any or. her part of our cable system or for receiving
unauthorized service.
You must return our Equipment when you are no longer a customer. In
some cases, you may also choose to buy Equipment from an
independent store. However, analog converters with descrambling
capabilities should only be obtained from us. In fact. should you see
advertisements for cable converters that have descramblers in them (so-
called "pirate boxes" or "black boxes'~, you should understand that
these devices rt~y be illegal to sell or use, unless authorized by us.
Because of the need to protect our scrambled Services, we will not
authorize the use of any analog converter/descrambier not provided by
us. A dis~J convercer/deacrambler purchased at a retail store must be
authorized by us through the use of a special security device. People
who use illegal converters/descramblers may be stealing cable service.
This practice may unfairly result in increased prices to our honest
CUstomers. · · ·
8. LdMrt~o 30-DAYWARRAm'~ A~o I~rrATIO. OF L~murr
EXCEPT AS EXPLICITLY SET FORTH IN THE TERMS AND
CONDITIONS OF SPECIFIC SERVICES WE PROVIDE TO YOU, WE
WARRANT FORA PEmOO OF 3O DAYS FROMTHE DATE OF OUR
INSTALLATION OR REPAIR ATYOUR HOMETHAT OUR SERVICE
AND THE EQUIPPIENTWE HAVE INSTALLED OR REPAIRED WILL
MEET ACCEPTED INDUSTRY STANDARDS AND BE FREE FROM
DEFECTS IN MATERIA~ ORWORKMANSHtR IFYOU REPORTANY
FAILURE TO CONFORM TO THIS WARRANTY TO US WITHIN
THAT 30-DAY-PERIOD, WE WILL REPERFORM THE
NONCONFORMING SERVICES AND REPAIR OR REPLACETHE
NONCONFORMING EQUIPPIENT. SUCH REPERFORMANCE OF
WORK OR REPAIR OR REPLACEMENT OF NONCONFORmiNG
EQUIPMENT SHALL CONSTTTUTE OUR ENTIRE UABILITY AND
YOUR SOLE REMEDY UNDER THIS WARRANTY, WHETHER
CLAIMS OR REMEDIES ARE SOUGHT IN CONTRACT ORTORT
(INCLUDING,WITHOUT LIMITATION. NEGLIGENCE, STRICT
UA~UT~, OR OTHERWISE).
IN NO EVENT SHALL. WE OR OUR EMPLOYEES ORAGENTS HAVE
ANY LIABILITY FOR SPECIAL. INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM OUR PROVISION
OF OR FAILURE TO PROVIDE ANY EQUIPMENT OR SERVICES TO
YOU, OR FROM ANY FAULT, FAILURE. DEFICIENCY OR DEFECT IN
· TO YOU.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN UEU OF
ILL WARRANTIES,WHETHER IMPUED, IN
OTHER
wRrrI'EN
OR
CT OR IN LAW. WE, TO THE EXTENT PERMITTED BY
PPLICABLE LAW, DISCLAIM ANY AND ALL WARRANTIES OF
RCHANTABILITY OR FITNESS FORA PARTICULAR PLJRPOSI::
CEPT AS EXPRESSLY REQUIRED BY LAW, WE WILL NOT BE
LIABLE FOR ANY DELAY OR FAILURE TO PERFORM OUR
OBLIGATIONS. INCLUDING INTERRUPTIONS IN SERVICE. IF
SUCH DELAY OR NONPERFORMANCE ARISES IN CONNECTION
WITH ANY ACTS OF GOD, FIRES, EARTHQUAKES. FLOODS,
STRIKES OR OTHER LABOR DISPUTES. UNUSUALLY SEVERE
WEATHER, ACTS OF ANY GOVERNMENTAL BODY, OR ANY
OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
THIS WARRANTY GIVESYOU SPECIFIC LEGAL RIGHTS, ANDYOU
MAYALSO HAVE OTHER RIGHTS.
~. CUSTOMER COMPLAINT PROCEDURES
If you have any complaint re~-ding the 5ervi~ includini billing service
and quality of thetetevision sijmls we deliver, you should con~"t us at
the telephone number on your m~thly bill or in writing to inform us. If
you can see images or hear sound from scrambled premium c~ adult
~hannels that you do not subscribe to, you may have these channels
blocked free of ctmle. We also maintain a local business office that is
,open weekdays, except holidays, for customer visits. We will promptly
try to resolve the problem. If you are diuadsfled with our resolution of
the complaint, you may notify the responsible official for your
community (please refer to your cable bill for the al~ency's name and
address).
We maintain a toll-free telephone access line that will be available to you
24 hours a day, seven days a week, every day of the ye~ When you call
about a service problem, a customer ser~4ce representative (CSR) will
attempt to determine the nature of the problem. If possible, the CSR will
help you resolve the problem over the telephone. If the problem cannot
be resolved during the call, the CSR will schedule a service technician to
~ your home_ If our workload permits, the service technician will be
dispatched the same day. Our CSRs and service technicians are well-
trained and have au~ority to a~empt to resolve a .customer's problem,
including replacement of any non-operatinl[ equipment, in order to
provide quality service.
We offer an "appointment window" for installation, service calls, or
,er installation activities that is either a specific time, or, at a maximum.
~ four4~ur time block during norn~ business hours. We commit to a
.licy cancel with aker the close of
tO
not
our
appointment
you
ess in the business clay prior to a scheduled ~ch0ointment. If we are
~jnning I~te for an appointment, we will attempt to contact you and will,
U necessary, attempt to reschedule to a dine that is convenient for you.
~':f~endes that ~ si~al quality, such u utility poles,
v~olent
storms or very cold weather, may interfere with recapdon of cable
O~&es or other service-related problems occurr~n~ as a result of an
jmerJency situatio~We pledge a prompt mspon~ at ~y time if a larje
at~ of the system is experienci~ technic~1 difficulties.
~will maintain complaint records for at least a one-year-period. In
~, those records will be available for inspec~on by the franchise
We.urje you to call us ~t the phone number printed on your bill any
: you have questions or concerns about your Service, indudtngVCR
~kup questions or problems If you are unable to let a problem
~ to your satisfamior~ you may write or call ~e AT&T Broadband
~rporate Offices as described in Section 14 of these Policies and
~r~clK
. f ur corn ~aJnt'
I~,addition. if you are dissatisfied with our handling o yo p
~ The address of the
~_~.' may contact the local franchising au~ority.
~ible officer for your ~r-anchising authority is noted in Section 14.
IT IS IMPORTANTTHATYOU READTHIS ENTIRE SECTION
CAREFULLY BECAUSE ITAFFECTS RIGHTSTHATYOU MAY HAVE
HAD OTHERWISI: THIS SECTION PROVIDES FOR RESOLUTION
OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION
WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF INA COURT BYA JUDGE OR JURY ORTHROUGH A
CLA.~5 ACTION.
Binding Arbitration. The Federal Arbit~tion Act, not s~te
law, shall ~vern the arbitr'abliity of all disputes between you and the
Company re~arding these Policies and Practices and the Service,
including any and all claims concerning the validity, construction,
performance and enforcement of these Polities and Practices.
However, Colorado or federal law shall apply to and govern, as
appropriate, any and all claims, causes of action, remedies and
damages arising between you and the Company re~rding these
in contract, statute common law. or any other lejai theory, without
regard to Colorado's choice of law principlet~
ANY AND ALL DISPUTES ARISING BETWEEN YOU AND THE
COMPANY (WHETHER BASED IN CONTRACT, STATUTE,
REGULATION, ORDINANCE, TORT (INCLUDING. BUT NOT
LIMITED TO, FRAUD, ANY OT~ER INTENTIONAL TORT OR
- ." N'Eq~'~ G'i~i~'C~'~:?CO ~'~'~: ~.~ .'~, rh~TM
" PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY
OTHER LEGAL OR EQUITABLE THEORY),WHETHERARISING
BEFORE ORAFTERTHE EFFECTIVE DATE. MUll' BE RESOLVED
BY RNAL AND BINDING ARBITRATION. THIS INCLUDES ANY
AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR
ADVERTISING CONNECTED TO THE PROVISION OR USE OF
THE SERVICE.
A sinjle arbitrator v~ll be selected in accordance wi~ the rules of the
American Arbitration Association (the "AAA'~. The ~bi~ation will
be conducted under the applicable procedures and rules of the AAA
that are in effect on the date the arbitration is filed unless this dispute
resolul~q set,on is inconsistent with those IXocedures and rules, in
which case. this dispute resolution section will prevail. These
procedures and rules may limit, the ~nounc of discovery z~ilable to
)~ou or us. The arbi~'~tor will apply applicable statutes of limitation,
will honor claims of privilege recognized by law, and will take
reasonable steps to protect customer ~ccount information and other
confidential or proprietary information, including the use of
protective orders to prohibit disclosure outside the arbitration, if
rt~juested to do so by you or the Company. The arbitrator will make
any award in writing, but need not provide a statement of reasons
unless requested by a party. Upon a request by you or us, the
arbitrator will provide a brief statement of the reasons for the zward.
An ~ward rendered by the arbitrator may be entered in any court
havin~ jurisdiction over the parties.
The arbitration of any dispute involving $ I 0,000 or less shall be
conducted in accordance with the Consurner A~'oitration Rules of the
American Arbitration Association ("AAA"), es modified by the
Policies and Practices, which are in effect on the date a dispute is
fee schedules will apply to any disputes in excess of $10,000. Both
you and the Company shall have the rijht to be represented by
counsel in an arbitration. In conducting the arbitration and making
any ~nu~l. the arbitrator shall be bound by and stric~ enforce the
terms of these Policies and Pramices and may not limit, expand, or
oche-wise modify their term~
If any portion of these Policies and Pr~icas (or any por~on of this
dispute resolution section) is determined to be illegal or
unenforceable, then that provision may be deleted or modified and
~ remainder of such Policies and PracticJs (or ~ remainder of this
d~pute resolution section) shall be ~ full force and effect
b. No ClusAc~on or Consolidated Proceedinss. All pardes to
the arbitration must be individually named. THERE SHALL BE NO
RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED
ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON
BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY ON BEHALF OFTHE GENERAL
PUBUC (SUCH AS A PRIVATE Aq-I'ORNEY GENERAL). OTHER
SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED. By
consenrJng to submit your claims to arbitration, you may be foHei~ng
your right to share in any d~ss action ~w'ards. This dispuce resolution
section will not ~c~ply to any individu~1 claims you filed in a I~wsuit
prior to the Effecdve ID~ce of these Policies and Pmcdces nor to the
claims of a class cerr~ed prior to the Effective Date of these Polities
and Prs~ce~ This dispute resolution section will apply to ~11 other
claims, induding class da~s where a class has not yet been certJRed,
even if the facts ~ circumstances upcm which the claims are based
occurred or existed before the Effective Dace of these Policies and
Prac~ce~
Limitation of Available Damages. Including Punitive or
Exemplary DarteRs and Attorney's Fees. THE ARBITRATOR
AWARD ONLY ACTUAL COMPENSATORY DAMAGES
SUPPORTED BY ADMISSIBLE EVIDENCE (EVEN IF GREATER
DAMAGES ARE AUTHORIZED BY STATUTE). THE ARBITRATOR
CANNOT AWARD DAMAGES THAT ARE NOT EXPRESSLY
AUTHORIZED BYTHIS SECTION 10¢ AND CANNOT AWARD
CONSEQUENTIAL. INDIRECT. INCIDENTAl SPECIAL. TREBLE.
PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY
CIRCUMSTANCES REGARDLESS OF WHETHER SUCH
DAMAGES MAY BE AVAILABLE UNDER APPUCABLE LAW, AND
THE PARTIES HEREBY WAIVE THEIR RIGHTS, IFANY, TO
RECOVER ANY SUCH DAMAGES. THE ARBITRATOR ALSO
CANNOT AWARD ATTORNEYS' FEES. YOU AND THE
COMPANY BOTH WAIVE ANY CLAIMS FOR AN AWARD OF
DAMAGES OR ATTORNEYS' FEES THAT ARE EXCLUDED OR
UMITED UNDERTHIS SECTION 10cAND/OR BY APPLICABLE
Notwil:t~:~nding the limi~l:Jo~s set forth in the preceding ~
should it become necessary to resort to court proceedings to
enforce a party's compliance with the dispute resolution and
arbitr~on process set forth herein, and the court direc~ orders or
otherwise requires compliance herewi~, then all of the costs and
expenses, including its reasonable attorneys' fees, incurred by the
party requesting such enforcement shall be reimbursed by the non-
complying party to the reques~g party.
This dispute resolution snction does not prevent either party ~rom
seek~n~ in~m injunctive relief from a court in order to preserve the
status quo or to protect assets until the arbitration has been
commenced and the arbitrator h~ an opportunity to consider the
rnat~r of interim relief.
submit a dispute to arbitration, you must. first send ~ notre to
us addressed to: Customer Dispute Center, do IJti~adon Daabase
Administrator, AT&T Broadband Le~ Department. 188 Inverness
Drive West. En~ewood. CO 80112, and live us an opportunity to
resolve the dispum. Simibrly, before the Company takes a dispuce to
arbitration, it must first attempt to contact you at your U.S. ~
address on the Company's account records, and give you an
you alrea that if you do not cor~ct us within One (I) ~ear of tbe dace
of the occurrence of the e~nc or facts INir~ ri~e to a diqx~e (except
limitations set forth in section 2, above), you waive the Hlht
pursue, in any forum, indudir~ atbitr'~tion or courts` a daJm based
from the dam you or the Campeny is nodrmd (as ~et forth ab°ye) by
in writing etAAA Service Center, 134SSS Noel Road. Suite 17S0,
Dallas TX 7S240~&20, and request arbitration of the dispute.. You
to: Customer Arbitration Demand Center, c/o LJdlation Da~base
Administrator, AT&T Broadband Le~,al Department, 188 Inverness
DriveWest. En~lewood CO 80112. Information about the arb~a~on
process and the AAA's Arbitt'~tion Rules and its fees are available
from the AAA on the Internet at http://www.adr, or~., or by
conca~'dngAAA at the above address. The arbitration will be based
on written submissions of the par~es and the documents relaeng to
the dispute, unless either party requests that the arbitration be
conducted using the AAA's telephone or in.person procedures.
Additional char~es may apply for these, procedure.~ ~
Any in-person arbitration will be conducted ac a Iocatiqn that the
AAA selects in the state of your address at which you receive
Service from us. Any arbitration shall remain confidential. Neither
you nor the Company may disclose the existence, content or results
of any arbkration or award, except as may be required by law, or to
confirm and enforce an award. :
e. Fees and Expenses of Arbitration. You must pay the
ap~ic~ble AAA fllinI fee when you submit yOUr written request fo~ .
arbitrarJon to the AAA. The AAA's filing fee and adminiscrar~ve~
expenses for a document arbitration Will be a~x:ated ~:cordinl~ .~.
the AAA's Rule~ except that for c~a~ns of lessthan $1,000, you wil~
only be oblJ~ced to pay a filing fee of :SIS and we will PW all of the.
AAA's other costs and fees. If you elect an in. person arbitracJor~.
peoce~ you must pay your sh~m of the hi~her adminisa'adve lea and;;
the add~onai cost~ for ~ procet~ Unless. ~lcable subs~nti~.a~
law provides otherwise, each party will pay its own. expenses ~
par~i~ce in the arbia~ion, indudin8 attorney' fees and expens~
The prevailing party may, however, seek to recover the AAA's fees~
f. Collection Proceedinls. Nothing contained herein shaJll
preclude the Company from ~ a cotlec6on alency or attorney ~
collect money that you ow~ us. In such event, you ~ to pay the
reasonable costs of collection or collection agency, reasonable
attorneys' fees and administrative costs, including arbitration
I I. No~cE ' )
Except as provided in par~raph 3 above or o.therwi.se pe,,rmi .tced, .b:~
law, if we send you notice, it will be considered ~qven whe~ aepos~ea ~.
the U.S. mail, addressed to you at'your last-known address, or hanc:
delivered to you or to your home. We may provide electronic or
telephone notice to you. which shall be deemed given when left ~
you. If you ~e notk:e to us. it will be deemed liven when received by
U~
12. CHA~OES TO P°UClES Atto PRActicES
These Policies and pracl~ are sublet: to amendment, m~dJc~eon or
termination if required by law or regulation. We will notify you of
chanles to these Polities and pract~e~ Any chan~ proposed by you
~ only be effective when accepted in writing by one of our senior
officers,within their sole discred~.
13. PRODUCTS AHO SEmnCES PRICE LIST. ·
I~ease note d~t. the Products and Services Price List is chan~ing.and
d~t the new List was not a~aibble et the dine this Nodce was printed'
A separate Products and Services Price List w~ mtm effea~ as of
January 1.2002, will be pn~d to AT&T Broacreand customers in the
lc, (
14. IMPORTANT INFORMATION
PHONE NUMBERS
6.51-222-3333
651-222-3333
6SI-222-3333
OFFICE HOURS
S~ Paul
Sr. Paul MN S$107
6~1~~
I~ NE IOIgM
. 9~ ~
MAIUNG/OFFICE ADD.SS
AT&T ~
~MN SSI~
PUBLIC INFORMATION OFFICES
IB0S Woo(hne Oc. (TIS) 262.SS44
~.rdN S5~2S
(~51) 7]5-934O For t~e ddes ofAnok~ A~dover,
C~/(d Medk~l La~ ~7~
(~1)~-[~1
~ ~c~
~~~~ (Ul)~41
RESOLUTION NO. 2002-30
BEING AN ORDER TO CEASE AND DESIST
WHEREAS, the City of Columbia Heights, Minnesota (the "City") adopted a cable television franchise
on June 25, 1990, setting forth the terms and conditions under which Teleprompter of Columbia Heights/Hill-
top, Inc. was authorized to construct, operate and maintain its cable system in the City (the "Franchise"); and
WHEREAS, as a result of numerous transfers of ownership and control, the Franchise is currently held
by MediaOne North Central Communications Corp., d/b/a AT&T Broadband; and
WHEREAS, AT&T Broadband must comply with the terms of the Franchise; and
WHEREAS, in accordance with § 11.117(8) of the Franchise, the City supervises and enforces the
Franchise on a day-to-day basis.
NOW, THEREFORE, the following is resolved:
Findings
1. AT&T Broadband sent a new Customer Service Agreement ("CSA") to subscribers in the City.
2. The new CSA contains several modifications to the older agreement and was sent out as a "bill stuffer"
to subscribers in the City.
3. The new CSA unilaterally attempts to impose a mandatory arbitration provision governed by the Federal
Arbitration Act (the "Arbitration Clause").
4. The Arbitration Clause, among other things, purports to eliminate certain rights otherwise enjoyed by
subscribers, most importantly the right to damages other than actual damages and the right to bring a class
action lawsuit.
5. The new CSA states that acceptance of its terms, including the Arbitration Clause, will be presumed
where there is continued use of service and that, ifa subscriber finds the terms of the new CSA unacceptable,
the only recourse available to the subscriber is to cancel service.
6. The terms of the CSA were not negotiable and were offered on a "take it or leave it" basis.
7. Pursuant to the terms of the Franchise, AT&T Broadband is required to comply with all laws affecting
the cable system.
8. Pursuant to the terms of the Franchise, AT&T Broadband may be assessed a penalty of $50.00 per day
for failing to comply with any Franchise provision.
Conclusions
The CSA is invalid for the following reasons:
(a) subscribers did not knowingly, voluntarily, and intelligently waive their Constitutional
right to a jury trial;1 and
(b) the contract is unconscionable under Minnesota contract law as a contract of adhesion.
Order
Based on the foregoing Findings and Conclusions, the City Council for the City of Columbia Heights hereby
enters the following orders:
1. AT&T Broadband is hereby ordered to immediately cease and desist the implementation, imposition and
enforcement of the Arbitration Clause in the new CSA.
2. AT&T Broadband is hereby ordered to immediately notify the Assistant to the City Manager of AT&T
Broadband's intent to fully comply with this Order.
3. AT&T Broadband is hereby ordered to do the following within thirty (30) days of the effective date of
this Order: (i) modify its CSA by bringing its dispute resolution policy into total compliance with applicable
law; (ii) provide the City with an opportunity to review and approve the revised dispute resolution policy before
it is issued to subscribers; (iii) inform the Assistant to the City Manager of the manner in which subscribers will
be notified of the revised dispute resolution policy; and (iv) issue a revised dispute resolution policy to
subscribers.
4. Failure to comply with this Order may result in a franchise violation, the immediate issuance of a notice
of violation to AT&T Broadband, and the invocation of appropriate remedies.
5. This Order shall be effective immediately upon its approval by the City Council.
Passed this
day of April, 2002.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
See Brady v. United States, 397 U.S. 742, 748 (1970); also see State v. Johnson, 354 N.W.2d 541,543 Minn. App. 1984).
Work Session 4-15-02
CITY COUNCIL LETTER
Meetin ml 22, 2002
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO.
POLICE
APPROVAL:,
ITEM: Transfer of Funds from General Fund to eolice BY: Thomas M. Johnson,~ BY:
NO Department Budget to Repay Overtime fund. DATE: April 8, 2002 t~dv~'~-~ ' DATE:
BACKGROUND
During the past three months the Police Department has been involved in off duty employment details that are
handled through the department. These details were for security at Unique Thrif~ Store, Columbia Heights High
School events, Columbia Heights Recreation Department events, and security at the Heights Theater during the
Movie Marathon event.
Since this type of off duty employment is handled through the department, officers have signed up and worked
these details since the January 1, 2002. We have received checks from the following entities: Unique Thrift in the
amount of $3,606.64, Columbia Heights High School in the amount of $140, Columbia Heights Recreation
Department in the amount of $300, and the Heights Theater (Morgan & Meyers) in the amount of $2,350.
According to the City Finance Director, this money is considered revenue and had to be placed in the City
General Fund.
ANALYSIS/CONCLUSION
The Police Department is requesting that the City Council pass a motion requiring the $6,396.64 received from
Unique Thrift Store, Columbia Heights High School, Columbia Heights Recreation Department, and Heights
Theater (Morgan & Meyers) to cover the cost of off duty officers working security at these locations be returned
to the 2002 Police Department budget line 1020.
RECOMMENDED MOTION: Move to transfer $6,396.64, the total amount received from Unique Thrift
Store, Columbia Heights High School, Columbia Heights Recreation Department, and the Heights Theater
(Morgan & Meyers) for off duty security worked, from the General Fund to the Police Department 2002 budget
under line 1020, Police overtime.
TMJ:mld
02-59
COUNCIL ACTION:
City of Columbia Heights Police Department
MEMO
To: Chief Thomas Johnson
From: Captain William J. Rgd~~
Subject: Overtime Transfer
Date: April 3, 2002
Attached is a list of the overtime received from January 1, 2002 through April 3, 2002 from
outside sources that has been paid to CHPD for services of our personnel. Please request
reimbursement of these funds to our overtime account.
Columbia Heights Recreation Department
INVOICE # DATE AMOUNT
001 January 11, 2002 $150.00
024 March 08, 2002 $150.00
Columbia Heights Highschool
INVOICE tt DATE AMOUNT
004 February 15, 2002 $140.00
Unique Thrift
INVOICE # DATE
002 & 003 January & February
(2002)
AMOUNT
$3,6O6.64
Morgan & Meyers
INVOICE It DATE AMOUNT
007 Mar 1-3, 2002 $2350.00
Total Amount $ $6396.64
INVOICE
Columbia Heights Police Department
Date:
March 1, 2002
Invoice #: 2002-004
Customer Name:
Address:
Home Phone:
Columbia Heights Highschool
1440 49th Ave NE, Col. Hgts. MN 55421
Work Phone:
528-4602
Request for: 1 Police Officers for:
School Dance Fri. 02-15-02 (193~5-2315) 3.5hrs Okerstrom
BILLING INFORMATION
Number of Officers: 1
Hours: 3.5
Wage is $40. O0 per hour.
Total Due: $140.00
Make checks payable to the "City of Columbia Heights".
Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421
Officer(s) on Duty:
Amount Received:
FOR DEPARTMENTAL USE ONLY
Off Duty:
Date: , c-//'.--.~.a 2.-
VENDOR NUMBER VENDOR NAME CHECKDATE CHECKNO.
08350 - CITY OF COLUMBIA HEIGHTS 04/02/02 00103802
DATE INVOICE NUMBER DESCRIFTION P.O. NUMBER AIVlOUNT
o3/Ol/O2 2002-004 - :Pbl',r_= o~c--~;_~r- ;/l~lO~.- 14o.oo
/o/, oo, ~ f/--~o l
PAID TO: TOTAL AMOUNT
CITY OF COLUMBIA HEIGHTS PAID
ATTN: POLICE DEPT
559 MILL STREET NE
COLUMBIA HEIGHTS MN 55421
140.00
INDEPEN~NT SCHOOL DISTRICT' NO: 13
1400 - 49TH AVENUE N.F_
COLUMBIA HEIGHTS, MINNESOTA 55421
--PAY:
_TO THE ORDER OF:~
303Third Street Northwest .: CHECK DATE CHECK NO.
East Grand Fo~ks; MN 56721."
******'140
Dollars 00 Cents
.- _ "- : -
'- '%-:--~.. CITY 'OF COLUMBIA ~EIGHTS
ATTN: DiTTN: POLICE DEPT
559 MILL STREET NE
COLUMBIA HEIGHTS MN 55421
CHECK AMOUNT
75~i592
912
~:Oq [ ~ [ 5q ~ ?~: [ 5 ~ ~0000 ?r~ ~ 5,,
INVOICE
Columbia Heights Police Department
Date:
Customer Name:
Address:
Home Phone:
March 11, 2002
Invoice #: 2002-007
Morgan & Meyers
2909 HennepinAve S., Mpls 55408
Work Phone:
Bernice Neuman
612-825-0050
Request for: 1 Police Officers for:
ACT II Popfest ~ Heights Theater
Police coverage- 9:00 AM 3/01/02 through
7:45 PM 3/03/02
BILLING INFORMATION
Number of Officers: 5
Hours: 58.75
Wage is $40. O0 per hour.
Total Due: $2350.00
Make checks payable to the "City of Columbia Heights".
Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421
9
Officer(s) on Duty:
Amount Received:
FOR DEPARTMENTAL USE ONLY
OffDuty:
Date:
(Acct: 11010-100)
Check Date = 03/19/02
Total = ***2,350.00
&M ers
Morgan&Myers, Inc.
146 E. Milwaukee St.
(920) 674-4026
PREMIER BANK
OFFICES IN JEFFERSON AND JOHNSON CREEK
FORT ATKINSON, WI 53538
79-217-759
70425
***Two Thousand Three Hundred Fifty & No/100 Dollars
TO THE
ORDER
OF
CITY OF COLUMBIA HEIGHTS
POLICE DEPARTMENT
550 MILL STREET NE
COLUMBIAL HEIGHTS, MN 55421
,'0?0haS,' ':0?Sq0a
DATE
03/19/02
AMOUNT
***2,350.00
& 2 ~-, F= 0 ~ Il'
INVOICE
Columbia Heights Police Department
Date: 2-25-02
February25,2002
Invoice #: 2002-002
Customer Name:
Address:
Home Phone:
Unique Thrift
2201 37th AveNE,
Columbia Heights, MN 55421
Work Phone: 763-788-5280 (Andrea)
Request for: 1 Police Officers for: January 2002
Fri Jan. 04 1500-1800 3hrs - Au Sat Jan 05
Tue Jan 08 1000-1315 3.25 hfs Ni Thu Jan 10
Sat Jan 12 1500-1900 4hrs Mc Tue Jan 15
Fri Jan 18 1500-1900 4hrs Ni Sat Jan 19
Fri Jan 25 1500-1900 4hrs R. So Sat Jan 26
Tue Jan 29 1000-1400 4 hrs Ni Thu Jan 31
1500-1900 4 hrs Bo
1500-1900 4 hrs Ni
1000-1400 4 hrs Bo
(No Office~
1500-1900 4 hrs Ni
(No Office~
BILLING INFORMATION
Number of Officers: 10
Hours: 38.25
Wage is $40. O0 per hour.
Total Due: $1530.00
Make checks payable to the "City of Columbia Heights".
Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421
Officer(s) on Duty:
Amount Received:
FOR DEPARTMENTAL USE ONLY
Off Duty:
Date:
INVOICE
Columbia Heights Police Department
Date:
February25,2002
Invoice #: 2002-003
Customer Name:
Address:
Home Phone:
Unique Thrift
2201 37~ Ave NE, Columbia Heights, MN 55421
Work Phone: 763-788-5280
(Andrea)
Request for:
Fri Feb 01
Tue Feb 05
Sat Feb 09
Fri Feb 15
Mon Feb 18
Tue Feb 19
Sat Feb 23
1 Police Officers for: February 2002
1500-1930 4.5 hrs Ni Sat Feb 02
1000-1400 4hrs Bo Fri Feb 08
1500-1930 4.5 hrs Ok Thu Feb 14
1500-1930 4.S hfs Ok Sat Feb 16
1000-1400 4 hrs Ka* Mort Feb 18
1000-1400 4hrs Mc Fri Feb 22
1500-1930 4.Shrs Fr
1500-1900 4 hrs Au
1500-1930 4.5 hrs Bo
1730-1930 2 hrs Ni
1745-1930 1.75 hrs Ni
1530-1730 4 hfs Ni*
1500-1800 3 hrs Ni
BILLING INFORMATION
Number of Officers: 13
Hours:
41.25 hfs + 8 hrs
~ *Prem Rate ($53.33/hr.)
Wage is $40. OO per hour.
Total Due: $2076.64
Make checks payable to the "City of Columbia Heights".
Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421
FOR DEPARTMENTAL USE ONLY
Officer(s) on Duty: r Off Duty:
Amount Received: '~ ~,C>~ ~ Date:
~HECK: 005656 03/01/02 City of Columbia Heights
CHK TOTAL: 3,606.64
.'-~:~:~,:~'~.?-~!;.::%~ ~1387'~Ave:. E;' .':*-:~':-" '- .~ ". :'"~ ' =- .. ' .... HerRage Bank .." '~ - : '~'-- - -" ' '
"- :~ :':j:'~::~:~: ,::~:; '~plew0od~-MN 55.1'09 ' -:' .-- No~h St. Paul, MN
.... : "f:~-* ' '~'-' :~(651~'773-8077~:' :- ' 75-882-960
"'- "'~*THREE:THOUSAND SIX HUNDRED SIX DOLLARS AND 64 CENTS
-;' ,~.-" ":'-'.:: DATE
PAY - City of Columbia Heights
TO THE City of Col. H~ts Police Dept
ORDER 559 Mill Street NE
OF: Columbia Heights M~ 55421
03/01/02
AMOUNT
*****3,606.64*
,"OOSr::Sr=ll" ~:oqr=oo8885~:q?qSOt, q""
INVOICE
Columbia Heights Police Department
Date: January 25, 2002
Invoice #: 2002-001
C~
Customer Name: Columbia Heights Recreation
Address:
Home Phone:
530 Mill St. NE
Work Phone:
Request for:
1 Police Officers for:
CHASE- Teen Dance 1-11-02 (1845-2230 hrs.)
(Bonesteel)
BILLING INFORMATION
Number of Officers: 1
Hours: 3.75
Wage is $40. O0 per hour.
Total Due: $150.00
Make checks payable to the "City of Columbia Heights".
Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421
Officer(s) on Duty:
Amount Received:
FOR DEPARTMENTAL USE ONLY
OffDuty:
/~"~ Date:
ENTHY
ILED EXPLANATION:
~ecord Police Dept Invoice for 1/11/02 CHASE Dance
02 3050
00 10100
150.00
101OO 150.00
00 34201
SE V: Teen dance 1/11/02
150.00
V: Teen dance 1/11/02
V: Teen dance 1/11/02
150.00 V: Teen dance /11/02
300.00
300.00 PAGE OF
.INVOICE.
Columbia Heights Police Department
Date:
Customer Name:
Address:
Home Phone:
March 11, 2002 Invoice. #: 2002-006
Columbia Heights Recreation
530 Mill St. NE
Work Phone:
706-3736
Request for:
1 Police Officers for:
CHASE- Teen Dance 3-08-02 (1845-2230 hrs.) (Frakie)
BILLING INFORMATION
Number of Officers: 1
Hours: 3.75
Wage is $40. O0 per hour.
Total Due: $150.00
Make checks payable to the "City of Columbia Heights".
Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421
Officer(s) on Duty:
Amount Received:
FOR DEPARTMENTAL USE ONLY
Off Duty:
Date:
HEIGHTS
OURNAL ENTRY
3/31/02
:)ETAILED EXPLANATION: ·
:~ecord Police Dept Invoice for 3/8/02 CHASE V Teen Dance
150.00 3HASE V: Teen dap
300.00 PAGE OF
3/8/02
3/8/02
3/8/02
3/8/02
CITY COUNCIL LETTER
Meeting of April 22, 2002
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. 5-/~ '~ POLICE APPROVAL:
ITEM: Authorization to attend out of town BY: Thomas M. Johnson ,~ BY:
NO conference by Police Explorers DATE: April 11, 2002 ~[u-l) DATE:
BACKGROUND
Annually there is a State law enforcement Explorer conference sponsored by the Boy Scouts of America.
This event is one of the highlights of the Explorers' year. All of the training that the Explorers have
completed during the year will assist them in the statewide competitions that take place at this event.
ANALYSIS/CONCLUSION
The breakdown of the cost for this event is as follows:
Four Explorers ~ $195
Two advisors ~ $195
$780.00
$390.00
The total cost will be $1,170.00 for the conference. This year's conference will be held April 25-28,
2001, at Breezy Point. Funds to cover this event are budgeted for in the Police Department budget.
RECOMMENDED MOTION: Move to authorize the attendance of Officer Joe Sturdevant and CSO
Christine Okerstrom as advisors and four police Explorers at the 2002 State law enforcement Explorer
conference on April 25-28, 2002, at Breezy Point, Minnesota, with costs to be covered out of the 2002
Police Department budget, 101-42100-3320.
TMJ:mld
02-60
COUNCIL ACTION:
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: ,3C- r~- ~ Finance APPROVAL
Establishing Election Precinct BY: Bill Elrite BY:
ITEM:
NO: Boundaries DATE: April 12, 2002 DATE:
Background:
The MN Supreme Court released Legislative and Congressional redistricting plans on Tuesday, March
19, 2002. Three congressional districts split Anoka County. Columbia Heights is in the 5~h Congressional
District and in a single legislative district. (50 -Senate and 50A - House).
Election procedures require the reestablishment of voting precincts in the City after the legislature has
been redistricted, at least 19 weeks prior to the State Primary. Existing precincts must be reconfirmed
by council action. Per: M.S. 205.84 Subd. 2, "if council fails to act, no compensation paid to mayor,
council members until they do act".
There have been no boundary changes for our City; therefore, there is no need to change any precinct
boundaries, only the requirement to reestablish existing precincts.
Recommended Motion:
MOTION: Move to waive the reading of Resolution No. 2002-31, there being ample copies available to the
public.
MOTION: Move to adopt Resolution No. 2002-31, being a resolution establishing precinct boundaries and
designating polling places
COUNCIL ACTION:
RESOLUTION 2002-31
RESOLUTION ESTABLISHING PRECINCTS AND POLLING PLACES
WHEREAS, the legislature of the State of Minnesota has been redistricted; and
WHEREAS, the voting precincts in the City must be reestablished after the legislature has been
redistricted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights,
Anoka County, State of Minnesota that:
2.
3.
4.
The City be divided into eight voting precincts effective with the September 10, 2002 State
Primary Election, and
That the boundaries of the precincts are hereby established pursuant to Minnesota Statute
204B. 14, subdivision 3c, and
That the polling places of the precincts are hereby established pursuant to Minnesota
Statute 204B. 16, and
That such boundaries and polling places shall be as follows:
Precinct 1 described as follows: Beginning at the intersection of 44th and Main Street, south along the
center line of Main Street to 40th Avenue, west along the center line of 40th Avenue to the west
boundary of Columbia Heights, south along the westem boundary of Columbia Heights to 37th
Avenue, east along the center line of 37th Avenue to 5th Street, north along the center line of 5th Street
to 39th Avenue, northeast along the center line of 39th Avenue to Jefferson Street, north along the
center line of Jefferson Street to 40th Avenue, west along the center line of 40th Avenue to 7th Street,
north along the center line of 7th Street to 44th Avenue, west along the center llne of 44th Avenue to
the center line of Main Street.
The polling place for Precinct 1 shall be John P. Murzyn Hall located at 530 Mill Street.
Precinct 2 described as follows: Beginning at the intersection of 44th Avenue and 7th Street, south
along the center line of 7th Street to 40th Avenue, east along the center line of 40th Avenue to
Jefferson Street, south along the center line of Jefferson to 39th Avenue, west along the center line of
39th Avenue to 5th Street, south along the center line of 5th Street to 37th Avenue, east along the
center line of 37th Avenue to Central Avenue, north along the center line of Central Avenue to 44th
Avenue, west along the center line of 44th Avenue to the center line of 7th Street.
The polling place for Precinct 2 shall be Northwestern Electronics Institute located at 825 41st Avenue
N.E.
Precinct 3 described as follows: Beginning at intersection of 42nd Avenue and Central Avenue, south
along the center line of Central Avenue to 37th Avenue, east along the center line of 37th Avenue to
Hayes Street, north along the center line of Hayes Street to 40th Avenue, west along the center line of
40th Avenue to Reservoir Boulevard, northeast along the center line of Reservoir Boulevard to 42nd
Avenue, west along the center line of 42nd Avenue to the center line of Central Avenue.
Page 1 of 3
The polling place for Precinct 3 shall be Parkview Villa located at 965 40th Avenue N.E.
Precinct 4 described as follows: Beginning at the intersection of 42nd Avenue and Central Avenue,
east along the center line of 42nd Avenue to Reservoir Boulevard, northeast along the center line of
Reservoir Boulevard to McLeod Street, west along the center line of McLeod Street to north along the
center line of McLeod Street to 45th Avenue, west along the center line of 45th Avenue to southwest
comer of Keyes Park, north along the western boundary of Keyes Park to 46th Avenue, east along the
center line of 46th Avenue to the Minneapolis Water Works, north along the boundary of the
Minneapolis Water Works to 49th Avenue, west along the center line of 49th Avenue to Fillmore
Street, northwest along the center line of Fillmore Street to 50th Avenue, west along the center line of
50th Avenue to Central Avenue, south along the center line of Central Avenue to the center line of
42nd Avenue.
The polling place for Precinct 4 shall be Highland Elementary School located at 1500 49th Avenue
N.E.
Precinct 5 described as follows: Beginning at the intersection of Hayes Street and 37th Avenue, east
along the center line of 37th Avenue to Stinson Boulevard, north along the center line of Stinson
Boulevard to 45th Avenue, west along the center line of 45th Avenue to the Minneapolis Water Works,
west along the southern boundary of the Minneapolis Water Works to Keyes Park, west along the
southern boundary of Keyes Park to McLeod Street, south along the center line of McLeod Street then
east along the center line of McLeod Street to Reservoir Boulevard, southwest along the center line of
Reservoir Boulevard to 40th Avenue, east along the center line of 40th Avenue to Hayes Street, south
along the center line of Hayes Street to the center line of 37th Avenue.
The polling place for Precinct 5 shall be First Lutheran Church located at 1555 40th Avenue N.E.
Precinct 6 described as follows: Beginning at the intersection of Stinson Boulevard and 45th Avenue,
north along the center line of Stinson Boulevard to the northern boundary of Columbia Heights, west
along the northern boundary of Columbia Heights to Central Avenue, south along the center line of
Central Avenue to 50th Avenue, east along the center line of 50th Avenue to Fillmore Street, southeast
along the center line of Fillmore Street to 49th Avenue, east along the center line of 49th Avenue to
Johnson Street, south along the western border of the Minneapolis Water Works to 46th Avenue, west
along the center line of 46th Avenue to northwest comer of Keyes Park, south along the westem
boundary of Keyes Park to 45th Avenue, east along the center line of 45th Avenue to the southern
boundary of Minneapolis Water Works, east along the southern boundary of Minneapolis Water Works
to 45th Avenue, east along the center line of 45th Avenue to the center line of Stinson Boulevard.
The polling place for Precinct 6 shall be Highland Elementary School located at 1500 49th Avenue
N.E.
Precinct 7 described as follows: Beginning at the intersection of 7th Street and 44th Avenue, east
along the center line of 44th Avenue to Central Avenue, north along the center line of Central Avenue
to 53rd Avenue, west along the center line of 53rd Avenue to 7th Street, south along the center line of
7th Street to the center line of 44th Avenue.
The polling place for Precinct 7 shall be Valley View Elementary School located at 800 49th Avenue
N.E.
Page 2 of 3
Precinct 8 described as follows: Beginning at the intersection of Main Street and 44th Avenue, east
along the center line of 44th Avenue to 7th Street, north along the center line of 7th Street to 53rd
Avenue, west along the center line of 53rd Avenue to University Avenue, south along the center line of
University Avenue to 45th Avenue, west along the center line of 45th Avenue to Main Street, south
along the center line of Main Street to the center line of 44th Avenue.
The polling place for Precinct 8 shall be Valley View Elementary School located at 800 49th Avenue
N.E.
Passed this day of ,2002.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
Page 3 of 3
Spring Lake Park
Precinct Map
Spring Lake Park,
Fridley, Hilltop and
Columbia Heights
1-1
2-1
lq
Hilltop
3-4
Columbia Heights
Prepared by the Anoka County G.I.S. Department
June 26, 2000
CITY COUNCIL LETTER
Meeting of: 4/22/02
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
~F-_ g-{ ~ PUBLIC WORKS
ITEM: RESOLUTION 2002-28: DECLARING THE BY: Kevin Hanser~7~:A ~.. DAT-~?t///~tn~/BY:E~/~ ~'
INTENT TO BOND FOR: ZONE 6A STREET DATE 4/10/02 ~
REHABILITATION PROJECTS, INCLUDING UTILITIES
Background:
On March 4, 2002, the City Council ordered the street and utility improvements in Zone 6A. Plans and specifications have been
prepared by staff and are currently advertised for bids. The bid opening date is scheduled for May 72, 2002 and will be presented
for Council consideration at their May 13th, 2002 regular meeting.
Analysis/Conclusions:
In previous years, inter-fund loans were made to the PIR to pay for the construction. Currently, cash available to fund the
construction is limited as the City has in excess of $2.5 million in internal loans. For this reason, there is the potential for bonding
for the 2002 Street Rehabilitation Program. Combining this with the fact that bonding rates are at their lowest point in years
makes bonding a very viable f'mancing option.
To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. This
was done for the Zone 3, 4 and 5 Street Rehabilitation construction. It should be noted that the resolution does not commit the
City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified.
Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public.
Recommended Motion: Move to adopt resolution 2002-28, approving the declaration for the official intent of the City of
Columbia Heights to Bond for Zone 6A Street Rehabilitation Project.
Attachments: Resolution
COUNCIL ACTION:
RESOLUTION NO. 2002-28
DECLARING THE OFFICIAL INTENT OF THE CITY OF
COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES
FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, Internal Revenue Service has issued Tres. Reg 1.140-2 providing that proceeds of
tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain
requirements are met; and,
WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures
which may be financed temporarily from sources other than bonds, and reimbursed from the
proceeds of a bond;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS AS FOLLOWS:
The City reasonably intends to make expenditures for project number 2002-02,
consisting of Street Rehabilitation and Utility work identified as the Zone 6A Street
Rehabilitation Project, and reasonably intends to reimburse itself for such
expenditures from the proceeds of debt to be issued by the City in one or more series
in the maximum principal amount of $1,375,000.
2. This resolution is intended to constitute a declaration of official intent for purposes of
Tres. Reg. 1.150-2 and any successor law, regulating or ruling.
Dated this 22nd day of April 2002.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: 4/22/02
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: RESOLUTION 2002-29: DECLARING THE BY: Kevin
INTENT TO BOND FOR: CENTRAL AVENUE STREET, DATE 4/10/02
UTILITY, AND STREETSCAPING IMPROVEMENTS.
Background:
On March 18, 2002, the City Council ordered the street, utility and streetscaping improvements for the Central Avenue Project.
Plans and specifications have been prepared by the engineering consulting firm of URS/BRW and are currently advertised for
bids. The bid opening date is scheduled for April 30th, 2002 and will be presented for Council consideration at their May 13th,
2002 regular meeting.
Analysis/Conclusions:
In previous years, inter-fund loans were made to the PIR to pay for the construction. Currently, cash available to fund the
construction is limited as the City has in excess of $2.5 million in internal loans. For this reason, it is desired to bond for the
Central Avenue Street, Utility and Streetscaping Improvements. Combining this with the fact that bonding rates are at their lowest
point in years makes bonding a very viable financing option.
To keep the potential bonding alternative open, the Council should approve a resolution declaring the intent to bond. This was
done for the Zone 3, 4 and 5 Street Rehabilitation construction projects. It should be noted that the resolution does not commit the
City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified.
Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public.
Recommended Motion: Move to adopt resolution 2002-29, approving the declaration for the official intent of the City of
Columbia Heights to Bond for the Central Avenue Street, Utility and Streetscaping Improvements.
Attachments: Resolution
COUNCIL ACTION:
RESOLUTION NO. 2002-29
DECLARING THE OFFICIAL INTENT OF THE CITY OF
COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES
FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, Intemal Revenue Service has issued Tres. Reg 1.140-2 providing that proceeds of
tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain
requirements are met; and,
WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures
which may be financed temporarily from sources other than bonds, and reimbursed from the
proceeds of a bond;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS AS FOLLOWS:
The City reasonably intends to make expenditures for project number(s) 1999-12 and
1999-12A, consisting of Trunk Highway Rehabilitation, Utility and Streetscaping
work identified as the Central Avenue Street Rehabilitation Project, and reasonably
intends to reimburse itself for such expenditures from the proceeds of debt to be
issued by the City in one or more series in the maximum principal amount of
$3,875,000.
2. This resolution is intended to constitute a declaration of official intent for purposes of
Tres. Reg. 1.150-2 and any successor law, regulating or ruling.
Dated this 22nd day of April 2002.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: 4/22/02
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: ~-A-\ ~ PUBLIC WORKS~ gYA~E . ~ ~/~/
ITEM: RESOLUTION ACCEPTING PETITION FOR THE BY: K. Hansen
FULL RECONSTRUCTION OF MONROE DATE: 4/17/02/~k~/x'~
STREET, FROM 43~ TO 44TM AVENUES
Background:
On March 25th, 2002, a petition was delivered to the City Council at their regular meeting requesting the full reconstruction of
Monroe Street, from 43rd to 44th Avenues. The petition was received and referred to staff to review and check property owners.
Analysis/Conclusions:
The petition requests that Monroe Street from 43rd to 4& Avenues be fully reconstructed, instead of partially reconstructed as
recommended by staff at the Public Improvement Heating. Minnesota State Statute 429 provides when project costs are greater
than what was noticed at the Improvement Heating, the project is required to have a new public hearing to consider the cost
increase. This is the case when going from a partially reconstructed street to a fully reconstructed street under Zone 6a of the
City's Street Rehabilitation Program. Chapter 429 also provides that when a petition is signed by 100 percent of the fronting
property owners, a public improvement hearing is not required.
Public Works/Engineering staff provided the petition form used as recommended by the League of Minnesota Cities Local
Improvement Guide. Staff has reviewed the petition indicating the requested change in improvement and associated increase in
assessments, from $2,125 to $2,550, and signatures and found that 100 percent of the affected properties owners have signed the
petition.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public.
RECOMMENDED MOTION: Move to approve Resolution 2002-32, which accepts the petition for the Full Reconstruction of
Monroe Street from 43~d to 4& Avenues, and declares the petition to be signed by all affected owners.
KH:kh
Attachment: Resolution
COUNCIL ACTION:
RESOLUTION NO. 2002-32
RESOLUTION ACCEPTING PETITION FOR THE FULL RECONSTRUCTION OF
MONROE STREET, 43~ TO 44TM AVENUES
WHEREAS, A petition for local improvement has been submitted to the City of Columbia
Heights, and
WHEREAS, the petition was examined by the City Engineer, checked and found to be in proper
form and to be signed by all owners of property affected by the making of the improvement
petitioned for.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA:
The petition requesting the Full Reconstruction of Monroe Street, between 43~a and 44th
Avenues, filed with the council on March 25th, 2002, is hereby declared to be signed by
all owners of property affected thereby. This declaration is made in conformity to
Minnesota Statutes 429.035.
Dated this 22nd day of April 2002.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: 4/22/02
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: 5- ]~-,~ PUBLIC WORKS~ BDYA~E. ~//~
ITEM: AUTHORIZATION TO SEEK BIDS FOR 2002 BY: K. Hansen .~,l~l,
SEWER PIPE LINING DATE: 4/16/2002 ~'" .
Background:
Public Works annually budgets $50,000 for pipe lining to address pipe deficiencies. Through the sewer line televising program,
utility crews televise and inspect 16,000 feet a year. From these reports, a determination is made on pipe conditions. Along with a
history of plugged sewers and/or backups, a determination is made for which pipe segments would benefit from pipe lining.
Analysis & Conclusions:
Two segments of pipe are recommended for pipe lining in 2002:
1021 feet of 15" VCP clay tile on 37* Avenue, from Pierce to Tyler Streets, is recommended for lining. Inspection
reports have identified cracked pipe, significant joint deformity and infiltration. There is also a long history of plugged
sewers in this area. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints.
996 feet of 12 inch RCP in a residential easement between 43rd and 44th Avenues, west of Monroe Street to Washington
Street. During the Zone 5 Street Rehabilitation Project, the trunk sanitary sewer was cleaned and televised from Central
to University Avenues. From that investigation, it was recommended to line the entire length in a systematic approach
addressing those segments in the worst condition, first. The pipe joints in this area have severe root intrusion and are also
located in a narrow easement, making pipe lining the best alternative as opposed to replacement. Lining will eliminate
root intrusion and infiltration at the joints.
Recommended Motion: Move to authorize staff to seek bids for the 2002 sewer pipe lining project.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting off April 22, 2002
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: ..~-/.[ _ ! c{ Community Development APPROVAL
ITEM: Consideration of environmental proposals for BY: Tim Johnson 7".f' BY.' ~~
3955 University Avenue DATE: April 18, 2002
NO:
Issue Statement:
The City of Columbia Heights has received environmental proposals for Phase I and Phase II work for the gas station
property at 3955 University Avenue.
Background:
The property in question is the current gas station at 3955 University Avenue NE, which the City recently entered into a
purchase agreement for. The City has proposed to purchase this property, and will assume the Phase I and Phase II
responsibilities to identify any environmental contamination issues.
Analysis:
Because this site has been identified as a former leak site, staff has requested Phase I and Phase II proposals from three
qualified environmental consulting firms, which identify a proposed scope of work and detailed costs. The Phase I will
assess the history of the property and the potential for environmental impact; the Phase II will determine if petroleum
contamination is present and determine thc extent and magnitude of impacted soil/groundwater. Staff has reviewed all three
proposals submitted and provides this summary:
· Applied Engineering Phase I work $2,500.00
Phase H work $6,201.50
Total $8,701.50
Applied Engineering estimated that they would need to drill six, 20 foot borings, and analyze five soil samples in
accordance with MPCA guidelines, and also analyze groundwater samples if encountered. Evaluate data and prepare
report.
· ProSource Technologies Phase I work $1,550.00
Phase II work $4,650.00
Total $6,200.00
ProSource Technologies estimated that they would need to drill 4-7 test holes varying in depth from 20-50 feet to
determine current contaminant locations and analyze up to six soil samples in accordance with MPCA guidelines, and
up to 3 ground water samples will be analyzed in accordance with MPCA guidelines, if encountered. Evaluate data and
prepare report.
· Epoch Environmental Phase I work $1,995.00
Phase II work $3,639.35
Total $5,634.35
Epoch Environmental estimated that they would need to drill 5 test borings to a depth of 15 feet and analyze one soil
and one ground water sample in accordance with MPCA guidelines. Evaluate data and prepare report.
Staff contacted the MPCA and spoke with several environmental consultants regarding what a Phase II may require as it
relates to this site. MPCA staff recommended that test borings be drilled to a minimum depth of 20 feet, and perhaps more if
contamination is found. If groundwater is encountered, then groundwater samples will need to be analyzed for
contamination as well. MPCA staff indicated that soil borings of 15 feet may not be deep enough to identify contamination,
and more than one groundwater sample may be required. While Epoch Environmental has submitted the lowest proposal for
both Phase I and Phase II projects combined, additional test holes may be necessary, which could mean additional costs,
according to MPCA and other consultants. If the contract is awarded to Epoch Environmental, additional borings or analysis
could end up costing the City more than the proposal from ProSource Technologies. The proposal from ProSource
Technologies, after discussion with MPCA, seems to be a more thorough proposal, and should be sufficient to identify any
contamination present. The proposal from ProSource is based on a 'not to exceed cost estimate', whereas Epoch
Environmental's proposal indicates that if site conditions affect the cost estimate prepared, we would be consulted to
authorize changes. Accordingly, staff believes that the most responsible proposal is from ProSource Technologies.
Additionally, staff asked Epoch to resubmit their proposal with a more realistic scope of work as it relates to this site, and
has not yet received this proposal.
Motion:
Move to approve ProSource Technologies as the environmental consultant for Phase I and Phase II work at 3955 University
Avenue, based upon their low, qualified, responsible bid in the amount of $6,200.00, with funds to be appropriated from
20446314-3050, and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same.
Attachments: Environmental firm proposals
COUNCIL ACTION:
ProSource Technologies, Inc.
Environmental Science · Right-of-Way/Land Acquisition · Engineering/GIS
Environmental Assessments and Regulatory Permitting
· Phase I, H and IH Environmental Property Assessments
· Voluntary Investigation and Cleanup
· Environmental Assessment Worksheets (EAW)
· Environmental Impact Statements (ELS)
· Underground Storage Tank Assessments CUSTs)
· Ground Water Quality Monitoring and Analysis
· RCRA and Corrective Measures Studies
· Environmental Grant and Reimbursement Assistance
· Federal Energy Regulatory Commission (FERC)
· National Environmental Protection Act (NEPA)
· United States Army Corps of Engineers Permitting
· National Pollutant Discharge Elimination System (NPDES)
Right-of-Way/Land Acquisition Services
· Project Management Services
· Ronte/Site Selection Evaluations
· Route/Site Feasibility and Cost Studies
· Land and ROW Acquisition
· Property Title Work for Facilitating Property Acquisitions
· Field Survey Support
· Construction Support for Linear Projects
· Public Relations Consulting
· License and Permit Acquisition for Railroad and Utility Crossings
· Specialized Regulatory Compliance Consulting
· Payrolling & Land Administration Services
· Temporary In-House Land Administration Services
Engineering and Hazardous Waste Management
* Remedial Investigation/Feasibility Studies
· ArcViewTM Geographic Information Systems (GIS)
· Landfill Siting, Design and Permitting
· RCRA, CERCLA and SARA Title III Compliance
· Closure/Post-Closure/Contingency Action Plans
· Groundwater Flow/Contaminant Modeling
· Corrective Action Design and Remediation Alternatives Evaluation
· Remediation System Design and Implementation
· Surface Water and Wetlands
· Floodplain and Floodway Evaluation
· Emergency Response and Site Cleanup Coordination
Recovery and Monitoring Well Design and Installation
· Regulatory Liaison and Expert Witness Testimony
Phone (763) 786-1445 · 277 Coon Rapids Boulevard, Suite 304, Coon Rapids, MN 55433 · Fax (763) 786-1030
April 16, 2002
Mr. Tim Johnson
City Planner
Cily of Columbia Heights
590 40~ Avenue Northeast
Columbia Heights, Minnesota 55~21
Re:
Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Dear Mr. Johlison:
ProSource Technologies, Inc. (ProSou~e) is pleased to preseut to you a proposal and cost estimate to
conduct a Phase I & II Environmental Site Assessment (ESA) of time property located at 3955 University
Avenue in Cohunbia Heights, Minnesota, As we discussed during our phone call this morning, the property
is currently dev~i~ as a sc-i'vice station and the City wishes to acquire the parcel since it is a non-
conforming use. As part of the acquisition proce~% the City is requesting that a Phase I & II ESA be
conducted to deteiaiine the s/to h/story and evaluate ~e potent/al of any environmental concerns or
liab/l/t/es. This proposal is/mended to replace our previous submittals dated September 4, 2001 and
September 26, 2001.
An initi'~ searc, h of the Minnesota Pollution Control Agency (MPCA) Leaking Underground .Storage Tank
(LUST) program d~_~base revealed that a release of unleaded gasoline and diusel fuel were reported at the
sit~ on August 31, 1989 (Leak No. 1534). The site was closed by the MPCA on November 14, 1991.
However, soil ami ground watur contamination remain on the property.
Therefore, tbe purpose of this Phase I ESA will be to meet property Wansfer guidelines as set forth by the
MPCA, and to determine ifa release or threat~ed release of a hazardous substance, pollutant, or
contaminant exis~ or has occurred under the meaning of the Minnesota Environmental Response and
Liability Act (MERLA). In addition, the Phase I ESA will assess the potential for environmental impact
to this properly from other nearby facilities also covered under MERLA. The objectives of the Phase H
ESA will be to deism/ne if petroleum contamination/s present and to determ/ne the extent and magnitude
of thc/mp~ed soil and/or grmmd water,/fp~sent A deta/led scope of work to conduct the Phase I & II
ESA/s provided below.
P/u~se I £S.4
The Phase I F. SA will be conducted following guidelines established by the American $oci~ for Testing
and Materials (ASTM), "Standard Practice for Environmental Site Assessments: Phase I Environmmtal Site
Ass¢~nnent Process, Standard E1527--00". In addition to tho ASTM guidelines, the MPCA Voluntary
Investigation and Cleanup Program (VIC) Program Fact Sheet ~8 "Phase I Investigation" will be utilized
as a guide for conduc~g the work. The scope of services to be provided by ProSource to conduct ~ Phase
I ESA of the facility includes the following:
Proposal and Cost Estimate
Phase I & H Environmental Site Asses~t
Page2
1. ~ - Describe the location of the property, by street address, township and municipality,
count, and United States Geological Survey (USGS) Quadrants to the nearest 1/4 section.
2. History_ of Owner~hi? - Provide the h/story of ownership of the pmporty for the past 50 years or as far
back as there are records, including the name of each owner, and the appro~te year(s) of ownership.
History_ of _O!~al%n.s - For each owner/operalor of thc pmpe_rty, determinc what activities they
e~q~aged in. In particular, determine operation processes, raw products used, types and composition
of any waste streams, disposal methods, enviro~ ptmaits ired solid or hazardous waste streams
including manifests, Ireatment, storage, disposal, spills or enforcement actions.
Site Reconnaissance - Conduct a property walkovor to determine the presence of underground or
abovegronnd storage tanks including types of materials stored, refuse disposal, wells, septic systems,
sumps, pia, ponds, lagoons, catchment basins, retention ponds, areas of surface soil siaining, stressed
vegelation, or any other indication of a contamination source. Adjacent properties will also be
inspected to determine if they are potential sources ofcon/audrmfion.
$. ~- Provide historic and current property maps which designate the locations of all pertinent
sffe features, structures and potential sources of contamination.
~lahpJll_i~a~ - Provide and review copies of historic Sanborn fire insurance maps, or reasonable
facsimiles, to check for altered land use, previous storage, etc.
7. ~- Review historic city directories which have been published to detmanine the history
occ~pancT.
8. Database File Search - Conduct a database file search of all applicable sta~e and federal regulatory
agencies to determine the presence of known contaminated sites near the site.
Aerial Photograr~.~ - Provide and review copies of aerial photographs, or reasonable facsimiles, to
check for alK-red land use, previous storage, etc.
10.
Information Requests - Inquire via letter or telephone interview with local officials regarding their
knowledge of the site. Persons to be comacted include the local engineering and/or public works
dqmUnmt, planning and development personnel of the city, county and other development authorities,
zoning and assessment personnel of the city or county, the county solid waste officer, the county
hazardous waste officer, snd the local fire department inspector.
PA~se H F~SA
The scope of services to be provided by ProSource to conduct a Phase II P. SA of the facility include an
MPCA file roview, subsurface investigation, laboratory testing and a final report. Each is discussed in the
following sc~ions.
1. File Review - As previously stated, the property is the site of a former petrol~lm release and has had
some amount of mvironmm~al work conducted on it in thc past. Thcrcforc, to determ/~ the complete
ProSource Technologies, Inc. April 16, 2002
Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Page 3
history of cleanup activities at the property, ProSource will perform a detailed file review of the
.trol .c~m:l re. lg~.~ at the MPCA to de(ermine what specific cleanup efforts have been performed at the
e and to what extent and magnitude petroleum impacts may remain at the site. Special attention will
be given to any soil excavation work, soil borings, vapor mitigation and ground water
moni~'ing/remediatio m
Subsurface InvestigatiOn - In order to determine current site contaminant concentrations, and
investigate near other potential source areas, several ~est holes are proposed to be advanced. The
locations of these test holes will be identified following completion of the file review and the Phase I
ESA. They will be advanced in locations where data gaps are identified, in areas of concern identified
in the Phase I ESA, and where contaminants from the previously closed r~lease may still exist at thc
property. For cost estimating purposes, we have assumed thai a drilling contractor will be employed
for ~e 8 hour day (lump sum basis). Depending on the subsurface conditions, it is anticipated that four
to seven ~ holes varying in depths from 20 to 50 feet will be advanced at the site to determine current
site contaminant locations and concentrations. Recovered soil samples will be screened on-site with
a photoionization d~ctor (PID). Up to 6 soil samples will be analyzed at a laboratory for diesel range
organics (DRO), gnsolme range organics (GRO) and benzene, toluene, ~hyl benzene, and xylenes
(BTEX) and up to 3 ground water samples will be analyzed for DRO, GRO and volatile organic
compounds (VOCs), ifencounmred. We have assumed that thc services of a private utility locater will
also be necessm~ to locate private utilities at the site.
~ - ProSource will l~pare a single comprehensive report documenting all Phase I & H
investigation activities and will provide our opinion as to whether any idenlified impacts could pose
a significant risk for future site d~,elopment. The report will also assess ifa new r~lease has occurred
since closure of the historic release and make recommendation for a~dons to be laken to properly
document the site conditions. Included within the report will be a detailed site diagram depicting the
location of all existing tanks, building slructures, utilities, and drilling locations conducted at the
prop,my.
Assumptions/Conditions:
No attempt will be mad~ to ~fform a compliance audit involving regUlatory permit revic"~v for any on-
site operations or adjacent areas of concern identified during lb_is site assessment, or for any planned
use of the property.
2. ProSource will be provided with the names and telephone numbers of key contact persons for the
It will be necec,,sary to con~'t only those agencies specified in thc proposed scope of services to obtain
information on current and prior ownership, land use, and regulatory compliance. Furthermore, it is
assumed that all information compiled from these agencies can be obtained wiihout conducting on-site
4. All field (or "on-site") activities will bi: complc~d in Level-D Im~onal protection.
ProSource Technologies, Inc. April 16, 2002
HHN 15 ~UU~ 3:U~H~ HH LHSE~JE1 3~UU
Proposal and Cost Estimate
Phas~ I & II Environmental Site Assessment
Page 4
5. The site reconnaissance will only be performed across areas of the prope~ which am readily
accessible during site activities.
Cost ~stimate Snmmar~
Based on the above scope of work, we have prepaid a "no! to exceed" cost estimate to complete the Phase
I & ff ESA. A breakdown oft. he estimated fees is presented be, low.
Labor $1,200
File Search Fee $ 250
Equipment and Expenses $ 100
Phase I ESA Total $1,550'
Phase II ESA
File Review $ 500
Phase II Field Investigation:
Labor $ 750**
Drilling Contractor and Private Utility Locator $1,400'*
Laboratory $ 80O
Equipment and Expenses $ 150
Phase II Report $1.050
Phase II ESA Total $ 4,650
Estimated Project Tolal $ 6,200
* Nih inelading sampliag and aaalysis for a~:stos ~ontainin~ m~zfials ~r phas~ Il work.
** Drilllng mad P~Somr~ owr~ight cost bas~l on 1.0 day of f-mid work.
ProSource would be able to initiate the project immediately and complete the project, aa described in the
above scope of work and cost estimate, witlxin approximately 6 weeks following your authorization to
proceed. ProSouree will invoice you upon completion and submittal of our final report.
I sincerely appreciate the opportunity to submit this proposal and cost estimate. To authorize the work,
please sign in the space presented below and return via fax to (763) 786-1030. Otherwise, if you have any
questions, please feel free to call Jill Keefe or I at (763) 786-1445.
Very truly yours,
Wade A. Carlson
Principal/Senior Project Manager
Accepted by:
Signature/Title
Attachmmt: Standard Terms and Conditions
PmSouree Technologies, Inc. April 16, 2002
Proposal and Cost Estimate
Ph~_~e I & II Environmental Site Assessment
?age 5
STANDARD TgRMS AND CONDITIONS
ST,4~DARO OF CARE. services shall be performed in accordance with the standard ofprofl~ss~onal prnct/ce ordinarily
~m~sed bY the applicable profusion at the lime and within Ihe locality wlmm the Se~,i~s m ~. Pmfi~s/on~ Services
not subject to, and ProSma~e can not provide, any wnmlnty or guaranl~ expr~ or implied, including warrantim or
gu~aai~Cs ~atined in any uniform colmm:rcial code. Any st~ch w.~,antie~ or ~uaranU:es conmued in my purchase orders,
requi~ions or notices to proceed isled by a client are specifically. ~bject~xl to.
CHANGE OF SCOPE. The scope of S~rvi~s set forth in this Agreement is lmsed on facts known al the ~ of execution
of this Agn~mcnt, hlclud~8, ~f applicable, infonmtion supplied by Client Pm' some pmjec~ the scope may not be fully definable
promptly provide Client ~ an amendment ~o this Agreetmnt to mcogni~ tach change, which ~ be deemed approved if not
objected to within 15 days ofreceipt by Client. -
SAFETY. PmSource~embKshedaadmaimainscorporaie~~~s~~ofitsemploy~es. U~lc~s
spcci~cally included as a service to he provided as a serv/ce under this Agreemmt, ProSource sl~cifically disclnin~ any authority
o~ responsfl~i~ for general job site safety and safety of penmns other than PmSource employees.
In the event fltat is delayed by .CSent and such delay exceeds 30 days, ProSource shall be cntitled to an extension of~e equal
to gtc delay and an equitable adjustment in cmmpema~on.
~ATION 1 SUSPENSION. Eithcrperty n~y termite this Agreement upon 30 day~ wriuen notice to th~ o~he~
party. Client shall pay ProSou~ce for aH Sen, ices, including any ~ incurred prior to tei'minat~n.
In thc event that cithcr party defaults in its obligations under this Agrccment (inclmiing Clients obligagon to make thc paymmts
required hetc~ __~rr__), thc non~n~ patty may, after ? day~ written notice stating its ~nten~n to suspend l~rformmce trade-
thc Agreezn~ if cure of nw, h default is not canm~ced and diligently centlnued, and failure of the ddaul~g party to commmee
cure within such time limit and d~ligently confinu~, suspeaxl perfm'~,,~e undc~ ibis Agreemc~
OPINIONS OF CONSTRUCTION COST. Any opi~o- of construction co~ ~ by ProSourco is supp]ied
for ti~ ~ gnid~c~ ofti~ Client oaly. Sin~e ProSour~ kas no control over ~ comp~ti6~ bidding or nmkct oonditiom,
ProSouree cannot guaranl~:e the accuracy of such opinions as compared to contract bids or actual costs to client.
REI.ATIONSHIP WITH CONTRACTORS. l~c~ce ,s,,!! serve as Client's professional representative for the
Smvices, and may make recommendations to Client concerning actions relating t~ Client's contrac~o~ but ProSource specifie~y
disclaims any authority to direct or supervise ~he means, methods, teclmiques, sequences, or ~s or conslruclion sdecl~!
by Clicnfs contracton.
CONSTRUCTION/CONTRAcTOR OVERSIGHT. F~projectsinvolvinscoe.struc~m or com'actor owrsisht,
Client aclmowledges that under generally accepu~i professional pr~tice, inte~etalions of construction docun~nts or field plans
in the field ate normally required, and &at perfor,~q,,ee ofcensmic~i~n-related se~ices by th~ design professional for the project
pemfits errors or tanissiom to be identified and corrected at compsratively low cost. Client agr~s to hold Pro,~mrce harmless
from any claims resulfi~ from ~ of co~straction-relatsd or conlractor oversight services by persons otl~r than
Pro,orate.
INSURANC]~. ProSotu~ will main~in insut-a~ce coverage for Comprehensi~ General, AutomoMie and Worker's
Compensalion in nmmmts in accordance with legal, and ProSource's lmsine~ requirements. ~ evidencing such coverage
ProSourc~ Technologies, Inc. April 16, 2002
APR 16 2002 3:0GPM HP LASERJET 3200 p.V
Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Page 6
10.
will be provided to Cliem upon rcqucsL
INDEMNITIES. To the fullest extent permitted by law, Pre~ zhaU huicnmify ami sa~e hamfless Clirnt from and
aga~n~ ~ liability, and c~ ~ by Clip.r. its agama, employees, and r~m~m~fivcs by reason of injury or death to
pcrsans 0r danmgc to tangible ~o~rty to the exumt c~.._~! dirccfly by the vnllfui miscoudmt or ~ to adher~ to the standard
of'care described in Pa:agraph 1 above of ProSource, its a~cnt or employees.
To the fullest extent permitted by law, Client ~ defend, indemnify, and save harmless ProS~urc¢, its a~nts, employees, and
representatives from end agltinst loss, liability, and damages (including ~sonable litigation ¢o~s) arisins f~om or relatin~ to
clnims for inju~, or death to persons, damag~ to tangiblc property, or olf~r losses, alleg~xl to be caused by any ofthe following:
(a) any mbstan~ conditi~t, clcmmk or material ornny cornbinalion of~c forcgoing (i).imxluced, cmittat or rclcas~ f~n
Projec~ (ii) tested ~ ProSource under this ASree~___~, or (iii) used or incmlxe'a~l by ProSour~ in the Services; or Co) operation
or management of the Project. Client also a~r~s to require its construction =ontmctor, if any, to include ProSour~c as an
1 I. LIMITATIONS OF LIABILITY. No ~p~oy¢c or agent °fProSource shall have individual liability ~o Client.
12,
13,
14,
15,
16,
1%
18,
Cliem a~'oes that to ~¢ fullcst extent t~-~itted by law, PmSource's liability to Clicat for any and ali inj~urie~, claims, losses,
expenses or damages whatsoever arisir~ out of or in any way ~lal~l to the Project or this Agn:cmcnt from any causes including,
but not limited to, ProSource's negligence, erron, omit_leas, strict liability, or breach of contract ~ not exceed the total
compca~tion received by ProSource under this Agrccnm~ Ii'Client desires et limit of liability greater than that provided above,
Cliem and Pzo,.~mce shall inclmic in Part [] of Ittis Agt~mcnl the amount of such limit nmi fl~e additiomd compensalioo to bc
paid 1o ProSomcc for assumption ofs~h ~Iditional risk.
IN NO EVENT AND UNDER NO C1RCLrMSTANCF~ SHALL PROSOURCE BE LIABLE TO CLIENT FOR
CONSEQUBNTIAL, INCIDENTAL, iNDIRECT, SPECIAL, OR PUNITIVE DAMAGES.
ACCESS. Client ~ provide ProSom'~e safe a~ss to any premi~ ne~ssary for ~ m pmvid~ set~-i~es.
REUSE OF PROJECT DELIVERABLES. Rcase of any documents or or.her deliverables, includins ctcc~oni¢
media, pertaining m the Projec~ by Client for any puqmse other than tlmt for which such documents or deliverables wore originally
pregmred, or altoralion of such documents or deliverables without wrillcn verificalion or adaptalion by ProSource for the specific
purpose intended, shall be a~ thc Client's risk Client agrees to defend, indenmi~, amihold harmless PmSomcc fl~nn all claims,
damages, and cxpcns~ (including reasonable litipiioa costs), arising o~t of tach rcusc or sltcrrdon by Clic~t or otbers acting
AI'~[~IV[]~N"I'. This Agr~e~nent, upon execuiion by both parties hereto, can be amended only by a Wrilten instrument
signed by bolh parties.
A~'I~NT. Er, cep~ for sasignnmm (a) to emitlcs which cemroi, or are controlled by, the parties lum:~o or Co) resulling
from operation of law, ~ rights and obligations o~ this ^greeme~ cannot be a.~ by either patty without writteu permission
oftbe other party. This Agreement slutll be binding upon and inure m the benefit of any permitted assigns.
STATUTES OF LIMITATION. To the rull~ extent permitted by law, p~ies agree that, except for ~emnificettion,
thc ~ pet~od for bringing claims under this Agreement shall expire one year after Project completion.
PROW A n_,ING PARTY Lmc TI ON COSTS. evmt my actions ~ blxmght to esd'orce lids Agreement,
the ]W~ailing MI.rty sh_a]l be enlitled tO collect ils litigation ~ from the other pm'ty.
NO WAIVER. NO waiver by. eilh~r party of any default by ~he oth~ party hz ~e perfmmaace of any pa~icular section of
this Agreement shall invalk~e any other section of this Agreement ~ operate as a waiver of any future default, whether like or
ditT~ent in character.
ProSource Technologies, Inc. April ! 6, 2002
Proposal and Cost Estimate
Phas~ I & II Environmental Site Ass~ssrn~nt
Page 7
19. NO THIRD-PARTY BENEFICIARY. Nothing coa,,~,,~d in ~ ^Veetn,nt, nor thc performanoe o£thc parties
hereunder, is immded ~o benefit, nor slaatl i~ure Io the benefit of, a~y tlm'd party, imqudiag Cli~fs comract~rs, if any.
21}.
SEV~RABI~ITY. The various tenm, provisions and covenams heroin ccmained ahab be deem~ to b~ separat~ and
and tl~ invalidity or unenforce, ability of any of them shall not artist ov impair the validity of e~ffor~mbility of tho
21. AUTHORITY. TI~ persons s~ning ~s Ag~m~t warrant tlxat th~'y have the authority to sign as, or on behalfof, the party
for whom th~ are signing.
ProSource Technologies, Inc. April 16, 2002
EPOCH
ENVIRONMENTAL
GROUP
PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)
SERVICES PROPOSAL
CLIENT:
PROJECT:
City of Columbia Heights
590 - 40th Avenue, NE
Columbia Heights, MN 55421
Phase I Environmental Site Assessment (ESA) Services for City of Columbia
Heights Re~arding Active C-Store/Gasoline Station Located on the Southeast
Comer of 40 and University Avenue, Columbia Heights, MN.
PROPOSAL it: 2401-6629-01
DATE: August 31,2001
INTRODUCTION
EPOCH Environmental Group, LLC is pleased to submit the following proposal to conduct a Phase I
ESA for the site referenced above. Information provided to EPOCH by Client was used to develop the
scope of work presented in this proposal.
SCOPE OF WORK
EPOCH's Phase I ESA is designed to assess properties in light of past and present land use, surrounding
land use, local hydrogeological conditions, and site operations in order to identify environmental
conditions. EPOCH will adhere to the standard practice for the Phase I ESA Process developed and
published by the American Society for Testing and Materials (ASTM), Designation E 1527-2000.
The Phase I ESA will be performed with the understanding that the level of inquiry regarding site h/story,
land use, and business operations will not be exhaustive, and furthermore, that no environmental samples
are to be taken and analyzed for suspected contaminants or to support evaluations. The scope of the
Phase I ESA consists of appropriate inquiry through the standard practice and methodology covered in
ASTM designation E 1527-2000. Its intent is to reasonably identify recognized environmental conditions
for a subject property regarding a finite period of time. Recommendations or a work plan for appropriate
Phase II ESA investigation to address concerns identified in the Phase I ESA can be provided, but they
are outside of tkis Phase I ESA scope of work.
The Phase I ESA is composed of the following components:
1) Freedom-of-Information Inquiries
2289 Cedar Street, Suite 104 A, Lino Lakes, MN 55038-8782, Phone: (65l)490-2905, Fax: (651) 490-3777
Page 1 \\DAHL01\PROJECTSXPmposals\V6000\V6600\v6629-01 Columbia Heights 40th & University.
Phase I.doc
EPOCH Phase I ESA Proposal - ASTM Standard
City of Columbia Heights
August 3 i, 2001
Appropriate local, state, and federal agencies are contacted for file review and available
information regarding sites with the potential for environmental concerns, within a one-mile
radius of the assessed site. The review includes spill and leak sites, CERCLA sites, hazardous
and solid waste generator/storage facilities, dumpsites, waste disposal inventories, permitted
industrial facilities, etc.
2) Review of Client-Provided Information
All available historical information, site specifications, legal descriptions, existing reports and/or
studies, etc. are reviewed. Client provides chain-of-Title report to EPOCH.
3) Review of Local Hydrogeological Conditions
To satisfy the ASTM standard's physical setting source requirements, a 7.5 minute U.S. Geological
Survey topographic map is reviewed, if available. Information regarding water wells, dry wells, state
water quality sampling, aquifer protection permits, soils and geology is reviewed as needed, to provide
subsurface soil and groundwater data. Other reports are reviewed as available.
4) Detailed Site Inspection
The site inspection will include a thorough walkover review of the property to be assessed. Particular
attention is given to surface soils, vegetation, equipment/debris, materials stored, utilities, types of
business, drainage, structure construction and composition, etc. No inspection for radon gas,
formaldehyde-containing materials, or asbestos-containing materials are performed, nor are samples of
soil, water, air or other materials collected for laboratory analysis unless explicitly specified in this
scope of work.
5) Review of Historical Public Information
This includes a review of maps, aerial photographs, insurance rate maps/data, zoning history and any
other pertinent available literature to evaluate historical land use in the site vicinity.
6) Interviews
Interviews are conducted as appropriate with former owner/operators, neighboring businesses, and city,
utility and regulatory persormel. Subjects will include past and present waste management practices,
unreported spills/violations in the area, surrounding land use, location of utility
trenches/drains/transformers, and discussion of information derived from other sources.
REPORT
The Phase I ESA report documents all data collected for the site and surrounding area, and will include a contact list
and copies of all pertinent information. The data gathered will be used to provide a detailed site history, a
description of existing conditions, and a summary of recognized environmental conditions. The summary of
recognized environmental conditions will not function as a Work Plan for a Phase II ESA. (Ifa Phase II Work Plan
is warranted after review of this summary and client's specific concerns about the subject property, EPOCH can
provide this additional service.)
Page 2 \\DAHL0 l\PROSECTS\Proposals\V6000\V6600\v6629-01 Columbia Heights 40th & University Phase I.doc
EPOCH Phase I ESA Proposal - ASTM Standard
City of Columbia Heights
August 3 I, 2001
For the purpose of this assessment, a "recognized environmental condition" will have the meaning defmed by
ASTM standard E 1527-2000 in sec 3.3.31. A summary of this defirfition is: "..the presence or likely presence of
any hazardous substance or petroleum products on a property under conditions that indicate an existing release, a
past release, or a material threat of a release of any hazardous substances or petroleum products into structures on
the property or into the ground, ground water, or surface water of the properry. The term includes substances even
under conditions in compliance with laws. The term is not intended to include de-minimis conditions that generally
do not present a material risk of harm to public health or the environment and that generally wouM not be the
subject of an enforcement action if broztght to the attention of appropriate governmental agencies."
LIMITATIONS
The Phase I ESA does not function as a facility compliance or hazardous waste audit, but may identify compliance
areas which may require closer review. There is no assurance in this ~ype of investigation using "appropriate
inquiry" that every individual environmentally-related concern will be discovered. This evaluation is designed to
reduce bz, t not necessarily eliminate uncertainty regarding recognized environmental conditions. This evaluation
provides no guarantee that other risks may remain uncovered.
Phase I ESA information is obtained from a variety of sources including but not limited to: the property owners,
operators/occupants, public records, published maps, and local, state, and federal agencies. EPOCH accepts no
liability for the accuracy of the information obtained from these sources.
The work product of this investigation will follow applicable industry methods and standards of care as practiced by
other professionals conducting business in this area, under similar conditions, and time and budget constraints. The
report will be prepared and provided for the express use of our Client for the intent of evaluating potential
environmental liabilities present on the property and adjacent area. Other than this, there is no warranty expressed
or implied.
PROJECT SCHEDULING
Project activities will commence as soon as a contract approval and authorization has been received. Preliminary
verbal results are provided at client request and/or upon discovery of significant concerns. A written report is
submitted to the client within 30 days of contract execution (mm around time may be lessened pending Client needs
and EPOCH schedule). A written report is usually submitted to the client within 30 days of contract execution.
Responses to freedom-of-information inquiries not received prior to date of report submission will be forwarded to
the client upon receipt.
CLOSING and OTHER SERVICES
Should the Client request EPOCH's services to address areas of specific concem, correspond with other involved
parties, prepare a Phase II ESA Work Plan, or be available to further present information at a real estate closing,
costs for these services will be billed at EPOCH standard professional rates as an additional service to this contract.
Page 3 \\DAHL01\PROJECTS',ProposalsxV6000\V6600\v6629-0 l Columbia Heights 40th & Llniversity Phase [.doc
EPOCH Phase I ESA Proposal - ASTM Standard
City of Columbia Heights
August 31, 2001
WORK METHODS and COSTS
EPOCH employs accepted industry methods and standards of care to get the most accurate information. Our Project
Manager will keep you informed of our activities as the project progresses. EPOCH agrees to provide our services
billed at our standard professional rates, and to provide a bill for services within five days of completion of services.
Information provided to EPOCH by the client was used to develop the scope of work presented in this proposal.
Based on this information EPOCH's estimate of the cost of the Phase I Environmental Site Assessment for the
referenced site is $1,995.00. If during the course of the investigation, information becomes available that would
change the scope and cost of the project, the client will be consulted and no additional work will be performed
without client approval. Furthermore, if costs increase more than 15% above the estimate, your written
authorization will be required to authorize the change. If you authohze additional work, it will be done under the
terms of this contract.
We will prepare the Phase I ESA Report on your behalf and provide up to two final copies, one for your records and
one for submittal to other parties at your direction. EPOCH will retain one copy for our file, and provide additional
report copies at your request charged at our report generation fee. We welcome the oppommity to work for you on
this project and can follow it through additional phases should they be warranted.
This proposal will remain open for a minimum of 30 days, and is offered contingent upon EPOCH's satisfactory
review of Client credit references and other due diligence.
Page 4 ',DAHL01\PROJECTS'xProposalsW6000\V6600',v6629-0 t Columbia Heights 40th & University Phase 1.doc
April 12, 2002
Mr. Tim Johnson
City of Columbia Heights
590 - 40t~ Avenue, N.E.
Columbia Heights, MN 55421
EPOCH
ENVIRONMENTAL
GROUP
APR 2002
Dear Mr. Johnson:
Proposal for Phase II Environmental Site Assessment (Phase H) Services for the City
of Columbia Heights Regarding the Former Conoco Station Located at 3955
University Avenue, N.E., Columbia Heights, MN.
Enclosed you will find the EPOCH Environmental Group, LLC (EPOCH) proposal with a general scope of
Phase II work that could be used at this facility. We recommend that the Phase I ESA is conducted first to
identify environmental and other concerns, or that a site visit is conducted to determine whether this general
scope will meet the sites specific conditions. Based on our experience, this scope would be sufficient at
many retail petroleum service stations.
The scope we are proposing consists of five (5) test boring to a depth of 15 feet, field screening continuous
soils samples, and submitting one soil and one ground water sample for laboratory analysis of
BTEX/MTBE/GRO and DRO analytes. We will also prepare a technical report documenting activities,
methods and results of the Phase II ESA.
If you have any questions on the scope of service, or would like it revised to match actual site conditions,
please contact Gary Turgeon at (651) 490-3763. In order to retain EPOCH, please sign both original
contracts, and return one to our office as authorization to proceed. Thank you, and we look forward to
meeting your needs on this project.
Sincerely,
EPOCH Environmental Group, LLC
/~'Gary Turgeon
Director of Business Development
GET: em
Enclosures: Phase II Property Evaluation Services Proposal and Contract
2289 Cedar Street, Suite 104 A, Lino Lakes, MN 55038-8782, Phone: (651) 490-2905, Fax: (651) 490-3777
P:~Proposals\V6000\V6600\v6629-02 Columbia Heights 40th & University Phase II.doc
EPOCH
ENVIRONMENTAL
GROUP
PHASE H ENVIRONMENTAL SITE
ASSESSMENT (ESA) SERVICES PROPOSAL
City of Columbia Heights
590 - 40~ Av~mue, N.E.
Columbia Heights, MN 55421
PROJECT: Phase II Environmental Site Assessment (Phase 1I) Services for the City of
Columbia Heights Regarding the Former Conoco Station Located at 3955
University Avenue, N.E., Columbia Heights, MN.
PROPOSAL #:
2402-6629-02
DATE: April 12, 2002
SCOPE of SERVICES:
EPOCH Environmental Group, LLC. (EPOCH) will provide Environmental Consulting Services to
CI.I~NT, described as conducting a Phase 12[ ESA regarding possible evidence of petroleum impacts at the
project site. EPOCH will follow industry methods and standards of care to accomplish this scope of Work.
EPOCH will proceed with the following work plan designed to accomplish this work.
PROPOSED WORK PLAN:
1). Prepare a site specific health and Safety Pan (HASP) as required by OSHA. Notify Gopher One Call
and meet locators to mark public utilities on the subject property, and request that owner mark private
underground mil/ties on the property.
2). Subcontract services to advance up to 5 direct push probes, and collect soil and groundwater samples to
reasonably assess the presence of petroleum contaminants fi:om previous site use and operations. Probes
will be advanced to an estimated depth of 15 feet to achieve a depth that should be below the bottom depth
of the petroleum storage tank.~. Probe depth may vary depending on site-specific conditions.
3). Field screen probe soil samples with a photo-ionization detector (PID), and laboratory analyze select
soil samples (estimated at 1 per probe) for BTEX/MTBE/GRO, and DRO parameters to document levels
of petroleum impact. A methanol blank will be analyzed as well. Field screening procedures and soil
sampling procedures will follow the headspace bag method and EPA method 5035 as described in
MPCA Fact Sheet #3.22.
4). Groundwater samples will be collected from each of the direct push borings if encountered, and
laboratory analyzed for BTEX/MTBE/GRO and DRO analytes following MPCA groundwater sampling
protocol described in Fact Sheet #3.23. According to this guideline, duplicate, field and trip blank
\~'POCH01 \projectdataXPmposals\V6000\V6600\v6629-02 Columbia Heights 40th & University Phase II.doc
EPOCH Environmental Group, LLC.
Phase II ESA Environmental Services Proposal
April 12, 2002
Page 2
samples will also be analyzed (trip blank at no charge).
5). Prepare a report documenting our field work, methods, test boring logs, field screening results,
laboratory analyses, and conclusions of the Phase II ESA.
WORK METHODS and COSTS:
EPOCH employs accepted industry methods and standards of care to obtain the most accurate information
and data in order to represent our client's best interests. EPOCH's field persormel and Project Manager will
consult with you as the Phase 11 ESA is completed, and keep you informed of our activities. We will
prepare our report and submit it to you. We will provide two final copies, one for your records and one for
.submittal to the regulatory authority or another party at your direction. EPOCH will retain one copy for our
file, and provide additional report copies at your request chai-ged at our report generation fee.
EPOCH agrees to provide its services on a time and materials basis billed at EPOCH standard rotes. This
proposal includes an itemized cost estimate of these services of up to $3639.35. EPOCH fully accounts for
our services through a detailed listing of all charges on monthly invoices. If site specific conditions, or
conditions beyond our control affect the methods or costs on this job, you or your representative will be
consulted to authorize changes. Furthermore, if costs increase more than 15% above the estimate, your
written authorization will be required to authorize the change. If you authorize additional work, it will be
done under the terms of this contract.
We welcome the opportunity to work for you on ti:ds project and can follow it through additional Phases
should they be warranted. While we have been very successful at securing reimbursement of costs from the
Petrofund for our clients, EPOCH can not guarantee that all of the costs in this proposal will be reimbursed.
In fact, costs for Phase II ESA services are generally not eligible for Petrofund reimbursement. This
proposal will remain open for a minimum of 30 days, and is offered contingent upon EPOCH's satisfactory
review of Client credit references and other due diligence.
\~EPOCH01\projectdataXProposals\V6000XV6600\v6629-02 Columbia H~ghts 40th & University Phase II.doc
EPOCH Environmental Group, LLC
Environmnetal Consultants & Engineers
Proposal #:
Project #:
Customer.
Site:
24-6629-01 Date: 12-Apr-02
24-6629
City of Columbia Heights Contact: Tim Johnson
Former Conoco Station, 3955 University Avenue N.E., Columbia Heights, MN
PHASE II ENVIRONMENTAL SITE ASSESSEMENT (ESA) PROPOSAL
PROFESSIONAL ASSESSMENT SERVICES
Task Sub-Task Resource Amt Unit Unit Price
1. Workplan & HASP Preparation/Define and Coordinate Scope of Services
Project Dir. 0.5 hour
Project Mgr. 2 hour
Asst Scientist 3.5 hour
2. On-Site Soil and Groundwater Data Collection
Soil bodng supervision/soil sample collection
Asst Scientist 7 hour
3. Phase II ESA Report
Drafter 2.5 hour
Admin Asst. 0.5 hour
Project Dir. 0.5 hour
Project Mgr. 6 hour
4. Correspondence with Client, and Others
Admin. Asst. 0.25 hour
, Project Mgr. 1 hour
5. Mobilization
Asst Scientist 2 hour
EXPENSES
1. Diagnostic equipment & Supplies
Photo Ion Det (PID)
Soil Sampling Supplies
2. Vehicle/mileage
Truck Mileage
I day
1 day
30 Mile
SUBTOTAL PROFESSIONAL PHASE II ESA SERVICES
$98.00
$82.00
$60.00
$60.00
$45.00
$35.00
$98.O0
$82.00
$35.00
$82.00
$60.00
$90.00
$30.00
$0.38
Extended Sub-Task
Price Price
$423.00
$49.00
$164.00
$210.00
$420.00
$420.00
$671.00
$112.50
$17.50
$49.00
$492.00
$90.75
$8.75
$82.00
$120.00
$120.00
$120.00
$90.00
$30.00
$11.40
$11.40
$1,856.15 $1,856.15
SAMPLE AND LABORATORY SERVICES (EnChem 2001 Schedule)
Task Sub-Task Resource Amt
Unit
Unit Pdce
Extended Sub-Task
Price Pdce
1. Laboratory Services Soil
Laboratory Soil Sample Costs
BTEX MTBE GRO
MDH 465FE list VOCs
TPH by DRO method
2. Laboratory Services Water
Laboratory Groundwater Sample Costs
BTEX MTBE GRO (inclds Duplicate & Field Blank)
MDH 465F list VOCs
TPH by DRO method
5 @ sample
@ sample
5 @ sample
sample
sample
sample
$32.50
$91.80
$37.80
$32.50
$91.80
$37.8O
$162.50
$189.00
$227.50
$189.00
$351.50
$416.50
SUBTOTAL LABORATORY SERVICES
$768.00 $768.00
DIRECT PUSH PROBE/DRILLING SERVICES (Matrix Sub)
Extended Sub-Task
Amt Unit Unit Price Price Price
Task Sub-Task Resource
1. Direct Push Prebe/Ddlling Services
Probe Sampling and Sealing
Borings 0 - 50 feet
· Sealing of test probe
Crew, Rig & SV Mob
Admin & Public Utility Clearance
MDH sealing record
1 Estimate 75' $486.00 $486.00
75 per foot $1.08 $81.00
1 lump sum $297.00 $297.00
1 lump sum $129.60 $129.60
1 site/event $21.60 $21.60
$1,015.20
SUBTOTAL DRILLING SERVICES
$1,015.20 $1,015.20
EPOCH
ENVIRONMENTAL
GROUP
CONTRACT CHANGE ORDER FOR ENVIRONMENTAL
CONSULTING, CONTRACTING AND ENGINEERING SERVICES
THIS AGREEMENT, made this 12th day of April 2002, by and between:
24-6629-02
EPOCH Environmental Group, LLC (EPOCH) & City of Columbia Hei.qhts
Site Location: 590-40th Avenue, N.E.
Columbia Heiqhts, MN 55427
(Client)
The "Client" and "EPOCH" for mutual consideration hereby agree to amend EPOCH Contract
# 24-6629-01 as listed below (or according to proposal # 24-6629-02
The general conditions set forth in the original contract remain and are made a part of this
amendment.
.).
ESTIMATE: $ 3,639.35
The parties agree that the services provided by EPOCH are engineering services and contribute to
the improvement to real property. In the event Client fails to pay EPOCH any and all amounts due to
EPOCH pursuant to this Agreement, Client acknowledges that EPOCH has the right, at its option, to file and
prosecute one or more mechanic's liens, or similar liens or claims ("Contractual Lien"), under the relevant
state statutes for the full amount due under this Agreement, plus all accrued interest and the costs of
collections, including attorney's fees. In the event EPOCH files a Contractual Lien, the parties agree that
EPOCH may, in its discretion, foreclose same by action pursuant to the relevant state statute(s)
In Witness Whereof, the parties hereto have executed this contract change order as of the date
written above.
EPOCH
Name: Mike Watson
Title: Reqional Manager
Date: April 12, 2002
CLIENT
By:
Name:
Title:
Date:
2289 Cedar Street, Suite 104 A, Lino Lakes, MN 55038-8782, Phone: (651) 490-2905, Fax: (651) 490-3777
EPOCH
ENVIRONMENTAL
GROUP
CONTRACT CHANGE ORDER FOR ENVIRONMENTAL
CONSULTING, CONTRACTING AND ENGINEERING SERVICES
THIS AGREEMENT, made this 12th day of April 2002, by and between:
24-6629-02
EPOCH Environmental Group, LLC (EPOCH) & City of Columbia Heiqhts
Site Location: 590-40th Avenue, N.E.
Columbia Heights1 MN 55427
(Client)
The "Client" and "EPOCH" for mutual consideration hereby agree to amend EPOCH Contract
# 24-6629-01 as listed below (or according to proposal # 24-6629-02
The general conditions set forth in the original contract remain and are made a part of this
amendment.
.).
ESTIMATE: $ 3,639.35
The parties agree that the services provided by EPOCH are engineering services and contribute to
the improvement to real property. In the event Client fails to pay EPOCH any and all amounts due to
EPOCH pursuant to this Agreement, Client acknowledges that EPOCH has the right, at its option, to file and
prosecute one or more mechanic's liens, or similar liens or claims ("Contractual Lien"), under the relevant
state statutes for the full amount due under this Agreement, plus all accrued interest and the costs of
collections, including attorney's fees. In the event EPOCH files a Contractual Lien, the parties agree that
EPOCH may, in its discretion, foreclose same by action pursuant to the relevant state statute(s)
In Witness Whereof, the parties hereto have executed this contract change order as of the date
written above.
EPOCH
By: ~ '~~~"r ~~ By:
Name: Mike Watson Name:
Title: Regional Manager Title:
Date: April 12, 2002 Date:
CLIENT
2289 Cedar Street, Suite 104 A, Lino Lakes, MN 55038-8782, Phone: (651) 490-2905, Fax: (651) 490-3777
APPLIED ENGINEERING, INC.
29o5 OAK LEA TERRACE
WAYZATA, MINNESOTA 55391-2533
(612) 939-9095
FAX 939-0178
Services Provided
Applied Engineering is a full service environmental firm specializing in underground petroleum storage
tank work in Minnesota and Wisconsin.
Our goal is to obtain Wisconsin or Minnesota Pollution Control Agency (MPCA) file closure for your site
as quickly and as cost-effectively as possible. To minimize overhead costs, we do not employ drillers or lab
technicians. However, we can obtain such services if needed. We recommend only what you need for your site
and no more. We pride ourselves on reviewing with you all the options, and then selecting the plan that suits you
best for MPCA file closure.
We have experience in the construction / petroleum industry since 1976 and have worked with the MPCA
on over 200 leak sites since 1989. Services include:
MPCA Remedial Investigations
MPCA Groundwater Monitoring
Phase I Environmental Investigations
Underground Storage Tank Removal/Closure Soil Sampling
Geoprobe Soil Borings and Monitoring well installations
Laboratory services
,APPLI£D
Environmental &
Engineering Services
THOMAS A. GREENE, P.E.
Owner
APPLIED ENGINEERING, INC.
2905 Oak Lea Terrace
Wayzata, Minnesota 55391-2533
Tel (612) 939-9095
Fax (612) 939-0178
Trained and equipped staff offering complete Environmental capabilities
Minnesota Petrofund reimbursement assistance
Soil Treatment permitting including land farming and thermal treatment
Wisconsin Certified Site Assessor
Licensed Professional Engineer
Licensed Monitoring Well Contractor
Reasonable rates, quality work
Member:
Consulting Engineers Council of Minnesota
American Consulting Engineers Council
Minnesota Groundwater Association
National Groundwater Association
Minnesota Petroleum Marketer's Association
AE-STD 4/00
SEP 17
2905 Oak Lea Terrace
Wayzata, MN 55391-2533
Ph 952-939-9095 Fax 952-939-0178
September 13, 2001
Tim Johnson
City of Columbia Heights
590 40th Ave NE
Columbia Heights, MN 55421-3835
RE: Phase I Investigation Proposal, 3955 University Avenue
Dear Tim,
As requested, we can perform a Phase I Environmental Site
Assessment in accordance with ASTM Standards, CFR 1527-00.
Property Address to be investigated:
3955 University Avenue; we understand this is an
existing service station
Price: $2500.00
Schedule: A report should be available in
approximately two weeks.
Unless specifically ordered, no direct sampling or testing
for hazardous materials is included in this proposal (i.e., soil,
groundwater, or wetlands contaminants, radon, asbestos, lead,
urea-formaldehyde foam insulation, etc.)
Please call me if you have any questions, 952-939-9095, we
can start work as soon as you are ready.
Applied Engineering, Inc.
Thomas Greene, P. E.
Arch
Services Provided
Qualification Summary
Fax Transmittal
At'I'I.I£
2905 Oai( Lea T,:rrace
W~rzata, MN 55~91-2533
Ph 952-939-909~, Fax 9,52-939-0175
April 9, 2002
To: Tim Johnson, City of Columbia Heights
Fax ~ 763-706-3671
Number o~ Pages to follow: 2
Prom: Thomas Greene
AE # B020
RE: Phase II Prelim. Proposal, 3955 University, Columbia Heights
Dear Tim,
As requested, we are providing this preliminary cost estimate
for a proposed Phase II environmental site assessment (Phase II
ESA) for the referenced property. The objective of the Phase II
ESA is t,) provide an initial screening of environmental
conditions that will likely be identified in a future Phase I.
The objective of the Phase II ESA is to evaluate whether the
soil and/or groundwater at the site are adversely impacted by an
underground storage tank system. The scope of this proposal
assumes a typical service station configuration to include a
single t.~nk basin containing approximately three 8,000 gallon
gasoline tanks, two pump islands, and a used oil tank.
Estimated Price: $6,201.50
The proposed scope of work and cost estimate are attached. The
price and scope of work are strictly preliminary and subject to
the findings of the Phase I investigation.
Please call me if you'd like to discuss this further, 952-939-
9095.
Applied--Engineering, Inc'.
Thomas G:ceene, P. E.
Atch:
Proposed Scope of Work
Invf}stigation Cost Estimate
?zopose~ B¢o~e Of Wozk
3955 university, Columbia Heights
Applied Engineering, Inc.
The following tasks are proposed at the site as part of this
evaluation:
Advanced six borings to a maximum of 20 feet below land
surface using the direct-push drilling method (3 at tank
basin; 2 at pump islands; I at used oil tank).
Screen soil samples with a photoionization detector for the
presence o£ volatile organic vapors.
Collect five soil samples from the tank system area and
analyze them for gasoline-range organics (GRO), benzene,
toluene, ethylbenzene, and xylene; collect one soil sample
from the used oi1 tank boring and analyze it for diesel range
organics, volatile organic compo%mds, polychlorinated
blphenyls (PCB) and eight resource conservation and recovery
act metals.
If groundwater is encountered, then groundwater samples are to
be co!lected and analyzed instead of soil.
Evaluate the data and prepare report.
418/02
Location: 3955 University Ave
I Item
GEOPROBE SOIL BORINGS
,Prepare work plan, coordinate installer
Geopmbe subcontractor;, install six soil
borings to maximum of 20 feet.
INVESTIGATION COST ESTIMATE
ApRl. ied Engineering, Inc. AE# B020
# ' Unit
IltemsiQty IUnit IRate(.$)lAmount ITotal
68.00
Geoprobe Contractor Mob / Demob
.~eoprobe Contractor Hourl~ Rate On-site
_Geoprobe Contractor Seal borings
Geoprobe Contractor Coot & MDH Sealing
125.00
Soil Boring Set-up and Oversight
Travel
Project Mana~ier, field visit
Travel
Sub Total
Fixed-base Laboratory Anal~/sis of soil samples:
$2,601.00
GRO
VOC, DRO, 8 RCRA Metals, PCBs
.Sazi-~ple preparation and handling
Sub Total
Equipment:
IvePhOtoionizatior~ Detector (PID)
Field Supplies/Sai~pling Equip. &
hicle Cost --
Sub Total Other Investigation Work
PROJECT MANAGEMENT
INVESTIGATION and REPORT
IEnvimnmental Scientist
Project Mana~.~r
Sub Tolal ~eport
! I
GRAND TOTAL
Key: LS=Lump Sum LF=Linear Foot CY--Cubic Yard
40.25 201.25
339.25 339.25
54.00 108.00
$648.50
9O 90
48
5O
78.00J 624.00
6s.ooJ 1,3so.oo!
78-00l 780.00!
$188.00
$624.00
$2,140.00
$6,201.50
CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA ORIGINATING CITY MANAGER
SECTION: DEPARTMENT: APPROVAL
NO: -~ ' ~ I--q Fire
ITEM: Establish Hearing Dates BY: Charlie Thompson
License Revocation, Rental Properties
DATE: April 17, 2002 DATE:
NO:
Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested
against the following owners regarding their rental property for failure to meet the requirements of the Residential
Maintenance Codes.
1. F.C. Celtic, L.L.C ......................................................... 3849 Central Avenue NE
2. Rueben Cruz .................................................................. 4524 Monroe Street NE
3. Salman Ali .................................................................... 1224-1226 Circle Terrace NE
RECOMMENDED MOTION: Move to Establish a Hearing Date of May 13, 2002 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic, L.L.C. at 3849
Central Avenue NE.
RECOMMENDED MOTION: Move to Establish a Heating Date of May 13, 2002 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Rneben Cruz at 4524
Monroe Street NE.
RECOMMENDED MOTION: Move to Establish a Heating Date of May 13, 2002 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Salman Ali at 1224-1226
Circle Terrace NE.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting off April 22, 2002
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
APPROVAL
NO: 5-A- {(,9 Fire
Approval of Rental Housing License BY: Charlie Thompson BY: ~,~t~
ITEM:
Applications
NO: DATE: April 17, 2002 DATE:
Approval of the attached list of rental housing license applications, in that they have met the requirements of the
Housing Maintenance Code.
MOTION: Move to approve the items listed for rental housing license applications as submitted.
COUNCIL ACTION:
30027 4100 4th Street
30109 3850 Stinson Boulevard
30125 4425 University Avenue .....
30135 4715 University Avenue
30141 5131 University Avenue
30145 4433 University Avenue
30175 3806 Stinson Boulevard
30177 3816 Stinson Boulevard
12207-NC 4520 Fillmore Street Abdelhakim Ahmed
12200 840 50th Avenue Bahr Vernon
30047 233 42nd Avenue Bailey Ga~
,.3.~..~.~ ....................... .~ ,_.~,.?_~ ............................. 37th Avenue Birch Phyllis
12112 4624 { ~l'-'~'~"~t-~' ~'t~ .............................................. *~o~'~'~'e~~ ........... ~{~'
~0'-~'~- .......................... ~'5~ ......................................................................................... 5th Street -'T'~'~ .................. 'Clifford
20128 621 51st Avenue Busse Daniel
12215 3947 Tyler Street Gaillier-Flores Heather
12029 4048 Madison Street Carstensen Kath~n
20261 1207 43-1/2 Avenue Chen Gharles
37011 1836 39th Avenue Ghilds Lorayne
'~"~i095 ..................................... ' .................................... 617 ~'51st Avenue '~"Ghrismon .............................................. Jr. ~Kenneth
37040 1075 Polk Circle 'C-~olli---r~'s- .................
20058 1162 Cheery Lane Crosby
10007
46O7
Pierce Street
Frank
Katherine
Dalseth Marilyn
37035 4101 6th Street DeMars Mitchell
12080 4546 Fillmore Street Erickson Karolyn
12206 1110 43-1/2 Avenue Farrey William
12109 3933 Ulysses Street Foy Richard
20000 4622 Johnson Street Frauly Karen
20377-NC 943 ~2nd~ Avenue 'Garner Merlin
12090 952 [44-1/ e i Geor Gary
12133 1010 I42nd A-~; e-n-u-~ Gillespie Roger
20311 4633 Pierce Street Gottschalk Jennifer
20284 3807 Pierce Street Hammouri .Wajdi
627 51st Avenue Hoyle Joe
2191 4851 5th Street 'Jennings Matthew
20068 4919 Jackson Street Johnson Michael
12151 4002 Cleveland Street Jones Lorna
30082 315 T44th Avenue ~Juaire !Michael
~LaRocque ~carole
20301 4344 Quincy Street ~ L~Mo-~'~' ~Brian
34013 4210 Quincy Street ~ Lindgren ~Way
12163 4209 Washington Street ~'E~'~ ~John
20258 1027 43-1/2 Avenue Lucking [Willam
30034 2200 39th Avenue ~ Lupient James
20035
20038
4407 Jackson Street
4400 iVan Buren Street
Maciaszek
Maciaszek
20039 4404 Maciaszek Joe
12119 4600 Malik Jamal
10016
iVan Buren Street
I4thStreet
4OO7
228
Main Street
40th Avenue
30035
20187 5000 4th Street
30062 4650 Johnson Street
Mariani
Mikulak
Joe
Joe
Marcea
Robert
Miller John
Modell Paul
12147 673 51stAvenue ..................................... ['~1~:~-i~'~ ............................ ! Kathryn
12174 1143 Cheery Lane t Myhre Kenneth
37033 4456 7th Street '~ber'g ..... i Rita
12205 1203 42-1/2 Avenue ~_e~ ~Robert
12023 4519 Taylor Street i Payan ~i Ernesto
12208 3727 Rese~oir Blvd Quass Timothy
10028 4329 ~5th Street Quigley Jean
37002-103 1000 41st Avenue Ryan Joseph
20269 939 42-1/2 Avenue Sage Darlene
12136 1214 43-1/2 Avenue Sandsness .] Patsy
12201 4838 W. Upland Crest Schlachtenhaufj Ilse
10053 4220 Quincy Street
12223 4935 Tyler Street Sommer '-~--Laura
20420 4701 5th Street Sonneman Tad
30148 4657 Tyler Street Son neman Tad
10093 4311 [~oyce Street
12024 804 '""'~-~ 1 st Avenue ~ Stimac ~an
12148 683 '[~ St Av~ue ~ Stockwell ] Ga~
30179 3826 Stinson Boulevard Swanson Cynthia
12213 3928 Ulysses Street Tusler Mark
12186 4144 Madison Street ~Wiggins Weston
20277 4512 Monroe Street ~ ~ Ronald
30040 965 40th Avenue
30106 4458 Reservoir Blvd
30114 4607 Tyler Street
20026 4801 7th Street iApollo
30026 3969 5th Street Bassin
10069 5055
6th Street
Binczik
2053 3943 Tyler Street Brown
30041 1020 40th Avenue Caron
34000 4310 3rd Street Christensen
Shirley
Anne
Marlene
Richard
Richard
2003 5103 6th Street Dostaler !i~l~'l~ ......................
20050
12066
12162
30001
30098
20331 4450 Tyler Place ,L~ohnson Jason
12025 4622 7th Street Larson i Lar~
30025 3948 5th Street Miller ] Lawerence
30136 4733 University Nielsen ~ M~nard~
12016 4700 Jefferson Nixon ~Je~
20054 5218 }Washington ~ Olin Richard
'~'~'~' ........................... }~""~'~b'~' ................................... '~'~'x~'~'~- ............ [~i~'~'~[~'~- .........................................
CITY COUNCIL LETTER
Meeting of: April 22, 2002
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: -~/~-~ '~ License Department APPROVAL
ITEM: License Agenda BY: ShelleyHanso~~"~, DATE~~~
NO: DATE: April 12, 2002 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the April 22, 2002 City Council meeting. This agenda
consists of applications for Contractor licenses for 2002.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for April 22, 2002 as presented.
COUNCIL ACTION:
TO CITY COUNCIL April 22, 2002
*Signed Waiver Form Accompanied Application
2002 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
BLDG
*Sunlite Window & Door Inc
*Knight Heating & AC
*Bluemels Tree & Landscape
Nardini Fire Equip Co
*Stepaniak Construction Co
*Dean's Professional Plumb
4th Generation Plumbing
18215 Alamo St NE, Wyo. $50.00
10413 61st St, Albertville $50.00
551 Dm Dr, Hudson WI $50.00
405 Co Rd E-West Shorevw $50.00
2839 196th Ave NE, E Bethel $50.00
20080 Dassel Ln, Corcoran $50.00
578 Silver Lk Road, NB $50.00
ACS FINANCIAL SYSTEM
04/19/2002 10:01:48
FUND DESCRIPTION
................................
101 GENERAL
201 COMMUNITY DEVELOPMENT FUND
203 PARKVIEW VILLA NORTH
204 ECONOMIC DEVELOPMENT AUTH
212 STATE AID MAINTEI~CE
213 PARKVIEW VILLA SOUTH
225 CABLE TELEVISION
226 SPECIAL PROJECT REVENUE
235 RENTAL HOUSING
240 LIBRARY
250 COL HGHTS AFTER SCHOOL ENRI
270 DARE PROJECT
276 LOCAL LAW ENFORCE BLK GRANT
278 JUVENILE JUSTICE GRANT
401 CAPITAL IMPROVEMENTS
402 STATE AID CONSTRUCTION
415 CAPITAL IMPROVEMENT - PIR
601 WATER UTILITY
602 SEWER UTILITY
603 REFUSE FUND
604 STORM SEWER UTILITY
609 LIQUOR
701 CENTRAL GARAGE
720 DATA PROCESSING
880 PERMIT SURCHARGE
881 CONTRIBUTED PROJECTS-REC
884 INSURANCE
885 ESCROW
887 FLEX BENEFIT TRUST FUND
TOTAL ALL FUNDS
Check History
DISBURSEMENTS
68,772.81
277.36
14,011.68
1,279.35
395.32
10,917.03
41.18
7,500.00
497.31
3,204.94
856.44
991.07
1,733.96
15.16
698.32
12,089.05
260.64
6,538.71
55,324.30
105,132.97
1,137.18
212,030.03
22,973.23
2,478.09
373.13
99.49
1,185.34
219,230.41
1,439.02
751,483.52
CITY OF COLUMBIA HEIGHTS
GL060S-V06.40 RECAPPAGE
GL540R
BANK RECAP:
BANK NAME
................................
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
DISBURSEMENTS
751,483.52
751,483.52
ACS FINANCIAL SYSTEM
04/19/2002 10
Check History
04/22/2002 COUNCIL LISTING
CITY OF COLUMBIA HEIGHTS
GL540R-V06.40 PAGE 1
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
AARP 97516 320.00
ALL SAFE FIRE & SECURITY 97517 239.75
ARCTIC GLACIER 97518 331.68
BELLBOY BAR SUPPLY 97519 291.30
BELLBOY CORPORATION 97520 3,908.85
CHIES SR./THOMAS 97521 194.24
CHISAGO LAKES DISTRIBUTI 97522 786.05
COCA-COLA BO~LING MIDWE 97523 1,292.80
COMMISSIONER OF TRANSPOR 97524 165.00
CURRY/CARLY 97525 16.50
DUGDALE/MARY 97526 60.00
EAGLE WINE COMPANY 97527 4,778.87
EAST SIDE BEVERAGE CO 97528 21,607.60
FERRARO/JANICE 97529 230.58
G & K SERVICES 97530 19.66
GENUINE PARTS/NAPA AUTO 97531 3.17
~RMAN/C~%RY 97532 15.25
GRAPE BEGINNINGS tNC 97533 1,848.00
GRIGGS-COOPER & CO 97534 19,711.34
HAl{OLDS TOWING 97535 159.75
HOHENSTEINS INC 97536 2,287.90
IPC PRINTING 97537 386.12
JOHNSON BROS. LIQUOR CO. 97538 7,220.19
KORDI~/{/JIM 97539 137.92
KOTTSICK/ANITA 97540 80.00
KUETHER DIST. CO. 97541 16,403.45
MARK VII DIST. 97542 4,152.97
MOELLER/KAREN 97543 53.67
MSPE 97544 79.00
NEEDHAM DISTRIBUTING CO 97545 75.00
NEI COhLEGE OF TECHNOLOG 97546 28.57
OFFICE DEPOT 97547 40.85
ONE ON ONE COMPUTER TRAI 97548 550.37
PARKVIEW VILLA RESIDENT 97549 1,354.38
PAUSTIS & SONS 97550 1,262.06
PEPSI-COLA-7 UP 97551 311.28
PEI'~Y CASH - JOANNE BAKE 97552 92.44
PETTY CASH - KAREN MOELL 97553 70.26
PHILLIPS WINE & SPIRITS 97554 21,353.94
PRIOR WINE 97555 2,903.42
QUALITY WINE & SPIRITS 97556 4,787.19
SALLY DISTRIBUTORS 97557 67.44
UNIVERSITY OF MINNESOTA 97558 345.00
VERIZON WIRELESS 97559 449.26
VISA 97560 812.00
WORLD CHAMBER OF CO~ERC 97561 35.00
WORLD CLASS WINE 97562 2,181.19
ACS FINANCIAL SYSTEM
04/19/2002 10
Check History
04/22/2002 COUNCIL LISTING
CITY OF COLUMBIA HEIGHTS
GL540R-V06.40 PAGE 2
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
WWGRAINGER, INC
$3 BILL INC
ALL SAFE FIRE & SECURITY
BELLBOY CORPORATION
BIFF'S,INC.
CHOICE POINT SERVICES
CITIES 97
EAST SIDE BEVERAGE CO
EXECU TRAIN ENTERPRISES
GENUINE PARTS/NAPA AUTO
GROSSE/PAUL
HOHENSTEINS INC
INDEPENDENT SCHOOL DIST
JOHNSON BROS. LIQUOR CO.
~UK/FELICIA
ICOETHER DIST. CO.
LAKEVIIAE POLICE DEPARTM
MARK VII DIST.
MC ALLISTER/PA~INE
MINNESOTA COLLECTION ENT
MN DEPART OF ECONOMIC SE
MN DEPT OF ADMINISTRATIO
MOELLER/KAREN
- MN/ u
PAUSTIS & SONS
PEPSI-COIA-7 UP
PETTY CASH - MARY DUGDAL
PHILLIPS WINE & SPIRITS
PINNACLE DISTR
QUALITY WINE & SPIRITS
QWEST COMMUNICATIONS
RELIANT ENERGY MINNEGASC
RETAIL DATA SYSTEMS OF M
SAM'S CLUB
STLRDEVANT/JOE a
THOMPSON/CHARLIE
VERTICAL ENDEAVORS, INC.
XCEL ENERGY (N S P)
YANG/T
AFFINITY PLUS FEDERAL CR
AFSCME
DELTA DENTAL
FIRST COMMUNITY CREDIT U
ICMA RETIREMENT TRUST 45
MEDICASENIOR
MlqcHILD SUPPORT PAYMENT
NCPERS GROUP LIFE INS 39
97563 423.47
97564 520.00
97565 118,06
97566 3,467.13
97567 60.26
97568 30.00
97569 1,950.00
97570 11,810.80
97571 1,788.00
97572 92.23
97573 95.83
97574 5,128.12
97575 714.00
97576 40,416.93
97577 136.70
97578 2,572.10
97579 300.00
97580 1,024.12
97581 500.00
97582 130.00
97583 1,937.63
97584 455.61
97585 45.82
97586 1,200.00
97587 435.00
97588 218.50
97589 92.80
97590 10,370.65
97591 1,235.75
97592 9,595.12
97593 1,784.67
97594 167.53
97595 60.00
97596 107.95
97597 26.42
97598 47.90
97599 75.00
97600 21,742.08
97601 4.50
97602 400.00
97603 1,055.25
97604 4,682.45
97605 2,380.00
97606 11,776.45
97607 846.60
97608 674.70
97609 330.00
ACS FINANCIAL SYSTEM
04/19/2002 10
Check History
04/22/2002 COUNCIL LISTING
CITY OF COLUMBIA HEIGHTS
GL540R-V06.40 PAGE 3
BANK VENDOR
CHECK NUMBER AMOUNT
BBR~K CHECKING ACCOUNT
ORCIA~dlD TRUST COMPANY 97610 7,080.50
PERA 97611 26,711.30
RAMSDELL SCHOLARSHIP FUN 97612 54.25
RELIASTAR EMPLOYEE BENEF 97613 2,063.00
UNION 49 97614 551.00
UNI~D WAY 97615 39.00
VANTAGEPOINT TRANSFER - 97616 225.00
WELLS FARGO - PAYROLL AC 97617 144,580.97
WI DEPARTMENT OF REVENUE 97618 291.22
ACE HARDWARE 97619 288.25
ADAM'S PEST CONTROL, INC 97620 66.56
AID ELECTRIC SERVICE INC 97621 1,932.22
AMERICAN FORESTS 97622 25.00
AMERICAN PUBLIC WORKS AS 97623 257.00
AMERICAN STORE/THE 97624 6.64
AMERIPRIDE 97625 52.56
ARCH WIRELESS 97626 152.55
ARM 97627 20.00
ASPEN MILLS, INC. 97628 49.50
AZTECA SYSTEMS 97629 1,562.00
BARNA GUZY & STEFFEN LTD 97630 15,871.25
BFI/WOODLAKE SANITARY SE 97631 103,906.77
BLAINE VELO SPORTS 97632 200.00
BONESTROO ROSENE ANDERLI 97633 94.00
BUREAU OF CRIMINAL APPRE 97634 630.00
CAMDEN PET HOSPITAL 97635 1,564.00
CARLSON OFFICE PRODUCTS 97636 10.52
CATCO PARTS SERVICE 97637 2,555.10
CDW-G 97638 194.92
CENTER FOR ENERGY/ENVIRO 97639 125.00
CITY WIDE LOCKSMITHING 97640 177.95
COLOMBIA HEIGHTS RENTAL 97641 39.30
CONNELLY INDUSTRIAL ELEC 97642 211.80
CREST VIEW CORPORATION 97643 14,508.60
CSC CREDIT SERVICES 97644 25.00
CYS UNIFORMS 97645 423.90
D J'S MUNICIPAL SUPPLIES 97646 1,003.91
DAVIES WATER EQUIPMENT C 97647 1,446.15
DEHN OIL 97648 10,003.50
EELER & ASSOCIATE-PUBLIC 97649 337.50
ENCOMPASS 97650 3,124.82
FACTORY MOTOR PARTS INC 97651 40.33
FIDELITY SERVICES INC 97652 4,728.22
FLEX COMPENSATION, INC 97653 173.25
FOCUS NEWSPAPERS 97654 1,090.32
G & K SERVICES 97655 395.18
GENUINE PARTS/NAPA AUTO 97656 81.36
ACS FINANCIAL SYSTEM
o4/19/2oo2 lO
Check History
04/22/2002 COUNCIL LISTING
CITY OF COLUMBIA HEIGHTS
GL540R-V06.40 PAGE 4
BANK VENDOR
CHECK NUMBER AMOUNT
BAAVK CHECKING ACCOUNT
GLENWOOD INGLEWOOD 97657 50.98
GOODIN CO. 97658 50.96
GRAFIX SHOPPE 97659 202.74
GREATER METROPOLITAN HSG 97660 7,500.00
GUNTER/GARY 97661 16.64
H & L MESABI 97662 982.63
RAB INC 97663 200.00
HAPPEL DBA PLANSIGHT/JER 97664 16,866.94
HARVEST INTERIORS 97665 434.00
HEINRICH ENVELOPE CORP 97666 28.81
HOME DEPOT #2802 97667 741.55
HONEYWELL INC 97668 16,704.00
IKON OFFICE SOLUTION 97669 175.36
INDUSTRIAL DOOR CO INC 97670 85.00
INSTRUMENTAL RESEARCH IN 97671 132.72
INTERNATIONAL CO/fFERENCE 97672 47.99
IPC PRINTING 97673 125.51
KENNEDY & GRAVEN 97674 811.00
LANGE TANK, INC 97675 1,426.98
LRAGUE OF MINNESOTA CITI 97676 20.00
LEAGUE OF MN CITIES INS 97677 963.00
LEE WAYNE CORPORATION 97678 250.48
MC COME GROUP LTD 97679 2,087.94
MEDTOX LABORATORIES, INC 97680 58.50
MENARDS CAS}{WAY LUMBER-F 97681 110.43
METRO FIRE 97682 1,482.20
METRO WELDING SUPPLY 97683 683.73
METROCALL - ATT MESSAGIN 97684 30.06
METROPOLITAN COUNCIL WAS 97685 52,492.30
MGS PROFESSIOAL BUILDING 97686 125.00
MINNEAPOLIS OXYGEN CO. 97687 5.28
MN DEPT OF ADMINISTEATIO 97688 37.00
MN DEPT OF HEALTH 97689 150.00
MORTON SALT 97690 6,533.96
NATIONAL NIGHT OUT 97691 582.84
NORTH CENTRAL AMBULANCE 97692 33.00
NORTH MEMORIAL EMS EDUCA 97693 150.00
O'GARA/ANDREW 97694 155.76
OFFICE DEPOT 97695 552.20
ONVOY 97696 24.95
PARK SUPPLY INC 97697 90.07
PC SOLUTIONS 97698 405.93
PERRY'S CENTRAL SERVICES 97699 140.71
PETERSON/RONALD 97700 74.55
PLUNKETT'S, INC 97701 89.67
ROSEDALE CHEV 97702 45.56
SCHELEN GRAY ELECTRIC 97703 6.55
ACS FINANCIAL SYSTEM
04/19/2002 10
Check History
04/22/2002 COUNCIL LISTING
CITY OF COLUMBIA HEIGHTS
GL540R-V06.40 PAGE 5
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
SCHINDLER ELEVATOR CORP
SCHMIDT/RICHARD
SERCO LABS
SIGN SOLUTIONS, INC
STATE TREASURER BLD
STREIC~'S GUN'S INC/DO
SUN PUBLICATION
SUI~ CONSTRUCTION INC
SYSTEMS SUPPLY INC.
TECHIFAX BUSINESS SYSTEM
TELEPHONE ANSWERING CENT
TKDA
TREADWAY GRAPHICS
TRUCK UTILITIES COMPANY
U S POSTAL SERVICE
UNITED RENTALS
UNIVERSITY OF MINNESOTA
US FILTER/WATER PRO
VERIZON WIRELESS
WALL STREET JOURNAL/THE
WELLE AUTO SUPPLY INC
WEST WELD
XPECT FIRST AID
ZARNOTH BRUSH WORKS, INC
97704 393.39
97705 25.46
97706 800.00
97707 567.64
97708 373.13
97709 1,727.72
97710 148.50
97711 9,311.94
97712 145.42
97713 10.00
97714 75.00
97715 180.35
97716 740.59
97717 15.87
97718 3,600.00
97719 795.80
97720 130.00
97721 1,895.56
97722 45.47
97723 99.00
97724 24.99
97725 183.31
97726 124.06
97727 606.28
751,483.52 ***
CITY COUNCIL LETTER
Meeting of: 4/22/02
AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER
NO: '7'/~ - { PUBLIC WORKS
ITEM: ADOPT ORDINANCE#1446AMENDINGTHE BY: K. Hansen ~
STREET EXCAVATION PORTION OF THE CITY DATE: 4/17/02
CODE (6.301)
Background:
The Public Works Department is recommending amending the Street Excavation section of the City Code
(6.301) by replacing it with an entirely new ordinance based upon League of Minnesota Cities recommended
language. The primary purpose is to address safety and restoration issues revolving around the City's public
streets and right-of-way. The City and other public entities have invested substantial public funds to build
and maintain our infrastructure and right-of-way. The public right-of-way is also used by other for-profit
utility providers such as Xcel, Minnegasco, Qwest, AT & T and others providing natural gas, electric, phone
and cable services to our residents and businesses. Although the installation of such service facilities is
necessary or convenient, the installation and maintenance of these facilities all too often have a detrimental
affect on our public streets and/or the fight-of-way. Consequently, the City must be able to better regulate
and manage the usage of public right-of-way areas. The League of Minnesota Cities (LMC) along with a
consortium of city and county engineers and private utility representatives, developed a Model Ordinance to
address fight-of-way issues and set standards for restoration in the fight-of-way. The intent of the ordinance
is to allow the Cities to impose reasonable and uniform regulations on the placement and maintenance of
equipment currently within its right-of-ways or to be placed therein at a future date. It is intended to
complement the regulatory roles of state and federal agencies while providing the city with the means
necessary to recover the costs associated with managing, maintaining and/or repairing public fights-of-way.
Based upon the comments made by the City Council at the work session of March 18~ and the first reading
on March 25th, the following changes were implemented by staff members in the proposed street excavation
ordinance:
A) Application Fees - Senior Citizen Discount: Permit fees for residents over the age of 62 will be to
$35.00 per excavation. (Page 5).
B) Application Fees - Double Permit Charges: An excavation permit is required for work that involves
excavation and boulevard fight-of-way repairs. The permit holder will only be charged for one permit fee
per fight-of-way excavation, for the same excavation. (Page 6).
C) Exceptions - Public Improvements: Driveways, sidewalks, curb and gutter, and other facilities are
permitted by the City pursuant to the public improvement process. (Page 6).
D) Repair and Restoration - General Standards: Minimum restoration standards have been added and
are established by the standard plates and determined by the age of the street. (Page 8).
E) Proposed Fee Structure - Attached is a proposed ROW Permit Fee Schedule. Staff surveyed an
additional nine cities for information on their 2002 fees. The City's proposed fight-of-way fee structure is
low to mid average in comparison to other cities throughout the State of Minnesota as identified on
Attachment B.
Staff also surveyed an additional nine communities, now totaling thirteen, for additional information on
permit fee structure.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 4/22/02
AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ADOPT ORDINANCE #1446 AMENDING THE BY: K. Hansen BY:
STREET EXCAVATION PORTION OF THE CITY DATE: 4/17/02 DATE:
CODE (6.301)
Analysis/Conclusions:
Through the implementation of this ordinance, the Public Works Department intends to achieve the
following goals:
· Restoration - Right-of-way and surrounding area is returned to condition that existed before any
surface disturbance. Minimum pavement restoration standards are set forth in the ordinance which
will establish consistent repairs and reduce degradation to the public streets;
· Accountability - The permit holder shall be required to perform repairs and restoration in accordance
with the standards and materials specified by the ordinance;
· Revenue - Recovering of costs associated with administering and maintaining the City's rights-of-
way program.
It should be noted that this ordinance is not intended to be a large revenue generator, but structured to recover
City costs associated with managing the public right-of-way. A spreadsheet showing what the revenue
difference would be from 2001 existing fees to 2002 new proposed fees is included as attachment 'A.' A
second spreadsheet provides a summary listing of 13 cities right-of-way fee structures and is included as
attachment 'B.' Staffproposed the following fees for this ordinance: An annual registration fee by company,
in the amount of $50.00, a permit fee in the amount of $150 for street excavation, $50 for boulevard
excavation, and a degradation fee based upon excavation size. Revenue from the degradation fees collected
would be allocated to the City's Street Infrastructure fund for future maintenance costs.
The primary intent of this ordinance is to provide consistent restoration standards that will ensure the long-
term structural integrity of its streets and the appropriate use of the public rights-of-way. The City strives to
keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the
general population bears the financial burden for continued maintenance of the right-of-way, one of the
causes for early and excessive deterioration of its rights-of-way is frequent excavation and disturbances.
This ordinance places the responsibility on those that excavate or disturb the public right-of-way to restore
the public streets and surrounding area to the condition that existed before the commencement of the work.
Recommended Motion: Move to waive the reading of Ordinance #1446, there being ample copies available
to the public.
Recommended Motion: Move to adopt Ordinance #1446, being an Ordinance amending the Street
Excavation section of the City Code (6.301), and replacing it with a Right-of-Way Management Ordinance.
Attachment:
Attachment 'B' - Right-of-Way Fee Survey
Proposed Right-Of-Way Ordinance, #1446
Standard Plates
Proposed Fee structure
COUNCIL ACTION:
o
o
lo
0
~ E_C
o
>
ORDINANCE #1446
BEING AN ORDINANCE ESTABLISHING THE CITY OF COLUMBIA HEIGHTS CODE OF
MANAGEMENT REGULATIONS FOR THE PUBLIC RIGHT-OF-WAY
The City Columbia Heights does hereby establish City Code Section 6.301 to read as follows:
Purpose.
The City holds the right-of-way within its geographical boundaries as an asset in trust for its citizens. The
City and other public entities have invested substantial dollars in pubhc funds to build and maintain the
right-of-way. The City also recognizes that by placing other utility equipment in the right-of-way for the
purpose of delivering services to the citizens of the City also is a public use of this property for the public
good. Although such services are necessary or convenient for the citizens, other persons or entities receive
revenue and/or profit through their use of public property. Although the installation of such service delivery
facilities are in most cases a necessary and proper use of right-of-way, the City must regulate and manage
such uses.
To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its
streets and the appropriate use of the rights-of-way, the City strives to keep its right-of-way in a state of good
repair and free from unnecessary encumbrances. Although the general population bears the financial burden
for the upkeep of the right-of-way, one of the causes for the early and excessive deterioration of its
right-of-way is frequent excavation.
This ordinance imposes reasonable regulations on the placement and maintenance of equipment currently
within its right-of-way or to be placed therein at some future time. It is intended to complement the
regulatory roles of state and federal agencies. Under this ordinance, persons disturbing and obstructing the
rights-of-way will bear a fair share of the financial responsibility for their integrity.
This ordinance shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified
in Minnesota Statues Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and the
other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be
interpreted consistent with Minnesota Rules 7819.0050-7819-9950 where possible. To the extent any
provision of this ordinance cannot be interpreted consistently with the Minnesota Rules, that interpretation
most consistent with the Act and other applicable statutory and case law is intended. This ordinance shall
not be interpreted to limit regulatory and police powers of the city to adopt and enforce general ordinance
necessary to protect the health, safety and welfare of the public.
Election to Manage the Public Rights-of-Way:
Pursuant to the authority granted to the City trader state and federal statutory administrative and common
law, the City hereby elects pursuant Minnesota Statues, 237-163 subd. 2(b) to manage right-of-way within its
jurisdiction.
Definitions.
The following words, terms and phrases, as used herein, have the following meanings:
Applicant. Is the person or entity requesting permission to excavate or obstruct a right-of-way.
City. For purposes of this ordinance, City means the City of Columbia Heights and its elected
officials, officers, employees, agents or any commission, committee or sub-division acting pursuant to
lawfully delegated authority.
City Cost. The actual cost incurred by the City for public rights-of-way management; including but
not limited to costs associated with registering applicants; issuing, processing, and verifying
right-of-way permit applications; inspecting job sites and restoration projects; maintaining,
supporting, protecting, or moving facilities during public fight-of-way work; determining the
adequacy of fight-of-way restoration; restoring work inadequately performed; mapping of "as built"
locations of facilities located in fights-of-way; and revoking fight-of-way permits and performing all
other tasks required by this Section, including other costs the City may incur in managing the
provisions of this Section.
Degradation. The accelerated depreciation of the fight-of-way caused by excavation or disturbance
of the fight-of-way, resulting in the need to reconstruct such fight-of-way earlier than would be
required if the excavation did not occur.
Detradation Cost. Money paid to the City to cover the cost associated with a decrease in the useful
life of a public fight-of-way caused by excavation.
Emer~,enc_v. A condition that 1) poses a clear and immediate danger to life or health, or of a
significant loss of property; or 2) requires immediate repair or replacement in order to restore service
to a customer.
Equipment. Any tangible thing or asset used to install, repair or maintain facilities in any
fight-of-way; but shall not include boulevard plantings or gardens planted or maintained in the
right-of-way between a person's property and the street curb.
Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a fight-of-
way.
Permit. A permit issued pursuant to this Section.
Permit Holder. Any person to whom a pen'nit to excavate or place equipment or facilities in a
fight-of-way has been granted by the City under this Section.
Public Right of Way. The area on, below, or above a public roadway, highway, street, cart way,
bicycle lane and public sidewalk in which the City has an interest, including other dedicated fights-of-
way for travel purposes and utility easements of the City. It shall also include utility easements along
side and rear lot lines. A right of way does not include the airwaves above a right-of-way with regard
to cellular or other non-wire telecommunications or broadcast service.
Registrant. Any person who has or seeks to have its facilities or equipment located in any
fight-of-way.
Restore or Restoration. The process by which the fight-of-way and surrounding area, including
pavement and foundation, is returned to the condition that existed before the commencement of the
work.
Restoration Cost. Money paid to the City by a permittee to cover the cost of restoration.
Right-of-Way. The surface and space above and below a public roadway, highway, street, cart way,
bicycle lane and public sidewalk in which the City has an interest, including other dedicated
fights-of-way for travel purposes and utility easements owned by the City for City utility purposes.
Service or Utility Service. Includes but is not limited to 1) those services provided by a public utility
as defined in Minn. Stat. §216B.02, Subds. 4 and 6; 2) telecommunications, pipeline, community
antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling
energy, or power services; 3) the services provided by a corporation organized for the purposes set
forth in Minn. Stat. §300.03; 4) the services provided by a district heating or cooling system; and 5)
cable communications systems as defined in Minn. Stat. Chap. 238.
Telecommunication Right-of-Way User. A person owning or controlling a facility in the public
fights-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is
intended to be used for transporting telecommunication or other voice or data information. For
purposes of this Section, a cable communication system defined and regulated under Minn. Stat.
Chap. 238, and telecommunication activities related to providing natural gas or electric energy
services are not telecommunications fight-of-way users.
Administration.
The Public Works Director is the principal city official responsible for the administration of the fight-of-way
permits, and the ordinances related thereto. The Public Works Director may delegate any or all of the duties
hereunder.
(1) Reeistration Requirements.
(a) Each person who occupies, uses, or seeks to occupy or use the right-of-way or place any equipment
or facilities in or on the fight-of-way, including persons with installations and maintenance
responsibilities by lease, sublease, or assignment, must register with the city. Registration will consist of
providing application information and paying a registration fee.
(b) No person shall construct, install, repair, remove, relocate or perform any work within any
fight-of-way without first being registered pursuit to this subsection. Such registration shall be made on
an application form provided by the City and shall be accompanied by the registration fee required by
the City. All right-of-way registration fees shall be set forth in the City of Columbia Heights licensing
fee section.
2 Reeistration Information.
The registrant shall provide the following information at the time of registration and shall promptly
notify the City of changes in such information:
(a) Registrant's name, address, telephone number, facsimile number and Gopher One-Call registration
certificate number if required by State law.
(b) Name, address, e-mail address, telephone number, and facsimile number of the person responsible
for fulfilling the obligations of the registrant.
3 A Certificate of Insurance from a company licensed to do business in the State of Minnesota
providing coverage in the following amounts:
(i) GENERAL LIABILITY: Public Liability, including premises, products and complete
operations.
Bodily Injury Liability
Property Damage Liability
Bodily Injury and Property and
Damage Combined
$1,000,000 each person
$2,000,000 each occurrence
$2,000,000 each occurrence
$2,000,000 single limit
(ii) COMPREHENSIVE: Automobile Liability Insurance, including owned, non-owned and
hired vehicles.
Bodily Injury Liability
Property Damage Liability
In lieu of l) & 2) Bodily Injury
and Property Damage Combined
$1,000,000 each person
$2,000,000 each occurrence
$2,000,000 each occurrence
$2,000,000 single limit
Such certificate shall verify that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the (i) use and occupancy
of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii)
placement and use of equipment or facilities in the rights-of-way by the registrant its officers,
agents, employees and permittees, including but not limited to, protection against liability
arising from completed operations, damage of underground equipment and collapse of
property. Such certificate shall also indicate the registrant's insurance is the primary coverage,
shall name the City as an additional insured as to whom the coverage's required herein are in
force and applicable and for whom defense will be provided as to all such coverage's. Such
certificate shall require that the City be notified 30 days prior to cancellation or non-renewal of
the policy.
(d) 24-hour emergency number.
(e) An acknowledgment by the registrant of the indemnification.
(f) Such other information the City may require.
4 Exceptions.
The following are not subject to the requirements of this subsection:
(a) Persons planting or maintaining boulevard plantings or gardens.
(b) Persons or individual erecting fences, installing driveways, sidewalks, curb and gutter, or parking
lots.
(c) Persons engaged in snow removal activities.
(d) Federal, State, County, and City agencies.
(e) Persons installing pet containment systems.
(f) Plumbers licensed in accordance with City Code.
(g) Persons acting as agents, contractors or subcontractors for a registrant who has properly registered
in accordance with this subsection.
5 Term.
Registrations issued pursuant to this Ordinance shall expire on December 31st of each calendar year.
Reportint Obligations.
Each registrant shall, at the time of registration and by December 1 st of each year, file a construction and
major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format
designated by the city and shall contain the information determined by the city to be necessary to facilitate
the coordination and reduction in the frequency of excavations and obstructions of right-of-way.
The plan should include, but not be limited, to the following information:
(a) The locations and the estimated beginning and ending dates of all projects to be commenced during
the next calendar year; and
(b) To the extent known, the tentative locations and estimated beginning and ending dates for all
projects contemplated for the five years following the next calendar year. The term "project' in this
section shall include both next-year projects and five year projects.
By January 1st of each year the city will have available for inspection in the city's office a composite list of
all projects for which the city has been informed of the annual plans. All registrants are responsible for
keeping themselves informed on the current status of this list.
Thereafter, by February 1 st, each registrant may change any projects in its list of next-year projects, and
must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a
registrant may at any time join in a next-year project of another registrant listed by the other registrant.
Notwithstanding the foregoing, the city will not deny an application for a rights-of-way permit for failure to
include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to
anticipate and plan for a project.
Permit Required; Bond; Exceptions.
No person shall excavate, dig, tunnel, trench, or install any facilities, equipment or improvements above, on,
or beneath the surface of any right-of-way in the City or any property owned by the City without first
obtaining a permit pursuant to this subsection.
(a)
Permit - Excavation. An excavation permit is required by a registrant to excavate any part of the right-
of-way described in such permit to hinder free and open passage over the specified portion of rights-of-
way by placing facilities described therein, to the extent and for the duration specified therein.
(b) Permit - Obstruction. A permit is also required by a registrant to hinder free and open passage over
the specified portion of right-of-way by placing equipment described therein on or above the right-of-
way to the extent and for the duration of the permit.
Application Fee. An application for a permit shall be made on forms provided by the City and shall be
accompanied by the fees set forth by the City of Columbia Heights which are established to reimburse the
City for associated costs. If the work is to be performed by an agent, contractor or subcontractor on behalf of
a registrant, the registrant shall sign such application. The application shall also be accompanied by the
following:
(a) Scaled drawings showing the location of all facilities and improvements proposed by the applicant.
(b) A description of the methods that will be used for installation.
(c) A proposed schedule for all work.
(d) The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic
during the work.
(e) The location of any public streets, sidewalks or alleys that will be disrupted by the work.
(f) A description of methods for restoring any public improvements disrupted by the work.
(g) Any other information reasonably required by the Public Works Director or City Engineer.
(h) Residents over the age of 62 will be required to pay a permit fee of $35.00 per excavation.
Security. A surety bond, letter of credit or cash deposit in the amount determined by the Public
Works Director or City Manager but not less than $5,000, shall be required from each applicant. A surety
bond shall be from a corporate surety authorized to do business in the State. Security required pursuant to
this subsection (2) shall be conditioned that the holder will perform the work in accordance with this
ordinance and applicable regulations, will pay to the City any costs incurred by the City in performing work
pursuant to this section; and will indemnify and save the City and its officers, agents and employees harmless
against any and all claims, judgment or other costs arising from any excavation and other work covered by
the permit or for which the City, Council or any City officer may be liable by reason of any accident or
injury to persons or property through the fault of the permit holder, either in improperly guarding the
excavation or for any other injury resulting from the negligence of the permit holder. The bond, letter of
credit or cash deposit shall be released by the City upon completion of the work and compliance with all
conditions imposed by the permit. For permits allowing excavations within public streets, such bond, letter
of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration
work.
Permit Issuance~ Conditions. The Public Works Director or City Manager shall grant a permit upon
finding that the work will comply with applicable sections of this ordinance. The permit shall be kept on the
site of the work while it is in progress, in the custody of the individual in charge of the work. The permit
shall be exhibited upon request made by any City official or police officer. The Public Works Director or
City Manager may impose reasonable conditions upon the issuance of the permit and the performance of the
applicant there-under to protect the public health, safety and welfare, to ensure the structural integrity of the
right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the
disruption and inconvenience to the traveling public. An excavation permit is required for work that
involves excavation and boulevard right-of-way repairs. Where excavations disturb both a street and
boulevard area, the permit holder will be charged for one street excavation permit per right-of-way
excavation. No permit shall be issued to anyone who has failed to register in accordance with this ordinance.
Exceptions. No permit shall be required for the following:
(a) Landscaping work permitted by the City pursuant to Site Improvement or Developer Agreements.
(b) Driveways, sidewalks, curb and gutter, and other facilities permitted by the City pursuant to the
public improvement process.
(c) Snow removal activities.
(d) Restoration due to maintenance activities of the City. (Minimum restoration standards still apply).
Diligence in Performing Work. Work shall progress in an expeditious manner as reasonably permitted by
weather conditions until completion in order to avoid unnecessary inconvenience to traffic. In the event that
the work is not performed in accordance with applicable regulations pertaining to excavations and utility
connections, or the work is not done in an expeditious manner, or shall cease or be abandoned without due
cause, the City may, after 72 hour notice to the permit holder, correct the work and fill the excavation or
repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the
City. The financial guarantees may be used by the City to reimburse itself for costs incurred through private
engineering consulting fees and attorney fees to complete the work under this section.
Standards During Construction or Installation. The permit holder shall comply with the following
standards when engaging in the work:
(1) Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and
comply with all laws, rules and regulations of the State, County, and City.
(2) Conduct the operations and perform the work in a manner as to ensure the least obstruction and
interference to traffic.
(3) Take adequate precautions to ensure the safety of the general public and those who require access to
abutting property.
(4) If required by the Public Works Director or City Engineer, notify adjoining property owners prior to
the commencement of work which may disrupt the use of and access to such adjoining properties.
(5)
In all cases where construction work interferes with the normal use of the construction area, provide
for closing the construction area to traffic or to afford it restricted use of the area and comply with
MMUTCD traffic safety signing requirements.
(6) Exercise precaution at all times for the protection of persons, including employees and property.
(7) Protect and identify excavations and work operations with barricade flags, and if required, by
flagmen in the daytime, and by warning lights at night.
(8) Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the
type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation.
(9) Protect the root growth of trees and shrubbery.
(10) Installation of pipe (utility conductors) under Portland Cement Concrete, asphalt concrete, or other
high-type bituminous pavements shall be done by jacking, auguring or tunneling as directed by the
Engineer unless otherwise authorized. HDPE sleeving shall be an acceptable casing or sleeving
material for telecommunications installations.
(11) When removing pavement of Portland Cement Concrete, asphalt concrete or high-type built-up
bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a
distance of nine inches beyond the trench width and length, in order to provide a shoulder and solid
foundation for the surface restoration.
(12) To obtain a straight edge and neat-appearing opening in pavement surfaces, the following procedure
is required:
(a)
Portland Cement Concrete Pavement - The surface shall be saw-cut scored two inches
deep and the concrete broken out by sledge or pneumatic hammer chisel.
(b) Asphalt Concrete - The surface shall be cut full depth by pneumatic hammer chisel.
(13) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall
be sheathed and braced depending upon location and soil stability, and as directed by the City.
(14) Excavations, trenches and jacking pits shall be protected when unattended to prevent entrance of
surface drainage.
(15) All backfilling must be placed in six-inch layers at optimum moisture and compacted with the
objective of attaining 100 percent of AASHTO density. Compaction shall be accomplished with
hand, pneumatic or vibrating compactors as appropriate.
(16)Backfill material shall be Class 5, or better at the judgment of the Public Works Director.
Backfilling with the material from the excavation may be permitted provided such material is
granular in nature and acceptable to the Public Works Director or Assistant City Engineer.
(17) Compacted backfill shall be brought to street grade and crowned at the center not more than one
inch. Backfill procedures shall provide for no settlements. Settlements, which occur within a 2-
year warranty period, shall be repaired in a timely manner. The City may authorize another
contractor to make the repair if it is not done in a timely manner. Reimbursement may be made
from the surety bond, letter of credit or cash deposit with City.
(18) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise
by the permit.
(19)No lugs damaging to roadway surfaces may be used.
(20) Dirt or debris must be periodically removed during construction.
(21) Other reasonable standards and requirements of the Public Works Director or Assistant City
Engineer.
Repair and Restoration.
(1)
Schedule. The work to be done under the permit, and the repair and restoration of the right-of-way
as required herein, must be completed within the dates specified in the permit, increased by as many
days as work could not be done because of extraordinary circumstances beyond the control of the
permit holder, when work was prohibited as unseasonable or unreasonable or when extended by the
Public Works Director. In addition to repairing its own work, the permit holder must restore the
general area of the work, and the surrounding areas, including the paving and its foundations, to the
condition that existed before the commencement of the work but only to the extent the permit
holder disturbed such surrounding areas.
(2)
General Standards. The permit holder shall perform repairs and restoration according to the
standards and with the materials specified by the Public Works Director or Assistant City Engineer.
Both individuals shall have the authority to prescribe the manner and extent of the restoration, and
may do so in written procedures of general application or on a case-by-case basis. In exercising this
authority, the Public Works Director or Assistant City Engineer shall be guided by the following
standards and consideration:
(a) Minimum pavement restoration standards are set forth in the 'Standard Plates,' attached herein
as Plate Numbers 1-13.
(b) The number, size, depth and duration of the excavations, disruptions or damage to the
right-of-way.
(b) The traffic volume carried by the fight-of-way; the character of the neighborhood surrounding
the right-of-way;
(c) The pre-excavation condition of the right-of-way; the remaining life-expectancy of the right-
of-way affected by the excavation;
(3)
(d)
Whether the relative cost of the method of restoration to the permit holder is in reasonable
balance with the prevention of an accelerated depreciation of the right-of-way that would
otherwise result from the excavation, disturbance or damage to the right-of-way; and
(e) The likelihood that the particular method of restoration would be effective in slowing the
depreciation of the right-of-way that would otherwise take place.
City Restoration. Only upon prior written approval of the Public Works Director, the permit
holder may request restoration assistance through the Public Works Department. If the City agrees
to perform the work, the permit holder shall pay to the City, in advance; a cash deposit equaling
150% of the estimated restoration cost. The restoration cost shall be estimated by the Public Works
Director or designee shall include an estimate of the degradation cost. The estimate of the
degradation cost shall be based upon criteria adopted by the Minnesota Public Utilities Commission
and found on the ROW Permit Fee Schedule. Following completion of the restoration, any funds in
excess of the actual restoration cost and the degradation cost shall be returned to the permit holder.
Notwithstanding this section, the City shall have no obligation to honor the permittee's restoration
request.
(4)
(5)
Guarantees. The permit holder shall guarantee its work and shall maintain it for twenty-four (24)
months following its completion. During this twenty-four month period it shall, upon notification
from the Pubhc Works Director or Assistant City Engineer, promptly correct all restoration work to
the extent necessary, using the method required by the Engineering Department.
Permit Limitations. Permits issued pursuant to this Section are valid only for the area of the
right-of-way specified in the application and the permit and only for the dates so specified. No
work shall be extended beyond the permitted area or dates without a new permit being procured
therefore, provided the Public Works Director may extend the completion date of the work in
accordance with §6.147(1) of this Code.
Denial of Permit. The Public Works Director may deny a permit due to the following:
(1) Failure to register pursuant to this ordinance.
(2) A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed
within the preceding five years unless the Public Works Director or City Manager determines that
no other locations are feasible or when necessitated by an emergency.
(3) The applicant is subject to revocation of a prior permit issued pursuant to this ordinance.
(4) The proposed schedule for the work would conflict or interfere with an exhibition, celebration,
festival or any other similar event.
(5) The right-of-way would become unduly congested due to the proposed facilities and equipment
when combined with other uses in the right-of-way.
(6) Businesses or residences in the vicinity will be unreasonably disrupted by the work.
(7) The proposed schedule conflicts with scheduled total or partial reconstruction of the right-of-way.
(8) The applicant fails to comply with the requirements of this Section or other Sections of this Code.
Emergency Work. A registrant may proceed to take whatever actions are necessary to respond to an
emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the
necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring
itself into compliance with this Section for the actions it took in response to the emergency.
If the Public Works Director becomes aware of an emergency, the Director shall attempt to contact the local
representative of each registrant affected, or potentially affected, by the emergency. In any event, the Public
Works Director may take whatever action deemed necessary to respond to the emergency, the cost of which
shall be borne by the registrant whose facilities or equipment occasioned the emergency.
Revocation of Permits. The Public Works Director or City Manager may revoke any permit, without a fee
refund, if there is a substantial breach of the terms and conditions of any statute, this Code, rule or regulation,
or any condition of the permit which substantial breach shall continue uncured for 10 calendar days after the
issuance of a written order of the Public Works Director. A substantial breach of a permit holder shall
include, but shall not be limited to, the following:
(1)
(2)
(3)
(4)
(5)
(6)
Appeal.
(1)
The violation of any material provision of the permit;
An evasion or attempt to evade any material provision of the permit, or the perpetration or attempt
to perpetrate any fraud or deceit upon the City or its citizens;
Any material misrepresentation of fact in the application for a permit;
The failure to maintain the required bonds and insurance;
Failure to complete the work in a timely manner;
The failure to correct a condition indicated on an order issued by the Engineering Department.
Filin~ of Ai~l~eal. Any person aggrieved by, (i) the denial of a permit application, (ii) the denial of
a registration, (iii) the revocation of a permit or, (iv) the application of the fee schedule imposed by
the City may appeal to the Council by filing a written notice of appeal with the Administrative
Secretary. Said notice must be filed within 20 days of the action causing the appeal.
(2)
Notice of Hearing. The Council shall hear the appeal no later than 30 days after the date the appeal
is filed. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant
not less than 10 days before the date of the hearing.
(3)
Hearing and Decision. Thc Council shall, at such hearing, hear and consider any evidence offered
by the appellant, the Public Works Director or Engineering Department, and anyone else wishing to
be heard. After hearing the oral and written views of all interested persons, the Council shall make
its decision at the same meeting or at a specified future meeting.
Manoing. Within 120 days following completion of any work pursuant to a permit, the registrant
shall provide the Public Works Director accurate maps and drawings certifying the "as-built" location of all
facilities and equipment installed, owned and maintained by the registrant. Such maps and drawings shall
indicate both the horizontal and vertical location of all facilities and equipment and shall be provided in a
format consistent with the City's electronic mapping system. Failure to provide maps and drawings in
accordance with this subsection shall be grounds for revoking the permit holder's registration.
Location of Facilities and Equipment.
(1) Under grounding by Telecommunications Right-of-Way Users. Any new construction and the
installation of new equipment and replacement of old equipment of telecommunication fight-of-way
users shall be underground or contained within buildings or other structures in conformity with
applicable codes. Provided, telecommunications fight-of-way users may attach equipment and facilities
to existing poles and structures maintained by a service or utility service.
(2) Corridors. The Public Works Director may assign specific corridors within the right-of-way, or any
particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current
technology, the Public Works Director expects will someday be located within the right-of-way. All
permits issued by the Public Works Director involving the installation or replacement of equipment shall
designate the proper corridor for the equipment at issue.
(3) Limitation of Space. To protect health and safety, the Public Works Director shall have the power to
prohibit or limit the placement of new or additional equipment within the fight-of-way if there is
insufficient space to accommodate all of the requests of registrants or persons to occupy and use the
right-of-way. In making such decisions, the Public Works Director shall strive to the extent possible to
accommodate all existing and potential users of the fight-of-way, but shall be guided primarily by
considerations of the public interest, the public's needs for the particular utility service, the condition of
the fight-of-way, the time of year with respect to essential utilities, the protection of existing equipment
in the fight-of-way, and future City plans for public improvements and development projects which have
been determined to be in the public interest.
Relocation.
(1) Relocation for City Purposes. A registrant shall promptly but in no event more than 120 days of the
City's request, permanently remove and relocate at no charge to the City, any facilities or equipment if
and when made necessary by a change in the grade, alignment or width of any right-of-way, by the
construction, maintenance or operation of any City facilities or to protect the public health, safety and
welfare. The registrant shall restore any right-of-way to the condition it was in prior to removal and
relocation.
(2)
Under ~rounding of Relocated Telecommunications Facilities. A telecommunications right-of-way
user shall relocate all above ground facilities and equipment to underground locations at its own cost and
expense at the City's request when, (i) the City requires the relocation of all telecommunications
facilities and equipment to underground locations or ii) structures or poles to which the registrant's
facilities or equipment is attached are abandoned or removed by the owner of such structures or poles.
10
Ri~ht-of-Way Vacation.
(1) Reservation of Right. If the City vacates a fight-of-way which contains the equipment of a registrant,
and if the vacation does not require the relocation of registrant facilities and equipment, the City shall
reserve, to and for itself and all registrants having facilities and equipment in the vacated right-of-way,
the right to install, maintain and operate any facilities and equipment in the vacated fight-of-way and to
enter upon such right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or
repairing the same.
(2)
Relocation of Equipment. If the vacation requires the relocation of registrant facilities and equipment;
and (a) if the vacation proceedings are initiated by the registrant, the registrant must pay the relocation
costs; or (b) if the vacation proceedings are initiated by the City, the registrant must pay the relocation
costs unless otherwise agreed to by the City and the registrant; or (c) if the vacation proceedings are
initiated by a person or persons other than the registrant or permit holder, such other person or persons
must pay the relocation costs.
Abandoned and Unusable Equipment.
(1) Discontinued Operations. A registrant who has determined to discontinue its operations in the City
must either:
(a)
Provide information satisfactory to the Pubhc Works Director that the registrant's obligations for its
equipment in the fight-of-way under this ordinance have been lawfully assumed by another
registrant; or
(2)
(3)
(~)
Submit to the Public Works Director an action plan for the removal or abandonment of equipment
and facilities. The Public Works Director shall require removal of such facilities and equipment if
the Public Works Director determines such removal is necessary to protect the public health, safety
and welfare. The Public Works Director may require the registrant to post a bond in an amount
sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the
facilities and equipment.
Abandoned Facilities Equipment. Facilities and equipment of a registrant located on the surface of or
above a fight-of-way or on City property that, for two years, remains unused shall be deemed to be
abandoned. Such abandoned equipment is deemed to be a nuisance. The City may exercise any
remedies or fights it has at law or in equity, including, but not limited to, (i) abating the nuisance, or (ii)
requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest.
Removal of Underground Equipment. Any registrant who has unusable and abandoned underground
facilities or equipment in any right-of-way shall remove it from that right-of-way during the next
scheduled excavation, to the extent such facilities or equipment is uncovered by such excavation unless
this requirement is waived by the Public Works Director or City Manager.
Indemnification and Liability.
(1)
Limitation of Liability_. By reason of the acceptance of a registration or the grant of a right-of-way
permit, the City does not assume any liability (a) for injures to persons, damage to property, or loss of
service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort
resulting from the installation, presence, maintenance, or operation of equipment by registrants or
activities of registrants.
(2)
Indemnification. By registering with the City, a registrant agrees, or by accepting a permit under this
Section, a permit holder is required, to defend, indemnify, and hold the City whole and harmless from
all costs, liabilities, and claims for damages of any kind including the City's reasonable attorney fees and
costs arising out of the construction, presence, installation, maintenance, repair or operation of its
equipment, or out of any activity undertaken in or near a fight-of-way, whether or not any act or
11
omission complained of is authorized, allowed, or prohibited by a right-of-way permit. It further agrees
that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or
seeking any other relief against the City for any claim nor for any award arising out of the presence,
installation, maintenance or operation of its equipment, or any activity undertaken in or near a right-
of-way, whether or not the act or omission complained of is authorized, allowed or prohibited by a
right-of-way permit. The foregoing does not indemnify the City for its own negligence except for
claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily
related to the presence, installation, constmction, operation, maintenance or repair of said equipment by
the registrant or on the registrant's behalf, including but not limited to, the issuance of permits and
inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity
otherwise available to the registrant or to the City and the registrant, in defending any action on behalf
of the City, shall be entitled to assert in any action every defense or immunity that the City could assert
in its own behalf.
Right-of-Way Management Regulation Fees:
Permit and degradation fees are found on the Right-of-Way Permit Fee Schedule. Registration fees are found
on the permit form.
12
RESTORATION OF RIGHT-OF-WAY
STANDARD PLATES
PLATE
NUMBER
1
2
3
4
5
6
7
8
9
10
11
12
13
PART
NUMBER
7819.9900
7819.9900
7819.9905
7819.9905
7819.9910
7819.9915
Subpart 1
Subpart 2
Subpart 1
Subpart 2
7819.9920
7819.9925
7819.9930
7819.9935
7819.9940
7819.9945
7819.9950
SUBJECT
UTILITY TRENCH RESTORATION
Pavement 0 to 5 years old
Pavement 0 to 5 years old
Pavement 5 years old to 5 yr. project plan
Pavement 5 years old to 5 yr. project plan
Pavement in 5 year project plan
Pavement in 2 year project plan
UTILITY HOLE RESTORATION ['~e,~
Pavement 0 to 5 years old
Pavement 5 years old to 5 yr. project plan
Pavement in 5 year project plan
Pavement in 2 year project plan
MISCELLANEOUS
Gravel roads with driveways
Cross sections from plate 11
Road shoulder restoration
CD
~ CD
t-
c-
UTILITY TRENCH RESTORATION
TYPICAL PAVEMENT 0 TO 5 YEARS OLD
Date: 4-29-98
PLATE 1
No Scale
C)
o ~
~
UTILITY TRENCH RESTORATION
TYPICAL PAVEI, AENT 0 t0 5 YEARS OLD
Date: 4-29-98
PLATE 2
No Scale
o ~
CZ)
t
-t
UTILITY TRENCH RESTORATION
TYPICAL PAVEMENT ,5 YEARS OLD TO ,5 YEAR PROJECT PLAN
Date: 4-2g-g8
PLATE 3
No Scale
CZ)
c
c~
c
UTILITY TRENCH RESTORATION PLATE 4
Dale: 4-29-~J8
TYPICAL PAVEMENT $ YEARS OLD TO § YEAR PROJECT PLAN No Scale
CD
o ~
~ 0
C)
UTILITY TRENCH RESTORATION IN 5 YEAR PROJECT PLAN
OR UTILITY TRENCH PATCH
Date: 4-29-98
PLATE 5
No Scale
t--
~ ~ ~'-
> ~'~
PLATE 6
UTILITY TRENCH RESTORATION Date: 4-29-98
TYPICAL PAVEMENT IN 2 YEAR PROJECT P~N OR TEMPORARY SURFACENo Scale
~ I I~ I I~: , I I I I
- ~ I
~ I I~ I I~ I I
~ I II I I~ I I I I
I I I I
~ I I I
Io orig;nol densily
Compoct subgrode to original density
TYPICAL RESTORATION ~PICAL HOLE
PLATE 7
UTILITY HOLE RESTORATION Date: 4-29-98
TYPICAL PAVEUENT 0 TO 5 YEARS OLD No Scale
14' 12'
12' I 12, ~10'
I I
I
I I
I
I
Compact aggregate base
to orlg~nol density
e to original density
TYPICAL RESTORATION
TYPICAL HOLE
UTILITY HOLE RESTORATION
TYPICAL PAVEMENT 5 YEARS OLD TO 5 YEAR PROJECT PLAN
Dale: 4-29-98
PLATE 8
No Scale
~ ,I ~ ' ' 2' ]1 10'
~ ~ ~ ~ 14' J l 12' 2' I
] I I I I I
I I I I I I
i I I ~ I I I I ~ I I
i I I I I I I I , I I
I II I I i I II I I
I I ~ I I I I I I I
I I ] I I i I I I I I
I II I I ' I II I I
I I ] I I I I ' I I
I I[ I I I I[ I I
I I t I I I I a I I
I I I I I I I , I I
I II I I I I] I I
I I t I I I I t I I
[ i I [ ' [ ... -[...~_/I I ]
...... ~-'--'"',~--[--.-~----'-.I---. ""-'"~ -t'".d...--I---.--.....~.----
~ , 'I , ~ [ , j [ ,
I I [ I I ! I I I I
I I ~ I I I I I I I
~ I I I I I
-.xo ,, ,' ,' ,'
' ' ' '
-~- i I I I I
~ I I I I
~_ I I I I
' , , ' , , , I ' '
i I I[ I I I I[ I I
I I I I I I I i I I
L_ ' : 4 L[' '
I I , . .....-N. . _ _l.. --...,... _l _._..
,-.~..-- ,.~.___J--r---I----"~-----. t
1-I'-
, I I I I I I
I II ~ I I I I
I I [ I I I I I I
I II I I I I I I I
I I I I I ! I I I I
I I I I ' I I I I
I I[ I I I I I I
I I ~ I I I I I I
I I[ I I I I I I
I I ~ I I I I I I
I I [ I I [ I I I I
I t , , i [ I I I
~ ~' ,,~ ~_Compoct oggrec~ote bose · J~ ~,
~ -, to orig;nol dens,ty
Compoct subgrode to or~cjinol density
TYPICAL RESTORATION TYPICAL HOLE
~_Compoct oggrecjate b
~ ~' F'~J ·t.,", ,,',r;~;n~l ri~nc~;t.u
UTILITY HOLE RESTORATION IN 5 YEAR Dote: 4-29-98 PLATE 9
PROJECT PLAN OR UTILITY HOLE PATCH No Scale
I I I I 14' i 12' 12' 1 10'
I I I I I I
I II I I I Ii I I
I II I I I I I 1
I II I I I I I I
, I II, I I I II, I I
: , ,
I I I ~ I
~ I I I II I I
I I I II I I
, , , ,,, ,
I I~ I I I I I I
I II I I I I I I
I t~ I I I I I I
' I I~ I I I I I I
I I~ I I I i~ I I
/~ ~ '~Compoct o~re~ote bo~e ffi ~
nn m ~ [0 origlnol dens~ty
Compoct subgrede to odglnol density
TYPICAL RESTORATION TYPICAL HOLE
UTILITY HOLE RESTORATION Dote: 4-29-98 PLATE 10
TYPICAL PAVEMENT IN 2 YEAR PROJECT P~N OR TEMPORARY SURFACE No Scold
I :~) '-~ I
I I
I
I
, I I ~ I DRIVEWAY
~0~.
I I Drip Lin~
I I
- -. I Utility----
I
m< I I CONCRETE
I.~ ~ ~1 DRIVEWAY
I
I
~ 1 ~ ,
I ' ',
I
, ~ I DRIVEWAY
> I I
I
I
~ote: ~ll utility lines must be pushed under roods, shoulders ond driveways unless
other construction methods ore opproved by
PLATE 11
TYPICAL ROAD P~N Dole: 4-29-98
No Scele
Section A-A Section A-A
Restore Gravel Surface 'Restore Gravel Surface
Trench Plow
I ~j~ [jjjj~jj Gravel Surface J I Grave, Surface ~J~] ~ I
L2,.... ...2,-.J i-.-2,..,,.-....-2,-.J
= Compact subgrode to
~w---.. original density oricjinolC°mpaCtdensltysubgrode to
Section B-B
Restore Gravel Surface
(Plow or Trench)
or
~reoter
~ ¢o.m. pa,ct ,sub.grade to
ong~nal aens~ty
Section C-C / /
Full Panel Restoration: Concrete or Bituminous Dr~.Y~y Sidew~k or Path
/
..-/ /
Note 1: Restore all surfaces to original condition with
in-kind materials
TYPICAL ROAD, DRIVEWAY, OR PATH RESTORATION Date: 4-29-98 PLATE 12
No Scale
Trench Installation Restore shoulder to
oriainal condition with
~ / in-'kind materials
Replace subgrade with
approved compacted fill ~, si;edI and/or sod
1 or greater Trench
Compact subgrade to ~,/ .
original density
Plow Installation Restore shoulder
to original condition with
in-kind materials
]m~ /---Top salt
~ t j~__.__~.~e,d and/or sod
I
1 or I Plow ~
greater ~ Compact subgrod(~e"to '",
original density
TYPICAL ROAD SHOULDER RESTORATIONDate: 4-29-98 PLATE
Section D-D No Scale
City of Columbia Heights
Public Works Department
637-38th Avenue N.E. 55421
RIGHT-OF-WAY PERMIT FEE SCHEDULE
PERMIT FEES
Permit Type Fee
Street Excavation
Trench or Boring
Boulevard Excavation
Non-Excavation (Obstruction)
Extension
Penalty
Degradation
$150.00 per Street Penetration
$150.00 plus $.25 per Lineal Foot of Trench
$50.00 per Boulevard Disturbance
$50.00 plus $.05 per Lineal Foot
$35.00.00 plus $15.00 per Week Extension
2 Times the Amount of the Standard Permit
To be calculated by City (see below for
estimates)
DEGRADATION FEES
Due to the difficulty in determining the possible scope of some projects, the City will only be able to
provide an estimate of the degradation fee when a permit is issued. The City Right-of-Way inspector
will calculate the degradation fee after the complete scope of work is determined.
Degradation Fee Estimates for Bituminous Street:
HOLE (Maximum length=street width) TRENCH
New Street-0 to 5 Years ($2.25 x street width x length) + ($2.25 x street width x length) +
($3.75 x lane width x hole length) ($3.75 x # of lanes x lane width x
lengths
Existing Street- 5yrs old to ($2.00 x lane width x length) + $3.00 x # of lanes x lane width x
5 yr plan ($3.00 x lane width x hole length) length
Street to reconstructed in next$2.75 x (hole x width = 4 feet) x $2.75 x (trench width + 4 feet) x
5 years (hole length +4 feet) length
Street to be reconstructed in $2.75 x (hole width) x (hole length) $2.75 x trench width x length
next 2 years
Degradation Fee Estimates for Concrete Street:
HOLE TRENCH
New Street-0 to 5 Years ($3.00 x street width x length) + ($3.00 x street width x
($4.50 x lane width x hole length) length) + ($4.50 x # of lanes
x lane width x lengths
Existing Street- 5yrs old to ($2.75 x lane width x length) + $3.75 x # of lanes x lane
5 yr plan ($4.25 x lane width x hole length) width x length
Street to reconstructed in next$3.75 x (hole x width = 4 feet) x $3.75 x (trench width + 4
5 years (hole length +4 feet) feet) x length
Street to be reconstructed in $3.25 x (hole width) x (hole length) $3.25 x trench width x length
next 2 years
HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING MINUTES OF FEBRUARY 19, 2002
CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment
Authority (HRA) was called to order by Chair, Marlaine Szurek, at 6:36 p.m., February 19, 2002, in
the Parkview Villa Community Room B, 965 40~ Avenue NE, Columbia Heights, Minnesota.
ROLL CALL
Commission Members Present:
Commission Members Absent:
Staff Present:
Marlaine Szurek, Gary Peterson, Julienne Wyckoff, Brace
Nawrocki, and Bobby Williams
Dennis Ecklund Jr.
Walt Fehst, Executive Director
Randy Schumacher, Acting Community Development Director
Anita Kottsick, Parkview Villa Housing Administrator
Shirley Barnes, CEO, Crest View Corporation
Mark Nagel, Housing Assistant
Cheryl Bakken, Secretary
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Approval of Minutes
Approve the Minutes of Regular Meeting of January 15, 2002.
MOTION by Williams, second by Wyckoff, to approve the minutes from January 15, 2002, regular
meeting as presented in writing. All ayes. Motion Carried.
REPORT OF MANAGEMENT COMPANY-'Anita Kottsick, Housing Administrator
One of the North apartments heating system required a new vibration valve due to a leak. This
required the system to be drained below the fourth floor, refilled, and to bleed the air line from the
expansion tank before the system was brought back up. Three apartments in the South building
required heating zone valves replaced. Staff has been working on solving a loud noise problem
residents have reported. An outside service was brought in several times, and staff thought they had
the problem solved, but it kept coming back. Then on February 18ta the problem was solved as the
noise was coming from a heating register in one apartment.
Parkview Villa North had a physical inspection by HUD on February 14~ including 21 apartments, all
storage areas, all mechanical areas, and all common areas. There were three Health and Safety
Hazards found. They consisted ora missing cover off an electrical box in the air exchange room, a
missing cover plate on the inside of a timer box, and a missing outlet cover in the trash room. AH
three were corrected within 24 hours and the documents faxed over to the local HUD field office the
same day. Kottsick will advise the Board when she receives the final report.
Housing & Redevelopment Authority Minutes
February 19, 2002
Page 2 of 5
ITEMS FOR CONSIDERATION
Adopt Resolution 2002-03, Amending and Restating the Bylaws
Schumacher indicated the t-IRA Board adopted a Resolution accepting the EDA transferring the
control, authority and operation of all housing program and projects from the Columbia Heights EDA
to the HILt, as well as all real property and contracts at their January, 2002 meeting. ~It that time,
staff was directed to have Steve Bubul, of Kennedy and Graven, Chartered review and revise, the
current HRA Bylaws. Bubul has submitted a draft of the Bylaws for approval by the Board. On page 3,
Section 1, under meetings, the Board needs to determine a date and time for future meetings of the
HRA.
Szurek asked if it was necessary to hold meetings every month. Schumacher indicated that in the past
the meetings have been on an as needed basis.
Shirley Barnes indicated that even if the HRA doesn't hold a meeting each month, per their contract
with the City, they would still provide a monthly management report to the Board.
MOTION by Peterson, second by Williams, to hold the HRA meetings on a quarterly basis at 6:30
p.m., on the third Tuesday in the months of January, April, July, and October at Parkview Villa with
the EDA meeting to follow. All ayes. Motion Carried.
MOTION by Wyckoff, second by Williams, to Adopt Resolution 2002-03, a Resolution to Amend,
and Restate the Bylaws of the Housing and Redevelopment Authority (HRA) of Columbia Heights,
Minnesota. All ayes. Motion Carried.
Analysis of 4607 Tyler Street
On October 16, 2001, staff was given direction to review the option for the HRA owned, 4-plex at 4607
Tyler Street NE to determine whether or not the ownership of the property remained a good financial
investment. Nagel found the following problems with the current ftnancial proforma: 1) the total
development cost turned out to be $166,395, or $41,600 per unit, which was 25% greater than the
$31,000 budgeted; 2) the rents were scheduled to begin at $550 per month, $40 less than the Section 8
FMR for 2 BR units in 1995. The HRA changed the policy to no more than 30% ora senior citizen's
Household income with a minimum, of $35O per month and a maximum of $55O per month in
September of 1995 without changing the proforma; 3) as a result, the rents have seldom exceeded $350
per month; and 4) because of the renovations, the units weren't rented out until May of 1996. The
proforma includes 18 months of revenues that were not received and inaccurate accounting of the
expenses. The financial results differ substantially from the original financial proforma: 1) there is
nearly $25,000 in rent and laundry revenue that was lost because the units weren't rented out until 18
months afterwards; 2) the original proforma did not build in funds for capital improvements; 3) the
total development cost was 25% higher than anticipated and was never changed to reflect a higher
payback of funds to the HRA reserve account; and 4) the rents have remained at $350 per month, or
about 50% of what the financial proforma called for when the building was purchased.
While expenses have risen, revenues have not. Therefore, the HRA has lost money on the property.
Nagel presented the following options: 1) rents could be raised to $525/mo., which would provide
enough revenue to cover expenses and build a small reserve for improvements; 2)forgive the loan
from its reserve account, so rents would need to be raised by $175; 3) sell the 4-plex for its appraised
value of $165, 000, which would require the HRA to payback the entire $40,000 of the HOME grant
Housing & Redevelopment Authority Minutes
February 19, 2002
Page 3 of 5
and $36,395 of CDBG funds; and 4) have the tenants pay more of the expenses like payingfor all of
the utilities except for the gas.
Fehst indicated the $33,000 in CDBG funds could be reallocated by request through Anoka County.
Nawrocki asked how many bedrooms the units have and are they subsidized. Nagel stated they are two
bedroom units and are not subsidized. Nawrocla' felt that if they aren't subsidized units, the Board
should bring the rent up to the market rate.
Williams questioned, if it was possible to transfer the four tenants to Parkview Villa, if the Board chose
to sell the property. Kottsick indicated that wouldn't be possible as the age requirement for Tyler is
55+ and Parkview Villa's is 62+. She also indicated she uses the same rental agreement for Tyler as
she does for Parkview.
Wyckoff asked if the Board sold the property to an organization like ACCAP, would we have to return
the CDBG funds. Nagel felt that this would be a possibility and he could check into it.
Szurek requested Nagel research the relocation costs, possible sale to A CCAP issues, and any other
options of selling the property for a future meeting.
Approve Proposal for Lawn Treatment at Parkview Villa and 4607 Tyler
Kottsick indicated in the past year, Parkview Villa and 4607 Tyler Street lawn treatment has been
performed by TruGreen Chemlawn, which expires in March. Staff requested bids from several outside
contractors and received proposals from three. Davey Tree & Lawn Care bid $972, Green Stuf Lawn
Treatments bid $792.36 and TruGreen Chemlawn bid $520. Staff recommended Board approval of the
contract with TruGreen Chemlawn for another year.
MOTION by Peterson, second by Williams, to Approve the Contract for Lawn Treatment to TruGreen
ChemLawn; and furthermore, to authorize the Chair and Executive Director to enter into an agreement
for the same. All ayes. Motion Carried.
Approve Proposal for Surge Protectors for Parkview Villa
Kottsick indicated staff reviewed the need for surge protectors at Parlcview Villa after last summer's
power surges. The EDA directed staff to seek bids for the necessary protectors. Kottsick presented
bids for two plans. Plan one included surge protectionfor circulating pumps (south bldg), surge
protection for ftre panel, telephone system, front entry door, and security camera/proximity reader at
the panel, circulating pumps (north boilers) and the glycol pump (north bldg). Plan two included all
of the above items, but instead of covering just the south boilers, it would add protection at the circuit
panel to provide protection for several other pieces of equipment like air conditioning units, parking
lot lights and garage doors. She recommended approval of the proposal from Ben Franklin Electric,
Plan 2 with funding of $1999 from the HUD Capital Fund, $1,301from the P W North operating
funds, and $1000 from the PW South operating fund.
Schumacher recommended the Board change the motion to read that the total cost of Plan 2 be divided
at one third for each account to balance out the deductions. Fehst agreed with Schumacher.
Housing & Redevelopment Authority Minutes
Febmary 19, 2002
Page 4 of 5
Nawrocki questioned when bidding out a project, if we aren't required to use the lowest, qualified
bidder, if it meets the requirements of the bid and f so, why isn't Mid-Northern Electric staffs
recommendation. Schumacher indicated that is the proper procedure to be followed.
Kottsick indicated she chose Franklin Electric because staff has experienced some problems with the
service received in the last year from Mid-Northern.
MOTION by Peterson, second by Williams, move to approve Plan 2 from Mid-Northern for Surge
Protection, with the understanding that Kottsick talk to Mid-Northern and come up with a satisfactory
agreement to perform the work with funding at one third from the HUD Capital Fund, Parkview Villa
North and South Operating Budget; and furthermore, to authorize the Chair and Executive Director to
enter into an agreement for the same. All ayes. Motion Carried.
Adopt Resolution 2002-04, Apl)roving the PHAS Management Operations Certificatio~-
Kottsick indicated that each year a Resolution adopted by the Board is required for the Public Housing
Assessment System (PHAS) Management Operations Certification. StaJf has prepared a draft for
Board approval at this time. After the form was printed, Kottsick noticed two corrections that need to
be made prior to submission to HUD. The first is on page 3, Component 2, All600 which should be 1
instead of 72, and Al1700 should be zero instead of 28.
Szurek requested Bakken make the necessary changes to the form prior to submittal to HUD.
MOTION by Peterson, second by Williams, to adopt Resolution 2002-04, Being a Resolution of the
Columbia Heights Housing and Redevelopment Authority confirming approval of the Public Housing
Assessment System (PHAS) Management Operations Certification; and furthermore, to direct the
Executive Director to forward same to the U.S. Department of Housing and Urban Development. All
ayes. Motion Carried.
ADMINISTRATIVE REPORTS
Parkview Villa Management Contract Renewal
Schumacher reported that the final year of the Management Contract with Crest View Corporation
expires in June. Staff is asking at this time, for direction from the Board, whether or not they would
like staff to negotiate an additional agreement with Crest View Corporation or go out for bids for the
Management Contract. Schumacher also indicated Kottsick will be moving to the new Crest View
Senior Building on 42nd and Central sometime this fall.
Szurek suggested the contract start at the ftrst of each year, instead of in June.
Peterson asked Barnes if Crest View has a candidate in mind for Kottsick's position and what is the
possibility of Crest View extending the management contract. Barnes stated that Kottsick will be
available to train in the new administrator, they do have a couple of candidates in mind. She also felt
an extension of the contract would be feasible with only salary increases reflected.
Renie Sufka, Apt. 104, asked for clarification of the rumor of the Parkview Villa building being sold.
Fehst explained that one of the 2002 Goals for the Community Development Department/EDA/City
Council is to look into the status of Parkview Villa and that there hasn't been any decisions made, at
this time, to sell any of the Parkview buildings. Fehst also stated this item is on the EDA agenda for
discussion and involves the South building only.
Housing & Redevelopment Authority Minutes
February 19, 2002
Page 5 of 5
MOTION by Nawrocki directing staff to prepare a Request for Proposal (RFP) for Management
Services for Parkview Villa North and South. Motion Failed for Lack of a Second.
MOTION by Williams, second by Wyckoff, directing staff to negotiate an agreement with Crest View
Corporation for a one year extension of the Management Contract, to give the EDA a chance to discuss
future options. Upon Vote: Peterson- Aye, Williams- Aye, Nawrocki- Nay, Wyckoff- Aye, Szurek-
Aye. Motion Carried.
Nawrocki felt that with the management change coming in the future, that bids should be processed.
ADJOURNMENT
Chair, Marlaine Szurek, adjourned the meeting at 8:10 p.m.
Respectfully submitted,
Cheryl Bakken
Recording Secretary
H:kHRAMinutes 2002k2-19-2002
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES OF MARCH 19, 2002
CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development
Authority (EDA) was called to order by President, Ruettimann at 6:36 p.m., Tuesday, March 19,
2002, in the City Hall, Conference Room 1,590 40th Avenue NE, Columbia Heights, Minnesota.
ROLL CALL
Commission Members Present:
Commission Members Absent:
Staff Present:
Robert Ruettimann, Patricia Jindra, Marlaine Szurek, Gary
Peterson, Julienne Wyckoff, Bruce Nawrocki, and Bobby
Williams
Walt Fehst, Executive Director
Randy Schumacher, Acting Deputy Executive Director
Cheryl Bakken, Secretary
Mark Nagel, Housing Assistant
ADDITIONS/DELETIONS TO MEETING AGENDA- Bakken passed out revised agenda
items 4 and 5.
CONSENT AGENDA
Approval of Minutes
Move to adopt the minutes of the February 19, 2002, regular meeting as presented in writing.
Financial Report and Payment of Bili.~
Move to approve Resolution 2002-06, Resolution of the Columbia Heights Economic
Development Authority (EDA) approving the financial statements for February, 2002 and
approving payment of bills for February, 2002.
Nawrocki asked what the disbursements for Columbia Heights Housing and Jay Brothers were
for. Schumacher stated the Columbia Heights Housing was the sixth and last payment on the
Transition Block Townhome Project using Liveable Community Funding and Jay Brothers was
for the demolition of 828 4t7h Avenue, the old TV shop.
MOTION by Peterson, second by Szurek, to adopt the consent agenda items as listed. Ail ayes.
Motion Carried.
ITEMS FOR CONSIDERATION
REQUEST FOR QUALIFICATIONS RELATING TO THE REDEVELOPMENT OF
INDUSTRIAL ZONING PROPERTIES
Schumacher indicated in February, the City Council and EDA approved a Request for
Qualifications (RFQ) process for redevelopment of the industrial area east of University
bounded by Jefferson Street, 37th Avenue, University Avenue, and 39~ Avenue/Lookout Place.
The RFQ process is a faster and more streamlined approach than the RFP. The draft RFQ is a
combination of several examples from metro area cities. After the EDA Board and City Council
approve the document, it will be mailed out to interested developers.
Economic Development Authority Meeting Minutes
March 19, 2002
Page 2 of 6
Ruettimann asked if we would be requesting qualifications for the entire Industrial Area.
Schumacher indicated it was very possible and is recommended.
Nawrocla' asked if it was staff's intent to find a developer that would rebuild the entire area, and
is it anticipated that the developer will receive their compensation from the redevelopment, or
would the City be responsible for a portion of the cost. Schumacher stated the ftrst step is for the
Board to find a developer's proposal acceptable, and the next step in the process would be to
determine the funding for the redevelopment.
Wyckoff was concerned that the business and homeowners should be notified prior to sending
out the RFQ. Fehst indicated other cities usually do not to send out notices for this step of the
redevelopment process.
Ruettimann asked if the commercial redevelopment area along Central Avenue should also be
sent out with the proposals. Schumacher explained the Industrial area is a very large portion of
land and combining the two may be too much to attempt at one time. Once the RFQ's are
received, the Board can determine which area to work on ftrst, what developer, etc.
After some discussion, the consensus of the Board was to extend the Industrial Development area
to 40th Avenue on the east side of University. Staff will make the change to the maps prior to
mailing out the RFQ 'S.
MOTION by Peterson, second by Szurek, to recommend to the City Council approval of the
RFQ document for the Columbia Heights Industrial Center Redevelopment Project amending the
following:
1. Under 4.5 it should read: The City of Columbia Heights City Council will consider the
Economic Development Authority's recommendation at their July 8, 2002 meeting.
2. Under 1. Project Context, should read: The City of Columbia Heights is initiating
redevelopment of an industrial area generally bounded by 37~ Avenue on the south,
Jackson Street on the east, 39'h Avenue and Lookout Place on the north and all Industrial
and General Business areas to the west of University extending from 37~ to 40~' Avenue
(see Appendix A for map). The City of Columbia Heights is seeking qualifications fi'om
interested development teams to assist the City in redeveloping the property described in
Appendix A.
3. Under number 2.3 it should read: 56 Parcels- 2 City-owned, housing about 20
companies.
All Ayes. Motion Carried.
IFilliams asked if we have any idea what the tax base is currently or what we can expect if the
area is redeveloped. Schumacher stated staff does have some ftgures available. Ruettimann
requested staff provide the ftgures to the Board.
ACTION STEPS FOR IMPLEMENTATION OF THE MCCOMB STUDY
Nagel stated that priority #7 of the 2002 Community Development Goals is to increase the City's
tax base, which includes a step to evaluate and implement recommendations from the McComb
Study. The mission statement and six objectives with steps for implementation are listed in the
packet.
Economic Development Authority Meeting Minutes
March 19, 2002
Page 3 of 6
Nawrocki asked what the Rainbow Project was. Fehst indicated Rainbow submitted plans for a
gas station and strip mall to be constructed on their site last fall and due to employee changes,
the project was put on hold. Schumacher indicated staff has approved the plans for the gas
station, which should start in another month or so.
Nawrocki was concerned that Kmart has a year lease on the building and wondered if the
building would be left vacant for 6 months. He asked if staff has an idea of what the property
owner plans to do with the building. Schumacher stated he has contacted the owners and they
are not ready to address their intentions for the building at this time.
MOTION by Peterson, second by Szurek, to approve the Implementation Plan for the McComb
Group, Ltd. Downtown Market Study. All ayes. Motion Carried.
BUSINESS REVOLVING LOAN DOCUMENTS
Nagel indicated that in November of 2001, the EDA approved the formation of a three-member
committee to review and revise the BRLF £oan documents. Staff has prepared a draft version of
the Bylaws, Plan, Application, and Cruidelines for the committee to review. Staff recommended
setting a meeting of April 8, 2002for the Committee to meet, revise the documents, and submit
them to the EDA at a future meeting for approval.
Ruettimann requested staff send a copy of the revised documents to Err Bednard for review and
comment and schedule a meeting of the committee for April 8, 2002 in the Community
Development Blue Room at 4:00p. m. Nagel will confirm the meeting with the committee.
MOTION by Peterson, second by Williams, to establish a meeting date of April 8, 2002, in the
Community Development Department Blue Room at 4:00 p.m. for the BRLF Loan Review
Committee to review, compare, and revise the guidelines, bylaws, plan and application and
submit the final drat~ to the EDA Board at a future meeting for further consideration. All ayes.
Motion Carried.
APPLICATION C1998-08, CDBG HOUSING REHABILITATION PROGRAM
Schumacher reported staff has been working with Dave King from CEE for the past six months
to finalize the Rehabilitation Grants for 1998 and 99. Anoka County has made many extensions
to the grant funding for the City and has given the last and ftnal extension date of April 1st. Staff
requested an additional extension until the two final grants are completed sometime this spring,
but in the letter from Anoka County addressing the issue it states they have been receiving a lot
of pressure from the state in releasing the funds and could not promise reimbursement.
Schumacher indicated that because the grants before the board are not complete, he asked for an
amendment to the original motion for these two grants presented tonight to read as follows:
Contingent upon Anoka County signing a Procedure to Work Authorization, and guaranteeing
full funding of the project.
Fehst stated he and staff have contacted various officials in the County for assistance.
Ruettimann requested Schumacher and Fehst set up a meeting with Jim Kordiak and Paul
McCarron to get a commitment on behalf of Anoka County.
Schumacher indicated CEE has processed a CDBG Housing Rehabilitation Deferred Grant for
the property at 4036 6th Street in the amount of $15,908 to Windows America, Roof Partners, and
Economic Development Authority Meeting Minutes
March 19, 2002
Page 4 of 6
Otogawa-Anschel for replacing windows, performing ceiling and roof repairs to the home.
MOTION by Peterson, second by Williams, to approve the CDBG Housing Rehabilitation
Deferred Grant/Loan Application for Grant # 1998-08 in the amount of $15,908 for housing
rehabilitation to Windows America, Roof Partners, and Otogawa-Anschel, and the Center for
Energy and Environment subject to meeting all program requirements; and furthermore to direct
staff to submit the loan application to Anoka County and to authorize all related expenses to be
reimbursed fi.om Fund 202-46350-4600/3050, contingent upon Anoka County signing a
Procedure to Work Authorization, and guaranteeing full funding of the project. All ayes.
Motion Carried.
APPLICATION C1998-10, CDBG HOUSING REHABITATION PROGRAM
Schumacher indicated CEE has processed a CDBG Housing Rehabilitation Deferred Grant for
the property at 3752 2 ~ Street in the amount of $20,833 to Custom Home Remodeling for
replacing the furnace, windows and frames, repair ceiling, install fascia, gutters, roof on the
garage, and sidewalk and patio repairs that will be made to the property.
MOTION by Peterson, se~cond by Williams, to approve the CDBG Housing Rehabilitation
Deferred Grant/Loan Application for Grant #1998-10, in the amount of $20,833 for housing
rehabilitation to Custom Home Remodeling, and the Center for Energy and Environment subject
to meeting all program requirements; and furthermore, to direct staff to submit the loan
application to Anoka County and to authorize all related expenses to be reimbursed fi.om Fund
202-46350-4600/3050, contingent upon Anoka County signing a Procedure to Work
Authorization, and guaranteeing full funding of the project. All ayes. Motion Carried.
ADMINISTRATIVE REPORTS
REDEVELOPMENT PLAN FOR 40TM AND LOOKOUT PLACE
Schumacher indicated the preliminary redevelopment proposal for the southeast corner of
University and 40a Avenue in the packet is made up of five parcels of property and a partial
vacation of Lookout Place. The City owns the vacant lots on the west side of Lookout, and is in
the process of purchasing the Conoco Station directly to the north. The single-.family home at
325 Summit Street is vacant and will soon be put up for sale. Michael Sweat, the general
business parcel at 322 4t7~ Avenue, has indicated they would like to relocate to a larger building
in Columbia Heights. The proposal has been discussed with the City Engineers. Schumacher
pointed out the area on a map for discussion.
Schumacher indicated funding would come from O the resale of the home on Summit Avenue; 2)
the $35, O00 from Monroe property; 3) $30,000 approximately, left over from Central Avenue
property purchases; and 4) CDBG funding.
Nawrocki recommended the property owners on Summit be advised of the City's intentions, due
to more traffic being routed down Summit if 4t7h and Lookout Place access is blocked off.and he
would like staff.to submit a Cost Benefit Analysis of the project. Ruettimann stated the owners
on Summit will be notified at the proper time, but didn 't feel that they would experience anymore
traffic on the block. He then directed staff.prepare a Cost Benefit Analysis for the project.
Economic Development Authority Meeting Minutes
March 19, 2002
Page 5 of 6
MOTION by Ruettimann, second by Williams, to direct Schumacher to negotiate an agreement
with the two property owners on Summit Avenue on behalf of the City and for staff to prepare a
Cost Benefit Analysis. All ayes. Motion Carried.
LOMIANKI PARK UPDATE
Schumacher indicated City Council has been involved in discussions regarding potential
development of portions of £omianki Park. Bruce Nedegaard approached City Council with a
concept development plan for high-density townhomes. The plan included the entire portion of
south £omianki Park, as well as a portion of land extending up 3 7th Avenue on the south.
Nedegaard met with the owner of the small industrial business located at 82 38~ Avenue, and the
owner of the residential home at 3702 Main Street, and is pursuing negotiations for both
properties. The owner of the industrial property indicated he would like to sell the building and
land. Staff outlined the steps necessary to develop the land and provided a copy of the appraisal
for the north and south parcels. The first step for redevelopment is a public open house, which is
scheduled for March 26th at 7:00p. m. in the Council Chambers, where Nedegaard will present
the townhome concept plan for south £omianki Park.
3722 CENTRAL AVENUE UPDATE
Schumacher reported the closing of Vera Johnson's property at 3 722 Central Avenue was
delayed due to some family issues related to the signing of the deed, but felt confident the closing
should be finalized within the next week. Johnson has taken an apartment in Parkview Villa
south. The property at 3718 Central Avenue (VonHeidemann 's), was acquired a couple of
months ago. Staff has already discussed options with some developers interested in the two
properties.
ANNUAL REPORT
Schumacher presented the Board with a copy of the Community Development Department's
Annual Report for 2001, which provided a description of the highlights that occurred, some data
and documentation for informational purposes only.
TOUR WITH DUNBAR DEVELOPMENT CORPORATION
Fehst indicated he and the Community Development Department staff took a tour of Shakopee on
March 5~ with Dunbar Corporation to see some of the facilities they have developed in the area.
The purpose of the tour was to check out possibilities for the Mady's site on Central Avenue in
Columbia Heights. The plan included three floors of senior housing above City offices, public
space for the Library and possibly some room for the Police and Fire Department. He felt this
was a concept that could work for Columbia Heights. Fehst received a development package
from Dunbar that he directed staff to copy and distribute to the Board members for review and
would like to see Dunbar's development concept placed on the April agenda for discussion.
OTHER BUSINESS
Nawrocki received a call from the Ostlund brothers that own the property behind White Castle
on Central Avenue. They asked Nawrocki to get feedback from the EDA and City Council on the
idea of building townhomes on the site. Ostlund indicated they have already talked to a couple
of developers on the townhome idea.
Peterson indicated he felt if anything was built on the site, access to the property would have to
come from 52na Avenue, which is Fridley owned.
Economic Development Authority Meeting Minutes
March 19, 2002
Page 6 of 6
Szurek and Wyckoff remembered a motel that submitted plans for the site approximately four
years ago. It was going to be called the Baymont Hotel, but was never developed due to the lack
of visibility. Ruettimann directed staff look up the plans and give copies to the Board.
Nawrocla' will convey to the Ostlund brothers that the consensus of the Board was that
townhomes or restaurants would be nice for the site.
ADJOURNMENT
President, Ruettimann, adjourned the meeting at 9:06 p.m.
Respectfully submitted,
Cheryl Bakken
Recording Secretary
H:\EDAminutes2002\3-19-2002